Combined Authorities (Finance) Order 2017

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Thursday 30th March 2017 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, the order puts in place the process that elected mayors and their combined authorities will follow for setting the mayoral budget and issuing precepts. For the six mayoral combined authorities with elections this May, these processes will apply in relation to 2018-19 and each subsequent year. This is applicable to all mayoral combined authorities, except for the West of England. In this case, reflecting local choice, there will be no mayoral precept, an outcome secured by provisions in the order establishing that combined authority. In addition, the order makes certain transitional finance provisions for Greater Manchester, reflecting that, from 8 May 2017, its mayor will have police and crime commissioner responsibilities, and be responsible for the Greater Manchester Fire and Rescue Service.

This order establishes the final element in the funding framework for mayoral combined authorities. Under this framework, the activities of combined authorities and their mayors will be funded as follows. First, combined authorities and their mayors, as provided for in the devolution deals, will receive new, additional financial resources from government. In particular, noble Lords will recall that the Government are providing £30 million per year for 30 years of investment funding, known as “gain share”, to areas such as Greater Manchester, the West of England and the Liverpool City Region. In the case of the West Midlands, which we have considered in the previous debate ahead of the Statement, this investment funding is £36.5 million per year for 30 years. In the case of Cambridgeshire and Peterborough it is £20 million per year for 30 years and in the Tees Valley, reflecting the size of the area, it is £15 million per year for 30 years. Central government resources also include budgets for transport, and the mayors will have the powers to allocate this funding to the constituent councils, as we saw in the order that we previously considered today for the West Midlands.

Secondly, the primary legislation—the Local Democracy, Economic Development and Construction Act 2009—together with the orders we have made for individual combined authorities, provides that the constituent councils can make contributions to combined authorities and mayors. Importantly the orders also provide that, in the case of mayoral expenses, the mayor must agree contributions with the constituent councils in advance of incurring expenditure.

Thirdly, combined authorities can impose a levy on their constituent councils for transport costs. It is open to us also to make further secondary legislation to extend these levy powers for other functions of the combined authority. The constituent councils then build these levies into their own budgets.

Finally, mayoral functions—to the extent they are not met by other means—are to be met by a precept. This precept is determined each year through the mayoral budget process and is formally issued by the combined authority to the billing authorities in its area. The billing authorities then build this precept into their council taxes and the precept will be visible on council tax bills. As I said earlier, the mayor for the West of England does not set a precept. In this area, the costs of the mayor will be funded through contributions from the constituent councils.

If approved by Parliament, today’s order is to be made under the Local Democracy, Economic Development and Construction Act 2009—as amended by the Cities and Local Government Act 2016—and makes detailed provision about budgeting and precepting. If approved by Parliament, the order will come into effect the day after it is made. The specific provisions, which are designed to ensure an effective process including robust arrangements for scrutiny and challenge of the mayors’ proposals, are as follows. First, there is a requirement for combined authority mayors to submit by 1 February of a given year a draft budget to their combined authority for consideration. Secondly, the combined authority recommends any amendments to the draft budget before 8 February, and the mayor considers them and makes a further proposal if he should choose to do so. Thirdly, the constituent members of the combined authority may impose amendments to the mayor’s draft budget, if supported by a two-thirds majority—except in the case of the Tees Valley, where that majority is three-fifths. In the absence of this majority, the mayor’s proposals must be accepted by the combined authority.

Fourthly, the combined authority must set a mayoral budget if the mayor does not submit a draft for consideration by 1 February. Fifthly, the mayor is to fund mayoral functions through a precept, which will be subject to referendum principles that limit precept increases in the absence of a council tax referendum. Sixthly, the standard local government finance regime applies so that precepts must be issued by 1 March. Seventhly and lastly, to aid transparency the mayor is required to maintain a fund relating to the receipts and expenses of the mayor’s functions, excluding police and crime commissioner functions, for which Manchester city combined authority is responsible and for which there is a separate police fund.

The order also contains detailed provisions about transitional measures. The duty to issue a precept is disapplied in relation to the year in which the first mayor for the combined authority is elected. This is because for this year the mayor will not be in office in time for the precept to be set. Mayoral expenses in this first year will therefore be met by contributions from the constituent councils.

The final transitional provisions relate to Greater Manchester, where the mayor will be responsible for police and crime functions and the fire and rescue services. These provide that the precepts for 2017-18, which have been issued by the Greater Manchester police and crime commissioner and the fire and rescue service, will from 8 May this year fund the mayor’s activities in respect of policing and fire and rescue functions.

In conclusion, the order will support the new combined authority mayors to fund their functions through a precept and a budget-setting process that allows for effective challenge and robust and transparent scrutiny by the combined authority. The draft order will complement the orders already approved by this House to implement the devolution deals agreed between local areas and the Government, paving the way for a more balanced and successful economy and improving housing supply across the country. I therefore commend the order to the House.

[Lord Shipley (LD)]

My Lords, I shall make two brief points. First, the powers and the checks and balances proposed in the order seem appropriate, but I note the final paragraph of the Explanatory Memorandum concerning monitoring and review, which says:

“Mayoral combined authorities will be required … to put in place an extensive programme of evaluation”.


I suggest to the Minister, not least because there are two different methods for creating the mayoral budget now—for most the precept, and for the West of England by agreement of the constituent councils—that evaluating how that works could well be something for independent review as opposed to being done by the combined authorities. I hope the Minister will pay some regard to that.

