Parliamentary Democracy and Standards in Public Life
Lord Stunell Excerpts(10 months, 2 weeks ago)
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Lord Stunell (LD)
My Lords, it is a privilege to take part in this debate and to follow the noble Lord, Lord Pickles, and his excellent words about ACOBA. I was a member of the Committee on Standards in Public Life when it published its reports Standards Matter 2 and Upholding Standards in Public Life, and I strongly commend all their recommendations to noble Lords for implementation.
Of the latter report’s 34 recommendations, the Government at the time accepted 14, partially met 10 and rejected 10. When you look at the detail, you can see that the Government accepted all the recommendations that would restrict other persons or bodies from crossing ethical red lines, rejected all those that would limit their own scope to transgress ethical boundaries and kicked into the long grass any idea of embedding any of the existing ethical guidance mechanisms into primary legislation. It is easy to be cynical about the motivation of that, but I want to be constructive and look forward to how we can genuinely improve the current ethical framework, which is far too dependent on the integrity of those it is intended to restrain who, in the past, have all too often finished by being judge and jury in their own cases.
The committee’s other report, Standards Matter 2, reinforced the urgency of safeguarding all ethics regulators from interference in both their initial appointment and their scope and power when operating. That report was triggered by the fiasco of the treatment of the Independent Adviser on Ministers’ Interests by the Government of the day, and it set out the overwhelming case for embedding our ethical guidance framework in legislation and for the appointment process of ethical regulators themselves to be properly insulated from malign political veto.
The very disappointing government response to those reports came several Prime Ministers ago. Today, we have had multiple public resets of government, and I hope that the Leader of the House, in replying, will take the opportunity to give a more rounded response than was given then and to give noble Lords a strong signal that this Government accept that further reform is now urgently necessary.
When the political wheel turns and today’s Government become tomorrow’s Opposition, I predict that they will, in any case, be rapidly converted to the importance of having a statutorily embedded ethical system in our public life—when they are no longer in charge of running it. In short, it is in the interests of all parties for each Front Bench to declare today that they now heartily endorse the CSPL’s package of reforms and will set out a plan to deliver them. I look forward to hearing it in the winding-up speeches.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsMonday 23rd October 2023
(1 year, 1 month ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 175-I Marshalled list for Consideration of Commons Amendments and Reasons - (20 Oct 2023)
Lord Stunell
Leave out from “House” to end and insert “do disagree with the Commons in their Amendment 231A and do propose Amendment 231B to Lords Amendment 231—
Lord Stunell (LD)
My Lords, I thank the noble Earl, Lord Howe, for his kind words and for the time that he devoted to this particular aspect of a very long and complex Bill. Nevertheless, it is regrettable that he has not yet seen his way to accept the sensible and reasonable amendment that noble Lords sent back to the Commons on Report. Its purpose was to safeguard the rigorous safeguards built into the Building Safety Act 2022, which this House was united in supporting and which was designed to establish a robust regulatory regime that would ensure there was never another Grenfell Tower disaster. Less than 12 months later, and before the new regulatory regime even comes fully into force, the Government are giving themselves and their successors sweeping powers to rip it up—save only for a very flimsy affirmative Motion on a statutory instrument as a defence.
The modest amendment your Lordships sent to the Commons simply required the Government to accept that, if they wanted to change the fundamental structure and mechanics of delivery of the building safety regime, that must be justified to and approved by Parliament. The Government’s response, which the noble Earl has just repeated, is that they do not want to change the fundamental structure and delivery of the building safety regime. All they want to do is take it away from the Health and Safety Executive, lock, stock and barrel, with no changes at all, except in the nameplate and the branding. If that is true, the amendment before your Lordships today is exactly in line with their intentions.
Motion X1 picks up the point the noble Earl made about the original amendment to the Commons—that it was flawed because the wording would obstruct the transfer of the statutory committees from the HSE to the new, completely unspecified and unknown safety regulator. The revised wording in Motion X1 therefore makes it clear on the face of the Bill that it will be lawful to make that transfer. This amendment is designed simply to avoid changes in how the new regulator is structured and organised and to prevent changes to the tasks that are entrusted to it and the statutory committees that underpin its work. The amendment, if agreed, would ensure that the Government’s replacement regulator retains those duties and timescales: for instance, to review the regulations relating to electrical fire safety, the safety of staircases and ramps, safe escape routes for people with mobility issues and fire suppression systems such as sprinklers.
There is other detail, but in the interests of time I will simply say that the original arrangement in the Building Safety Act was that those committees and tasks could be changed only by the Secretary of State if he or she received a proposal from the regulator to put into place. That was because it was seen as very important that the regulatory regime should never again be captured, as it had been in the past, by departments and Ministers taking short-term political decisions, and that the regulator would always be able to independently assess needs to improve safety and then make recommendations in public to Ministers for them to decide on action.
The noble Earl has offered us a sincere undertaking that, at least for the time being, nothing will change; that Ministers will not be tempted to steer away from making essential safety improvements that they deem politically difficult or a bit too costly; and that they will faithfully press ahead without delay when those fire safety reports come in, however revealing and unwelcome they prove to be. Of course the noble Earl is absolutely sincere, but I say to him that Ministers and Secretaries of State come and go, and the sincerest of undertakings can be withdrawn when the facts are said to have changed. The accountability given by an affirmative resolution is tenuous.
I urge the Minister to retain the progress made during the enactment of the Building Safety Act by safeguarding those statutory committees, reinforcing the obligation for those long-awaited safety studies and making sure that the three-year timescale is retained. The way to do that is for him to say that, on mature consideration, he will accept Motion X1. I beg to move.
Lord Young of Cookham (Con)
My Lords, I will speak to Motion ZC1 in my name. I pay a heartfelt tribute to my noble friend for the real progress that has been made since we last discussed this matter in helping qualifying leaseholders who extended their lease after the Building Safety Act came into effect. In a nutshell, the Act extended protection to qualifying leaseholders against the costs of remediation. However, inadvertently, it said that, if you renewed your lease after it came into effect, you lost that protection.
The Government recognised that there had indeed been a mistake and, on Report, I moved what is now Amendment 243, which would retrospectively have put the leaseholders who extended their lease back within the protection of the BSA. At the time, before the Bill went back to the other place, my noble friend resisted my amendments and said that the issues require
“very careful legal dissection and working through, and that is what we are doing”.
When I summed up, I said:
“In a nutshell, the Government made a mistake when they drafted the Building Safety Act. Unwittingly, they have removed the protection that some leaseholders were entitled to. They have known for months that there has been this defect, and I do not accept that the defect is so complex that it cannot now be put right. That is what my amendment does. I seek leave to test the opinion of the House”.—[Official Report, 18/9/23; cols. 1248-95.]
I do not know what my noble friend said to the department when he got back, but what had previously been impossible to do within the context of the Bill suddenly became possible. I am grateful to my noble friend for tabling Amendments 288A, 288B, 288C and 288D, which, in effect, do what I asked the Government to do last time. As I said, I am grateful to my noble friend for the pressure that he put on the parliamentary draftsmen to correct an injustice that had unwittingly been perpetrated.
Against that background, it might seem churlish of me to have tabled Motion ZC1, but there remains a problem: leaseholders who extended their leases, and therefore lost the protection of the BSA, will have received invoices and bills for payment, and some may have made payments. As drafted, the government amendments do not entitle those qualifying leaseholders to a refund. I am grateful for the Public Bill Office’s help in drafting my Motion ZC1—I hope that will inject a note of caution into any remarks that the amendments are imperfectly drafted. The Motion seeks to say that, in those circumstances where a qualifying leaseholder has already paid the remediation costs, but need not have, they are entitled to a refund.
Under the Government’s amendment, there is a provision whereby the Government have powers, under regulations, to make certain provisions. I want my noble friend to answer a question that was put twice in the other place. The Opposition spokesman on housing, Mr Pennycook, said:
“we welcome the concession that has been made, albeit with one proviso: Ministers must take steps to ensure that leaseholders who paid service charges over the past 15 months in the belief that they were not eligible for the leaseholder protections under the Act, because of the Government’s mistake, are reimbursed. Those individuals should not suffer financially as a result of a drafting error that should not have been allowed to occur in the first place. If the Minister—I hope she is listening to this point—can provide us with some reassurance on that point, we will happily accept the Government’s amendment in lieu”.—[Official Report, Commons, 17/10/23; col. 199.]
My honourable friend the Father of the House, Sir Peter Bottomley, made the same point.
In winding up, Rachel Maclean was under tremendous time pressure because of the timetable Motion in the other place, and she was not able to answer either of those two questions. So if my noble friend is unable to accept my amendment, as he implied, I ask him for an assurance on the provisions of his amendment, which enable certain regulations to be made in proposed new subsection (11):
“The provision that may be made in regulations under this section includes … provision which amends this section; … provision which has retrospective effect”.
Can he assure me that, if a leaseholder has paid a bill and need not have, my noble friend will use the powers under his own amendment retrospectively to entitle that leaseholder to a refund? That is the import of my amendment, which I do not wish to press to a Division—but I hope that, in return, my noble friend will be able to give me that reassurance.
My noble friend’s Motion ZC knocks out a whole range of amendments that were passed without a Division in this House and that extended protection to non-qualifying leaseholders. These are basically leaseholders living in buildings under 11 metres; enfranchised leaseholders, who are counted as freeholders for the Act; and those who own more than three properties in buy-to-let investments. There are real problems: people in buildings under 11 metres get no protection at all, cannot get a mortgage and cannot sell. They have to pay the cost of remediation, because that is the only way that the building can get insured. They face exactly the same problems as people in buildings over 11 metres, but they get no protection at all. There are also leaseholders who, following government advice, enfranchised and became freeholders. Despite assurances I was given by the then Minister that they would be treated as leaseholders, the Bill treats them as freeholders and denies them the protection extended to leaseholders.
There is also the problem of those who have buy-to-let properties. A person who owns a £1 million property and other properties overseas is protected, but someone who owns three properties worth £100,000 each gets no protection at all. People who jointly own a property with their husband are counted as wholly owning. There is a whole range of outstanding issues from the Building Safety Act that I understand cannot be addressed in the Bill, but, again, I hope that my noble friend is able to say that, in the proposed leasehold reform Act, it will be open to the Government to reopen these unresolved problems in the BSA and that legislation will be proposed to address at least some of the issues arising from the BSA that I have outlined and that I believe remain unsolved.
In conclusion, I thank my noble friend again for his efforts in response to my original Amendment 243, but I hope he can give me the assurances I seek for leaseholders who have paid bills that they need not have.
Lord Stunell (LD)
My Lords, I thank the Minister for his response. I heard his reassurances and I understand his good intentions. I believe that this is a fundamental mistake, but I understand that it is necessary to make progress this evening. I hope that we will not live to regret this. I have to say that there will be some bad actors in the construction industry who will be only too grateful for the moves that the Government are making. I hope that the Government and the regulator will stay alert to the activities of such bad actors and ensure they do not exploit the gaps which are now opening up. With that said, I beg leave to withdraw my Motion.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsThursday 21st September 2023
(1 year, 2 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 173-I Marshalled list for Third Reading - (20 Sep 2023)
The Lord Bishop of Chichester
My Lords, I apologise for my misplaced enthusiasm in wanting to add to these thanks. I shall speak briefly on behalf of my right reverend friend the Bishop of Bristol to record her thanks to the noble Baroness, Lady Scott of Bybrook, for all the constructive work that is represented in the Bill and to assure the noble Baroness of our continued prayers for her recovery.
