Business and Planning Bill

Lord Low of Dalston Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Lord Low of Dalston (CB) [V]]

My Lords, I will speak to Part 1 of the Bill on pavement licensing, which will significantly reduce the application period—from 28 days to seven—for a business to obtain a licence to place tables, chairs and other items of furniture on the footpath. There are no requirements for the consultation to be accessible to people in the area with sight problems; the only requirement is for a written notice on the premises. If a licensing authority does not respond within the short timeframe, the application is automatically deemed to have been successful and the licence to place furniture on the pavement will be valid for a whole year.

This is a difficult and anxious time for everyone, but, as the noble Baroness, Lady Randerson, pointed out, there are particular challenges for people who are blind or partially sighted, with social distancing measures limiting independence and increasing isolation. Many people with sight problems rely on some form of guiding to navigate different environments, which often involves some physical contact. Social distancing measures make access to this support extremely difficult.

Public attitudes are also an issue. Research from the charity Guide Dogs has found that only 22% of the general public would feel “completely comfortable” offering to help someone with sight problems while social distancing measures were in place. Additionally, instructions on how to maintain a distance, such as one-way systems and floor markings in queues, are entirely visual and largely impossible for people with sight problems to follow independently.

Against this background, the measures in the Bill could see a radical increase in the amount of street clutter and reduce the already limited space on our crowded pavements. The increase in street furniture envisaged in the Bill could force blind and partially sighted people to walk in the road, change their route, avoid travelling independently or even stay at home altogether.

There is an understandable need to allow people to socialise as safely as possible and boost our economy by encouraging spending. However, the unintended consequences of these measures will further damage the confidence of blind and partially sighted people in getting out and about safely and independently. People who use wheelchairs or mobility scooters will also be adversely affected by obstructions on our pavements. Will the Government revisit these measures, extend the consultation period and require applications to be published in accessible formats so that they are open to meaningful local scrutiny?

The proposal to allow applications to be granted automatically should the local licensing authority not respond in time is particularly concerning. Many local authorities are already struggling and, if they are overwhelmed by requests from businesses, the automatic approval process risks allowing hazardous street furniture to be permitted in inappropriate locations.

Under the public sector equality duty, local authorities are required to have due regard to advancing equality, including removing or minimising disadvantages suffered by people due to their protected characteristics. How meaningful is the opportunity given the local authority to carry out this duty if it is essentially overruled and forced to accept applications? I recognise the desire to speed up approval of pavement licences, but this must not come at the cost of the duty to consider the needs of pedestrians with disabilities.

Business and Planning Bill

Lord Low of Dalston Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Lord Low of Dalston (CB) [V]]

My Lords, I will speak to Amendments 6, 7 and 8 in this group—briefly, because the case seems self-evident. These amendments provide that consultation materials should be provided in accessible formats for the benefit of disabled people, particularly those with visual impairments, and that the clock on consultation should be started only once materials have been made available online in an accessible manner. I would be most grateful if the Minister would be willing to take these amendments on board.

[Lord Cormack (Con) [V]]

My Lords, I sat in your Lordships’ Chamber last Monday and heard every speech on Second Reading. Two things came across to me powerfully: the second I will deal with later, when I speak to my Amendment 28. First, I want to address a few remarks to my Amendment 20 and, as it is so short, I will read it for the benefit of your Lordships. Line 7 on page 5 of the Bill says:

“The Secretary of State may publish conditions for pavement licences.”


We should probably change that “may” to must”. I have added the words:

“and in doing so must take into account the needs of the disabled, including the blind and the partially sighted.”

It came across in speech after speech last week that there was real concern on this issue—a concern most graphically expressed by my friend the noble Lord, Lord Low of Dalston, who has just spoken, and my noble friend Lord Holmes of Richmond, who introduced this series of amendments.

t is one thing to aspire to a café society, which is very pleasant. It is entirely reasonable that we should spill out on to the pavements, if it is safe and suitable to do so. But it is essential that the needs of the disabled —including the blind and the partially sighted—are properly recognised. I very much hope that when the Minister comes to reply, we will have an assurance from the Government that this matter will be explicit and on the face of the Bill. If it is not, I will seek to reintroduce an amendment next week on Report and, if necessary, divide the House, but I am confident that that will not be necessary. I hope that this debate will be brief, and unanimous that on this issue, in those immortal words, “something must be done”.

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Moved by

[Lord Low of Dalston]

9: Clause 2, page 2, line 32, leave out “7” and insert “14”
Member’s explanatory statement
This amendment extends the public consultation period for pavement licence applications from 7 days to 14 days.

[Lord Low of Dalston [V]]

My Lords, I wish to speak to Amendment 14 in this group. Applications that have not been decided by local authorities within 10 working days are automatically deemed to have been granted for a period of one year. This is too long and could mean automatic approval for a significant proportion of licences and the volume of applications overwhelming local authorities. Combined with the absence of an opportunity to appeal, the automatic approval process risks allowing hazardous street furniture being permitted inappropriately in inappropriate locations.

If the automatic approval process is to be retained, the period should be reduced to three months in order that licences should not be approved automatically for an excessive period of time and in order to give local authorities the opportunity to revisit licences that have been approved simply due to a lack of resources within a reasonable period of time. Therefore, I would be most grateful for the Minister’s serious consideration of this amendment, and I would be grateful to other noble Lords for their support of it in the course of this debate. I beg to move.

