Housing and Planning Bill Debate

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Tuesday 22nd March 2016

(8 years, 9 months ago)

Lords Chamber
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Moved by
89LA: After Clause 135, insert the following new Clause—
“Lee Valley Regional Park Authority
In section 48 of the Lee Valley Regional Park Act 1966 (precepts), after subsection (11) insert—“(12) No precept or levy shall be imposed by the Authority or be payable to the Authority under this section unless the council or London Borough concerned has in its annual budget resolutions assented to the imposition of such a precept or levy by the Authority and specifically approved that levy or precept by a majority on a recorded vote.””
Lord True Portrait Lord True (Con)
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My Lords, before moving this amendment, I hope that the House will not mind if I, too, express my shock at the news about the noble Lord, Lord Kennedy of Southwark. Not only by his charm and skill at the Dispatch Box has he won our affections but, as leader of a London authority—I declare that I am, too—I know that he is respected in local government across London. I hope that other noble Lords will convey to him what I know will be the best wishes of every London borough leader for a speedy recovery.

In introducing this amendment, I make it clear that I do not wish to press it in its present form. It is a probing amendment. I said earlier in these proceedings that it is in some ways a provocative amendment. I would not press it as there is a risk that it might make the Bill hybrid, among other things, but also because the solution will not be the solution proposed in this amendment. However, I believe that the issue needs to be aired. I know that it has not pleased the Lee Valley authority; because its lobbying efforts are poorly directed, I have quite a little dossier of material that it has sent out to various people asking for the status quo to be defended.

The Lee Valley Regional Park Authority runs what is a 26-mile long linear park running from Ware in Hertfordshire to the East India Dock. It was set up under legislation passed in 1966 and started in 1967. That is, frankly, another world—remember England as World Cup winners, Harold Wilson at No. 10 and the young Leonid Brezhnev thrusting his way forward in the Soviet Union. Since then, in those 50 years, a lot has changed. The area has been transformed by the staging of the 2012 Olympics and from those Olympics the Lee Valley authority received a legacy of the Olympic velopark, the only site in the world that brings together all four Olympic cycling disciplines. It was lately the site of the world’s cycling championships, which I saw reported to have been before sell-out crowds with a global television audience—a venue claimed on the LVA’s own website to be,

“a jaw-dropping events space … in the super league of London’s … venues”.

It has the Lee Valley Hockey and Tennis Centre, another Olympic facility, which will stage the Women’s Hockey Champions Trophy in June with finals-day tickets priced up to £62.50 a throw—they have already sold out—and with indoor tennis courts at £20 an hour off peak. It has the Lee Valley White Water Centre, another Olympic venue, offering corporate half-days at a minimum of £164 per person and the self-proclaimed state-of-the-art Lee Valley Athletics Centre. There is the Lee Valley Ice Centre, home to two ice hockey teams, and the Lee Valley Riding Centre, with stables offering full five-star livery services for £10,000 a year—not exactly a service for London’s poor. There are two golf courses, two boating marinas, two large camp and caravan sites, six heritage sites, a sports ground complex, seven parks and wetland sites and 1,400 hectares of land and water resources. In addition, the authority runs two farms which the accounts say feature £250,000 of “biological assets”—dairy cattle to you and me. I am surprised that the TaxPayers’ Alliance has not cottoned on to that one.

According to the 2014-15 accounts, not one of those assets made a profit, apart from a princely £17,000 from the Lee Valley Boat Centre. Even netting out the £1.9 million cost of leisure management services and ignoring the losses on tourism services reported in the accounts, these facilities cost £35 million to run for a gross income of under £12.5 million. The authority had eight staff with packages of over £100,000 a year and a director of communications paid some £73,000, who, it seems, lifts the phone to the lobbying firm some of us have heard of, London Communications Agency, whose fee I cannot find disclosed in the accounts, although I note from its own website that the agency’s chairman boasts Lee Valley among the prized accounts that he handles personally, along with Chelsea Football Club. I doubt whether London’s council tax payers get that PR service cheaply. In short, here is a large public sector body sitting on immense resources and losing money on them. There is no reason to think that any of these vital sporting and environmental assets would be threatened by reducing or ending the LVA planning rule or by better or changed management or a plan to bring the thing into balance.

