Business and Planning Bill

Lord Randall of Uxbridge Excerpts

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

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I am pleased to be able to support the measures in the Bill. There are so many businesses that are potentially on the edge of a financial precipice and I am sure that, across the House, we want to see them get back to economic viability as soon as possible. I hope that the Bill and the measures contained in it will jump-start those enterprises and sectors. I am pleased that Her Majesty’s Government are being innovative and flexible in their plans for the recovery.

There are a few areas I would like to explore in a little more detail. The Bill has helpful measures for flexibility in planning appeal procedures to enable more use of virtual sessions and to reduce the need for members of the public to travel to appeal examinations. However, I have some concerns. While appreciating the speed with which the Bill needs to be passed in order to maximise the assistance, particularly for those who are financially struggling, there is a lack of consultation on this new legislation. The Minister, who I welcome to his maiden Second Reading debate, said regarding planning that there will be separate legislation, but he will be aware of my continuing concerns that there may be changes to the planning system which relate to environmental matters and are of significant public interest. Can the Government commit to any consultation on any forthcoming changes they may be thinking of making? That would confirm the Government’s ongoing commitment to no lessening of environmental protections for habitats and species.

I am also concerned about the provisions in Clause 16 on the ability to modify construction working hours conditions. Of course these measures are helpful in terms of economic recovery, but there appear to be no restrictions on an authority’s ability to agree to applications made. With the possible changes applying to construction up to 1 April 2021, I have worries about the relaxation of current planning permission conditions restrictions on construction working hours due to nature conservation interests—for example, in relation to disturbance to birds during the harsh times of winter, during their migrations or at the start of next year’s breeding season. Currently, the Bill simply states, in new Section 74B(4) inserted by Clause 16(2), that modifications can be,

“to allow construction activities to be carried out for a longer period on a particular day (which may be the whole of that day)”

or

“to allow construction activities to be carried out for the whole or part of a day on which they would not otherwise be allowed to be carried out.”

There is nothing about a need to check why those restrictions were made in the first place and whether it is appropriate to allow modifications. What steps are the Government taking to ensure that wider environmental issues are not affected by the decision to extend planning permissions? As already mentioned by several speakers, there are worries about the effect of the extension of working hours on residents. I hope that my noble friend can give some reassurance on these issues.

Finally, like many others, I have some concerns around Clause 11. As we have heard, this clause deregulates off-sales under the Licensing Act 2003. The change will automatically allow any premises with an on-sales alcohol licence—bars, pubs, clubs, restaurants et cetera—to sell alcohol for consumption off the premises in open containers for the same hours as for on-sales. I worry that this will encourage drinking in the street into the early hours. I fear that that would increase anti-social behaviour in town and city centres in the late evening and early morning. The images from the weekend, when in some places social distancing was increasingly reduced as the alcohol intake increased, give me real concern. Sadly, drunken and anti-social behaviour is not unusual in some city centres.

The Government say that the police and councils have powers to issue closure notices and that the Bill proposes an expediated review process. However, there are no powers to address the cumulative effect of having many premises in close proximity, and experience shows that these powers do not work effectively. Therefore, will the Minister consider an amendment to Section 11 to limit the deregulation of off-sales to 11 pm? With those comments, I otherwise support the Bill in its response to the current crisis.