Lord True
Main Page: Lord True (Conservative - Life peer)Department Debates - View all Lord True's debates with the Cabinet Office
(8 years ago)
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Lord True (Con)
I will intervene because, technically, my Amendment 123E would be pre-empted if Amendment 123D were agreed. I would be very happy if Amendment 123D were agreed and I support it. I am very grateful to my noble friend on the Front Bench for what she said. Unfortunately, I was away from the internet over the weekend and was in the town hall until the House sat. Otherwise, I would have made it clear that I would have been happy for a number of my amendments to be in this group. It would have been more helpful to the House to have one debate. Indeed, we just have, because the noble Lord, Lord Beecham, spoke with great passion to his Amendment 123, which would leave out the whole thing but which is not, technically, before the House. The noble Lord does not need to repeat that speech on the next group, if such a debate happens.
In Committee, I raised a point which I believe to be fundamental, as does the noble Lord, Lord Shipley. I was grateful for the opportunity to discuss it with the Minister and her officials. The planning system must not be seen by the public to be bought. The Minister has said absolutely clearly that the decision must be independent and taken by the local authority, not taken by or influenced by a paid advocate bought and working for one of the parties to an application. As I always say, good policy has to reflect what happens in real life. In real life, a developer will seek a planning application; many people will object to it. We may not agree with those objections but they will be made, so it will come before a planning committee for determination.
I spoke in favour of an experiment with the private sector, as did my noble friend Lord Porter of Spalding. I do not agree with the comminations from the other side, but my noble friend needs to go just one step further. That is reflected in my Amendment 121E, which comes in the next group. As I said in Committee, a report is tabled at a planning committee with a statement recommending permission or rejection. If members of the public, particularly those who are objecting to an application, come to the meeting and see that the recommendation is being made or spoken to by somebody who is paid to do a job by one of the parties to the application, that will be seen as unfair and corrupt, even if it is not.
I do not intend to press my amendments; I am quite happy not to move Amendment 121E if the Minister can say that the assurance she has given will also apply to advice to planning committees—that it should be perceived as independent and not given by a paid advocate who tables a report to members saying they should give permission. If she can, a lot of the objections would potentially fall away. Amendment 122A would be otiose, because it is designed only to ensure that if someone is paid to give advice, they should be made to declare that they are a paid advocate, rather than independent. We could then part happily. I might be interested in taking part in these experiments. I hope the Minister will also take heed of what the noble Lord, Lord Shipley, said: there should be variety. My own authority, for example, is going into a shared management arrangement with another local authority. Inventive local authorities should be given the opportunity to suggest forms of experiment. That was an interesting proposal and I hope the Minister will be ready to listen to it.
Having been led to speak on the basis that one of my amendments would be pre-empted, I am essentially asking my noble friend to go one step further and say that the public who turn up will not hear or see a report saying “recommend” from somebody who is paid. If she can, much of the need for the amendments I have tabled would fall away.
If the noble Lord, Lord Beecham, is going to lead a frontal assault, I certainly would not want my Amendment 124A to be grouped with his because I shall be voting against his proposal. However, how the fee arrangements would actually work needs further clarification; we have heard little from the Front Bench. My noble friend Lady Williams said that there would be no two-tier system. That needs clarification, but provided there could be assurance of further consideration of that point, when the time comes I would be prepared not to move my Amendment 124A.
Lord Porter of Spalding (Con)
My Lords, I support Amendments 120A and 121. I was going to try to stick to the proper script but, given that everybody before me has left the running order and spoken about the things they are really interested in, I am going to do the same. First, I thank my noble friend the Minister for listening to what was said last week and to what local government has been saying for a number of weeks, and for clarifying how some of this pilot stuff will work.
Since I am on my feet, I am going to speak to fees. I am in favour of private sector competition on the basis that I honestly believe it will drive fees up. It is the first time I can recall having private sector competition to drive up the cost of a service, but I think this will do it. At the moment, we are spending about £150 million a year as taxpayers subsidising the planning system, and we have spent £450 million over the past three years doing it. Clearly, the fee structure does not recoup the full costs. If the private sector is going to come in and compete against us, it is going to want at least to cover its costs. Even if it is doing it for a few years as a loss leader, it is not going to want to lose a lot of money, so local government should be able to get its fees set at a much higher rate. That will allow us to staff our planning departments to a much more suitable level, given the demand that will be coming through, and that will allow local government to win the competition hands down because the public will trust what we are delivering and any sensible developer will want to go through an established route rather than risk competition in the private sector.
