Localism Bill

Lord Lawson of Blaby Excerpts

Monday 20th June 2011 Lords Chamber

[Lord Taylor of Goss Moor]

My Lords, this is an extremely important amendment. Although my noble friend proposes it as a probing amendment, I hope Ministers may come to recognise that incorporating a clear and balanced definition of sustainable development in the Bill is fundamental to the workings of a Bill that is predicated on sustainable development. It is important to set out this definition in statute and not simply in the proposed national planning policy framework.

I declare my interests in this area: I chair the strategic partnership that is delivering an eco-community in Cornwall, which is all about these issues; I chair the National Housing Federation, which takes an interest in these issues; and I chair in a voluntary capacity the Rural Coalition, which brings together some 14 national bodies with a particular interest in the sustainable development of rural communities, including Britain’s major planning bodies and organisations such as CPRE and CLA. All these bodies have expressed concern about the absence of a proper and balanced definition.

I have taken an interest in this issue for more than 20 years, but did so most particularly when I was asked by the previous Government to carry out a review of rural planning on a non-partisan basis in relation to economic development and housing—the Living Working Countryside report. The first chapter concentrated on the way in which the term “sustainable development” can lead to perverse consequences when people do not use a balanced definition. Too often, developments have been refused because sustainability is seen in purely environmental terms, not in terms of the sustainability of communities and the rural economy. Exactly the same criticism could be made the other way around, if sustainability is seen too often simply in terms of economic development. I share the concerns expressed about the proposed definition.

This issue is not without consequences. It directly filters down to the way in which decisions that profoundly affect the sustainability of communities are taken at the local level. In the review, I said something else that is important here. The sustainability of communities, when we are looking at how they develop, is not about a judgment on whether that community is sustainable, because one might argue that many communities, if started from scratch, would not be created in the form that they are. The question is always: does change contribute to enhancing the economic, social and environmental sustainability of that community, or does it detract from it? It is a moving target and we should not seek perfection before we allow change. It is perfection that we are striving towards—not that we can achieve it at any given moment.

For all these reasons, it is fundamental that Parliament is clear about what we mean by a presumption in favour of sustainable development, and we cannot have that clarity if we do not set out in statute a proper definition of it. The meaning that we may each take may be different. One reason that I rise to speak is that, the more we put on the record what we mean by these issues, the more likely it is that we will get the right consequences. I simply do not believe that we should empower something so fundamental if it is simply part of the planning guidance, rather than the statute itself, and is easily amendable.

It is fundamentally obvious that if we believe that this sustainable development is important to the legislation, if we believe that it is an important principle in how this country should go forward, and if we believe that it is important to how we develop communities, we should at least be clear about what we mean by it. Having been involved in these debates for 20-odd years, I learnt long ago that if one talks simply about sustainable development, a large part of the audience is unlikely to know what you are talking about at all, and the rest of the audience thinks it knows what you are talking about, but if you do not explain it, you are liable to find out that everyone has a completely different idea of it, depending on their particular vested interest.

I regard it as something of an achievement of the Rural Coalition that we bring together such a diverse range of views, which is perhaps best epitomised by the involvement of the CPRE on the one hand and the CLA on the other. We have always agreed that getting the balance right is fundamental, and that it should be set out at this stage in the legislation. While this may be a probing amendment, I hope that we will get from the Minister a commitment to bring something into statute and agree that the definition should be balanced and forward looking about what we can achieve, not simply an assessment of the status quo.

[Lord Lawson of Blaby]

My Lords, this has been an instructive exchange, so far. No one has been able to define sustainable development and, indeed, the Bill does not define it. There is a simple reason for that, because the term “sustainable development” is totally meaningless. It is one of those cant expressions that grew up with the Brundtland report—perhaps a bit earlier; but that report referred to it—and is meant to feel good, but has absolutely no meaning whatever.

The right reverend Prelate attempted to define sustainable development as the type of development that he approves of. He is perfectly entitled to approve of some forms of development more than others, but that is not the sort of thing that you can put in a Bill, and quite rightly so. We live in a developed economy that has been developing for at least 1,000 years. That seems to be pretty sustainable to me. I cannot think what is unsustainable about it. It has also, importantly, led to a considerable rise in living standards among a greatly increased population.

Look at the developing world: that is what they want to do, too. They have great poverty and they want the sort of development that we have had in the developed countries. They say, “Now we are going to do that”. The idea that there is something unsustainable about it is proven to be false by the fact that it has been going on for 1,000 years or more—much more, in fact. The idea that sustainable development has any meaning whatever is clearly nonsense. It is a great pity that the Government put the phrase in the Bill. If they had not, we would not have this ridiculous debate. At least, I commend them on not attempting to define something which has no meaning whatever.

[Lord Newton of Braintree]

My Lords, before I say anything else, I should probably declare an interest, which I hope that I do not have to declare every time, which is that my wife is a former chairman of Braintree District Council and currently the cabinet member for planning and strategy. I hasten to add that, on this subject, we have not considered our views together, and I am not expressing her opinions—as I do on everything else, of course.

This is an unusual occasion for me. I do not usually find myself tempted to my feet by my noble friend, who is historically rather more robust than I am. I am normally seen as being on the softer side of the party. I have every sympathy what he just said. I will not elaborate, therefore, but I add a second heretical view, which is that, from what I have heard so far today—and I have reservations about parts of the Bill—we are in danger with all these definitional clauses of creating a pure lawyers’ paradise in which every decision is capable of endless judicial review to determine what these meaningless words mean. I do not encourage that.