In particular, my right reverend friend wanted to note the widespread welcome for clarification on the question of local authorities being permitted to offer financial support to church buildings, including parish churches. I know that the Catholic Bishops’ Conference of England and Wales and the Methodist Church, which backed an amendment on this topic tabled by my right reverend friend, are also grateful that this grey area in the law has been taken up by the Government. It has been heartening to have the cross-party support of the noble Lords, Lord Cormack and Lord Best, especially, and of the noble Baroness, Lady Andrews, for this measure.
Local communities need physical, warm and safe space for many forms of social activities that build community and social cohesion. Worship is just one more example of this, and that in itself prompts the use of church buildings for wider purposes. The clarification of financial support for this from local authorities is helpful to us in England. However, I note that the issue of similar clarification remains of acute concern to churches in Wales, and I hope that the Minister will encourage His Majesty’s Government to bring the matter to the attention of the Welsh Government, with a view to bringing forward an equivalent legislative amendment as soon as possible.
Lord Stunell (LD)
My Lords, I am happy to take part in this debate simply because it is the last debate on the Bill in this House, at least until after the Conference Recess: we have had 16 days in Committee, eight days on Report and more than 1,000 amendments, skilfully disguised by the suffixes of letters. The noble Earl himself mentioned Amendment 247YYA as an example of how we have these invisible numbers. The Government have of course been a big contributor to the number of amendments, including 55 today. I do not object to those 55; they are a very sensible step forward to improve the Bill even further. Even so, I do not know if it is a record but the Government had, I think, four separate amendments to the Long Title of the Bill, which perhaps emphasises the point that the noble Lord, Lord Young of Cookham, made about the process.
Whatever our criticisms of the Bill, though, it leaves this House much better than it arrived, and I want to thank a wide range of people for helping that to be the case, not least the ministerial team. I add my thanks to the noble Baroness, Lady Scott of Bybrook, for her work in leading the ministerial team, and to the noble Earl and some other Ministers who stepped in at short notice, including the noble Baroness, Lady Swinburne, just last week. In my contact with the officials in the department, they were always polite, considerate and helpful. Catherine Canning last week was a very good and able representative of the Minister’s point of view in our discussions. So, whatever the criticisms of the Bill and the form in which it is now, I just say to the noble Earl that I hope that the ministerial team will work with their colleagues in the subsequent write-rounds and encourage them to the maximum extent possible to accept all of your Lordships’ valuable amendments in the other place, so that they can reduce the amount of ping-pong to the absolute minimum and we can keep the famous table tennis ball on the other side of the net.
I do not want to omit from my thanks the work there has been co-operatively between noble Lords in the Labour Party and ourselves, but also with our Cross-Bench friends and indeed with some of our friends on the Conservative Benches as well. Collectively, we have shown that it is possible to scrutinise thoroughly, to improve legislation and to produce an outcome that we can take some pride in—perhaps muted pride in some parts but, nevertheless, it is a step forward.
Behind the scenes, in our case I have the amazing and redoubtable Sarah Pughe, who has done a fantastic job supporting colleagues here in the Chamber with her drafting skills and her knowledge of parliamentary procedures. So, the Bill goes back to the Commons. I hope that when it comes back to us, it will be as near as possible the same document that we are sending to them.
The Earl of Lytton (CB)
My Lords, as it is not customary for anyone on these Benches to speak on their behalf, I just add thanks on my own behalf, which I hope will be shared by colleagues, to the Minister, particularly for his appreciation of the contribution made from these Benches. Of course, I send my best wishes to the noble Baroness, Lady Scott of Bybrook. Her courtesy throughout has been outstanding and her tenacity to be admired, and I add my best wishes for her restoration to good health as soon as possible. I add my thanks to the Bill team, even if we did not agree on quite a number of points, and to our clerks. I particularly thank the noble Earl’s colleague, the noble Lord, Lord Parkinson of Whitley Bay, for the way in which he responded to the question of building preservation notices, to the CLA, of which I am a member, and Historic Houses for their valuable input on that.
On the other matter of interest to me, namely building safety remediation, I am of course sorry that I could not persuade the Government or your Lordships to support a different way forward, but I owe a tremendous debt of gratitude to people outside—they know who they are and I will not mention them by name, but they have dedicated their time free and without any benefit to themselves to assist me with their comments and their critique. I also thank the many other experts, and professional and trade bodies, who were willing to share their thoughts with me.
I particularly express thanks to Amanda Walker, a leaseholder, for her courage in coming forward with her story, and the hundreds of other leaseholders who wrote to me with theirs. I thank Jake Fisher for his online petition, which gained 50,000 signatures in 25 days. My focus throughout has been on them and getting fair treatment for affected leaseholders generally, even if my approach has not always been fully understood or appreciated. I do not intend to give up trying.
Finally, I am most grateful for the support across the House for the general principle sitting behind the fact that we all, I think, believe that leaseholders should not pay for construction defects for which they are blameless. There is clearly a lot more work to be done, but I am enormously grateful for the general acceptance across the House of that principle.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsMonday 18th September 2023
(1 year, 2 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 142-VIII(a) Amendment for Report (Supplementary to the Eighth Marshalled List) - (15 Sep 2023)
Lord Stunell (LD)
My Lords, I first need to declare that I am shortly going to become a vice-president of the Local Government Association. I hope that will not distort my judgment too much. I welcome what the noble Baroness, Lady Swinburne, said on behalf of the noble Baroness, Lady Scott of Bybrook. I wish the noble Baroness, Lady Scott, a speedy recovery. I thank her and her officials for the help they gave in discussions over the last week or so.
I welcome the Government’s amendments, but my welcome is muted. They cut back on the overreach of ministerial powers which was so endemic in the original proposition, but they do nothing to remedy the serious problems that remain with the provisions as they are at the moment. That is why the three amendments in my name have been tabled and are up for consideration in this group.
The first serious problem is the impact this new legislation will have on the work of the Health and Safety Executive in bringing into force the new regime established only 12 months ago by the Building Safety Act 2022, which we are in the process of amending. That Act mandates the Health and Safety Executive to conduct the biggest shake-up of building safety in my lifetime, and the HSE has made a huge investment in new procedures, training and staffing to make the high-rise construction sector safe for the future. Indeed, the noble Baroness, Lady Swinburne, referenced that. The main features of that building safety regime go live next month and, as she quite rightly said, are being introduced over the course of the next 12 or 15 months. It has not been an easy job and it has needed the full weight and heft of the Health and Safety Executive to ensure that progress was maintained and will be delivered on time—or almost on time; it has been delayed even so.
The Minister’s explanation of the Government’s policy intentions, which is basically business as usual, just not with HSE, rather undermines the case for taking action now. It seems, from what she said and from what the noble Baroness, Lady Scott, said in her briefing to me last week, that it really is the case that we are not going to change the reach, functions or structure of the regulator. If nothing can be added or subtracted without more primary legislation being enacted that is not in this legislation, what exactly are we trying to achieve by doing this? Is it just a change of brand name? That is what it seems to come down to. The HSE is much more than a trusted brand. It is a much-feared enforcer in the construction industry. It can prosecute firms and send bosses to prison. When the HSE says jump, they jump.
It seems a strange moment for the Government to recommend to the House that it gives Whitehall the power to rebadge the regulator but say not to worry as everything else is being left unchanged. If you cast doubt on the continuing role and viability of the Health and Safety Executive when it comes to standards and enforcements, you will give the laggards of the construction industry the toehold they are looking for. They were lobbying for a slowdown before, and we can see what it will be like once the HSE is taken out of the equation.
This proposal poses a real risk to the smooth and effective start-up to the vital new buildings safety regime, despite the assurances the noble Baroness gave a few moments ago. It will give a foothold for the naysayers and, dare I say it, the big donors to begin their fightback against the regulation and enforcement of this new regime.
The second big problem is that it appears the Minister still has no idea what would replace the Health and Safety Executive. This legislation invites us to change horses in midstream, but there is no second horse. The one thing we know is that it will not be called the HSE. Maybe it could be called Tesco, or maybe a highly trusted brand of “Made in Whitehall” will be established to replace it. Whatever it is, we will not be able to see, measure, evaluate or amend it until a new regulator, yet to be imagined by Ministers, is delivered to us to sign off via the affirmative procedure. That is not good enough. It will give the lobbyists another slice of the cake as Ministers go through the process of drawing such a scheme up.
The third serious issue is that, despite what the Minister said, Clause 223 allows Ministers to change fundamentally how the new regulator is structured and organised and can change the task currently entrusted to the Health and Safety Executive and its statutory committees that are a core part of its work. It specifically states that the Secretary of State can amend
“governing procedures and arrangements (including the role and membership of committees and sub-committees)”
It is absolutely not the case that the amendments the Government have brought forward today prevent that happening.
Lord Stunell
(4A) Regulations under this section may not amend or repeal—(a) sections 9, 10 and 11,(b) section 12(2), or(c) section 21of the Building Safety Act 2022.”Member's explanatory statement
This amendment would prevent regulations from amending provisions in the Building Safety Act relating to the building safety committees, and building safety reporting in relation to the condition of electrical installations, stairs and ramps, emergency egress for disabled people and automatic water fire suppression systems in relevant buildings.
Lord Stunell (LD)
My Lords, I have been by no means persuaded by the Minister, who is contradicted by the words in the Government’s own Act and amendment. I seek leave to test the opinion of the House.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsWednesday 13th September 2023
(1 year, 2 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 142-VII(a) Amendment for Report (Supplementary to the Seventh Marshalled List) - (13 Sep 2023)
Lord Bellingham (Con)
My Lords, I briefly support my noble friend. I signed this amendment originally and spoke to it briefly in Committee, and, as my noble friend Lord Lexden pointed out, it has been recast. I just put on record that I am a very strong supporter of regenerating high streets and trying to bring activity and wealth-creation into them. At the same time, from my constituency experience in North West Norfolk and representing the town on King’s Lynn, I am aware of examples where estate agents or shops that had the support of the community were converted into food outlets that led to a great deal of disturbance to local residents. We are not trying to hamper or hold back regeneration and the resurgence of activity in high streets, but to protect residents in a way that is doable and fit for purpose. I think this proposed new clause would do exactly that, so I very much support my noble friend.
Lord Stunell (LD)
My Lords, I support what the noble Baroness, Lady Taylor of Stevenage, said in advocating for Amendment 228. In doing so, I must join her by saying that I too must celebrate my return to the highly populated zone of LGA vice-presidents. There seems to have been a surge, and I have been carried forward in it.
The key point here is that we have to have a system where, when plans are submitted and developed, there is parallel investment in the infrastructure necessary to support the development that is proposed. The permitted development regime has provided a bypass to that process. With the arrival of the infrastructure levy, the risks of development being stranded without the supporting infrastructure have clearly risen a great deal.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsThursday 20th April 2023
(1 year, 7 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-XI Eleventh marshalled list for Committee - (20 Apr 2023)
Lord Stunell (LD)
My Lords, I am very pleased that I chose to give way to the right reverend prelate the Bishop of Leeds, because he has done a superb job in introducing the amendment in my name, and I thank him very much for that. Perhaps I can just step back and look at the group that we are debating as a whole. There are five different approaches from the different amendments, which are all tackling the same problem. They approach it in different ways, but they are all aiming at a common destination. I will say to the Minister that it would be a mistake for her to simply play off the five different amendments and assume that there is no consensus and that this can simply be dismissed. They are all aimed at correcting the same fundamental policy mistake, which is to assume that the current formulation of the words “affordable homes” actually means affordable homes. It does not. It does not mean that, either in the private rented sector or the private ownership sector.
