Neighbourhood Planning Bill

Lord Stunell Excerpts

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

Moved by

[Lord Stunell]

18: Clause 13, page 14, line 5, at end insert—
“(2A) No regulations shall be made under subsection (1) that would have the effect of preventing a local planning authority from requiring a condition that would otherwise be in conformity with the national planning policy framework.”

[Lord Stunell (LD)]

My Lords, in moving Amendments 18 in my name and that of my noble friend Lady Parminter, I will also speak to Amendment 25.

The whole of Clause 13 is somewhat out of place in the Bill. For the most part, the critics of the Bill, such as they have been, have looked at where it either goes slightly too far or does not go quite far enough. This clause does something completely different, which is entirely out of the context of the rest of the Bill. It has a very strong power for the Secretary of State to interfere with, change, direct or—as it puts it—“regulate” the kind of planning conditions local planning authorities can use.

New subsections (1) and (2) particularly do that. In Committee, the Government introduced a number of amendments, which were welcome but which essentially introduced the word “relevant” before a number of phrases, which might, in any case, have been superfluous and certainly did not affect the application of new subsections (1) and (2). In Committee, I asked the Minister to set out the Government’s intentions with Clause 13 as a whole and its two separate contexts. The first is a general capacity for the Secretary of State to introduce additional regulations on local planning authorities for every stage of the planning condition process. Within that, there is a subsection dealing with pre-commencement conditions. Amendment 18 deals with the generality and Amendment 25 with the specific case of the pre-commencement conditions.

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Furthermore, the amendment as drafted suggests that the local planning authority should be able to impose conditions which fail to meet the policy tests in the framework provided that they have the written agreement of the applicant. Of course, under no circumstances do we expect conditions to be imposed which do not pass these tests and conform to national policy. Based on those arguments, and despite the flattery deployed by the noble Lord, I invite him to withdraw his amendment.

[Lord Stunell]

I thank the Minister and noble Lords who have contributed to the debate. I thank particularly my noble friend Lady Parminter, who spoke strongly in support of the amendment, and the noble Baronesses, Lady Cumberlege, Lady Andrews and Lady Young, about whom I need to be careful that I get my designation right. I was delighted—it was certainly a first—to receive the blessing of the most reverend Primate the Archbishop of York for the amendment.

The noble Baroness, Lady Andrews, challenged the Minister to, in essence, say whether the NPPF is a yes or a no. I think I heard him say that it is a yes because subsection (2) is taken from the NPPF and therefore that is all we need. The noble Lord, Lord Lansley, referred to inexperienced planning officers—in an earlier debate we could have referred to inexperienced planning inspectors, but I am sure we would have been described as out of order—but the professionals provide professional support to those taking the decisions in local planning authorities, and the local planning authorities are entitled to take the professional advice they receive and to use their judgment.

It would be helpful for members of local authority planning committees to have in front of them legislation which states what the Government want. If the Government want a restriction on local planning authorities—or, if you like, a strong reminder to local planning authorities that they cannot go beyond the boundaries of the NPPF—then why not say so and enable the legislation to be used effectively? If many outside organisations and many Members of this House can fundamentally misunderstand the intention of the Government because of the language in the Bill as it stands, is it any wonder that a number of councillors sitting on planning authorities all over the country have exactly the same problem? We know that they become frightened when uncertainty comes into the system, and the planning regime is so draconian and difficult for LPAs at the moment that they are exceptionally cautious.

Something that clearly references the NPPF, with which they are familiar, as the touchstone for their decision-making is surely preferable to something as circular and difficult to understand as the language the Minister has put in front of us—or, perhaps I should say, as his explanation has sought to transpose into a more benign meaning than many of us believe it has.

The noble Lord, Lord Lansley, referred to the pre-commencement provision in subsection (5). I draw his attention to what it actually states:

“Planning permission … may not be granted subject to a pre-commencement condition without the written agreement of the applicant”.


It is not about consultation with the applicant—rather, it provides that a condition cannot be imposed,

“without the written agreement of the applicant”.

So the applicant has the whip hand and is the person who quite reasonably does not want burdensome conditions. But is the judgment of what is burdensome to be left in the hands of the applicant or should it not rather be in the hands of the NPPF? Amendment 25 would make it so that the decision-making is limited by the NPPF and not by the preference of the applicant who may or may not have benign intentions and a deep-seated sense of civic pride and social obligation.

The problem that the noble Lord, Lord Lansley, identified is that pre-commencement conditions lead to delays in issuing decisions because of delays in drafting. I am certainly not going to say that there are never delays in drafting but it is not clear to me that pre-commencement conditions are a major contributor. However, if that is so, the solution has to be feeding through the results of the Government’s decision to allow planning authorities to put extra resources into the planning service so that the delays can be overcome. There is no point in using primary legislation that overturns a fundamental approach to planning as a solution to delays in drafting conditions. That really is entirely disproportionate.

I turn now to the Minister’s response. He was good enough to say that he would provide more guidance but no zingers. I understand that he has done his best with the brief that he has got, and as he reminded me, his brief is probably not quite as elegant and substantial as he would like; I know that feeling. However, having heard the debate and given the breadth of support across the Chamber, I wish to test the opinion of the House.