The noble Lord, Lord Beecham, said that an impact assessment had said that competition reduced the cost of refuse collection by about 20%. Ours has been brought back in-house since I have been leader and that has saved 20%. While private sector competition should be encouraged, it is not always the route that the final decision should go down.
(i) the compilation of a report for a meeting of the planning, planning sub-committee, development control committee or other committee of the local planning authority convened to determine the application concerned, unless that report has been approved by a planning officer independent of the applicant, and(ii) the provision of a recommendation to the determining committee as to how to determine the application, which must always be made by an officer independent of the applicant or of objectors,”
Lord True
My Lords, I am moving this amendment because my noble friend has said she wishes to reply to it. I would have been quite happy to waive it, have it subsumed and not move the amendment. However, the point remains absolutely fundamental, and with great respect to my noble friend she has not answered it. I hope she will in her response.
What actually happens at a planning committee is that people, many of them objectors, file into the room, papers are laid, a determination is made on the basis of advice, which is public advice, a public document, and an officer advises the committee on what is the appropriate and right thing to do. All that I am asking—surely, in equity, it is not a difficult thing to ask, nor difficult for the Government to concede—is that everything to do with the final recommendation and determination is independent of the paid advocacy of one of the parties involved. That is what this lengthy amendment is intended to ensure. It is totally unnecessary if the Government will give an assurance that they will deliver that in the regulations, so that the determination can be independent, and seen to be independent by those who may not be happy with the advocate’s case. It will normally be the advocate of the person seeking permission who will have paid for the independent advice. I beg to move.
Baroness Evans of Bowes Park
My Lords, I will not repeat the detail of what we have already done to strengthen Clauses 145 to 148 but turn straight to the amendments.
Although I cannot accept Amendment 121E from my noble friend Lord True, I agree with its intent and commit to take the issue away and address it in the design of the pilots and regulations. Authorities have said clearly to us that it will be very inefficient if designated persons do all the background work but they are required to review it all and then pull together their own recommendation in a report that they write. They are not saying to us that they must make the recommendation or write their own report. Instead, they are saying that simple and efficient mechanisms are needed to ensure that quality and impartiality are maintained. This amendment could lead to inefficient behaviour.
Authorities have also said that designated persons must share some of the risk and cost of defending appeals. I am concerned that the amendment could make it harder to argue that designated persons should share any risks which will concern authorities. There is a complex set of interrelated issues which we need to explore in detail with authorities to avoid perverse behaviours and outcomes. We will explore a range of safeguards. I ask noble Lords to let us explore them with authorities and bring them forward in regulations. We would be very happy to have further discussions with my noble friend and others about how we can best do that. I hope that reassures him that we will take this away.
I am afraid I cannot accept Amendment 122 from the noble Lords, Lord Kennedy and Lord Beecham, limiting ‘designated persons’ to local authorities and public bodies and ruling out private sector companies and individuals. This amendment says, “It is the public sector way and there is no other way”. In contrast to noble Lords, the dozen or so local authorities considering being a pilot area are not arguing for the exclusion of the private sector. They believe that they can compete with it and, indeed, beat it. If that is the case, what have local authorities got to fear? If they provide the best service, they will hold on to the business. We believe that the concerns at the heart of this amendment are about any potential for the private sector to have undue influence on planning decisions, and we believe these can be managed.
We have strengthened planning authorities’ retention of decision-making during the pilots following concerns expressed in Committee. Our amendments mean that regulations cannot contain anything that allows an authority to delegate decision-making to designated persons and make clear that advice from designated persons will not be binding on authorities. However, other safeguards will also exist. We will set out high professional standards, as the noble Lord, Lord Shipley, outlined, drawing on codes of conduct such as that of the Royal Town Planning Institute, which requires competence, honesty, integrity and independent professional judgment from its members. We will remove someone’s designation where they fail continually to meet these high standards. We expect to prevent designated persons processing applications in which they, their company or its subsidiaries have any interest. I have committed to explore how we can maintain high-quality, independent advice being presented to decision-makers and having designated persons list their interest with authorities, as suggested by my noble friend Lord True. Section 327A of the Town and Country Planning Act 1990 provides that where the necessary procedures have not been followed appropriately an application can be declared null and void. We believe that enabling the private sector to compete with local planning authorities is likely to drive greater reform.