The highly desirable provision of affordable homes is supposed to be delivered through the planning obligations placed on developers when planning permission is granted. The calculation of that affordability is currently based on 80% of the market sale price of that property on that site or, alternatively, 80% of the market rent which is applicable in that general locality. Now the reality is that in many parts of England, especially but not only in London, taking 20% off either the market price or the rental price, while it does make it cheaper, does not make it affordable to those in the most local housing need.
My noble friend Lord Foster provided me with a typical case that illustrates this rather dramatically. It relates to Southwold in east Suffolk, where there are significant housing problems—for instance, last month, 31 homeless families applied to occupy one vacant rental property. So, there is absolutely no shortage of demand; it is a rural area 100 miles away from London. There is a terrible shortage of supply, despite the availability of so-called “affordable homes” achieved as a result of a planning agreement. One such so-called affordable shared ownership property in Southwold has been on the market for two years, during which time there have been no eligible local people able to afford to take it on. Local incomes are simply not high enough. That unaffordable home is on a redeveloped former hospital site where more than £1 million of public money has been contributed to “prioritise housing for local people”. Now, because there has been no eligible buyer, that home is going on the open market. That is a tragic lost opportunity to provide a home to meet local need; and, of course, it is a pitiful waste of public money.
In most London boroughs, affordable homes are not in reach unless you have two professional incomes at the household’s disposal. If Ministers doubt that, I suggest that they might like to ask the civil servants sitting in the Box behind them about their housing circumstances. Young professionals in London are squeezed out of the purchasing market and in grave difficulty even in the renting market. Those two London professionals who put their incomes together will perhaps be able to buy a house at a discounted price. That is good, but it is not a solution to London’s housing crisis. In Southwold and many other areas of the country, neither professional employment nor the bank of mum and dad can bridge the gap between real life and the policy intentions of “affordable homes”.
The five amendments in this group on this topic all start from the premise that affordability has real meaning only if it is based on income levels and not on the market or capital value of the home. Amendment 242 in my name and that of my noble friend Lady Thornhill was the first to appear on the Order Paper, but I concede that it is not necessarily the best option for the Minister, because it sets out a simple way of calculating affordability and might perhaps be best described as a statutory instrument rather than an approach to go in a Bill. But what we have is a formula that is based on existing databases for homes for sale, rent and shared ownership. That calculation is focused on local housing allowance figures for renters and for purchasers of median household income. We do not need a royal commission to consider these matters, nor indeed does the ONS need to devise a new way of measuring things. Everything is there, so the Minister could just get on with it.
I very much welcome the support of the right reverend Prelate the Bishop of Chelmsford, with whom I had discussions beforehand, and now of the right reverend Prelate the Bishop of Leeds, for my Amendment 242, but I recognise that such a specific amendment might in itself be controversial. Therefore, my noble friend Lady Pinnock and I also tabled Amendment 242ZA, which puts the same proposition in the court of the Minister or the Secretary of State to write the regulations rather than us doing it for him. I do not need to spend too much time advocating for either of these or commenting on the other options in the group. All are aimed at a complete reset of the affordability policy as it stands in the NPPF, so that homes set aside under that policy in future are affordable for those in housing need.
However, I need to spend a short time underlining that there are at least two parallel affordability bottlenecks. The first, which my Southwold example highlights, is the bottleneck—almost the deceit—caused by the assumption that a home sold at 80% of its market price is likely to be affordable to those in most housing need. It is true that such homes bring a new slice of first-time buyers into the market, but in many places they will be people with substantial incomes, a long way above those referred to by the right reverend Prelate and so eloquently by the noble Baroness, Lady Taylor of Stevenage.
Providing them through the planning system as affordable homes misleadingly implies—sometimes it is explicitly said—that it is a significant move towards tackling and reducing housing need for those in most hardship. That is simply not true. The recalibration we seek in my two amendments is to put that right and bring all such homes within reach of any household at or above the median income for that area. My noble friend Lord Foster tells me that, in Southwold, the affordability ratio is currently 17:1. That is outrageous. What happens to the affordability ratio if you take 20% off the price? It becomes 13:1. That does not make it affordable. Affordability defined like that is simply a poor joke.
The second bottleneck is the provision of an affordable home for households whose income is below the median and for whom a house purchase is completely out of sight. Such a household will by default be in the formal or, increasingly, the informal rented sector, as the noble Baroness, Lady Taylor, powerfully illustrated. There is sloppy talk about affordable homes being provided for rent within schemes of development which are far removed from the reality of people’s lives and their ability to pay. As a side note, half of the council homes sold are now back in the private rented sector—it is officially known that half of all the sold social homes have been transferred to the private rented sector, where the average rent is approximately double what it would be. You have terraces with a mixture of former council homes and those that remain social homes where the rent paid can be different by a factor of two, depending on whether it is a sold home or not.
My two amendments offer a solution by setting out clearly what is to be regarded as affordable rent when evaluating developments that purport to provide such accommodation. If adopted, the claims by some developers about their provision of “affordable” units would be weeded out and more genuinely affordable homes for rent would enter the market. For the third category of shared ownership, we recognise that a hybrid calculation of affordability will be required, and we have outlined how it might be done.
However, this is not about the minutiae of particular schemes; it is about recognising and then doing something about turning the hollow words of affordability calculated on house prices into a meaningful policy based on households’ ability to pay. If Ministers accept that basic principle and reshape the existing schemes to make affordable homes affordable, based on income, I am sure that all noble Lords with amendments down would be only too ready to work with them to get the small print right and dot the “i”s and cross the “t”s. Pending that important step, I will keep my Amendment 242.
The Lord Bishop of Leeds
My Lords, before the noble Lord takes his seat, may I apologise for jumping the gun? Before he had been able to speak to his own amendment, there was a silence and, like nature, I abhorred a vacuum, but I do apologise.
Lord Stunell (LD)
I think the spirit moved. It is good the right reverend Prelate spoke first in this case.
Lord Best (CB)
My Lords, I rise to speak particularly to my Amendment 438, but I will preface my remarks by saying how much I have appreciated this debate and the contributions from the noble Baroness, Lady Taylor of Stevenage, the noble Lord, Lord Stunell, and the right reverend Prelate the Bishop of Leeds. We have explored this issue in a comprehensive and useful way, and I greatly appreciate that.
I draw noble Lords’ attention to the Affordable Housing Commission report, which came out in the middle of Covid and was therefore buried and forgotten by everybody. The AHC report, which noble Lords can find via Google or their favourite search engine, was a pretty big effort, thankfully funded fully by the Nationwide Foundation—the Nationwide Building Society’s foundation—with a secretariat from the Smith Institute; I had the honour of chairing this. The report is a pretty meaty document and worth those who are interested in this subject following through, but that was a great debate on those amendments, and I support the essence of all of them.
My amendment 438, to which the noble Lord, Lord Shipley, has kindly added his name, seeks to remove from the statute book an obnoxious, offensive legislative measure which has hung over local authorities since the passing of the Housing and Planning Act 2016. I reiterate my declaration of interest as a vice-president of the Local Government Association. Back in 2016, I was the LGA president and along with allies from all parts of the House, including the noble Lord, Lord Porter, with his local government expertise, and the noble Lord, Lord Kerslake, we fought—unsuccessfully—to remove these awful sections from the 2016 Act.
What does this part of the Housing and Planning Act 2016 say, and why is it so troublesome? The key section imposes obligations on local authorities to sell their most valuable council housing when tenants move out, rather than reletting the property. It does so by requiring local authorities to pay a levy to the Secretary of State equivalent to the market value of the best council housing when it becomes vacant, multiplied by the estimated number of vacancies for the next year. To raise the money to pay this levy, local authorities would obviously have no option but to sell their most valuable homes. Most of the proceeds from these compulsory sales go straight to the Secretary of State, who, in a convoluted twist, would use the money to compensate housing associations for selling properties at large discounts to their tenants under an extension of the right to buy.
The effect of this extraordinary measure, had it ever been implemented, would have been highly damaging both for local authorities trying to meet the acute need for social housing in their areas and for the families desperately waiting for a home. Council housing would be further stigmatised and labelled as only for those with no hope of anything better, and with fewer re-lets, pressure on the remaining council stock would be even more intense than it already is.
Buyers of the housing which councils would be forced to sell would very often be private landlords who would let to similar occupiers but would charge market rents, thereby imposing twice the burden on the Exchequer for tenants in receipt of benefits. I was glad to catch up with the latest statistic from the noble Lord, Lord Stunell: that 50% of properties sold under the right to buy have been moved into the hands of private landlords and, obviously, let at rents that are twice as much, if not more.
To add insult to injury, the 2016 Act also empowered the Secretary of State to top up this raid on council resources by requiring local authorities to raise the rents to market levels for any tenant foolish enough to increase their income above a fixed level. The extra rent would not go towards management and maintenance of council housing but instead would be remitted to the Secretary of State as a windfall for the Government.
I moved an amendment opposing the measure and it was carried by a huge majority in this House. I even featured on the BBC documentary on the work of the House of Lords. Although it remains in law, it is another ingredient in the 2016 Act that thankfully has not seen the light of day.
Returning to the compulsory sales of higher-value council housing, as is addressed by the amendment, we can now see what a disaster this would have been—but the offending measure remains on the statute book. In reality, this sword of Damocles hanging over councils is no longer a major threat since Government Ministers have made it clear that they have no intention of using these draconian asset-stripping powers. Indeed, I am confident that Ministers understand the imperative for more, not less, social housing provision.
It was, no doubt, the work of an enthusiastic but naive special adviser coming up with a cunning wheeze to extract the cost from local authorities of securing new right-to-buy sales by housing associations. Today there would be little appetite for such shenanigans which would reduce the stock of available social housing, following the right to buy’s removal of 2.8 million council homes and the subsequent higher costs of using the private rented sector instead. Indeed, the right to buy has now been abolished in Scotland, and Wales is following suit.
Councils have welcomed the Government’s recent move enabling them to retain 100% of right-to-buy receipts for 2022-23 and 2023-24. With long waiting lists for social housing and the private sector becoming more and more unfeasible for many households, that announcement should support councils trying to replace the homes sold through right to buy. It would be helpful if the Government completed this change and made it permanent rather than just for two years. On this theme, I hope that the Government will finally agree to councils having the ability to set right-to-buy discounts locally as part of the Bill’s emphasis on devolution.
The time has surely come to be rid of this 2016 misguided measure to strip local authorities of their best housing assets. The LGA and others have been waiting for a legislative opportunity for the Government to enact their clear intention to have nothing to do with this defunct legislative device. The Bill provides that opportunity, and I think everyone in local government and in the world of social housing will breathe a sigh of relief to see this expunged from the statute book. I commend this amendment.
Lord Thurlow (CB)
My Lords, before we conclude this group, I start by saying that I do not know how any Government with a social conscience could listen to our debate for the last couple of hours without feeling an urgent desire to scrap the right to buy.
I support Amendment 438 in the name of the noble Lord, Lord Best, concerning the sale of higher-value council residential properties. We must not forget that a lot of them are very old, they may have a lot of bedrooms, and they may be under-occupied, as we understand it, and very expensive to maintain—all good reasons for selling them. But we have a chronic shortage of housing. We all know that; we have heard it repeatedly today. If you geometrically increase that to the chronic shortage of social housing, or affordable housing, it is a crisis. The proceeds of all council residential property sales should be reinvested into social housing and affordable housing. They are not, as we have heard again and again. The failure to replace the units lost by the right to buy—the noble Lord, Lord Stunell, referred to it very eloquently—is a disgrace.