The fact is that were these prize assets subject to any other public local authority, we would be expected by the Front Bench and taxpayers alike to be looking for a way to balance the books fast by outsourcing, raising income or cutting costs. It defies belief that such a massive and diverse portfolio as I have described needs a huge public subsidy. Instead, because the LVA has a residual planning function and a legal right in carrying out its park and planning duties to precept 32 London boroughs and councils in the counties of Essex and Hertfordshire, including Thurrock Council, it has a captive subsidy and therefore relatively little incentive to be efficient. It simply posts a bill to taxpayers, often an hour or two away from its facilities, to pay for half of all its activities—£10.8 million in precept. Formal break-even targets are vaguely spoken about but are far away.

Looking at some of the typical levies, Bexley’s levy of £230,000 would not cover the authority’s advertising budget and Kingston’s levy would not cover the cost of its chief executive’s pay package. There is no relation between the levy and performance, benefit or usage. It is simply a tax—taxation without representation—for many London authorities that pay the lion’s share, have few visitors to the park and no representation on the board, while other districts that pay nothing do. My amendment would introduce accountability by ensuring that the Lee Valley Regional Park Authority had to prove its worth and competence in order to win payments from willing, not captive, councils. It asks that a proposal to support the Lee Valley Regional Park Authority be put on the same basis as any other budget proposal put before a council.

I recognise, as do all those authorities unhappy with this archaic system—and I have been encouraged by many other London local authorities and Essex County Council—that in the real world that is unrealistic. However, it reflects a legitimate end-result aspiration, so by raising this issue I ask instead that we might look at reform. I hope that my noble friend may be prepared to consider addressing this issue and launching a swift consultation with the Lee Valley Regional Park Authority and all others concerned to find a better and more equitable way forward to ensure financial stability, phase out the subsidy from the precepted planning authorities and safeguard the regional park’s assets. It has to be unwound in a way that protects the existing precepting authorities and does not leave the riparian authorities on their own paying for it. At a minimum, we might seek a taper of the precept leading to abolition, perhaps over a four-year period in line with the four-year settlements being sought.

There may be many ways in which we can achieve that. We need to understand why the authority loses so much on so many facilities, why more income per head is not raised and why we cannot work better. Above all, this archaic precept, which may once have served well, needs to be addressed and progressively removed to bring a worthy 20th-century authority into the modern world to manage effectively and to preserve the important 21st-century facilities that it has in its charge. I beg to move.

Lord Tope Portrait Lord Tope (LD)
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My Lords, it is a pleasure to be back in harness with the noble Lord, Lord True, on matters of mutual interest to south and south-west London boroughs. I am grateful to him for his quite lengthy explanation. I will try not to repeat much of what he said but to add to it. I am glad that he started by suggesting that the solution suggested in his amendment might not be what happens in the end. That is probably right and partly why I did not add my name to it.

I first came to this problem when I became leader of a London borough council, coincidentally at exactly the time that the GLC was abolished. When the regional park was established in 1966, it was funded by the Greater London Council and paid for through the precept on all London boroughs to the GLC, not to the park authority. It was brought to my attention in my first year as leader of a London borough council when suddenly we found that we had a precept to a park authority, the existence of which we were only vaguely aware of—I must confess that at the time I thought that the park was in Essex, although as the noble Lord, Lord True, said, it is not—and that we were going to be paying several hundred thousand pounds to this authority right across London. I inquired how many visitors from Sutton—my borough—went to the park and was told that there were fewer visitors from my borough, which was paying several hundred thousand pounds that year towards it, than there were from Northern Ireland. This has been a thorn in the flesh for the past 30 years, at least, and continues to be so. It gets raised on a number of occasions—the last occasion I remember was during the passage of the Localism Bill—always by ingenious methods such as that which the noble Lord, Lord True, has devised today, for which I am grateful to him.

