Levelling-up and Regeneration Bill

Lord Lexden Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I beg to move the amendment in the name of my noble friend Lady Hayman. During Committee, we expressed in detail our concerns about the impact that the permitted development regime had on our town centres, on the availability of commercial property, and on the provision of often poor quality and unsustainable homes in unsuitable locations, and, most importantly for the purpose of discussion of this amendment, about the fact that permitted development does not require the usual contribution from developers to local infrastructure or provision of affordable housing. This is an excellent deal for developers but an appalling one for the community. Not only have those in such communities been unable to have their say on whether or not the development takes place, or on how the impact of the development on the area can be mitigated—and neither have their democratically elected representatives—but they have also to absorb the impact of the new development with no infrastructure to support it.

Our amendment would require a Minister to consider this urgently and to publish a review within 120 days of the Bill being passed. We hope this would ensure that Ministers keep in mind that development without any contribution to the local area or mitigation of the impact is unfair on everyone—except the developers, of course. I was very grateful to the Minister for taking time during recess to meet me to discuss the issue of permitted development, among other key planning issues. She explained to me that there is likely to be a consultation taking place on infrastructure levy on permitted development, with a view to some changes, particularly in the permitted development of office to residential accommodation, so that there would be some infrastructure levy contributions considered. I look forward to hearing her response today on how this has developed.

[Lord Lexden (Con)]

My Lords, I shall speak briefly to Amendment 243 in the name of my noble friend Lord Northbrook, who cannot be in his place today and has asked me to do my inadequate best to represent his views.

This amendment would remove the permitted development right to convert business premises outside a designated town centre into a café or restaurant. Surely if a developer in a quiet residential area wants to turn, for example, an estate agent’s office into a McDonald’s that will be open throughout the night, it should need planning permission to do so. Is that not a wholly reasonable proposition?

We were told in Committee that my noble friend Lady Scott said

“it remains the case that planning permission is required to change use to or from a pub. This ensures that local consideration can be given to any such proposals, in consultation with the local community”.

Surely local communities should have a say in the establishment of new cafés or restaurants in residential areas, not just pubs.

Several speakers in Committee mentioned the importance of breathing new life into our high streets. I emphasise from the start that the intention of my noble friend Lord Northbrook has always been to limit the permitted development right in residential areas, so the amendment has been recast from Committee to take account of this point, so that it applies only outside a designated town centre.

In Committee, my noble friend Lady Scott objected that the legislative approach of the amendment was flawed, so the amendment before your Lordships now has been recast to transfer responsibility for drafting the relevant wording to the Government. I hope that is a small task that my noble friend would be prepared to accept.