The private developers, who build large numbers of residential units for private sale are under an obligation to provide an allocation under the Section 106 agreements for affordable housing, but this is abused by developers—everyone in the industry knows that. The affordable housing obligation is subject to something called a financial viability appraisal. The bigger developers are frequently huge, multi-million-pound public companies; they have the resources, expertise and firepower to employ legal advisers at the highest and most expensive level to provide the financial viability assessment that suits their purposes. There is no possibility of local authorities being able to take on this challenge, partly because they would have to do it so frequently, and partly because they are short of funds in the first place and hardly able to challenge planning applications even on a private level from time to time. I am afraid that there is very little likelihood of the numbers of social or affordable housing being increased in the short-term. I conclude that—
Lord Stunell (LD)
I thank the noble Lord for giving way. Does he agree that a compounding factor is that the calculations of viability studies are kept secret and that, if they were more transparently available, some of the abuse that he quite rightly refers to would be reduced?
Lord Thurlow (CB)
I thank the noble Lord for his comment. I agree entirely with what he says. Without being able to challenge line-by-line a financial viability appraisal, it becomes an impossible task. A lot of the elements of financial appraisals are subjective, and value is therefore very much in the eye of the beholder. I absolutely agree with the noble Lord’s comment. However, until developers are required to provide sufficient social housing, together with the contribution from government sources, I unconditionally support the amendment tabled by the noble Lord, Lord Best.
Lord Stunell (LD)
The Minister is being extremely thorough. She has emphasised very much that she does not want to constrain local authorities exercising their decisions as is appropriate for their area. Can she give us some assurance that when the NDMPs and the revised NPPF are published that we will not find that they are being constrained via a different route?
Baroness Scott of Bybrook (Con)
I cannot give that assurance because we have not yet published them, but from everything I know of where the Bill is going with planning, we are encouraging local authorities to make those local decisions within the national framework, and I do not expect any further constraints on local authorities in that regard.
This is probably the right time to also bring up the issue that the noble Lord, Lord Thurlow, raised about transparency and viability. We agree with many of the criticisms of the misuse of viability assessments. That is why we are introducing the infrastructure levy, which removes the need for viability assessments as part of the planning permission process. If we take it out of the process, I hope we will not have this argument in the beginning. I have had many arguments over viability in the past. If we take it out of the system, I hope that will stop in future.
Moving to Amendment 438, in the name of the noble Lord, Lord Best, I understand why he has put forward his amendments. While I appreciate totally the sentiment behind them, we do not believe this would be the correct legislative vehicle for this policy. The Government have provided public assurances that they will not require local authorities to make a payment in respect of their vacant higher value council homes in the social housing Green Paper and stand by that commitment. The Levelling Up and Regeneration Bill does not address the topic of social housing, and the Government do not wish further to complicate such a complex set of legislative measures. However, the Government remain committed to legislating on this issue at an appropriate time in the future. I can provide assurances at the Dispatch Box to the noble Lord that the provisions laid out in Chapter 2 of Part 4 of the Housing and Planning Act 2016 have not been brought into effect and this Government have no intention of doing so. The provisions lack a regulatory framework to underpin the policy, and therefore there is no risk of local authorities being subject to them before we are able to legislate in the future. I hope this reassures the noble Lord that the Government remain committed to the decisions set out in the social housing Green Paper and that provisions will be made in future for this revocation to be issued. I hope the noble Lord will feel able not to move the amendment.
Lord Stunell (LD)
My Lords, it is a pleasure to follow the noble Lord, Lord Young of Cookham, and the noble Baroness, Lady Taylor of Stevenage, in this debate. My contribution is quite modest compared to their overarching and sweeping criticism of Clause 99 but, just by way of flanking fire, perhaps I can say that it covers eight pages of the Bill, which is more than the whole of Part 1, which sets up the mission statements. That seems to me to be a wholly disproportionate application of drafting time, when we consider the level of detail not present in Part 1 and the level of detail here. That is perhaps the only point at which I would wish to challenge the noble Baroness, Lady Taylor of Stevenage, in her request for yet more detail. I honestly do not think this Bill needs any more detail on street votes.
Nevertheless, I have tabled Amendment 253A, which aims to ensure that where approved neighbourhood plans are in place, they cannot be overturned by a street vote. It is, to that extent, rather in the same vein as Amendment 248, moved by the noble Lord, Lord Young. He set out that there should be a clear hierarchy between street votes and development plans so that local development plans trump street votes. My amendment takes a different approach to neighbourhood plans. It simply adds to the list of places where street votes cannot be held—which exists in the Bill—those areas that have valid neighbourhood plans in force. In other words, within areas where there is an approved neighbourhood plan, street votes are not to be an available mechanism.
Like the two previous speakers, I do not really get what value there might be in street votes as a concept. I see some places where they may create or might enable some worthwhile flexibility at a micro level below the reach of borough-wide development plans. However, I admit that I am struggling to imagine what a good example of that might exactly be. It has been suggested, by the Minister, apart from anybody else, that it provides the opportunity for low-level densification of homes in a street. I think the noble Lord, Lord Young, commented to some extent on that, but I will just pick up a point made by the noble Baroness about biodiversity.
One of the things that recent planning changes have brought into view is that gardens should not be paved because of the need to maintain natural drainage. The more the footprint of buildings is increased, the bigger the run-off and the bigger the risk of local flooding at the least. Therefore, that connection will sometimes be a consideration which needs to be taken into account.
It is easy to imagine some less benign examples of street votes, such as perhaps a west London street agreeing that sub-basements with cinemas and car parks would be perfectly fine there. If that was done on the basis of a referendum, the result of which—just to pick two figures out of the air—was 52% to 48%, there would not just be some discontented people living in neighbouring streets but perhaps substantial levels of discontentment in that street.
That brings me to ask a question about who gets to vote. Presumably they are people registered on the electoral roll. That is just as well, because in that west London street the big houses probably also have five or six servants—chauffeurs, cooks and chefs—and, of course, the let-out as far as the voting goes is that they are probably not UK subjects. The noble Baroness made a good point on behalf of renters: in a community, particularly an inner urban area where a transient population is normal, who votes, when they vote and what the qualification is to vote is important.
One of the many pluses of a neighbourhood plan, particularly the process leading up to its adoption, is that all those nook-and-cranny micro details can be considered and a consensus built as part of that plan. That is itself subject to a public endorsement and a referendum. It seems to me fundamentally wrong to have a situation in which such an endorsed, publicly recognised and approved plan, with a level of local public participation that far exceeds the adoption of a local development plan by a planning authority, could be overruled or subverted by random revocation of bits of it in the street votes.
My argument is straightforward. Essentially, where a valid neighbourhood plan is in force, all the work on microsites and flexibilities will have taken place already in drawing up that plan. Whatever the merits of the principle of street votes, they would be an unnecessary duplication of effort and expense within a neighbourhood plan area. My amendment avoids that overlap and the inevitable confusion it would cause in the local community if its democratically prepared neighbourhood plan was set aside, even if only in one part. I hope to hear that the Minister agrees with that and will accept my amendment.
Baroness Pinnock (LD)
My Lords, I think we can say that there has been a less than enthusiastic response to the proposals in Clause 99, and I endorse everything said by the three previous speakers. Rather than laying out any other reasons in great detail, which other noble Lords have done, my questions for the Minister are these. First, what is the problem to which this is the solution? Secondly, what is a street? I know there is a clause defining a street, but I should really like to know whether Manchester Road in Huddersfield, which stretches for seven miles, counts as a street, or Halifax Road, which goes from Halifax to Dewsbury. Is 10 miles a street? I need to understand what a street is.
That leads to my third question. We have discussed at length in the past few days the purpose of planning and what is required of our planning system to enable development, but also to enable communities that work and to protect our environment. Currently, any planning application for more than one house needs a construction management plan but there is no reference to that in Clause 99. In any development of the sort that I think is being considered—back gardens or whatever—there is also the question of linking to the existing utilities, particularly water and wastewater removal in some areas. We need to know how sustainable that will be or whether there will have to be sustainable urban drainage to achieve it. Where I am now, nearly all the developments must have attenuation tanks built into them to do what they say: hold back the water to reduce the risk of flooding. All that would need to be thought about, as well as the issues that the noble Baroness, Lady Taylor, raised about biodiversity.
The Government, in their wisdom, changed permitted development rights of change of use from offices to residential areas. Because that could be done without proper process, one of the big issues that ensued concerned parking—or the lack of it—because there was no provision and no consideration had to be given to it, so none was applied for and there was a big problem.
Earl Howe (Con)
We want to engage in extensive consultation. I have every confidence that the Government will want to garner opinion from sources that have expertise of the kind that the noble Baroness mentions, and I see no reason why the LGA will not be included in that. If I can provide her with greater certainty, I will certainly do so by letter. I will be talking more about the broader consultation process in a minute or two.
The effect of Amendment 253A in the name of the noble Lord, Lord Stunell, would be to exclude development in any area with a designated neighbourhood forum from the scope of street vote development orders. This would mean that, as he explained, street vote development orders could not be used in areas where, I suggest, they would be of most benefit, for example, where local people want more homes, or where greenfield land is under particular pressure from housing development. I reassure the noble Lord that neighbourhood planning will continue to play an important role in the planning system. Indeed, other measures in the Bill reinforce this. Where street vote development orders operate, communities will continue to be able to participate in neighbourhood planning. Indeed, our intended consultation will give neighbourhood planning forums and other interested parties an opportunity to shape the policy and ensure that it delivers for communities.
Lord Stunell (LD)
I thank the noble Earl for giving way. He has perhaps got the cart in front of the horse there. My amendment refers to neighbourhood plans which are in force. It seeks to make sure the decisions the public take on all the issues that he has just outlined as being highly desirable—those which have completed and formed a neighbourhood plan—are not then subject to a further random challenge from a particular street vote. It is not a question of the preparation of a neighbourhood plan; my amendment would not apply in that situation.
Earl Howe (Con)
I take the noble Lord’s point. This highlights again how important it will be to ensure that the results of the consultation reflect issues such as those the noble Lord has raised. It may be that the general feeling is to go along the road the noble Lord has suggested. I do not want to pre-empt the consultation result in that sense, but let me reflect further on what he has said. Again, I will be happy to write to him if I have further wisdom to impart at this stage.
I can understand the reasons for tabling Amendment 254, in the name of the noble Baroness, Lady Hayman, to which the noble Baroness, Lady Taylor, spoke. I do not, however, agree that it is necessary. As a general point, biodiversity net gain will be an important point of the planning system going forward. It will ensure biodiversity must be enhanced when new development occurs and habitats will be impacted. Having said that, my colleagues at Defra have recently published the Government’s response to their consultation on the implementation of biodiversity net gain—BNG. This response makes clear that certain types of development will be exempt from BNG requirements.
The powers in the Bill require regulations to specify the development which can be consented to through a street vote development order. We are likely to use those powers to specify a range of development, from more minor developments such as roof extensions to more extensive development. In line with the wider policy approach, it is therefore likely to be appropriate to exempt some forms of street vote development from BNG requirements. That is why we are seeking the power in the Bill to both modify and exclude BNG provisions under Schedule 7A.
The noble Baroness asked in particular about conservation areas, and I will touch on that. I recognise the important role that conservation areas play in protecting local heritage. Proposals for street vote development orders will be independently examined against a set of prescribed requirements. The importance of local heritage will be taken into account in the design of these requirements. In addition, street vote development orders cannot be used to consent to the development of listed buildings and scheduled monuments.
The noble Baroness, Lady Pinnock, asked about infrastructure and perhaps I could reply to her in this particular context. We recognise that improvements to local infrastructure may be needed to support street vote development. Where street vote development takes place, local authorities will be able to secure value from the new development by charging a specific community infrastructure levy rate targeted at street vote development. This will ensure that value generated by the street vote development can be captured and used to secure infrastructure and affordable housing that will support the local area.