The other issue is that I did not quite understand what the Minister said about audit and, in particular, scrutiny. There is a very tight timetable between the beginning of February and the beginning of March. There is to be a budget proposed by the mayor, then to be agreed by the combined authority. The combined authority is of course scrutinising that mayoral budget, except that the combined authority itself is subject to scrutiny. My question is: at what point will the scrutiny arrangements that have already been approved by another order apply? Will there be a role for the scrutiny panel before 1 March, or will the scrutiny panel put forward its views at a date between 1 March and the date at which the constituent councils are setting their budgets, which need to come very early in March? There is a process issue about the role of scrutiny, because I think the Minister said that the combined authority has a scrutiny power over the mayoral budget, but the combined authority is actually itself subject to a formal statutory scrutiny arrangement.

Council Housing

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Monday 13th March 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, as my noble friend says, sheltered housing is absolutely vital. I am very pleased to say that. I do not think there is any suggestion of bringing back direct labour. I am told that he was a byword in relation to direct labour in the 1970s. However, we recognise the importance of council housing. He will know that in the last five years we have built more council housing than was built in the previous 13 years, from 1997 to 2010.

[Lord Shipley (LD)]

My Lords, in reminding the House that I, too, am a vice-president of the Local Government Association, may I ask the Minister whether he is aware that 10 days ago the Chartered Institute of Housing said:

“The government’s ambition to solve the housing crisis will not be possible if an imbalance in housing funding continues … as new figures reveal just £8 billion of the £51 billion earmarked for housing up to 2021 will directly fund affordable homes”.?


Does the Minister agree that we need many more homes for social rent?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord will be aware that the Housing White Paper talks about boldness and the fact that we are looking at a mix of housing. That is very welcome and has certainly been welcomed by many people across political parties—for example, the London mayor. It is absolutely right that we should do that, and, of course, social housing is an important part of that. I was unaware of the quote that the noble Lord mentioned. However, he will know that a range of people across many parties and professional organisations have welcomed the Housing White Paper as initiating a very valuable debate on housing right across the board.

Neighbourhood Planning Bill

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Report: 1st sitting: House of Lords
Thursday 23rd February 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, in response to that last intervention, the answer is no. However, if my noble friend would like to table a debate on that issue, I am sure we would be only too delighted to respond.

I am very grateful to my noble friend Lord Porter for his advertisement of the LGA’s position on this. He is, I know, immensely pleased with what is in the White Paper on planning fees.

In response to the point on reimbursement, I do not think it is opening up a can of worms. Reimbursement is something everybody understands. However, when it comes to opening cans of worms, the noble Lord opposite is an expert.

Let me respond to the very valid points from my noble friend Lord Lansley. The power will be used only in extremis but I come back to the point that it is already an existing power for the Secretary of State to take. It is not new and did not come out of the blue. It will be used only in extremis and there will be discussions on that. All we are doing is extending the range of options the Secretary of State has. At the moment, he can intervene directly. This power would mean that he could intervene directly or ask a county council—I repeat: ask—whether it can carry out the plan using its local knowledge and expertise. If a county council has not got that local knowledge or expertise, I am sure that no Secretary of State would want to ask it and would take the power directly.

As I said, noble Lords and others can raise this issue as part of the consultation on the White Paper. We have no intention of altering the position in the Bill but it is open as to how this plays out in the regulations that will follow. The consultation is now open and I know all noble Lords will wish to advertise that. It would be good if people could respond to that by the deadline of 2 May.

[Lord Shipley]

My Lords, there was a brief debate a moment ago about who would pay the bills where a county council undertook the work. I raised this matter in Committee. On page 47, lines 31 to 40, the Bill makes it absolutely clear that the lower-tier planning authority must reimburse the upper-tier county council. The difficulty with this paragraph to the schedule is that nothing is said about who decides what is a reasonable level of costs, what is included in the costs and what costs the county council might be entitled to ask for.

Therefore, for the avoidance of later difficulty—presumably the Government plan to deal with this matter in guidance, or possibly in regulations more formally—it might be helpful to have the Minister’s reaction now as to who determines what is a reasonable charge for the district council to pay.

[Lord Bourne of Aberystwyth]

My Lords, I am grateful to the noble Lord, Lord Shipley, and I apologise to my noble friend Lord Porter and the noble Lord, Lord Kennedy. It is indeed the district council that pays for this—that is absolutely right—on the basis that they have been funded for it. Perhaps I may write to the noble Lord, Lord Shipley, on the issue of determining what is reasonable—it may be a matter of dispute but it happens all over the place—place a copy in the Library and send a copy to all Peers who have participated in the debate.

--- Later in debate ---

[Lord Shipley]

My Lords, my name is attached to all three amendments in this group; I will try not to repeat what other noble Lords have said because I think there is a degree of unity on a number of aspects. The aims of Amendment 6 are very important. Maybe the wording can be looked at, and maybe the Government can come back at Third Reading. The amendment would give people in local authorities confidence that the Secretary of State is not simply going to operate within the appeals system, which rides roughshod over a local planning authority and an area with a neighbourhood plan.

My noble friend Lady Pinnock made a very forceful case for Amendment 6A. I remain very concerned by the Government’s decision to have a three-year housing supply requirement where there is a neighbourhood plan area, but a five-year housing supply requirement where there is not. Can the Minister say something further about this? Had the proposals in this amendment applied, then in some of the instances my noble friend mentioned, a three-year housing supply requirement may have resulted in a different outcome to the planning application.