This has become a little more important now not only because of the financial pressure on all local authorities, including the London boroughs, but because whereas 50 years ago, when the Lee Valley Regional Park was established, there was only one regional park in or partly in London, now there are three. There is the Colne Valley Regional Park, a relatively small part of which is in London, and the Wandle Valley Regional Park, which is wholly within Greater London and which covers the boroughs of Wandsworth, Croydon, Merton and Sutton. It was established a few years ago, not as a statutory authority but as a trust, and at that time I was one of the trustees. It has no funding stream. It has been funded in recent years, to the extent that it has been funded at all, by voluntary contributions from the four Wandle boroughs, as we call them. Rather than keeping the money that we obtained by Lee Valley’s reduction in precept, we chose to pass on that discount or reduction to help to fund the Wandle Valley Regional Park.

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Lord True Portrait Lord True
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My Lords, I am partially encouraged by what my noble friend says, but I am also discouraged. I assure him that I do not speak on an individual basis; indeed, the House has heard from the noble Lord, Lord Tope. Many authorities—I named a large number of them—wish this matter to be addressed, are ready to address it and have sought to address it on many occasions, as the noble Lord, Lord Tope, said. No authority can hold a veto on these discussions, including the Lee Valley itself. I heard what the noble Lord, Lord Campbell-Savours, said and, frankly, I do not think that councillors should be running commercial facilities, or facilities directly, at all. I am not troubled in any way by what he said about a Conservative councillor being the chairman. He should be doing a better job, in my judgment.

I shall look very carefully at what my noble friend said, but this nettle really needs to be grasped. It is not good enough for the noble Lord, Lord Harris, to say, “Don’t rock the boat”. The so-called reductions are 2% a year; there are authorities across this country being asked for reductions of 25% to 35%. With the facilities that that body now has, it can and must do better. All I am asking for is an agreed programme over a period of years moving towards financial equivalence.

I shall study what my noble friend said, but it would be disappointing if this did not lead to some concrete, active and swift discussions. I beg leave to withdraw the amendment.

Amendment 89LA withdrawn.
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Lord Beecham Portrait Lord Beecham
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My Lords, I hesitate to disagree with my noble friend because I entirely agree with him that the price of land is a significant issue, and it has risen to an unconscionable extent in recent years. However, I do not think that is a good enough reason to acquit the industry of poor design and poor building. Good design and well-built properties are not incompatible with a reasonable price, even allowing for the undoubted problems of land prices. I am afraid that volume builders over the years, when prices were not as high, have not produced good-quality properties, paid little attention to issues such as energy conservation—never mind the aesthetics. My noble friend is being overindulgent towards the industry while making a very valid point about land prices.

I hope the Minister will think about the land price issue. My noble friend Lord McKenzie muttered the words “Develop land tax” to me as I rose, and that is not a bad idea, to be reverted to. That apart, I hope she will stress the need for good design as part of the Government’s approach to housing and part of their interest when looking at the technical side of permitted development. I would not like to see carte blanche given to the kind of builders who put up pretty depressing properties, as the noble Duke, the Duke of Somerset, referred to before. We should not give them any excuse. They should be made, in the context of the new system, to provide aesthetic quality and energy-efficient quality, among other things, as part of the deal.

Lord True Portrait Lord True
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My Lords, we are reserving remarks about the register until later, so I am puzzled about the register and the point of it and what we will actually do with it when we as a local authority have it, as I said earlier. I agree with what has been said about design, but I also hear what has been said about sustainability. The only thing I would say is that some of the ugliest properties that I have ever seen passed the highest sustainability tests—the wonderful eco-house that is completely jarring in its setting. There are tensions between design and sustainability. That of course leads me back to local rather than national determination. We have to tease out some of these things before putting them in the Bill.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, turning first to Amendments 92C and 97B, I fully understand the desire of my noble friend Lord Rotherwick to protect land which is an important part of national infrastructure, including the network of aerodromes, in which I am aware the noble Lord has a particular interest. I will briefly set out why adequate protection for these sites will remain without the need for the amendments proposed.