I turn briefly to the issue of whether it is appropriate to seek a delegated power in this case. As Defra’s recently published implementation plans make clear, much of the detailed implementation for biodiversity net gain will be set out in secondary legislation. It is therefore also appropriate to set out the biodiversity net gain arrangements for street vote development orders in secondary legislation to ensure that the systems work in harmony.
I can understand the reasons for tabling Amendment 257 in the name of the noble Baroness; however, I do not agree it is required. Clause 100(3) of the Bill allows for local authorities to expedite the procedure for setting community infrastructure levy rates for street vote development where local authorities do not have immediate plans to update or introduce CIL rates within their authority.
Earl Howe (Con)
No, it most certainly does not. Our intention is to appoint the Planning Inspectorate to examine proposals and make the street vote development orders on behalf of the Secretary of State.
Lord Stunell (LD)
I wonder if I could help the noble Earl. For neighbourhood plans, there is an independent examiner who is not actually drawn from the inspectorate but obviously has to be a qualified professional person of independent standing according to an agreed register. I would have thought that, bearing in mind that is a task that is bringing forward a significant number of neighbourhood plans each year and the Government intend to bring forward more, there would be a substantial multiplier effect if street votes go ahead. So the pool of independent examiners may have to be deepened and widened somewhat beyond the Planning Inspectorate if he intends to proceed.
Earl Howe (Con)
That is a helpful suggestion, which I am happy to feed in.
On Amendments 252 and 253, in the name of the noble Baroness, the Government recognise that leaseholders will often have an interest in proposals for street vote development. Leaseholders will be able to be part of a group that can bring forward a proposal for a street vote development order if they are registered to vote in a local council election at an address in the street area on a prescribed date. If a proposal passes examination, a referendum will be held on it. Subject to the outcome of consultation, the Government envisage making a provision so that individuals, including leaseholders, who are registered to vote in the local council election at an address in the street area, as well as commercial rate payers there, will be eligible to vote. Again, we intend to consult on this proposal and on our proposals for referendum approval thresholds as part of a wider consultation on the detail of the measure.
Earl Howe (Con)
Yes, and consultation.
Before I speak to the government amendments, I will turn to Amendments 255 and 256, also in the name of the noble Baroness, which deal broadly with issues of propriety. I recognise the valuable expertise that organisations like the Association of Electoral Administrators can bring, but I do not agree with the noble Baroness that it is necessary to place a statutory duty on the Secretary of State to engage with them. As part of our work to develop the detail of the street votes policy for regulations, we will seek a wide range of views, as I mentioned earlier, from organisations such as the Association of Electoral Administrators and the Society of Local Authority Chief Executives to help us to get the secondary legislation right and to ensure that the policy operates effectively. However, it is right that the Secretary of State will be required to consult the Electoral Commission, given its important statutory role to ensure free and fair elections and polls.
Earl Howe (Con)
My Lords, if I may say so, that is a very helpful intervention from the noble Baroness. She raises a number of key points, some of which will no doubt be covered in the consultation, but if I can expand on that I will be happy to write to her.
On Amendment 256, I would like to make it clear that the Government take the potential for conflicts of interest seriously. I am however confident that local authorities and the Planning Inspectorate, both of which we envisage having an important role in the street vote process, have appropriate safeguards in place to minimise conflicts of interest. It is a matter for local authorities to determine their own conflict of interest policies. I have every confidence that all local authorities treat conflicts of interest seriously and have robust procedures in place for both their members and officers. It would not be proportionate to legislate that local authorities publish guidance on managing conflicts of interest specifically on street votes, although no local authority would be prohibited from doing so if they so wished.
Our intention is to appoint the Planning Inspectorate to examine proposals and make street vote development orders on behalf of the Secretary of State. As the independent examiner, the Planning Inspectorate has its own conflicts of interest policy to support the proper and efficient allocation of work. In addition, chartered town planners, who may support residents in preparing proposals, are bound by the Royal Town Planning Institute’s code of professional conduct. This includes provisions to declare and avoid conflicts of interest.
I turn briefly to the government amendments in this group. The Government are committed to ensuring that street vote development is subject to the same principles in relation to environmental impact assessment as development enabled by other routes to planning permission. This is consistent with the Government’s commitment on non-regression of environmental protections. Without amending the Bill, it would be unclear for qualifying groups and relevant bodies how the EIA requirements would apply to street vote development. Amendments 257A, 504H, 504I, 504J and 509A allow for the Secretary of State to make regulations modifying the existing process under the EIA regulations so they operate effectively for street vote development orders. Where development that is consented under a street vote development order is EIA development, it will continue to be prohibited unless an assessment has been carried out and the environmental impacts are considered when making the order. Amendments 248A, 256A and 258A make technical and consequential provision to the Town and Country Planning Act, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Elections Act 2022. These minor changes to these Acts—
Lord Stunell (LD)
I thank the noble Earl for giving way—I realise he has a mammoth task this afternoon. Amendment 258A introduces a new schedule to the Bill. It appears to be five pages long, which raises the total text to some 15 pages. I wonder whether he could say a little bit more about that schedule and what it is attempting to achieve. I am looking at paragraph 1(7), which is obviously difficult to interpret because it inserts bits into other legislation. Maybe he would like to write to me about this. Really quite important stuff is being parachuted into the Bill, on top of all the uncertainty we have been discussing. I wonder whether he would like to sketch in how the new schedule, which I suppose is going to renumbered as Schedule 8, fits into the general structure of this clause.
Baroness Hayman of Ullock (Lab)
My Lords, there are two amendments in this group in the name of my noble friend Lady Taylor of Stevenage: Amendment 259, which probes subsection (7), which is inserted by Clause 102; and Amendment 260, which probes the involvement of the Mayor of London under the new section. We consider Clause 102 to be relatively straightforward, in that it simply makes provisions concerning minor variations to planning permission, allowing for greater flexibility to make non-substantial changes that would not be possible at present without the submission of multiple applications by various different routes.
On that basis, we broadly welcome this change, because it will give effect to something that is long overdue, simplifying arrangements currently in place that were only ever intended as a short-term holding position. However, we have tabled Amendments 259 and 260 because there are a couple of areas of concern that we would like the Government to look at. First, current arrangements ensure that, if a variation to planning permission is sought, whether before or after completion, the circumstances of the day are considered when determining the Section 73 application. That, of course, includes the policies in place at the time and any other material considerations. However, as drafted, Clause 101(7) suggests to us—and the Minister may be able to clarify this—that the circumstances at the time of the original grant of permission would be the framework for determining applications in future. We are concerned that this would mean, for example, that if a new local plan had been adopted since the original permission, that plan—which might, for example, include more challenging environmental standards—could not be applied in deciding whether or not to grant the Section 73 application. It may well be that the Minister can clarify that for us.
Similarly, many Section 73 applications relate to the number of residential units or to floor space. Again, as drafted, we are concerned that the decision-maker would not be able to, for example, revisit the amount of affordable housing provided by the scheme, potentially creating a significant loophole. We think that local planning authorities should be able to consider up-to-date planning policy and/or guidance when determining such applications, to guard against such adverse consequences as I have just been talking about. We therefore propose that subsection (7) be removed from the clause.
Our second issue of concern relates to the powers that are devolved to the Mayor of London on strategic planning applications. As the Minister well knows, the Mayor has powers to become the decision-maker for strategic planning applications, subject to certain provisions. However, we are concerned that the Bill as drafted provides only for the Secretary of State’s call-in powers; we believe that leaves a vacuum in relation to the mayoral powers. We propose Amendment 260 to follow Clause 102(13) to ensure that the powers of the Mayor of London to call in applications in accordance with the terms of the Town and Country Planning (Mayor of London) Order are still taken into account.
I shall say a very few words on the other amendments that have been discussed. First, I thank the noble Baroness, Lady Bakewell, for introducing Amendment 268 in the name of the noble Lord, Lord Carrington. It is a very interesting amendment, and I am glad that she spoke to it. I absolutely agree with her that we should have a rural strategy. I should draw attention in my interest, in that I have recently been working with the Co-operative Party on its rural policy reviews: it is something that is very close to my heart at the moment. The Government should look closely at how they can give a bit of a leg-up to rural economic development. The Minister will know the particular challenges: there needs to be consideration and support and, as this is a levelling-up Bill, it is an opportunity to take that into account for our rural communities.
I thank the noble Lord, Lord Lansley, very much for his very thorough introduction. It was very interesting, because I had read the amendment and thought, “Okay, it could be about this; this is what I am thinking”, but his clarification was extremely helpful. I think that he has drawn attention to a really important anomaly in the way the current legislation works. In many ways, that brings us back to something that we have said over and over again—that it would have been better had we had a very specific planning Bill, then we could have got into the nitty-gritty of the current legislation, looked at how it could have been improved and streamlined, and any anomalies such as the noble Lord has drawn our attention to, and any contradictions, could have been properly resolved. So I say to him that we support him in what he is looking to do with his amendment and it would be a very sensible and practical thing for the Government to bring forth such an amendment on Report.
Lord Stunell (LD)
I just want to briefly say that I very strongly support the plea put in by my noble friend in relation to a rural strategy. I am also interested to understand the Minister’s response to the queries that the noble Baroness on the Labour Front Bench has raised about subsection (7); it requires some further explanation. I wait to see what the Government’s amendments look like. With that, I am happy to sit down and let proceedings continue.
Baroness Scott of Bybrook (Con)
Amendment 258B tabled by my noble friend Lord Lansley touches on the very specific matter of drop-in applications—not a legal term but one that is used a lot in planning circles. I know he will be well-versed in these matters, and I am grateful to him for exposing me to such technical but none the less important aspects of the planning process at this time of night. I thank my noble friend.
As we have heard, this amendment has been brought forward in response to the judgment handed down last year by the Supreme Court on Hillside Parks Ltd v Snowdonia National Park Authority. My noble friend has given much more detail, but this case considered how far new planning permissions for development that would affect existing planning permissions make these earlier planning permissions unlawful to complete.
I would like to assure my noble friend that my department is already engaging with the development sector to understand the implications of the Hillside judgment for existing and future development practices. As he will know, the matter of drop-in permissions whereby a developer seeks a separate, new permission to overlap part of an existing planning consent has been highlighted as a concern, particularly given their role in supporting the delivery of large-scale developments, which can take several years to build out.
I recognise that the intent of my noble friend’s amendment is to provide legal clarity about the validity of existing planning permissions where a new, overlapping permission is brought forward. However, I must stress that the case law in this area is now quite clear that, unless expressly severable, an existing permission must be interpreted as an integrated whole, and that where a new, overlapping permission comes forward that materially departs from that earlier permission, such that it is impossible to deliver that earlier development, it would be unlawful to carry out further works under that earlier permission. Of course, where the existing permission is clearly severable, or where a new, overlapping permission is not material, it will still be possible for developers to make a drop-in application.
New Section 73B, as introduced by Clause 102, provides for a new, alternative way to make amendments to development proposals and enables minor variations to be made to existing planning permissions. This will allow for changes to be made to existing development proposals, such as to the descriptor plans or conditions, accounting for any amendments already made, providing that the cumulative effect of those amendments does not represent a substantial difference to the original permission. It will be for the local planning authority, in exercising its planning judgment, to decide what constitutes a substantial difference on a case-by-case basis. We anticipate, therefore, that the new Section 73B will provide an alternative route for making changes for many large-scale developments, rather than them having to rely on drop-in applications. We will continue to work closely with the sector to consider whether more guidance about varying permissions would be helpful, and I would be very happy to discuss this further with officials and my noble friend if he would find that useful. With that assurance, I ask my noble friend to withdraw his amendment.
