Housing and Planning Bill

Lord Teverson Excerpts

Tuesday 22nd March 2016 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, I cannot too strongly support the views expressed by the noble Baroness, Lady Parminter, and the noble Lord, Lord Deben. As somebody who has fought to preserve environmental and natural habitats, I know that we are talking about something that can easily become the thin end of the wedge. We should be trying to make it the thick end of the wedge. This country is not that big. As the noble Baroness said, we do not have so many areas that are dedicated to the preservation of wildlife. Very often, if the law is not strong enough—I have seen this happen—developers will march ahead and think, “We can sort this out later”. I could enumerate three or four examples of that. That is why it is so important that the Government take on board these amendments and protect our environment at all costs. Reading through the amendment, I am inclined to say to the noble Baroness, “What’s not to like?”.

[Lord Teverson (LD)]

My Lords, these areas are described in common parlance as brown land or brownfield sites. Although the legislation does not describe it in that way, that is how we normally describe these sites. When we refer to brownfield sites, we think of industrial areas, pollution and sites that are derelict rather than of the very wide variety of sites that would be covered by permission in principle. The essence of this issue is that many of those sites, particularly those on urban fringes and, indeed, in urban areas, probably have a more diverse and interesting ecology than do many greenfield sites, which often comprise monocultures and are not as important in ecological terms or in their value to local communities. This amendment is important as it would protect these designated sites and ensure that they are exempted from the Bill’s provisions.

[Baroness Evans of Bowes Park (Con)]

I thank the noble Baronesses, Lady Parminter, Lady Young and Lady Bakewell, and the noble Lord, Lord Greaves, for tabling these amendments to both the permission in principle clause and the brownfield register. I also thank all noble Lords who have contributed to this short debate. I recognise how important this issue is and agree that the planning system should play an important role in the protection and promotion of the natural environment. I will briefly explain how the permission in principle measure will continue to ensure that the natural environment is both safeguarded and promoted without the need for such exclusions as set out in these amendments—I fear that my noble friend could have written this speech.

I begin by addressing Amendment 92. Clause 136 will enable permission in principle to be granted on sites that local planning authorities, parishes and neighbourhood forums choose and allocate within their plans or identify on new brownfield registers. The aim is to build on the detailed work that goes into plan production to identify suitable sites for particular housing-led development and to grant those that are considered locally to be suitable a level planning consent. This will give increased certainty for local authorities, developers and others that an amount of housing-led development is secured in principle, leaving them to work up and agree the details on the site. This means that the choice about where to grant permission in principle is a local one—as we have heard—reached through involvement of communities, members and statutory bodies. Permission in principle will therefore be granted only where development is considered to be locally acceptable, in line with local and national policy.

If a local authority considers that such sites of environmental sensitivity are not suitable for development, in line with the strong protections for the national environment set out in the national planning policy framework—both noble Baronesses mentioned this—then it need not allocate the site for such use in its local plan, or choose to grant it permission in principle. I should add that where an application for permission in principle for minor development is made to a local authority, it will be able to determine this in accordance with the local plan unless material considerations indicate otherwise. This would be in the same manner as planning applications are currently determined.