Town and Village Plans

Lord Soames of Fletching Excerpts

Tuesday 30th January 2018 Westminster Hall

[George Freeman]

I could not agree more with my hon. Friend. We should look at the lessons from those garden towns. Many years ago, I fought the constituency of Stevenage—as colleagues know, it fought back—but Letchworth, the first garden town, is still regarded in that part of the world as a great tribute to proper planning. It is a place of great pride for the people who live in and around it. That is unusual for new developments, so there are real lessons to be learned.

I know the Government are supportive of this model of new town development and of garden village development, but the problem is that it is not happening. Seven years after we passed the Localism Act, when I say “localism” in Mid Norfolk I am greeted with groans and occasionally with jeers—although my constituents are very well-behaved and extremely polite. There was the promise of localism, where we said to people, “You will be empowered. The community will be able to plan. We will support your plans and back you.” But people are seeing their plans ignored.

I want to mention Swanton Morley as a case study. Swanton Morley is the home of the Queen’s Dragoon Guards, and formerly of the Light Dragoons. It has an old RAF base. It is one of my small market towns with a 2,000-odd population, and it has put together a magnificent plan. I want to pay tribute to Roger Atterwill, the chair of the parish council, and Faye, his assistant, who have worked assiduously on the plan over the past two or three years. It is a model of local planning. There were village hall meetings, consultations, surveys—real engagement—and they have produced a real vision for the future of the village.

But unfortunately, on examination, the examiner appointed by the district council struck out all of their sensible, local conditions, such as that there should be an allocation of houses for people who come from the Swanton Morley area and around the percentage of affordable housing, all of which were provided for in the spirit of the Localism Act and in legislation. One cannot help but see that they were struck out because the main planning authority, Breckland Council, has both hands tied behind its back. It is up against the wall with a five-year land supply and it has no leg to stand on: it is terrified of being taken to court by big out-of-town developers.

I want to make it clear that I am not having a go at all developers. There are some magnificent developers in this country and in Norfolk. I would cite Tony Abel, for example. Abel Homes is a really good local business, building high-quality local developments. However, when it comes to the likes of Gladman, which has come into our patch, we never meet the people behind the developments.

[Sir Nicholas Soames (Mid Sussex) (Con)]

I entirely agree with my hon. Friend’s point, which he is making so well. In my constituency, the local builders are immaculately behaved, do a very good job and try very hard. But some of the big builders’ behaviour is frankly atrocious. They game the system, cheat the people who they are meant to be working for and bully the district council. Their behaviour is often absolutely reprehensible.

[George Freeman]

I am grateful to my venerable and right hon. Friend for putting that so robustly. I would not be here if I did not share that view. We all understand that we need houses built, and we all know that we need developers to do it, but there is a contract. When we provide developers with the powers and the balance of probability on the sustainable development framework, and we say that there is a presumption in favour of sustainable development, we mean sustainable development. We do not mean that as an excuse for them to dump a housing estate on our villages and towns and then sugar off. They have an obligation, as local builders and local landowners understand.

For that reason, I recently called a rural housing summit with Hastoe Housing Association—I see the Minister nodding—which is a leading, if not the leading, rural housing specialist. All around the country it has put together schemes with the support of local communities. It is doing more than anyone in rural housing to defeat nimbyism, because the quality of its developments is so high. At this rural housing summit we showcased best practice from all round the country: people putting together affordable housing schemes, shared equity schemes, covenanted land, parish councils. There is a wonderful cornucopia of good rural housing models, but we are not seeing it in Norfolk because our councils have both hands tied behind their backs.

When I say to my councillors, “Why aren’t you using the design codes that we gave you? Why aren’t you using the powers that we have given you in these Acts?” the answer comes back, “We are desperate to get our five-year land supply in order. We are terrified of legal challenge. We are trying to keep our council tax down. We are bearing the brunt of very necessary public spending constraints, and frankly every penny we make goes back into the deficit.” Our councils have their hands tied behind their backs, and are therefore unable to implement the spirit of the Localism Act.

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[Sir Nicholas Soames (Mid Sussex) (Con)]

Unlike my right hon. Friend the Member for East Devon (Sir Hugo Swire), I am not in the least bit surprised about the Minister’s trajectory. I know that he will be paying careful attention to what is said today. I congratulate my hon. Friend the Member for Mid Norfolk (George Freeman) on his speech and I agree with every word. Indeed, I agree with all my hon. Friends. I will make four brief points.

First, I endorse what my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) said. Neighbourhood plans will produce more houses by consent than anyone believes is possible, hence the importance of sticking to the system.

Secondly, the integrity of the system is vital. Local people spend hundreds and hundreds of hours of their own free will making a great effort to produce these plans, and it is vital that they are honoured. I am encouraged by the point made by my hon. Friend the Member for Henley (John Howell) that the national planning policy framework needs to be strengthened. I would welcome that.

Thirdly, I say again—it cannot be said too often—that the behaviour of some major developers is appalling. It traduces our constituents and our constituencies, our elected councillors and our district councils. It is the kind of behaviour up with which the Government should not put.