Amendment 259 tabled by the noble Baroness, Lady Taylor of Stevenage, and moved by the noble Baroness, Lady Hayman of Ullock, is intended to probe the purpose of new subsection (7) in Clause 102. This amendment was also tabled in the other place, with the concern that the provisions as drafted would require applications under new Section 73B to be considered in accordance with the framework in place at the time of the original grant of planning permission. New subsection (7) requires that the local planning authority limits its consideration only to the difference in effect that could arise between the original permission and any subsequent grants to vary or remove conditions under Section 73 or the new route, as a result of granting planning permission under the new route.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsTuesday 18th April 2023
(1 year, 7 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-X Tenth marshalled list for Committee - (18 Apr 2023)
Lord Stunell (LD)
My Lords, this is an extremely important debate with a large number of amendments of great importance. Having recently been recruited to the rapidly increasing cohort of the over-80s, I am entirely with the noble Lord, Lord Best, and his amendment. Certainly the Liberal Democrats support the case that has been made.
I was interested to hear what the noble Lord, Lord Bradley, had to say in relation to his amendment about making an assessment for student accommodation. As a resident of Greater Manchester, I understand the issue very clearly. I am sure that the Minister will want to tell us about how it is possible to have such a requirement applied in a proportionate way, bearing in mind that for a neighbouring planning authority such as High Peak it may be a very small consideration, whereas for an authority such as Manchester or Salford it is very significant.
I wonder if I might impersonate the noble Lord, Lord Kennedy, in respect of the amendment of the noble Baroness, Lady Fox of Buckley, and ask where the leasehold reform Bill is, of which the Government have spoken so much and delivered so little. I shall leave my remarks there. I think we need to hear from the Minister not simply that she does not particularly like the amendment that the noble Baroness has tabled but that there is actually a positive plan by the Government to tackle the issues the noble Baroness has identified.
I want to focus my remarks on Amendment 219 and Amendment 218, tabled by the noble Lord, Lord Lansley. Amendment 219 would require local planning authorities to have a local plan that reaches or exceeds the requirement for housing prescribed by the Secretary of State. Amendment 218 would nail this down further by requiring strict conformity with the Secretary of State’s targets, using a method of calculation specified by the Secretary of State. We should be clear that, taken together, these amendments would mean that local land allocations for housing would essentially be taken away from local planning authorities and placed back in the hands of the Secretary of State. This would be a reversion to the statutory situation that obtained at some very distant time in the past—some 12 months and three Prime Ministers ago. It is a policy position that was denounced by the previous Prime Minister as Stalinist, and was this week repudiated by the current Prime Minister when speaking on the BBC. He said he saw an urgent need for change to the existing policy, assisted materially by conversations he had had last summer with Conservative councillors all over the country, who spelled out to him its consequences and the damaging impacts it was having locally.
A close reading of the two amendments suggests that, actually, they may seek to go slightly further back, to something that is even more Stalinist than the preceding Prime Minister was suggesting. The drafting of Amendment 218 appears to say not only that falling below the target would not be permitted but neither would exceeding it, because it has to be in strict conformity with the targets that have been set by the Secretary of State—not a house more, not a house less.
Noble Lords who are proposing this pair of amendments are certainly quite right to point out that the current situation suits nobody, least of all the tens of thousands of families on council waiting lists or the many others for whom a house purchase is hopelessly beyond their means and for whom renting can only ever be an inadequate, insecure and expensive option, given the current size and nature of the housing stock. They are also right to point out that the current policy uncertainty has paralysed local plan decision-making, slowed site allocations, and infuriated the development and housing industries.
We need more homes urgently. Specifically, we need many more social homes for rent. If money was switched from the Help to Buy programme to investing in those homes, as we on this side have often advocated, that would make a start, but the supporters of these two amendments need to explain in more detail how going back to the status quo ante will deliver the outcome that they desire. Not once did the system to which they are now encouraging us to go back deliver 300,000 net new homes a year, or even near it. The noble Lord, Lord Lansley, drew that to our attention. The old system was not delivering, so reinstating it seems unlikely to work miracles. Indeed, I shall quote the noble Lord, Lord Lansley, in respect of another matter he spoke about: repeating something that you know does not work is verging on madness.
There are even more Stalinist options available, and maybe these two amendments point the Government in that way. There is no doubt that a centrally imposed national five-year plan for housing construction could deliver such numbers, but only provided there was state funding for anything over the 150,000 or so homes that would be funded by the private sector—and with the proviso that the party in government that put this policy in place was ready to forego its local democratic representation on the shrivelled local planning authorities that would be left.
There is an alternative—one that has proven to work in practice over the last 10 years, one that produces more land allocated for housing than the local plans have previously done for that area, and one that has popular consent, validated by a public vote locally. It is an alternative that meets local housing needs, has local popular consent and routinely exceeds government housing targets. You might think that that was a far better policy option than resurrecting a system of failed top-down targets that will not meet local housing needs anytime soon, raises huge opposition, and is constantly gamed and warped by developers, politicians and local interests, while Ministers in Whitehall can only stand around, flummoxed and frustrated at the failure of the plan to deliver. I am referring to neighbourhood plans, and here I need to redeclare my interest as a member of a neighbourhood planning forum. Now that neighbourhood plans are seen as a success—this was debated to some extent earlier in our proceedings—everybody claims to have invented them. I say only that it was quite lonely at the Dispatch Box in 2010, steering them through in the Localism Act.
There is a later group of amendments in which I shall have more to say about neighbourhood plans—I am sure noble Lords will be delighted by that news—and the impacts of some of the clumsy proposals in the Bill, which I think will damage and hinder their prospects. However, for this debate, I look forward to hearing the Minister set out what the Government’s plan for reaching 300,000 new homes will actually be. If it is not going to be Amendments 215 and 218 from the noble Lord, Lord Lansley, or spending absolute shedloads of money on a massive state investment programme, or facilitating a much-expanded neighbourhood planning programme, what on earth is it going to be?
Leaving the Bill as it is, as the Government would obviously prefer, may well be seen as their best expedient short-term fix for the forthcoming local elections. They may even hope that it might be a middle-term fix for the general election next year. I do not think it will achieve either of those things, but one thing is certain: it will definitely not be a long-term fix for the homes that are vitally needed in this country. Leaving the Bill as it is will provide no help at all for those stuck on endless housing waiting lists, for those desperately saving for a deposit at a time of rising interest rates, or for those stuck in overpriced short-term lets with no hope of rescue. It really is time for the Government to set out their plans. I look forward very much to hearing a constructive reply from the Minister.
Baroness Pinnock (LD)
My Lords, this group of amendments exposes the conundrum at the heart of planning for housing. At this point, I repeat my interests, as in the register, as being a councillor in Kirklees, with its up-to-date local plan, and as a vice-president of the Local Government Association. My noble friend Lord Stunell is of course right to say that the simple statement of a number of new house builds per year has failed and will continue to fail: top-down diktats are the last resort of a failed policy. As the noble Earl, Lord Lytton, helpfully reminded us, there are more than 1 million unbuilt homes with current planning consents. That seems to me to indicate that a top-down planning policy is failing to produce the number of new home builds that the country needs and wants.
Amendment 207 in the name of the noble Lord, Lord Best, points to a challenge in housing development that is considered far too rarely: housing and planning policy should have a focus on fulfilling need. There is ample evidence of which housing units are needed, such as those for older people. As my noble friend Lord Stunell has said, we know that there is a desperate need for housing at a social rent. There are current applications from over 1 million people for social housing. Their chances of success are very limited indeed, as successive Governments have continued with the right-to-buy policy while ignoring the need to build replacements. The challenge of supplying housing that meets expressed need is not being addressed by the changes to planning policy in this Bill.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsWednesday 22nd March 2023
(1 year, 8 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-VII(b) Amendment for Committee (Supplementary to the Seventh Marshalled List) - (22 Mar 2023)
Baroness Young of Old Scone (Lab)
My Lords, although perhaps I would not want to align myself with my friend’s sentiments about the complexity of the Covid rules currently being examined at the other end, I support this group of amendments.
Net zero and adaptation to the impacts of climate change are getting more and more difficult because they are more and more pressing. We have to deploy every tool in the toolbox, and the planning system is a pretty powerful tool if it is properly pointed. It is true to say that the National Planning Policy Framework requires local authorities to address climate change, but when push comes to shove, housing targets tend to get the upper hand. If a local authority lays stringent requirements on developers about net zero or adaptation to the impacts of climate change, the viability test immediately gets rolled out, as well as challenges about developments being not viable under the rules that the local authority is laying down. Local authorities have to have some sort of protection against that kind of challenge, by being able to point to strong guidance and a statutory requirement to deliver net zero and adaptation to climate change.
As my noble friend on our Front Bench said, it is good that a large number of local authorities have declared a climate emergency, but they now need help to make that reality. There are already a few hooks in planning legislation that local authorities ought to be able to rely on, but they are clearly not sufficient because planning inspectors are overturning development proposals and local plans on the basis that the planning authorities have gone too far. We have to make sure that they are not going to be subject to those sorts of local challenges for doing the things that need to be done to tackle this emergency.
These amendments have some considerable strength. As has been said, they deal not just with plans but with planning policy, and indeed with individual applications. They talk not just about net zero but about the very real need for local planning authorities to take pretty stringent steps to ensure that there is adequate adaptation to climate change on a local basis.
If noble Lords really want to break their hearts some evening, they should go and read the successive reports of the Adaptation Committee of the Climate Change Committee, very nobly chaired by the noble Baroness, Lady Brown of Cambridge, who is not in her place. It would break your heart to see how little progress we have made in making our local settlements, infrastructure, and other important things for the quality of life and of the economy in this country resilient in the face of climate change. We really have to get a grip of that one.
Other excellent features of the amendments are that they cover climate change and nature, and are about mitigation actions, as well as adaptation. It would be extremely helpful to planning authorities, developers, and those who care about climate change and climate adaptation for these amendments, or some variant of them, to be accepted at Report.
Lord Stunell (LD)
My Lords, I support these amendments and I thank the noble Lord, Lord Ravensdale, for bringing them in front of noble Lords today. I want to focus on just one aspect of this. It is about not just whether the Government agree to these amendments and facilitate all the action which noble Lords have already spoken about but whether they back away from the current position, which is putting a ceiling on the ambition of local planning authorities in achieving net zero, and indeed in trying to set a purpose that is in any way in alignment with the nationally set targets of getting to zero carbon by 2050.
Many local authorities are straining at the leash to make their communities zero carbon and to ensure that they take steps to protect the well-being of their residents from flooding and extreme weather events, and from the costs and harm that they can see happening now and foresee coming in the coming decade or two if they do not take vigorous action to tackle climate change and mitigate the worst consequences of it. Unfortunately, time and again, via the Planning Inspectorate or government pronouncements, local planning authorities are prevented from taking those actions by the imposition of a national framework which is not in alignment with the equally national statutory framework to reach zero carbon by 2050.
If the Minister feels that, somehow or other, the formulation of the noble Lord, Lord Ravensdale, is not the right one, that is fine, but can she, in the first instance, say that she and her Government will not continue to deliberately suppress the ambition of local authorities to achieve that national target and come forward herself, or encourage her Government to come forward, with a way to facilitate progress along the lines the noble Lord, Lord Ravensdale, has so well set out today?
Baroness Pinnock (LD)
My Lords, I totally agree with the amendments in this group and thank the noble Lord, Lord Ravensdale, for bringing our attention to this issue before we start addressing the clauses that concern national and local planning policy.
Strategic planning depends and rests on planning legislation such as this and on national and local planning policies. We need to provide the tools in planning legislation and at national planning policy level to produce the focus and levers that we require at local level to pursue net zero—which I have not heard a voice against in this debate so far. We all know how important it is, but we need the levers and tools at local level to achieve it.