Amendment 40 is terribly important. I am very grateful to the noble Baroness, Lady Cumberlege, for her support for this amendment because it is extremely well drafted—I do not claim any personal credit for that at all. It defines what the problem is and what the solution may be. My noble friend Lady Parminter made it clear that it is a problem when a local planning authority goes against an adopted neighbourhood plan. I listened very carefully to the Minister’s reply to the first amendment. He made it clear—if I heard it right—that a local planning authority could make a decision which was contrary to the adopted neighbourhood plan, which forms part of the local development plan. I support my noble friend Lady Parminter in that the Government should monitor where this happens. However, I want to add one thing. Where the local planning authority owns the land in question, the Secretary of State should have an automatic right to call that application in. In other words, there is a subtle difference. Monitoring and notifying the local authority if it does not own the land and seeing whether the law needs to be changed is one thing, but where it does own the land, that should be a matter for automatic call in. I would be grateful for the Minister’s observations on that.

[Lord Bourne of Aberystwyth]

My Lords, I thank all noble Lords who have participated in a far-ranging debate on many important issues covered in this group. I turn first to Amendment 6, in the name of my noble friend Lady Cumberlege and the noble Lord, Lord Shipley. This is an area of importance. Planning inspectors are appointed by the Secretary of State to decide planning appeals on his behalf. They are not, as perhaps the impression was created at times, random individuals making arbitrary decisions. I wholly accept that there is an element of mystique here and that it would be good if we were able to demystify it. It is a bit like debates we have had recently in relation to judges: these people are taking decisions at arm’s length, based on a body of law and in accordance with legal procedure. They are properly qualified and should be supported. Planning inspectors make decisions in accordance with the national planning policy and the development plan, which includes, of course, any in-force neighbourhood plan, unless material considerations, which we touched on earlier, such as those relating to nationally significant infrastructure projects, indicate otherwise.

Amendment 6 would create a situation where all appeals which are contrary to the local development plan must be dismissed. Amendment 6A would prejudice proper consideration at appeal of how national and development plan policies should be applied. I do not accept that it is helpful for planning inspectors to be told, in advance of any deliberations, what their conclusion should be. I accept that that is probably not the intention of the amendment, but it is dangerously close to the effect the amendment would have. Nor should we tell planning inspectors how to exercise their discretion in terms of the weight attached to particular matters in the consideration of an appeal. I would also guard against what would appear, to some extent at least, to be the inconsistency of arguing, as at times we have been, understandably and correctly, for proper local planning procedures and localism and then, when we do not like it, saying that the centre needs to intervene and this is what the Minister must do. We have to consider a proper balance here. That said, I understand some of the issues that have been raised and I assure my noble friend Lady Cumberlege and the noble Lord, Lord Shipley, that the White Paper commits us to taking forward a proper procedure and giving proper weight to planning appeals. I accept that there is something to look at here and we are continuing to look at these issues with my noble friend.

I turn to Amendment 6A and some of the questions raised by the noble Baroness, Lady Pinnock, in relation to brownfield land and the green belt. She will know, because we discussed this in Committee, that there is a lot in the housing White Paper about the green belt. A lot of things are currently being processed in relation to brownfield land and I assure noble Lords that we are bringing in regulations this April—it may be later but I will correct that, if I am wrong, in a letter to noble Lords—for brownfield registers, which every local authority must complete and which will include appropriate brownfield sites identified for possible housing. We expect that housing to be delivered and there will be percentages, which, again, I will outline in the letter, that have to be delivered within this Parliament, up to 2020. So there is much happening there. We have provided loan funding for developers, through the home building fund, which has an emphasis on brownfield land as well.

Furthermore, as the White Paper makes clear, constraints on development on green belt land remain constant. The White Paper, which I do not have in front of me, says that before even looking at green belt land you have first to consider denser provision of housing which may be appropriate. We know that London, for example, is the least densely occupied capital city in western Europe. I think that Madrid is four times as densely populated. Denser housing does not sound attractive but in terms of where we are it could well be an attractive option that we should look at. Also, building on brownfield land is identified in the White Paper, as is co-operation with other local authorities to see whether something can be done if there is not sufficient housing supply in one area. So we do regard green belt land as sacrosanct. If I may, I will pick up more details on that in a letter to noble Lords, because I had not anticipated this and some of my figures may not have been absolutely accurate in relation to brownfield and green belt land.

Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Tuesday 21st February 2017 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, these regulations are necessary to ensure the effective operation of permission in principle when it is introduced later this year. Permission in principle is a new route to planning permission that will give developers up-front certainty that sites are suitable for housing-led development in principle, before they need to work up detailed and costly development proposals.

Permission in principle will make the planning process less risky and more efficient and, in doing so, will help tackle the undersupply of housing by increasing the amount of land, particularly brownfield land, with permission to build. We secured the primary powers through the Housing and Planning Act 2016 to bring permission in principle into effect. We consulted on the detailed operation of the policy and, taking account of the responses received, are now developing secondary legislation that we intend to lay shortly before this House. These regulations make a small number of minor consequential and miscellaneous amendments to primary legislation.

Regulation 2 amends paragraph 9 of Schedule 12A to the Local Government Act 1972, which prevents local planning authorities excluding information at a planning committee about an application for planning permission in relation to development on its own land. This amendment will require the local planning authority to comply with this requirement where an application for permission in principle is made in relation to local authority land, thereby ensuring an equal level of transparency.

Regulation 3 amends the Town and Country Planning Act 1990. Section 69 of that Act deals with entries on planning registers, which are public records of planning applications and permissions in the local area. Regulation 3 will ensure that records of permission in principle applications and consents are made publicly available on local planning registers, too. Section 75 of the 1990 Act ensures that a grant of planning permission enures for the benefit of the land. In other words, a grant of planning permission runs with the land and is not personal to the applicant. Regulation 3 applies this long-standing principle to grants of permission in principle, so that they also run with the land and not with the applicant.