Finally, if people are prepared to spend all that time and effort on producing something very important to them, those efforts should be respected in all honour. My right hon. Friend the Member for Arundel and South Downs and I have difficulties in that regard, but as he said, it is important that those efforts are honoured and that the Government play a straight bat with local communities.

[Mr Philip Hollobone (in the Chair)]

There are five minutes for the Scottish National party spokesperson and five minutes for the official Opposition spokesperson.

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[Dominic Raab]

My right hon. Friend makes a powerful point, and he is tempting me to muddy the waters of this debate in a typically mischievous way. I will accept that if we argue for the principle of democracy through a referendum and say that the result of the referendum needs to be delivered, and we then put in place a system of local referendums—often, people care even more about the issues in such referendums than they do about those in national referendums, because the issues relate to people’s local environment or their quality of life—it is important to make sure that they are respected.

We endeavour to continue to make the neighbourhood planning process stronger and simpler, to ensure that it is attractive to even more communities. This week, for example, we are implementing powers in the Neighbourhood Planning Act 2017. Those reforms make it easier for communities to keep their neighbourhood plans up to date as local circumstances change—they will change from time to time—and ensure that neighbourhood planning groups are made aware of local planning applications.

Other important reforms set out in the Act came into force last July. Those reforms require decision takers to respect neighbourhood plans earlier in the process, following a successful referendum. There will be further reforms this July, requiring local authorities to set out their policies on supporting neighbourhood planning groups.

I take this opportunity to welcome another neighbourhood planning success. The 500th successful neighbourhood planning referendum has just taken place; they are clearly catching on, notwithstanding the point that the hon. Member for Stroud made. That is quite an important milestone, which was reached by communities in Leeds, Suffolk and Lincolnshire. Those three communities are very different from each other, to touch on the point that the shadow Minister, the hon. Member for City of Durham (Dr Blackman-Woods), made. However, they all went to the polls on the same day, and between them they allocated land for employment, homes and local green spaces; those things can come together. Those plans are now the starting point for determining planning decisions.

Our planning policy is clear that where a planning application conflicts with a neighbourhood plan that has been brought into force, planning permission should not normally be granted. However, we recognised in 2016 that, in some cases, neighbourhood plans were being undermined because the local planning authority could not demonstrate a five-year land supply of deliverable housing sites, which is one of the key issues. That meant that even recently adopted neighbourhood planning policies were not being given enough weight in determining planning applications. I know that that is the crux of the experience of my hon. Friend the Member for Mid Norfolk, and the point that he wanted to make in this debate.

Communities who had worked hard to put their neighbourhood plan in place were left frustrated as decisions went against the plan, despite their having done everything that was asked of them. As hon. Members have argued, that can only undermine confidence in the referendum process and the localism agenda. Seeking to remedy that, we issued a written ministerial statement in December 2016 to ensure that national planning policy provided additional protection to precisely those communities. The change that was made protects neighbourhood plans that are less than two years old and that allocate sites for housing, as long as the local planning authority has more than three years’ supply of deliverable housing sites.

We will take forward that protection in the updated national planning policy framework, which will be published for consultation before Easter—I think there was a question earlier about its publication. I suspect that that will be the beginning of the dialogue and the debate, not the end of them.

The national planning policy framework will be amended to give local authorities the opportunity to have their housing land supply agreed on an annual basis, and fixed for a one-year period. I hope that that gives some reassurance. Through these new policies, alongside the tough action to get local plans in place, we hope to ensure that we get the right homes in the right places. That is the delicate line that we seek to tread here.

I should just say a few words about neighbourhood plan examinations, because of the significant legal weight afforded to neighbourhood plans. The plans need to be carefully examined in a fair and transparent way. If we had longer today, I would go into the matter in more detail. Effectively, the examinations are the check that, once passed, allows the referendum to proceed, which gives real force to the localism agenda in this sector.

I am conscious of the time that I must give my hon. Friend the Member for Mid Norfolk to allow him to wind up this debate. I appreciate that important issues have been raised today, whether they are in rural, urban or suburban constituencies, and I understand how deeply felt are the concerns about them. We will continue to protect neighbourhood plans in national policy, and decision takers—whether that is the local authority, the planning inspector or the Secretary of State himself—must respect that national policy.

[Sir Nicholas Soames]

Will my hon. Friend give way on that point before he sits down?

[Dominic Raab]

I am conscious that I have only eight seconds left and I really ought to give my hon. Friend the Member for Mid Norfolk the opportunity to wind up the debate, but I will give way briefly to my right hon. Friend.

[Sir Nicholas Soames]

Have the Government considered, or are they considering, limiting the amount of time for which builders can hold on to land before building on it?

[Dominic Raab]

As a new Minister, lots of helpful suggestions come my way. That is something that we will consider, in the context of both the Letwin review and some of the interesting policy submissions that have already been put to me. I undertake to have a look at that point.