That is not going to be as simple as it sounds. Planning is a forward-looking approach: it is for new development or change to old development and does not do as much for the existing built environment. I hope that when we discuss the national management development policies the Government will indicate where they will provide a strong policy in favour of achieving net zero through planning legislation and policy. Currently, the National Planning Policy Framework has the goal of
“presumption in favour of sustainable development”,
which is about 10 to 15 years old, and it was the start of the journey towards achieving a firm commitment to tackling climate change and achieving the Government’s aims of zero carbon by 2050. We need a step change in planning policy if we are to achieve that. Unfortunately for the Government, the tools they put in planning legislation and policies are cross-departmental if they are going to achieve anything.
For example, housing development requires highways infrastructure. Is such infrastructure going to enable more traffic? Even if we have transferred to electric-generated vehicles, that will still create considerable carbon emissions, both in the production of the vehicles and in the production of the electricity, for the foreseeable future. What is the policy going to be there?
Lord Berkeley (Lab)
My Lords, it is a pleasure to follow the noble Earl, Lord Lytton, who was a member of the Built Environment Committee when we discussed this issue. I am very grateful to the noble Lord, Lord Moylan, for his excellent introduction; I agreed with probably most of what he said, which is quite unusual for me.
There is a housing problem. We are here to talk about the short-term issue and the relationship between supply and demand, the short-term issue and location, as other noble Lords have said. It comes back to the question of where the workers—the term is a little insulting—the people who need to live locally, will live. It varies across the UK. As noble Lords will know, I live in Cornwall and sometimes on the Isles of Scilly. I have a bit of data from Cornwall Council that puts this into perspective. According to the council, we have 13,292 second homes in Cornwall. I am not sure how that was measured or how you define a second home, which is partly what we are talking about now, but that is a pretty high figure.
On the question of where people might live, the same council and its deputy leader have said that there are 6,000 affordable homes in Cornwall which have planning permission, but only 600 are being built. One has to ask why. Is it that the developers are waiting for a year or two so that they can get a better sale price, or what? We need that information.
The noble Earl, Lord Lytton, said that he did not have any evidence of people being kicked out of their longer-term lets for Airbnb, but there was evidence of this in Plymouth in a local paper article about six months ago. It named the person—I think—and where it took place. It involved a man who was working in some local authority role. He had been there for many years, but one day his landlord, who lived downstairs or upstairs in the house, gave him notice to quit, because he said he was going to sell it. So, the tenant had to leave. I do not know whether he found anywhere else; history does not relate. However, he did keep an eye on the property, and six months later he found it advertised on Airbnb. Whatever the rights and wrongs of this, it is keeping the availability of accommodation—both affordable and unaffordable homes—in a pretty nasty state wherever this happens. I recall asking the Airbnb witness, when he or she came to our committee, whether they felt it would be all right for somebody to be kicked out like that and for the council worker to sleep on a park bench—that was his alternative. I did not get much of an answer; I did not really expect one.
There is a problem here, but it is only in some places, as other noble Lords have said. There are other places where it is probably not necessary to have legislation, and that is the purpose behind Amendment 441. For me, the most important thing is to have the ability to register these properties when the local authority believes that it is necessary. So, I favour “permitting” in Amendment 441, but if the Government think that it is essential around the whole country, we will have to look at this again.
My worry about Amendment 443 is the inclusion of “90 days” in the definition of a short-term rental, but as the noble Lord, Lord Moylan, said, this a probing amendment. It is easy to ask: would this apply to a rental if it is let for 90 days, or if it is available for let for 90 days? Who is going to check? It is a bit difficult to define something which will probably cover the whole country—ditto my comments about Amendment 444. That amendment talks about one room in a house, which sounds fine. If you have a three-bedroom house and you let one, that sounds fine. However, there may be people who then build a bigger house in order to let multiple rooms—I do not know how many; it could be three, four, five or six—and make a lot of money out of it, and they could get away with it because it is a series of single rooms. All these special exclusions could make it more difficult for this legislation to work.
The amendments tabled by the noble Lord, Lord Foster, are absolutely essential. This is one of the things we discovered with Airbnb, as the noble Lord said: it does not have to comply with any of these regulations. Fire and safety are fundamental to any property that is let. I know many people who run holiday lets, and they moan like anything that they have to get all these certificates. But if you have rented something, whether it is for a week, a day or a year, you still expect the same level of safety. It is amazing that people think they can get away with not having this.
Some noble Lords will have met the people doing the R&R, who told us what is going to happen with the restoration of this building. My first question to them was, “And what are you doing about fire extinguishers, fire monitoring, and extinguishers in the roof in particular, after Notre-Dame?” They said, “Well, that will come later, when we’ve decided what to do and started the work”. We all know that the most likely time for an old building to catch fire is when the contractors are in. That probably applies as much to lets registered or unregistered with the local authority as it does to this place—which we all love, of course.
In supporting all these amendments, my final comment, therefore, is that it is going to cost local authorities money to do these things. We know that. They must have the money and be allocated the money, and they must be able to spend it on what they like. Everybody will then think that this is all fair and above board, and they will sleep better in their beds at night.
Lord Stunell (LD)
My Lords, I am speaking as a former member of the Built Environment Committee; I was a member when the committee’s report was drawn up. I thank the chairman, the noble Lord, Lord Moylan, and his committee clerk for sending me a copy of the letter received by the committee this week, I understand, from the Minister who has accepted responsibility for this issue. It is, as it turns out, the Minister from DCMS. Before I go any further, I say that in a previous debate it was extremely frustrating for the Government Front Bench to reply, “Well, that was a matter for the Department for Transport”, and for no answer to be forthcoming. I hope we will not get into that dead end today, because this is a significant set of amendments on a significant proposal in the Bill. As this debate has already made clear, it has a very clear crossover into the housing market and the availability of housing in many areas of the country.
When the committee commenced its inquiry, it consisted of members with a very wide range of views—from those who had an extremely free-market approach to the housing situation and believed that the market would determine it, to those at the other end who thought that the best solution to our housing problem was a state allocation system. So, we had a very wide range of views in the committee, but we received such convincing evidence during the inquiry that it was not that difficult for us to produce a consensus report. The amendments in the name of the noble Lord, Lord Moylan, are very much exploring with the Government their response to the committee’s report, and I have signed Amendment 441 in particular. The Government’s wording in the Bill is that the Secretary of State can propose regulations “requiring or permitting” local authorities to do something, but the amendment would delete “requiring” so that the Secretary of State’s regulations can only be about “permitting” them.
I am also privy to what my noble friend Lady Thornhill would have said if she had not tested positive for Covid yesterday: “My first major concern is that there are several ‘may’ or ‘must’ statements in the Bill, which could either require or permit action, and there is a world of difference between the two. We are being asked to agree a general principle and accept that there will be additional shorter consultations to bring forward a set of regulations on the details of how such a registration scheme would operate.” My noble friend Lady Thornhill shares my aversion to the Government having unfettered power and, on this occasion, even being able to restrict the time for consultation. The noble Lord, Lord Moylan, has spoken about that. I hope that the Minister, despite being from the wrong department, will be able to tell us what the outcome of that consultation process was.
Baroness Bloomfield of Hinton Waldrist
I will be coming to that in a moment.
Finally, I turn to Amendments 445, 445A, 445B and 447, tabled by the noble Lord, Lord Foster of Bath. These amendments concern the detail of how the registration scheme will operate, particularly in relation to data sharing and the safety of properties. These issues will indeed be explored in the consultation, and a registration scheme will be designed to ensure that all providers of short-term lets are aware of their legal responsibilities to ensure health and safety in their properties. Infrequent use should not mean that short-term lets do not need to meet safety standards, but that issue will be considered in much more detail in the consultation.
The shape of England’s guest accommodation landscape has changed greatly over the past 15 years. Online platforms have enabled greater choice in accommodation for holidaymakers and have brought many benefits to the tourism sector. This proliferation of a new type of guest accommodation has, however, been unregulated, which has prompted concerns including on safety, as my noble friend highlighted. We want to ensure that England continues to provide a safe and competitive guest accommodation offer, while also supporting those who live and work in our local visitor economies.
That is why the Government launched a call for evidence on this topic, as an important first step in understanding how we can ensure we continue to reap the benefits of short-term lets, while also protecting holidaymakers and local interests. This initial call for evidence, which ran between June and September last year, was indeed led by DCMS, as it follows on from previous work that that department did, as short-term lets are an integral part of the UK visitor economy. A report on that call for evidence will be published at the same time as the consultation on the registration scheme, this summer, and I reassure noble Lords that both departments are working together closely because of their shared interest in the scheme.
It has become clear from the call for evidence process that there is a compelling case for introducing light-touch regulation in this sector, and that is what we are intending to do through the Bill. The Government are also introducing a registration scheme for short-term lets through the Bill. The details of how the scheme will operate will be explored through a public consultation, which will be published before this year’s Summer Recess with a view to the register being up and running as soon as possible thereafter. The consultation is intended to flesh out many different aspects of how the scheme would operate, such as what information would be collected, who would administer the scheme, which requirements should be satisfied as a condition of registering and whether any fees would be charged; it will also cover any enforcement powers, which were asked about by an earlier contributor to the debate.
The important matters on safety that noble Lords raised—
Lord Stunell (LD)
I appreciate what the Minister said about enforcement. It was in fact me who talked about that—not my noble friend Lord Shipley, as was widely said. Enforcement is vital because without it, the scheme becomes a dead letter. Making sure that any costs or fees take adequate account of that is quite important.
Baroness Bloomfield of Hinton Waldrist (Con)
The noble Lord has made that point well and I will certainly take it back to the department, which will take note of it.
Regarding a precise time definition for short-term lets, it is not the length of time but the activity that is important. In essence, the definition of a short-term let is a dwelling used by a guest, in return for payment, that is not the guest’s main residence
The noble Baroness, Lady Taylor, asked whether the planning changes that the Secretary of State referred to are the subject of the planned consultation on a short-term let use class, as discussed by this Committee on Monday. I recognise that a number of the questions asked by noble Lords will be answered only by the consultation process. However, I hope that, in the meantime, I have been able to offer at least some reassurance; I therefore ask the noble Lord, Lord Foster, to withdraw his amendment.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsMonday 20th March 2023
(1 year, 8 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-VII Seventh marshalled list for Committee - (20 Mar 2023)
Lord Stunell (LD)
My Lords, I have given notice that I think Clause 77 should not stand part of the Bill. I thank the noble Baroness, Lady Taylor of Stevenage, for her helpful introduction and explanation of the situation. This is a clause which is out of place in the Bill in the first place, but, more to the point, assuming that we will have to consider it, this is a clause in search of a problem and I cannot find out what the problem is.
If you turn to the impact assessment, the very first questions posed by every impact assessment are: what is the problem under consideration, and why is government action or intervention necessary? The impact assessment for this Bill is 101 pages long; I may not have been a very diligent reader, but I could not find any reference in it to this clause. It would appear that the Government have not answered the question in an impact assessment of what the problem under consideration is and why action is necessary. That has not stopped us getting a clause which is 67 lines long and covers two pages. It has not stopped us getting Schedule 5; I do not suppose too many noble Lords have ploughed through Schedule 5, but what it does is repeal the existing powers that there are for councils to change street names.
So I am none the wiser. Is this clause here to enable residents to change an unpopular street name in the face of a recalcitrant council that will not shift—perhaps they live in Savile Row and the word Savile has dropped out of favour and needs to be changed, but the council will not hear of it? Or is it here to prevent councils introducing an unpopular change that residents oppose? Putting it another way, is the target councils that insist on changing street names or councils that refuse to change street names?