Section 96A of the 1990 Act enables a non-material change, for example a correction to a spelling mistake, to be made to a grant of planning permission. This amendment will enable the applicant to follow an expedited process to make a non-material change to a grant of permission in principle. Without this amendment, the applicant would have to reapply for permission in principle to make such a change. The final change we propose to make through Regulation 3 is to amend Section 100 of the 1990 Act, which deals with revocation powers. This amendment will ensure that local planning authorities can revoke or modify a grant of permission in principle in the exceptional circumstances where such a course of action is necessary. This is consistent with the current arrangements for grants of full or outline planning permission.

Regulation 4 amends the Planning (Hazardous Substances) Act 1990 to ensure that in dealing with an application for hazardous substances consent, the hazardous substances authority shall have regard to any permission in principle that has been granted in relation to land in the vicinity. This change will ensure consistency with the arrangements for having due regard to grants of planning permission in relation to hazardous substances consent.

Finally, Regulation 5 will amend the Commons Act 2006 to ensure that when a local planning authority publicises its intention to grant permission in principle to a suitable site on a brownfield register, the right to apply to register that site as a town and village green is switched off. The right to apply is reinstated when a period of 10 weeks passes from when the local planning authority publicises its intention to grant permission in principle without the land being granted such permission. The right to apply is also reinstated when the grant of permission in principle expires. I commend these regulations to the Committee.

[Lord Shipley (LD)]

My Lords, I have two brief questions for the Minister. The first relates to the definition of housing-led development that the Government are currently using. We debated this during the passing of the Bill and, as I understand it, permission in principle can be obtained only in relation to housing-led development. However, questions were posed at the time regarding what happens when the housing element of a development is much smaller than the development as a whole, which may have commercial development at its heart and the housing element is consequential. In other words, can permission in principle be granted for housing on a site where less than half of the total development planned is for housing? A clear definition would be helpful.

The second matter is not so much a question as a request for the Minister to consider producing for the general public a plain-English guide to planning law. There are complexities around the Neighbourhood Planning Bill, which goes to Report on Thursday, and the changes it makes to the Housing and Planning Act, under which these regulations are being made. If one looks at, for example, permitted development regulations, permission in principle regulations and, probably in future, pre-commencement conditions, the question arises of whether there are any plans to consolidate all of them. Perhaps more importantly, it should be made easy for the general public, particularly those who are producing neighbourhood plans, to understand the statutory position of many of these policies in relation to themselves. In other words, it should be written in language that people can understand.

Housing White Paper

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Tuesday 7th February 2017 Lords Chamber

[Lord Shipley (LD)]

My Lords, I agree very much with the noble Lord, Lord Kennedy of Southwark. I welcome some of the proposals in the White Paper but it is not the ambitious, radical plan that is needed to solve the housing crisis. At the outset, I will ask the Minister a specific question. There is no mention in the Statement of the 1 million net new homes commitment by 2020 and there seems to be no new money for investing in the homes we need—yet the Government have an ambition in the Statement for between 225,000 and 275,000 homes a year to be built. Exactly how are the Government going to deliver those numbers?

I agree with the Government that our housing market is broken and I think we should be grateful for that admission. We should be grateful, too, for the admission that the country has not built enough houses and that millions of “ordinary working people”, in the words of the Secretary of State, are saving hard but will not have enough for a deposit for almost a quarter of a century and that, if they are in the private rented sector, they are handing half their combined income straight to the landlord, if they are a couple.

It is true, and the Government are right to say, that we need action on many fronts simultaneously—but I believe that they are not working on as many fronts as they should. There is an acceptance, which I welcome, that brownfield sites must be developed before green belt site. There is, rightly, an acknowledgement that the Government should not be in the business of land banking and that we must free up more public sector land more quickly. There is also an acknowledgement of the need to make it easier for small and medium-sized builders to compete, to encourage off-site factory builds, to support housing associations to build more and to “explore options” to encourage local authorities to build again, including through accelerated construction schemes on public sector land.

I am not clear why the Government are still “exploring options”, because they have had months to get on with permitting local government to start building again—I declare to the House my vice-presidency of the Local Government Association, which has campaigned for years on this matter. Local authorities can borrow prudentially under the prudential code against their housing assets or, quite separately, against their overall assets. I would like to hear from the Minister that there will be government support for local authorities to get building again.

The noble Lord, Lord Kennedy, referred to the changes that the Government seem to be making to the Housing and Planning Act—which was, I hope it is now generally conceded, a very bad Act. We have seen U-turns. To cite just four: the Government introduced pay to stay for those in social homes and then abandoned it when they realised that it was impossible to manage, as they had been warned in your Lordships’ House; they extended the right to buy to housing associations and then made it voluntary; they refused to ban letting fees for renters because it was bad for the market and then changed their mind; and they cut funding for supported housing and then extended it for another year to think further about it. What other U-turns are on the way? What exactly is the position on the compulsory sale of high-value council homes?

Finally, the Government need to apply tests over the coming months to the White Paper. The tests I would apply are these: will it reduce homelessness? I remind the Minister of the Government’s own figures in December that almost 75,000 households are in temporary accommodation. Will it build more social homes for rent in the volume required? Will it make housing more affordable to those on low incomes, to enable those in work on the living wage to afford to live reasonably close to where they work? Will it definitely prioritise brownfield over greenfield development in practice, and will it get local authorities building in the volume they are capable of against their assets?