To be clear, Clause 136 will enable permission in principle to be granted on sites that local planning authorities, parishes and neighbourhood forums consider to be acceptable in line with local or national policy. The National Planning Policy Framework is very clear that, when planning for airports and airfields, they should take account of their growth and role in serving business, leisure, training and emergency needs. Therefore, if a local authority considers that a site is not suitable for housing-led development in line with national and local policy, it need not allocate it for such use in its local plan or go further to grant it permission in principle.

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Baroness Morris of Bolton Portrait The Deputy Chairman of Committees
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My Lords, if Amendment 97D in this group is agreed to, I cannot call Amendment 98 for reasons of pre-emption.

Lord True Portrait Lord True
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My Lords, I will be brief and I will not repeat the rather impassioned speech I made another day on why these wretched registers cannot be more dynamic and give local authorities a bit more power and action to get on with the job.

The thing I am rather curious about is: what happens as time progresses? If we are to list on a register land that is said to be suitable for housing and over time there is a great demand for free schools and population growth in urban areas—it is very tight—the local authority might look at that and say, “Well, actually, that could be a school. That might be better than what we were thinking of before as housing”, and might want to delist and deregister. Once it is on the register, in a sense it acquires a “resi-value” because it is listed there as being for housing. But planning is dynamic and evolving.

I do not necessarily expect my noble friend to answer now, but I would like to know how these clunking registers are manoeuvrable when local needs and priorities change—or is it that once it is there for housing, it has to be housing for ever and we just have to get the numbers? Where is the flexibility in changing?

Baroness Young of Old Scone Portrait Baroness Young of Old Scone
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My Lords, perhaps I may comment on Amendment 97C, tabled by the noble Lord, Lord Greaves, in which he quoted the comments on “specified” and said that it was a nonsense. A lot of this, alas, arises from the fact that so much of the Bill is going to have to be made flesh in subsequent secondary legislation. We now have available in the Printed Paper Office the outline of the subsequent secondary legislation that is being planned by the Government, including the timetable for consultation on it and when it will be brought before this House as regulations. Some 34 separate pieces of secondary legislation are envisaged, which will come before your Lordships’ House but not, may I say, until the autumn. So we are, regrettably, in a position where we have to buy a pig in a poke on many occasions. I sympathise with the noble Lord, Lord Greaves, that new Section 14A(6) appears to be the sort of nonsense that pigs in pokes produce.

While I am on my feet, I should say to the Minister that I am still looking for my flow chart. It is not in the Printed Paper Office.

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Lord True Portrait Lord True
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I am grateful to my noble friend for agreeing to write but I am worried about the regulatory burden on local authorities and I wish this to be considered. In the Explanatory Notes there is potentially a register of small sites for self-build and custom housebuilding. There is a register of brownfield land suitable for housing which meets the prescribed criteria. There is another register of land which the local authority thinks might be suitable for permission in principle. There is a further possible register of land that the local authority considers suitable for housing development but only capable of four dwellings or fewer. I have not gone through it in further detail.

We have heard the Minister’s presentation of the various things that will be required. The Government want to monitor whether their manifesto commitments are being fulfilled. Is there going to be reporting back, forms, et cetera? We are going to have regulations about consultation. But who is going to do all this? We will come on later to discuss planning fees. We cannot afford to keep fully stocked planning departments and offices doing all this. I do not expect an answer now but I beg my noble friend with her officials before Report to give us a clear view of the burdens that are going to be imposed on local authorities, because the more I listen, the more there seem to be.

Lord Stunell Portrait Lord Stunell
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I fully understand that the Minister is going to write to us but if she could give us a hint about whether or not public service buildings, schools and clinics are included in the housing-led concept at this stage, that would be really helpful.