[Lord Holmes of Richmond [V]]

My Lords, I shall speak to Amendments 13, 15 and 16 in this group, which build on the discussion we have just had. Amendment 13 would put in a right of appeal similar to what was discussed in a previous group but in the context of the situation ably set out by the noble Lord, Lord Low, for his amendment.

Amendment 15 changes the date in the Bill from 2021 to 2020 for precisely the reasons that the noble Lord, Lord Low, set out. We may be in extraordinary times and certain measures can be changed but I do not believe that it is proportionate at this stage to have a wave-through to 2021. It would be more appropriate to set a date of 2020, and that is what Amendment 15 seeks to achieve.

Amendment 16 brings out again the whole question of consultation and its being properly undertaken with the potential to incorporate views as expressed. It echoes many of the points made in the previous group around consultation. These amendments are specific to this group and to this Bill, but the reality is that these amendments are good not just for this time but for all times, in the sense of enabling full participation, full inclusion and full enablement for all across society.

There is precious little wealth in an argument that tries to push through at pace—understandably—and in so doing states that this is only a temporary measure and thus does not matter, and that we can suspend issues around inclusion, accessibility and full participation. If inclusion and inclusive design matter, and I believe they do, as I am sure everybody in your Lordships’ House does, then they matter for a second, an hour and a day as much as they matter for a month or a year.

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[Lord Greenhalgh]

For clarification, the definition of adjacent does not necessarily refer to premises. We will write to the noble Lord on his second specific point.

[Lord Low of Dalston [V]]

My Lords, I beg leave to withdraw the amendment at this stage.

Amendment 9 withdrawn.

Business and Planning Bill

Lord Low of Dalston Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Monks (Lab) [V]]

My Lords, I will speak in support of Amendment 4. As my noble friend Lord Hain said, the Bill misses an opportunity to engage trade unions fully in the measures it proposes, specifically on the issue of pavement licences. In his excellent new biography of Ernest Bevin, which I commend to the House, my noble friend Lord Adonis quotes from a letter from Bevin to the boss of ICI during the Second World War. In it, he proposes a round table for every workplace and says:

“Present methods tend to emphasise the apparent conflicting interests, whereas, if we could get round the table and get that idea suggested, we should get more emphasis on community of interest engaged together on a common task.”


Ironically, this message was better received in west Germany than it was by employers in the UK and other places. Germany’s impressive results are well known to Members of this House.

This amendment covers one small area, but it also looks to pave the way to a round-table approach from now on in the much-changed environment in many workplaces. Working from home, social distancing, protective clothing, and new hygiene standards are now features of work for many. For them to be successful, they need consent, support and active encouragement from all concerned. The noble Lord, Lord Blencathra, referred to the teachers’ unions. Our message about round tables and partnership is aimed at everybody, including employers, trade unions and other organisations, including local authorities. What has been happening in Leicester? The workshops there show a serious failure in that city—although not just there—to engage workers properly on health and safety and, no doubt, other matters too.

The Chancellor said recently that the Government would look after employers who looked after their workers, but we need more than paternalism. We need a sense that we are all in this together and breeding an idea of partnership. As my noble friends have said, that sense of common endeavour was a key feature of Roosevelt’s New Deal, which the Prime Minister has been extolling. Roosevelt promoted trade union collective bargaining as part of his job creation programmes and the PM’s admiration for the New Deal should not blind him to the fact that it is not an a la carte menu from which you can pick different bits. It is a package, of which trade unions are an essential ingredient. What was good enough for the USA, and is good enough for Germany today, is surely good for the UK. I hope that the Government will recognise the strength of this case, do the right thing, and support Amendment 4.

[Lord Low of Dalston (CB) [V]]

My Lords, I will speak to Amendment 10, in the name of the noble Lord, Lord Blencathra, concerning the minimum width left on pavements for pedestrians to pass safely. I welcome the Government’s announcement in Committee that they would be bringing forward amendments to place the conditions of pavement licensing on a statutory footing. I also welcome the acknowledgment in the Bill of the needs of people with disabilities to be able to access streets safely. However, I remain deeply concerned at the speed with which these measures are being rushed through. As the Government were not prepared to extend the consultation period for applications, it is essential that there is a clear requirement regarding the minimum space that businesses need to leave on the pavement for pedestrians to pass safely.

At Second Reading, I outlined the difficulties that people who are blind or partially sighted face as a result of social distancing, as well as many of the new challenges due to altered road layouts and one-way systems, not to mention the rapid rollout of e-scooters on to our streets. As it stands, the Bill risks a significant and barely controlled expansion in the level of obstruction on our pavements, which is especially hazardous for people with a sight impairment or limited mobility.

While putting conditions for licensing into statute is welcome, this will be useful only if the guidance that these conditions refer to is relevant and up to date. It is also vital that the requirement to meet these conditions is clearly communicated to licensing authorities. At present, the Bill’s draft guidance refers to the Department for Transport’s document Inclusive Mobility, which is one of the main sources of information on accessible design for planning authorities in England. In Committee, the noble Lords, Lord Blencathra and Lord Adonis, noted the inconsistencies in the minimum distances set out in that document and the confusion that this will cause. Inclusive Mobility only has limited references to street café furniture. As the last version is from 2005, the references to equality legislation are largely out of date. Most obviously, this guidance was drawn up well before social distancing was a consideration. As well as needing to take into account the minimum physical distance that is required for a wheelchair, mobility scooter or guide dog to pass, further space is surely now required in order that pedestrians can pass in congested areas at an appropriate distance.