Lord Lucas
Main Page: Lord Lucas (Conservative - Excepted Hereditary)Housing and Planning Bill
Lord Lucas Excerpts
Lord Lucas
“Planning freedoms: right for local areas to request alterations to planning system
(1) If the following conditions are met, the Secretary of State may by regulations make a planning freedoms scheme, having effect for a specified period, in relation to a specified planning area. A “planning freedoms scheme” is a scheme that disapplies or modifies specified planning provisions in order to facilitate an increase in the amount of housing in the planning area concerned(2) The first condition is that the relevant planning authority or authorities have requested the Secretary of State to make a planning freedoms scheme for their area.(3) The second condition is that the Secretary of State is satisfied—(a) that there is a need for a significant increase in the amount of housing in the planning area concerned,(b) that the planning freedoms scheme will contribute to such an increase, and(c) that adequate consultation has been carried out.(4) The third condition is that—(a) the relevant planning authority or authorities have prepared a summary of the views expressed in the consultation referred to at subsection (3)(c), and(b) the Secretary of State has considered that summary.(5) For the purposes of subsection (3)(c) consultation is “adequate” only if—(a) the relevant authority or authorities publish an explanation of what the proposed planning freedoms scheme is expected to involve, and(b) persons in the planning area concerned, and other persons likely to be affected, have a reasonable opportunity to communicate their views about the proposed scheme.(6) The Secretary of State may decide to restrict the number of planning freedoms schemes in force at any one time (and accordingly is not required to make a scheme merely because the conditions in this section are met).(7) The Secretary of State may by regulations bring a planning freedoms scheme to an end, and must do so if the relevant planning authority or, as the case may be, any of the relevant planning authorities so request.(8) In this section—“planning area” means the area of a local planning authority, or an area comprising two or more adjoining areas of local planning authorities;“planning provision” means a provision to do with planning that is contained in or made under any Act;“relevant planning authority” means the local planning authority for an area that is or forms part of a planning area;“specified” means specified in regulations under subsection (1).”
Lord Lucas (Con)
My Lords, I wish to claim a record. I have just seen the first clothes-moth of the spring so, now that the weather is warming and clearly the Minister is warming to the amendments being presented, I very much hope that I shall be on a run here following the success of the noble Baroness, Lady Andrews.
I apologise for the introduction of a manuscript amendment at a late stage but this is due to constructive conversations with the Minister’s colleagues as to how we can put something in the Bill that enables local initiative to be given more scope than it is at the moment. My inspiration for this was the Wolfson Economics Prize in 2014. The winner was Oxford—a well-known Labour council—and the runner-up was Shelter, which is also not listed as a government supporter. So this is not a partisan amendment but is based on a thoroughgoing belief that local decisions, local plans, local ideas and local wishes as to how an area can best develop and contribute substantially to providing more housing are things that we should encourage. I think that the amendment provides a good way of doing that.
There is a supplementary amendment to come on Monday which will make this subject to the affirmative resolution, and another one to make sure that hybridity is dealt with. At this late time of night, I shall leave it at that, other than to very much thank the noble Lord, Lord Taylor of Goss Moor, who stepped in to move my amendment in Committee when I was laid low with a bad back, and the noble Lord, Lord Kerslake, for his consistent support. I beg to move.
Lord Kerslake (CB)
My Lords, I support the amendment. Indeed, I added my name to the previous version of this amendment but was not quick enough on the draw to add it to this latest version. Among the very many amendments that we have seen, this is a genuinely original and, I think, positive proposal. It is in every sense localist.
Before I move on, I should declare my interests as chair of Peabody, president of the Local Government Association and chair of the London Housing Commission.
I have felt for some time that we make progress on these issues through local initiative and through learning from different models in different parts of the country. Indeed, I think that that is exactly how we developed the model for city deals through the Localism Act. Proposals came forward for permissive powers to enable local authorities to make proposals for the Secretary of State’s approval. That set of amendments, sponsored by the Core Cities Group, paved the way for what I think has been an entirely positive process of city deals and devolution of powers according to local need.