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This territorial application is to England only and not to any other part of the country. Are the Government having any conversations that might take this more widely in other devolved Administrations? Is there any retrospective or transitional element to the guidance? Where relevant permitted developments have been granted in the three-year trial period for when protections for noise were not provided, would venues be entitled to pursue compensation if forced with closure if residents complained once they move in? There are some welcome elements, but there is still some uncertainty surrounding what is proposed and I look forward to what the Minister has to say. I beg to move.
Lord True Portrait Lord True
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My Lords, I also have amendments in this group, although they are unrelated, but I will speak to them now so as not to delay the matter. I hope that I will not test the patience of my noble friend the Chief Whip, but we have had a reasonably lengthy speech. I am about to speak about a matter of fundamental importance so far as my local authority is concerned to people who live there and other local authorities in the London area. It concerns a grave injustice that is being carried out and I intend to pursue a remedy, come what may, in your Lordships’ House. I hope that that will not be necessary and that the Government will listen.

The amendments relate to a specific issue, which is the impact of the proposal pushed through in 2013 to allow the automatic conversion of offices of B1 use, to use the jargon, to be converted to residential C3 use without full planning permission. At the time, many local authorities in London asked the coalition Government not to proceed with this step. I remember some testy meetings at the time, but of course the man in Whitehall knew best. We were told we could pass so-called Article 4 directions. We have explained now and many times since the problems of Article 4 directions, but again, the man in Whitehall knew best. We reminded Ministers of the principle of localism and not imposing a one-size-fits-all policy across the country but to let local authorities decide what was beneficial or damaging to the local economy. But I am afraid, again, the man in Whitehall knew best and the order was imposed in 2013 allowing automatic conversion of office to residential use.

Under the procedure, councils’ residents and office workers—the people who work there—cannot object to these changes, except on the limited grounds of flooding, contaminated land and traffic. There is no consideration of the impacts on employment or on patterns of commuting. There is no requirement to meet space standards. There is no distinction between offices that are occupied and those that are not, and absolutely no provision for affordable housing, which is what the Bill is supposed to be about, among other things.

What has happened since in high-value residential areas such as mine? It was entirely predictable; we predicted it at the time. The consequences, at first sad, are now immoral and, for some families, bordering on the tragic. I will take some examples from my borough, but the London Councils brief shows that there are problems in many parts of London. Developers, driven by greed and with no social obligation, are asset-stripping high streets for housing, without any contribution to schools, transport or health. There is profit for the developers; the community picks up the ancillary cost.

By autumn 2014, Richmond Borough alone had lost 56,500 square metres of offices—almost 20% of the space in our borough. By April 2015, that had risen to 25% of office space, despite the attempt to contain this with Article 4 directions. The latest figure I have is of 234 prior approval applications granted, with a loss of almost 30% of our office space. I have to hand information on 143 of these prior approvals. Of them, 61 were empty. They are cases where a council such as mine would probably have given permission anyway, but with a social contribution from the developer. Some 22% of the offices turned into homes were partly occupied, and 50 offices, with nearly 15,000 square metres, were fully occupied. Yes, we are told that 189 residential units may come from those, but at what cost? Businesses were given notice or wound up, with no opportunity for succession, for the sake of a quick buck for the developer.

This bleeding of employment space is creating bottlenecks of supply in various parts of London, as the London Councils report indicates. Potential sites for free schools are being lost. The Government are cutting off their nose to spite their face: the policy means that the Education Funding Agency has to pay above odds to buy “resi-value” offices. At a recent public meeting I held, a doctors’ practice wishing to expand to serve new residents moving into new homes in the area complained that it cannot now find space in the area because the offices that they had in mind are being converted to houses. In our council’s latest business survey, 20% of businesses with between six and 10 employees said that they found it hard to find premises. The gearing between residential and office values in Richmond is up to £4 of residential value for every £1 of office value. It is a no-brainer for those after quick money: double your money, double it again and catch the plane to Bermuda, with not one penny in compensation to those who lose their jobs or business places, or the communities that bear the costs.