I have a final request. Not for the first time, I ask the Government to cease using the word “affordable” to describe housing that patently is not affordable for millions of people?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords, Lord Kennedy and Lord Shipley, for their contributions, but I am rather amazed that neither of them welcomed many of the things that they have been asking for over the past three days in Committee which are contained in the White Paper. There is action on planning fees: a 20% increase for planning departments from the summer, with a further possible 20%, to which we are minded to agree, tied to performance. That is something that I am sure they would wish to welcome.

There are provisions on land banking, on which we were pushed continually in previous sessions on the Bill, and before that, as well as action on brownfield sites. It is also very clear, to answer the noble Lord’s penultimate point, that brownfield land is something that we specifically go for before greenbelt land in the White Paper.

I appreciate that noble Lords have probably not had long enough to study the White Paper, and therefore that some of these points may have been overlooked. They asked what we were doing in relation to councils. We intend to work with them, with all the levers that we possess. The reason there is no immediate action is that this is a White Paper that is out for consultation from today until 2 May. That is why this does not represent legislation. Noble Lords need to be careful what they wish for. There seemed to be an implied criticism from the noble Lord, Lord Kennedy, that there was too much legislation. Some of this we hope will result in legislation and some of it can be carried out without legislation—but this is not legislation but a White Paper.

Clearly, building 1 million new homes—to which the noble Lord, Lord Shipley, referred—is still very much our policy. It was in the manifesto and is still very much there. We are going for a mixture of tenure—again, the White Paper makes that very clear. We are putting fresh new emphasis on the private rented sector and, indeed, we are working with the social rented sector. We provided extra money in the autumn Budget last year for the social rented sector by allowing it to lift the cap. That is also a very positive point about this White Paper. So I am amazed that noble Lords do not wish to welcome some of the points in the White Paper.

The test that the noble Lord, Lord Shipley, applies is a fair one. Will the White Paper reduce homelessness? I believe that it will. Also, of course, other things are happening with relation to homelessness. As we know, with all-party support, the Homelessness Reduction Bill will be an important part of that panoply of measures, and that comes before us after our Recess, towards the end of February, when it will get its Second Reading in this House.

I was asked what we were doing in relation to rough sleeping. We doubled the grant for that recently, as noble Lords will be aware. Another measure that we have, quite rightly, been encouraged to provide for is woodlands. Again, woodlands are featured here. We want to protect woodlands with measures in the National Planning Policy Framework. Again, this is in the White Paper.

There is an awful lot of radical stuff which, quite rightly, Peers across the House have been calling for and which is in the White Paper. So I think that the welcome given to it—if welcome it were—was far too muted as regards the content of the White Paper.

Neighbourhood Planning Bill

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Grand Committee

[Lord Shipley]

The Minister kindly answered three of my four questions. The missing answer was on the right of a county to charge whatever fee it wishes to. It is an important issue and, if he prefers, the Minister can write to me, but in Schedule 2, lines 31 to 40 rather suggest that a county can charge a district whatever it wishes.

[Lord Bourne of Aberystwyth]

I shall take up those points. In response to my noble friend Lady Cumberlege, this power will be used sparingly, and the Secretary of State will have to give reasons. In preparing their joint plan, the authorities concerned can, if they wish, reject the plan—they are not obliged to adopt it. I repeat that there is absolutely no hidden agenda here. As my noble friend correctly said, it is certainly better where joint plans emerge. That is very much the view of the Government and the Secretary of State. We anticipate that that will be the case in the vast majority of circumstances. We know that, occasionally, local authorities do not necessarily have the capacity. There will be cases—even if there are not, we still have to guard against the possibility that there could be—in which the Government will have to have a backstop power in relation to these matters. That is what this is. The Secretary of State has to give reasons. The authorities concerned can turn down those reasons.

In relation to the point made by the noble Lord, Lord Shipley, I am advised that there is cost recovery for the work done. I hope that answers his question. If I am wrong on that, I will correct it in a letter.

[Lord Shipley]

I am happy for the Minister to write to me. Clearly, we need to define what cost recovery is, because the definition of necessary costs currently lies with the county and not the district. There has to be a system that everybody understands.

[Lord Bourne of Aberystwyth]

That is an entirely fair point. As I said, there is a system to ensure that costs may be recovered, but I will elucidate that, if I may, in my letter.

I apologise, but I have forgotten the point that the noble Lord, Lord Kennedy, made.

Neighbourhood Planning Bill

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Committee: 1st sitting (Hansard): House of Lords
Tuesday 31st January 2017 Grand Committee

[Lord Bourne of Aberystwyth]

My Lords, perhaps I may say as I crawl across the minefields in the mist having been battered by iron fists and with my feet held to the fire, that I will try to deal with some of the issues that have been raised quite fairly by noble Lords relating to this group of amendments. It may help if I first try to put this in the context of what the Government have done to promote and improve neighbourhood planning—just so that we do not lose sight of what is important.

The measures introduced by the Housing and Planning Act have sped up and simplified a number of processes, with, for example, new time limits being imposed on planning authorities and more transparency in committee reports. We have provided £22.5 million-worth of support for neighbourhood planning groups and have provided more than 1,800 grants to the value of over £10 million. Also, some £13 million has been paid out to local planning authorities to help them meet their responsibilities. I have referred to the Written Ministerial Statement of December 2016, which was provided to address the issue raised by communities about the transition problems around the operation of the five-year land supply requirements. This Bill will put it beyond doubt that decision-makers must have regard to neighbourhood plans that have passed examination—it is important to nail that. It also makes clear the advice and assistance that local planning authorities are able to provide to neighbourhood groups and it will bring neighbourhood plans into legal force as part of the development plan at an earlier stage, all of which is important.

