Housing and Planning Bill

Lord Rooker Excerpts

Wednesday 4th May 2016 Lords Chamber

[Lord Kennedy of Southwark]

My Lords, it is remiss of the Government not to accept the amendment agreed by your Lordships’ House in respect of a neighbourhood right of appeal. The noble Baroness, Lady Parminter, has tabled a revised amendment which would restrict the right of appeal in certain circumstances only in those areas where there is an approved neighbourhood plan. As she said, this is a much narrower right of appeal than that originally proposed. If she wishes to test the opinion of the House, noble Lords on these Benches will support her. I support neighbourhood planning. This amendment would give a limited right of appeal, as has been outlined.

As I have told your Lordships’ House before, the ward I represent in Lewisham—Crofton Park—is in the process of drawing up a neighbourhood plan. We have not yet obtained full approval for it, so this amendment would not apply to us. However, it would give impetus to our efforts to carry on consulting local people and getting the local community plan approved. Then we can help local people.

The noble Baroness’s amendment would enable communities to be involved locally. The Government should support it. The Government have adopted a rather hokey-cokey approach to localism during the Bill’s passage. When they agree with measures, they trumpet the fact that they are in favour of localism and letting local authorities decide things. However, when they do not like something, they say that local councils cannot obstruct the will of central government, which needs to decide these matters. The Government have no consistency—it is in; it is out; it is in; it is out. That shows no respect for localism, local people or local communities and is no way to formulate policy. It makes a mockery of the Government’s own Localism Act, which was passed only a few years ago.

We heard the myth from the noble Baroness, Lady Evans, about local planning authorities holding up housebuilding. I tabled a Parliamentary Question on this. On 4 April, I was told by the noble Baroness, Lady Williams of Trafford, that there were permissions for 658,000 homes to be built in England that had been either not started or not completed. These are approved homes. Therefore, I do not think that local planning authorities are holding these things up. We need to get these homes built; the permissions are there.

[Lord Rooker (Lab)]

I intend the following as a purely positive question because I have not read anything about this. However, I noted something the noble Baroness said when she moved the amendment. It is a technical question. Is this a precedent for third party rights of appeal? I am not clear whether third party rights of appeal in planning exist. I seductively proposed them when I was a Minister but subsequently had to oppose them at the Dispatch Box because I was yet to be convinced about them. In other words, is this a thin end of the wedge for third party rights of appeal or do they already exist in other parts of the planning system? It is a perfectly reasonable question; I am just looking for the information.

[Lord Kennedy of Southwark]

As I understand it, this gives a right to the local parish council or neighbourhood forum to be involved in these things.

[Lord Rooker]

The point I was making is that it is a third party right of appeal. It is a fairly fundamental principle that I do not think exists—but it may do, I may be wrong. That is why I am asking.

[Baroness Evans of Bowes Park]

I think that the noble Lord is right but I might get clarification and come back to that before I sit down. I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Parminter, for this further short debate. I think that we all want communities to be better engaged with the planning system and we all want communities to have more of a say about the future of their areas. That is why we all support neighbourhood planning.

We know that the quality of local planning decisions remains high. In 2015, only 1% of applications where development was refused were overturned on appeal. Our planning system is geared to delivering sustainable development, not development at any cost. We trust that elected councillors will deliver sustainable and appropriate development. The government proposal before your Lordships requires a local planning authority to set out in any report to a planning committee that recommends granting planning permission any conflict with the neighbourhood plan and how the neighbourhood plan has been considered.

The noble Baroness, Lady Parminter, said that this would not change anything but it will. It will improve the clarity and transparency of committee reports to ensure that planning decisions are made in full knowledge of any conflict with a neighbourhood plan. This may be covered presently, but our amendment will make it a requirement. It will require them to demonstrate that they have considered the neighbourhood plan and that they have identified any conflict between the recommendation and the plan. The amendment complements the existing right that communities have to request that the Secretary of State call in applications for his own decision. All requests to call-in are considered carefully, and the Secretary of State does not hesitate to intervene where necessary. For example, over the past 12 months, seven cases involving a neighbourhood plan have been called in. With the existing right to request call-in, the new requirement on planning reports to ensure neighbourhood plans are properly considered and respected, and the Government’s £22.5 million support programme to help communities through every stage of the neighbourhood planning process, I am confident that neighbourhood planning will continue to go from strength to strength.

In response to the question by the noble Lord, Lord Rooker, this is a precedent for third party rights of appeal; it does not exist elsewhere in the planning system. I hope that what I have set out will reassure the noble Baroness, Lady Parminter, and I ask her to withdraw her amendment.