My Amendment 101B in this group, which I will not talk to given the hour, provides for compensation in these cases to those tossed out, and to the community. The quantities may not be right—I will hear an argument from the Government about that—but surely the principle is unarguable.

My borough has the largest number of these so-called prior notifications, but it is a widespread picture of growing damage across London. Well over 100,000 square metres of occupied space—businesses no longer there—have been lost in London. Rents are rising in many areas, deterring investment. Around 7,000 dwellings have been agreed in schemes of 10 units or more across London, which might, in the normal planning process, have yielded nearly 1,000 affordable homes. This way, there are none.

Article 4 could certainly be improved. Councils could be allowed to take into account impacts on jobs; local authorities could be allowed to charge fees. Article 4 directions could apply immediately, without risk of compensation claims, and I support the thrust of Amendment 100ZAZB in the name of the noble Baroness, Lady Thornhill. But ultimately, the answer is two “L”s: localism and listening.

My amendment is about localism—it is not to be prescriptive, but concessive; not to be centralist but localist. It allows those who want the Government’s order to have it and I have been told that, in some areas, it is very welcome and has been very helpful. They can frame the order on the wall of the mayor’s office if they want to, with a portrait of the Minister alongside. My amendment allows an affected local authority to opt out of the order, where it is doing damage, in the interests of the well-being of its community and to protect jobs. What possible rational objection could there be to this, except the “They shall not pass” principle about which I was talking the other day.

When I put down this amendment, I was very disappointed to see that, very shortly afterwards, the Government arrogantly tabled an order making this prior approval permanent, without waiting even to hear your Lordships’ arguments or discussion on this subject. In my submission, that was a shabby way to treat Parliament and this House. It would be possible for this House to pray against that order and sweep away this whole policy. If that happened, it would go where it was wanted and where it was not wanted. In my view, that would be exceeding the proper performance of this House, but it could happen. Or we could take my approach. Let it stay where it is wanted and end it where it is damaging the economy and costing jobs.

I beg my Front Bench and my Government to listen. What morality, what principle, can there be in a policy—a Conservative policy—that puts hard-working people out on the streets, destroys jobs and enriches those who speculate at the expense of those who create? I find that shameful. I cannot explain it to my residents and it is profoundly, morally wrong. I beg this Government to listen and to think again.

Lord Tope Portrait Lord Tope
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My Lords, once again I support the noble Lord, Lord True, in as strong terms as he has spoken to his amendment. I added my name to it for the same reason. Until May 2014, I represented a town centre ward in an outer London suburb and I saw the start of this. As the noble Lord, Lord True, said, it was entirely predictable and, sadly, the predictions have possibly more than come true. I, too, could quote statistics from my borough which are very similar to those which the noble Lord, Lord True, quoted but, at this time of night, I am not going to. I simply say that, in Sutton town centre—the area I represented for 40 years—between the coming into effect of prior approvals and 29 January 2015, when the Article 4 direction took effect, 28% of the office space was lost, just in that 18 months or so. That trend has continued.

One of the many arguments against these indiscriminate prior approvals is that they do not distinguish between occupied and vacant offices. Among the statistics given to me from the research done by the London Borough of Sutton was that 62% of the office space lost in the borough was either occupied or at least partly occupied. There are many other statistics to back it up, but the conclusion given to me by the council—and I am no longer a councillor—says:

“The situation has now reached such a stage that the council’s economic development assessment states that the borough has an under supply of office space for the next 15 years”.

The noble Lord, Lord True, is absolutely right. I will happily join him in his campaign, although I am no longer a London councillor.

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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Yes, my Lords. I am not excluding anything; I am simply making the offer to the two noble Lords who raised this issue quite strenuously, and to any other noble Lords who want to attend. I suspect it is not a northern problem but more of a southern problem, but we can discuss all that in due course.

Lord True Portrait Lord True
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My Lords, I apologise for having provoked a lengthy debate at this time, but it is Committee and one’s only chance to put a case. I illustrated it largely with examples from Richmond, but in the London Councils brief there are examples of problems in Croydon, Islington, Camden and Lambeth, which I do not think are Conservative authorities but are all citing difficulties.