Before I turn specifically to the amendments tabled by my noble friend Lady Cumberlege, perhaps I may address a couple of points raised by the noble Lord, Lord Shipley, in the context of Schedule 1 relating to the procedure for examination as set out in new paragraph 12(1). The words “the general rule” replicate the language used in the Localism Act 2011 under the coalition Government. I appreciate that that is not the whole of the answer, but the phrase has been put in for good reason in that there is a substantial amount of case law that defines what “the general rule” is. I will endeavour once again in the compendium letter that I will send round to give examples of how it would operate.

I would also say to the noble Lord that new paragraph 12(2) makes it clear that it is not just the examiner who can initiate an oral hearing, or at least that it may be but he would be required to do so under new paragraph 12(2)(b),

“in other such cases as may be prescribed”.

It is not as if he has a totally unfettered discretion. Indeed, we may want to examine this heading when we discuss the specifics because it does provide for cases to be prescribed.

[Lord Shipley]

Can the Minister explain what and who it is who will do the prescribing?

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords, Lord Beecham and Lord Kennedy, for raising this matter. I am not sure whether they believe in the 40% figure, 4% or 2% because that is not entirely clear. Perhaps I may say that I do not think that their hearts are quite in it. The most alarming thing about the debate is that on this basis, Newcastle would have been deprived of the noble Lord, Lord Beecham, and Lewisham possibly deprived of the noble Lord, Lord Kennedy, to the detriment of our national life. I would have thought that the presence of the noble Lord’s name on the ballot paper would have ensured a really high turnout. More seriously, this is not something that we can pursue.

[Lord Shipley]

Just to assist the noble Lord with further information. In fact, the noble Lord, Lord Kennedy of Southwark, was elected on a turnout of 40.61%.

[Lord Bourne of Aberystwyth]

My Lords, I think we now know why the figure of 40% appears in the amendment.

In all seriousness, clearly we would all want to see higher turnouts, but regrettably much of our national life turns on low turnouts. In May 2016 the overall turnout in English local elections was 33.8%—the noble Lord, Lord Kennedy, bucked the trend. The average turnout for neighbourhood planning referendums is 32%. The principles of neighbourhood plan and neighbourhood development order referendums are consistent with all referendums and elections in our country. People are given the right to vote but are not obliged to do so. With this in mind, we cannot support the 40% threshold. The Electoral Commission’s data show that the overall turnout in English local elections since 2007 has exceeded 40% in only three years.

As the Minister for Housing and Planning, Gavin Barwell, highlighted in the other place when a similar amendment was tabled in Committee, of the approximately 240 neighbourhood planning referendums that had been held at that point, around 170 had had a turnout of less than 40%. The amendment would drive a coach and horses through the legislation and could jeopardise the whole neighbourhood planning process and the hard work of so many people and communities to produce neighbourhood plans, which the Government support. With this clarification, I hope the noble Lord will withdraw his amendment.

Homelessness

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Wednesday 21st December 2016 Lords Chamber

[Lord Shipley (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and to remind the House that I am a vice-president of the Local Government Association.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, we do not produce estimates for future homelessness levels, but we publish statistics every quarter. The latest statistics show that between 1 July and 30 September 2016 local authorities accepted 14,930 households as being statutorily homeless. Statutory homelessness acceptances remain less than half the 2003 peak.

[Lord Shipley]

My Lords, I thank the Minister for his reply. However, the figures that the Government published last week reveal that we now have 74,630 households in temporary accommodation, which is an increase of 9% in the past year. They also show that 124,090 children across Britain are homeless, an increase of more than 10% in the past year. We also know that rough sleeping is rising particularly steeply in our cities. Does the Minister agree that these figures are a disgrace, that they reveal a national crisis and that it is essential to build more social homes for rent to meet demand?

[Lord Bourne of Aberystwyth]

My Lords, the number of children living in temporary accommodation, which the noble Lord referred to, is indeed a challenge, although it is down from its peak in 2006. I have no doubt that, following our announcement of extra money in relation to homelessness, the noble Lord will want to welcome the Prime Minister’s announcement this morning in Southwark of tailored support for housing throughout the country, with 225 local authorities due to receive help.

Affordable Housing

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Thursday 15th December 2016 Lords Chamber

[Lord Shipley (LD)]

My Lords, does the Minister agree that there is a basic principle at stake here—namely, that a person in work on the living wage should be able to live reasonably close to where they work? Do the Government accept that principle?

[Lord Bourne of Aberystwyth]

My Lords, certainly it is right to say that people should be within easy reach of where they work. That informs our policy in relation to affordability. As the noble Lord will know, affordability in London is based on 65% of average property price; outside London the figure is 80%. I associate myself in general with what he says.

Local Government Finance Settlement

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Thursday 15th December 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

I think that is what the noble Lord said. I wrote it down. In fairness, he then went on to cite the use of the £240 million funds, so perhaps a careful reading of what was said will indicate that one of us is wrong. However, I think he did say that no provision was being made for adult social care. We have allocated £240 million in the next financial year, from savings from the new homes bonus, which is specifically to address what I acknowledge is a serious issue. That, together with the precept and the ability to reprofile the increase in the precept of 3% and 3% then 0%, recognises £900 million additional spending in the next two years. That is a significant amount for what is, admittedly, a serious issue.