One way or another, I was an elected representative for 37 years on various councils and at the other end of this building and never, in all my time, did I come across a case where either of these things obtained. I did come across cases where people wanted to change names or the council might think it was a good idea to change names. There was a straightforward discussion and consensus reached as to whether it should or should not happen.
Lord Stunell (LD)
My noble friend suggests that Raspberry Close might be what we have as a future name. This provision illustrates everything that is wrong about the Government’s approach to levelling up and this Bill. First, it removes an existing power of councils to do exactly what the Government say they want to control. It adds bureaucracy and cost, and it puts in a new procedure which is not needed at all but, just to be clear, is a centralised new procedure. The word “regulation” appears eight times in 42 lines.
It is a make-work clause for people in Whitehall. It serves no practical purpose, but it goes down to the smallest detail in the text. For instance, Clause 77(3) states that, the name having been changed, a local authority may put up a sign. That is a pretty good point; I am glad they did not overlook that. What kind of sign? Well, it can be “painted or otherwise marked”. Yes, that is another good point. I am glad they did not overlook that. Where can it be put? It can be put on
“a conspicuous part of any building or other erection”.
Is this not getting down to the absolutely absurd? Of course, at first I was worried that trees were not included in the places where you could fix a sign—but then I realised that the Minister would tell me that trees will be covered in regulations. In fact, the whole clause is covered in regulations. The whole Bill is covered in regulations. The only consolation I get out of this is that we have not yet been given the department’s list of approved street names—but possibly the Minister will tell us that that is going to come on Report.
This is an unnecessary clause: it is poorly drafted and dripping with red tape and the Minister should take it out of this Bill and let us focus on the real task of levelling up, to which it contributes in no way at all.
Baroness Bennett of Manor Castle (GP)
Well, my Lords, follow that. After that devastating forensic analysis explaining exactly why Clause 77 should not stand part of the Bill, I rise briefly to add a couple of additional points to the arguments just presented. I very much agree with the noble Lord, Lord Stunell, that this clause should go altogether, but I also understand that the noble Baroness, Lady Taylor of Stevenage, is trying to ameliorate the mess to some degree. But I think it is clear that getting rid of the clause altogether is by far the best option, and I note that the Local Government Association has expressed its concerns about it.
I want to add one case study, one piece of analysis and one warning for the Minister and the Government in general. The case study concerns what has happened not with a street name but with a similar story in Stroud. There is what has been described as “an offensive racist relic” clock that glamorises the slave trade. When this became an issue, the council started an eight-week consultation. Some 1,600 people in a town with a population of 13,500 responded to that consultation; 77% said that the clock should be taken down. This is an interesting case study. One issue is that the clock is on a building owned by a trust. It is possible that the Secretary of State may have to be referred to on whether the trust is allowed to have this clock, which the people of Stroud have expressed their desire to see removed. This is my cautionary warning to the Government and the Minister. Do Ministers really want to get tangled up in these stories and issues?
Maybe they do, which brings us to the question asked by the noble Lord, Lord Stunell, about the purpose of this clause. It would appear that the purpose of the clause is that Ministers can be seen to take a position; that is surely a very bad reason to write law. The other case study warning, which has not been mentioned here but should be, concerns Bristol and the Edward Colston statue. That was a demonstration of what happens when public opinion is not listened to and when there is a strong clinging to tradition. As other noble Lords have said, times have moved on and things put up in the past are now offensive. People will take things into their own hands. It is clear that these are local issues that should be decided at a local level, and the Government really should not be sticking their oar in.
Lord Scriven (LD)
My Lords, I rise briefly to continue the absurdity that my noble friend Lord Stunell spoke about. Clause 77(6) says:
“An alteration has the necessary support for the purposes of this section only if … it has sufficient local support”—
so one needs to determine what is “sufficient local support”—
Lord Scriven (LD)
Indeed. It continues
“where it is an alteration of a specified kind, it has any other support specified as a pre-condition for alterations of that kind.”
We then move on to Clause 77(7) and, as my noble friend Lord Stunell just said from a sedentary position, it seems to be in the regulations. It says:
“Regulations may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations.”
These regulations should make provision for a referendum and, according to Clause 77(8)(a), should specify
“the conduct and timing of a referendum and who is entitled to vote”.
So it may not be the whole street; it may be part of the street, the street next door or a few streets next door. Clause 77(8)(b) goes on to say, interestingly, that the regulation may say that it may not be a 50:50 percentage split, or 51%. It says that the regulation will set
“a specified percentage or number of those entitled to vote in the referendum”
and
“a specified majority of those who vote indicate their support for the alteration”.
Clause 77(8)(c) goes on to say that, following the first voting event, at another specific time, through regulation, a second vote could be held, or it could be determined that it could be part of the street or the whole street that then gets voted on in a second referendum.
I totally agree with my noble friend Lord Stunell: this is a most ridiculous clause. It should not stand part of this Bill. It has nothing at all to do with localism. The 1907 Act allows exactly for a street vote to take place if it is required. It seems that the right honourable Oliver Dowden MP in the other place let the cat out of the bag on what the issue is. I do not think it goes back to Nelson Mandela, but to a four-letter word: “woke”. Oliver Dowden said recently that this should stop people getting rid of historical names and putting in “woke” names.
This is a culture war in a Bill; it should not stand part of the Bill. It is not a problem that has been defined. The 1907 Act already determines that this can take place. Doing this through centralised regulations in such a prescriptive way is not what levelling up or devolution are about.
Levelling-up and Regeneration Bill
Lord Stunell ExcerptsMonday 27th February 2023
(1 year, 8 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-III(b) Amendments for Committee (Supplementary to the Third Marshalled List) - (27 Feb 2023)
Lord Stunell (LD)
My Lords, it is late. I will try to be quick. I want to pick up what the noble Earl, Lord Lytton, referred to as “operation blank cheque”. The bit of the Bill that we are looking at here and that my amendment refers to is described in a sub-heading as “Functions of CCAs”. It consists of 15 clauses, 11 of which start with:
“The Secretary of State may by regulations make provision”.
What is different about the other four? Well, in those, the same words appear but they are not the first words. The problem is that there is a concept, an idea, floating around, but with such a lack of precision that it is extremely difficult to pin down what we will get at the end of the day. My Amendment 116A amends Clause 30, which does indeed start with:
“The Secretary of State may by regulations make provision”
and deletes subsection (4), which would suspend the operation of political proportionality.
I very strongly agree with all the other speakers in what has been said so far and support their amendments, but regarding this amendment, what is Clause 30(4) designed to achieve and why should it achieve it? The Local Government and Housing Act 1989 was not actually the original legislation. There was some preceding legislation introduced by Mrs Thatcher, who was fed up with Conservative councillors in opposition complaining to her about another large party, which shall be nameless, taking not just majority control but complete control of the committee system. That led, in their view, to serious injustice. Mrs Thatcher was persuaded of that point and the rules were introduced. Liberal Democrats at the time were strongly urging the same course of action. It was designed to stop an undemocratic abuse of majoritarian rule.
There would have to be a strong reason for suspending that in this arrangement. It will be a complex situation. We have enough experience here to know that getting a group of district councils and a county council together is not an afternoon’s walk in the park but a complex job, and the last thing that anybody needs to upset that applecart is the idea that there will be unfair or disproportionate representation, or “My council’s view is going to be squeezed out because of a distortion in the system.”
Others have spoken eloquently about that, but I just want to pick up the point about associate members. These are the individuals who can be appointed to join what are joint committees. This clause relates to the constitution of joint committees. It will have county councillors and district councillors. It may have associate members and they may have a vote in certain circumstances. The noble Earl, Lord Lytton, pointed out that there is no limitation on who that could be.
We used to have an institution called aldermen. The majority party would appoint a sufficiently large number of its supporters to ensure that it never had any difficulty in the chamber in passing its budget or anything else. Quite rightly, the institution of aldermen has long since been consigned to the dustbin. However, we have got it back here, with associate members. It will be explosive if you mix that in with the complexity of getting district and county councillors around a table taking decisions.
My question to the Minister is: in what circumstances could doing that enhance the Government’s proposal for CCAs? It is one of the many occasions when Ministers decide the regulations, but there is no indication of what factors are to be considered which might justify having any confidence in this proposition. Should not the factors that the Secretary of State considers at least be in the Bill; for example, “The Secretary of State cannot exercise Clause 30(4) unless the following conditions are complied with”? The noble Earl might like to suggest those conditions, those limitations or constraints, because on Report, I would want to include them in an amendment.
Of course, this is not the only clause that I might have made this amendment to: Clause 28(5)(f) is another where proportionality is being suspended—or may be if, at his complete discretion, the Secretary of State decides to do so. I want to hear what the Minister has to say about why he thinks that it is necessary or even slightly advantageous. If he has a plausible reason for that, will he go on and accept that it has to be codified or constrained in some way? If he cannot do any of those things, will he please accept my Amendment 116A and delete subsection (4) from Clause 30?
Baroness Pinnock (LD)
I will not speak for long. This has been a very important debate, and very positive: across the Chamber, Members are in agreement that we need clarity from the Government about what they are proposing regarding the constitution of the CCAs.
There is one element that has not yet been raised. Where the constituent members are not equal in size, is that to be reflected in the constitution of that particular CCA? I will give an example that was raised in earlier groups. I asked the noble Baroness, Lady Scott, about Devon. It has a county council; Plymouth is a unitary, as a city; so is Torbay, as a unitary district. Those three are very different in size, population and economic geography, which we talked about earlier. Are they equal members with a similar number of voting rights? As the Bill says, they can each nominate at least one, but will there be an expectation that they be proportionate to their size and responsibilities? That is not clear and needs to be clarified by the Government before we get any further.
Then there are the non-constituent members. I agree wholeheartedly with Amendment 71 from the noble Lord, Lord Foster: the easy way forward is to say that district councils are democratic bodies within the CCA and have a right to be full members. As I have said just now about constituent members, CCAs can and will have to decide proportionality, and they could do that with regard to the districts. It makes good sense.
Frankly, as somebody who has spent most of my life as an elected person, I find it insulting that a democratically elected body such as a district council is aligned with other non-constituent bodies and put in the same category as local business groups, chambers of trade or trade union bodies, which are not elected by the public. I can see why you would want other groups to be associated with the CCA, but, if they are not democratically elected and therefore democratically accountable, they should be in a different category.
This leads me to associate members. I personally think that they should not exist and I shall leave it at that. Why should they? Somebody tell me. Get individual, unaccountable to anybody—nobody needs to know who they are; perhaps they are somebody’s mate—on there to stuff the numbers the right way. It is just not acceptable.
Earl Howe (Con)
I think the answer to that is yes. CCAs can distinguish between associate members in that way. But they would need to justify to themselves why they were according that difference of treatment. Circumstances would dictate a different course in different circumstances.
I come back to saying that the CCA may wish to maximise the input of associate members by allowing—
Lord Stunell (LD)
I appreciate the Minster’s reply, but if I could press him a little more, does he see any way at all in which we could differentiate what he is suggesting from the traditional role of the aldermen?
Earl Howe (Con)
The noble Lord, Lord Stunell, has stumped me there. As I am not totally familiar with the role of the aldermen, and I am sure he is, I had better write to him on that point, if he will allow.
The point I was seeking to make is that the CCA would in some, if not many, circumstances want to maximise the input from associate members by allowing in certain circumstances those associate members to vote on such matters. The amendment would prevent that happening and could risk undermining the combined county authority’s ability to work in collaboration with local experts who can contribute positively to the working of the CCA.