I am extremely grateful to my noble friend, and of course I will gladly take up her offer. I hope that another order will not be laid by her friend at the other end before we can meet, because that was a rather unhelpful prelude to our previous meeting.

Lastly, the Minister can have his bone, because it is the Minister at the other end who is calling the shots, and I can have my bone so that my residents and the residents of Croydon and Lambeth have a bit of security. The order can stand and local authorities can be given the power to opt out within this Bill before Parliament. Everyone can be satisfied; those who want it and those who do not. That is what I put on the table, it is what I will take to my noble friend, and I am grateful for the opportunity to do so. But if we cannot meet on that, I will bring this back to the House.

Lord Clement-Jones Portrait Lord Clement-Jones
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My Lords, I am afraid that even as regards Amendments 99 and 100, the Minister has only a partially satisfied customer. As my noble friend has said, it is important that we look in a rather more granular fashion at some of the points that I have raised, particularly on the retrospective aspects and the difference between guidance and putting this on to the statute book.

I am concerned about precisely the point mentioned by my noble friend, which is the example of the Fleece in Bristol, where the local authority played a perfectly proper role. It took account of the NPPF and so on, but in the end it was the Planning Inspectorate that was the real problem. If the local authority is allowed to consider noise impact and then does so, what is the difference between that and the inspectorate perhaps being free or not to take that into account, and therefore it does not impose the same conditions as the local authority? Would it be different if we had something rather more obligatory on a local authority? Would that impose a higher duty on the Planning Inspectorate in those circumstances, thus avoiding the situation that the Fleece found itself in?

I am rather concerned about how strong this particular guidance is going to be. I recognise that the principle is floating around, but how much of a fix do we have on it in order to make sure that the future of our music venues is protected? I am not going to go any further at this time of night, but I would welcome a fairly detailed letter from the Minister. In the mean time, I beg leave to withdraw the amendment.

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Lord True Portrait Lord True
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My Lords, I have an amendment in this group. It is a very important subject and it is a great pity that it has come up at this late hour. I quite understand why my noble friend wished to move it.

Under Article 4, for example, which is recommended on the process we were discussing earlier, you cannot charge fees in those circumstances. You cannot even charge the prior approval application fee. So in those cases, if we had not had that system, we would have been able to get fees of £380,000, whereas we actually got only £19,000 from all this work—on 234 prior approval cases. I do not want to go over all that again; it just accentuates the problem. I agree with my noble friend. I do not see why local authorities should not be permitted to recover the cost of this service.

In our authority, it costs us £1 million to provide this service. That is money that has to be cross-subsidised. So, in effect, while we are being told that we have to charge up to the level—charging old people full price for their services and so forth—developers and people who want to do extensions do not have to pay. The only people who are told that they must be subsidised are developers. It is in fact a pernicious cross-subsidy from adult social services and other key services into providing a cost on planning that is not the true cost.

This is not the occasion to have a long debate, but it is unacceptable that local authorities are not allowed to recover at least that cost—I would not be as ambitious as my noble friend. This is a matter that we must return to.

Lord Porter of Spalding Portrait Lord Porter of Spalding
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My Lords, I do not wish to drag this out any longer, but I feel the need to support this amendment given that I am the chairman of the Local Government Association and local government nationally is subsidising the planning system by about £150 million a year. As the noble Lord, Lord True, said, to make money on planning is probably a step too far, but we should certainly be in a position where councils are able to fully recover costs. I know that the previous coalition Government gave the first decent increase in planning fees for a long time, but that was a fair while ago, so it is about time someone looked at the way that we are dealing with planning permissions. I add my support to the previous two speakers to ask the Minister to make sure that when she is speaking to her colleagues this is something that is looked at.

It works in the industry’s interest to have well-resourced planning departments. It enables us to do planning permissions in a stronger, quicker way so that the industry benefits. I do not think anybody would suggest that we should make money on this, but we should certainly be able to fully recover the costs.