I will home in on an area that the noble Lord quite fairly raised in relation to the business rate retention. As noble Lords are probably aware, there will be legislation on this in the new year. It will be introduced into the Commons first and will come subsequently to your Lordships’ House, so there will be more detail about how that will operate well ahead of it coming to us.

[Lord Shipley (LD)]

My Lords, I declare an interest in that I, too, am a vice-president of the Local Government Association. I found the settlement announcement today to be extremely worrying. I think it contains a major mistake in its use of council tax, which is a property tax—and an out-of-date property tax because it needs a number of higher bands. It is being used to make up for a failure by central government to fund adult social care adequately. Despite the extra tax that can be raised, it is still inadequate because there will still be a huge gap between income and expenditure in adult social care. Secondly, councils with a lower council tax base will get less money than councils with a higher council tax base. Thirdly, the settlement will end up leading to further cuts in other services, such as more library closures and reduced levels of service in universal services such as leisure centres that are enjoyed by many local people.

I accept that there was a consultation on the new homes bonus, but it is nevertheless a big worry to see so much money diverted from that to help to fund adult social care. Will the Minister agree to publish the modelling done by the department on the impact of that on individual authorities? I also point out to the Minister that there is no mention in the Statement of planning fees. There is an implicit criticism of local authorities for not building quickly enough, but the constraints on staffing being produced by cuts have meant that there are simply fewer planners in post. It would help enormously if the Government would permit there to be a variation in planning fees to allow local councils to appoint more planners to recoup that cost.

Finally, I associate myself with what was said about business rate devolution. I am in support of 100% business rate devolution, but I am deeply worried by the impact of that on those councils that cannot grow as fast as some others. That is why the fair funding review becomes so important, because we must not end up in a position in which there is full local control of budgets but actually the income for some councils is much lower than they need to run an average level of services that residents and businesses have a right to expect.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Shipley, for his contributions and will try to pick up on the points that he quite fairly made. First, in relation to the equity of the settlement, he will be aware—and perhaps I should clarify—that the £240 million fund available next year will be channelled to authorities in relation to need. I hope that that picks up the particular point he raised.

Planning fees are not mentioned in the Statement because its more laser-like focus is on other issues, but that is something that I hope will be covered in the housing White Paper that will be issued in the new year. Perhaps we can pick that up then.

I note the points made by the noble Lord on business rate devolution. They are quite fair, but I repeat that business rate devolution will be the subject of legislation next year which obviously will be considered in detail by both Houses.

On the fair funding review, I have indicated that the Government are very much committed to this. My right honourable friend the Secretary of State has said that he will report on the review in another place in the new year, and no doubt we will pick it up from there. It is an important part of getting this right, as is health and social care integration, which is key to the whole issue and is being driven forward by the Government.

I come back once again to what I think is a very important point. We want to ensure that the performance of the best-performing authorities across the political divide is picked up across the piece by all local authorities.

Affordable Housing

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Tuesday 29th November 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, as the Mayor of London, Sadiq Khan, said, this is,

“the largest sum of money ever secured by City Hall to deliver affordable housing”,

and no doubt he would have been more effusive if it had not been for political considerations. This is the largest affordable housing programme for 40 years, and social housing can bid into it too, as the noble Lord appreciates. This is all part of the programme of ensuring that we have 400,000 affordable homes in this Parliament.

[Lord Shipley (LD)]

My Lords, I am a vice-president of the Local Government Association and have long believed that local government’s capacity for building more homes for social rent should be encouraged. Last week, the Chancellor said:

“One person without a home is one too many”.

Do the Government accept that the main reason for people not having homes is the sheer cost of housing and that there is an urgent need for more social rented housing? Will the White Paper on housing supply due before Christmas empower local councils to get building?

[Lord Bourne of Aberystwyth]

My Lords, first, the White Paper will be a far-reaching one and will look at many issues. Self-build, for example, will be there, as will purpose-built—what we could call prefabs for the 21st century. This is, as I said, the most ambitious programme for affordable housing for 40 years. It is clear that we need to look at a range of tenures, as the noble Lord indicates, but of course social housing being subject to a greater subsidy means that if all the money is targeted at social housing, we would be building fewer affordable houses across the piece. There needs to be a balance. As I have indicated, it is for local authorities and housing associations to bid in for that money.

Housing and Planning Act 2016

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Thursday 24th November 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, many parts of the Housing and Planning Act are in force already—for example, on brownfield registers, speeding up the local and neighbourhood planning system, raising the performance of local planning authorities and so on. As my noble friend will know, we are looking at regulations on rogue landlords and so on that will come into force next year, partly in April and partly in October. If she wishes me to look at specific areas, I am certainly willing to meet her so perhaps she could get in touch about them.

[Lord Shipley (LD)]

My Lords, the Housing and Planning Act was largely about promoting owner occupation, yet during the passage of the Bill it was made repeatedly clear to the Government that there is an urgent need for more homes for social rent. Among the plethora of figures produced yesterday as part of the Autumn Statement, it is not clear how many homes for social rent the Government are now proposing. Can the Minister help us?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord has a valid point about the mixture of tenure, which we are certainly looking at, and the announcement yesterday contained proposals on that. We will of course proceed further with this in the housing White Paper, which will be out before Christmas. That will detail some plans and be open for consultation.

Directly Elected Mayors

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Monday 31st October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, first of all, I was aware of what happened in Lincolnshire. Of course it was not a definite, final decision: that will be taken only in the first two weeks of November. I have indicated that there have been deals without mayors—that was the case in Cornwall—but they were unambitious deals. It remains the case that, whether it is rural or urban, the most ambitious deals will have mayors.