This proposal opens up the opportunity to try new models at local level and to give local places, whether it is an individual local authority or a set of combined authorities, the chance to take the initiative. There are safeguards which have been strengthened: first, it would be through affirmative regulations, as we have already heard; secondly, there would need to be consultation; and thirdly, of course, the Secretary of State would need to give approval to any proposal. The test here is whether in a situation where there is high need for housing, and where the proposal envisages more housing being possible through the alternative, we should give the freedom to try it out. In my view, very clearly we should.
There is an added reason why I am very strongly in support of this amendment, and that is to do with the issues in London. Noble Lords will be aware that I chaired a commission on the housing crisis—I think it is a crisis—in London, which looked at issues of how supply in London might be doubled over five years and then held there. Nothing less than that will address the issues in London. The overwhelming conclusion of our panel was that it was simply not possible to deliver this scale of change without a new, significant package of devolution to the London mayor and the London boroughs. One part of that devolved model is greater powers on planning. This amendment would open up the opportunity for a new devolution package in London and the opportunity, I think, to tackle a growing and desperate crisis. I hope that this proposal is sympathetically considered by the Government.
Baroness Williams of Trafford
My Lords, I thank my noble friend Lord Lucas for his amendment and the noble Lord, Lord Taylor of Goss Moor, who moved it in his absence just before the Easter Recess. The noble Lord, Lord Lucas, had a bad back at that stage and half the noble Lords who are interested in this Bill were somewhat indisposed, but I am glad that everybody is now feeling much better. We may well, of course, be ill before Prorogation. I also thank the noble Lord, Lord Kerslake, who spoke as well.
My noble friend made some interesting arguments about the benefits of this model. He made a compelling case for the leadership role of local authorities and their ability to innovate in a way that reflects the needs and voices of their local communities. There is also a pressing need to build new homes, and I am strongly convinced of the importance of the role that local authorities play in that. I am therefore open to new approaches such as this which might achieve our dual obligations of housing growth and localism. I want also to reflect further on how a model such as this might be used in practice—both the noble Lord, Lord Shipley, and the noble Lord, Lord Beecham, raised some questions which are worthy of consideration.
My noble friend has made it clear that his amendment is simply enabling. If a clear case could be made for the circumstances where these measures might apply, such circumstances would need to be set out in regulations which would have to be debated in both Houses. On that basis, and with those checks and balances in place, I am willing to accept the amendment at this stage, but subject to considering further whether any technical adjustments are needed for the remaining stage of the Bill.
Lord Lucas
My Lords, I am very grateful to my noble friend for her response. I thoroughly appreciate what noble Lords opposite have said. The winners of the Wolfson Economics Prize in 2014 were big schemes, but they were very much supported locally. They clearly did not go through the processes that are envisaged in my amendment, but the Oxfordshire scheme was 150,000 houses. It was supported by Oxford City Council in its generation, and the Shelter scheme in the Medway was of a similar size. These are transformative schemes and it is quite difficult, I am told by those who supported them, to see how one fits them within existing planning law.
At the same time, we do not want, as the noble Lord, Lord Shipley, says, to completely reconstruct planning law bit by bit. I do not lay claim personally to deep expertise in this area, but my intention is that we should not be doing that. We should allow local areas to operate as standard bearers to look at something that really makes sense to them and has strong support locally, to take that forward and see how it goes. If they get it right then we will all learn from it and have a process that helps us advance planning law. If they do not get it quite right then it is what they wanted and they did their best but the planning arrangements for the rest of us remain as they were. I am for innovation and encouraging, above all, localism and letting local communities really have a say in what is happening to them and an ability to tackle things on a large scale where that is needed. That is something we should encourage.
I am depressed that it looks like my children will live in smaller houses than I did, and I live in a smaller house than my parents did. I think that that is pretty standard across the country. We ought, as we get richer, to have better and nicer places to live in. We need more innovation and more understanding to work out how all the conflicting demands of the environment and us as a society and individual people can best be met. I am a great fan in that context of local innovation. I am comforted by what my noble friend said. I do not pretend that this does not require further thought and consideration and I am certainly open to all suggestions on this.