[Lord Shipley (LD)]

My Lords, the Minister told us that this was a matter for grass-roots decisions and was not compulsory. Do the Government have a list of those powers that can be devolved with an elected mayor and a list of those powers that can be devolved where there is not an elected mayor; and will the Government publish those lists?

Devolution: North-east England

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Wednesday 12th October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, that was not part of my briefing so I will go back and ensure that my noble friend gets a detailed reply on it. I am afraid that I am blindsided on what, I am sure, is a key issue.

[Lord Shipley (LD)]

My Lords, I am grateful to the Minister for reminding the House that budget cuts, which were referred to by the noble Lord, Lord Beecham, affect all councils in all mayoral combined authorities, yet other such authorities are going ahead. Does the Minister agree that there has been a serious failure of collective political leadership by the Labour Party in the north-east, in rejecting the opportunities that devolution presents when other parts of England are going ahead and taking them?

Home Ownership

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Thursday 15th September 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, as I indicated, the decline in home ownership has been halted. In fact, there has in the last year been a slight increase in home ownership, though not statistically significant. I agree with my friend in the other place, Gavin Barwell, about the need for homes of all tenures. We are also focusing on helping to rent, as well as helping to buy. Certainly, one thing we are very much focused on is council house building, where our record stands comparison with the Labour Party’s.

[Lord Shipley (LD)]

My Lords, the Economic Affairs Committee’s report in July on housing said:

“The Government’s target of one million new homes by 2020 is not based on a robust analysis”,

and “will not be enough”. The Government turned their target into a commitment to build 1 million new homes by 2020 in the Queen’s Speech, yet last month Shelter reported they would fall short of that commitment by 250,000 homes. What action are the Government planning to ensure that they fulfil their commitment and produce a total housebuilding programme that is fit for purpose?

[Lord Bourne of Aberystwyth]

My Lords, perhaps the most significant feature of the housebuilding situation is the budget commitment. We have increased the budget for housing for this Parliament. In fact, we have doubled it to £20 billion, £8 billion of which will help to deliver 400,000 affordable housing starts.

Troubled Families Programme

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Monday 12th September 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, one aspect that has been important in the second phase of the programme is that spot checks are made by people who go into local authorities to make sure that it is happening. The other very important factor that has been taken on board is that we started assessing and monitoring the programme from day one, rather than waiting until the end of the programme. Those are two of the lessons learned; we have also widened the criteria, which is very important.

[Lord Shipley (LD)]

My Lords, the Minister said that he could not comment on a leaked report, but I wonder whether the Government plan to publish that report. Will he confirm when that will be and whether it will be published in full?

[Lord Bourne of Aberystwyth]

My Lords, successive Governments have not commented on leaked reports, so that is indeed the position. We are working on the report, which we will publish as soon as possible. As I have said, there have been many successes. All local authorities have embraced this. We have families with children back in school. We have tackled joblessness. We have spent money on ensuring that all these issues are dealt with effectively. That is why—with broad support, I think—we have taken it forward to a second phase, with wider criteria.

Planning: Brownfield Sites

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Thursday 21st July 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, a significant number of brownfield sites have already been assigned. Perhaps when we talk about brownfield sites there is an expectation that they will have seen heavy industrial usage. That may not be the case; it may simply be land that has been previously developed. That said, there are measures—not least land remediation relief from the Treasury—that will help where decontamination is an issue.

[Lord Shipley (LD)]

My Lords, last week the Economic Affairs Committee of your Lordships’ House produced a report entitled Building More Homes. One of its recommendations was:

“A senior Cabinet minister must be given overall responsibility for identifying and coordinating the release of public land for housing”.

Much of that public land is of course brownfield land. Does the Minister agree that that is a very wise recommendation?

[Lord Bourne of Aberystwyth]

My Lords, as the noble Lord will know, that report was received just over 10 days ago. The Government will take time to look at it and will then respond. It is clear that we need to address many of these issues. The noble Lord will know that a lot of public land is already being used for housing. I think I mentioned earlier this week that we have land in Dover, Chichester, Gosport and north of Cambridge, and there is more coming forward that will contribute to alleviating the housing situation. Much, although not all, of that land is on brownfield sites.

Housebuilding: Target

Debate between Lord Shipley and Lord Bourne of Aberystwyth

Tuesday 19th July 2016 Lords Chamber

[Lord Shipley]

To ask Her Majesty’s Government what assessment they have made of their ability to achieve their target of one million new homes by 2020.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and the Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, demand for new homes remains high, as does our commitment to deliver 1 million more homes by 2020, supported by the housebuilding sector and the reforms that we have made and are making to the planning system.

[Lord Shipley (LD)]

My Lords, I am glad the Minister has reminded the House that there was a commitment in the Queen’s Speech to build 1 million new homes by 2020. I remind him that in the first year of that, well under 200,000 homes were built and the new homebuilding market seems to have stalled. In view of that, is it not time for the Government to intervene and build more social homes for rent?

[Lord Bourne of Aberystwyth]

My Lords, the number of new homes built since the beginning of the Parliament is 171,000, which is higher than the previous year. The noble Lord is right that it was under 200,000, but it is more than the average for the previous 2005-10 Parliament. Obviously we are following the situation closely and monitoring progress. My right honourable friend the Secretary of State is meeting housebuilders today to discuss the position. I reassure the House that a record number of planning permissions—265,000 to March 2016—was given in the last year.