Some in local government have said that it may not be possible to process some applications, such as householder applications, for a price even close to the fee. Our initial dialogue with the private sector indicates that it might indeed be possible to process such applications, and we want to test this belief.
Finally, I cannot accept Amendments 123 to 126 from the noble Lords, Lord Kennedy and Lord Beecham. We all want a planning system fit for the 21st century, so we believe that, in order to achieve it, it would be wrong not to explore alternative delivery models for handling planning applications. Currently, local planning authorities have a monopoly which denies the user choice and does not incentivise service innovation and the provision of the most efficient and effective service. Alongside this, reform of planning departments lags behind most other local authority services. Local authorities can do a lot more to transform their planning departments. Indeed, many have introduced new ways of operating and have shown that performance can be improved and costs reduced, but we believe that more should follow their lead.
We have heard concerns about the undue potential influence of the private sector in the pilots. My noble friend Lady Williams has laid amendments to strengthen local authorities’ decision-making function, and I have set out other safeguards we intend to put in place. I have also committed to explore proposals raised by my noble friend Lord True. Your Lordships’ House has been concerned about the lack of detail about how the pilots will operate. Our amendments mean that we will debate the regulations in this House following a consultation before pilot schemes can come into force. Noble Lords have queried whether we intend to evaluate the pilot, and we have laid an amendment committing us to sharing our assessment of the pilots in the House. The RTPI and the LGA rightly highlight areas where we need carefully to consider the design of the pilots, and we will work with them to explore their ideas, but they have not opposed the principle of the pilots. Local authorities are telling us that we are right to challenge the current delivery model and, as we have heard from my noble friend Lord Porter, some want to be pilot areas. Despite this, the noble Lords opposite want to say that they cannot.
We listened very carefully to the debate in Committee and today, and I believe we have taken significant steps to ensure that the pilots are workable and to address many of the concerns that noble Lords have raised. I hope that, with these reassurance and the commitments I have made in these remarks, the noble Lord will withdraw the amendment.
Lord True
My Lords, I am grateful to my noble friend. She is right to say that on this subject the Government have listened, and are listening, carefully. That is entirely welcome and I am grateful for it. Not only will I shortly withdraw Amendment 121E but, as I indicated previously, I will not be pressing Amendment 122A on the basis of the assurance that we have been given.
On Amendment 124A, which I have degrouped here, there are questions about fees, on which my noble friend Lord Porter and I and others have spoken, that might bear further clarification in discussion. I welcome the assurances that my noble friend has given. I was interested when she said that the fees currently allowed would be adequate to enable the private sector to operate. So with the assurances that she has given, for which I thank her, I beg leave to withdraw the amendment.
“Local planning authority right to develop in the local interest
(1) Where a local planning authority has compiled a register under section 137 or has seen a report under section 184 and considers that a government department, Mayor of London or other public authority, transport undertaking or other statutory undertaking has not prepared, or declines to prepare, a plan for development of previously developed unused or underused land on the register in its possession within the local authority area, it may challenge the owner of the land to present planning proposals to the local planning authority within 6 months in conformity with the adopted plan or plans for the area concerned, unless the Secretary of State has certified such development as against the national interest.(2) Where the owner declines to present such a plan in accordance with subsection (1) it must publish within the same 6-month period a response showing good reason why such previously used land in its ownership should not be developed in the local public interest.(3) If the local planning authority considers the response not to show good reason why the land should not be developed, it may proceed to present its own proposals for development, to compulsorily purchase the land concerned and to exercise itself any planning consent that is then granted.(4) The costs to the local planning authority of any compulsory purchase of the land and the net cost of its development will be remitted by the local planning authority without any profit element to the owner who has declined to develop, in arrears after the land is sold.(5) This section does not apply to land within National Parks or the Royal Parks or designated as a site of special scientific interest.”
Lord True
My Lords, I hesitate to interrupt the tour de force of my noble friend Lord Younger. In 100 years’ time, historians will read Hansard and marvel at his command of the law of compulsory purchase. I can say to those future historians that I am absolutely amazed by what he has told us.
Because of time, I will be very brief. I seem to be unfortunate in addressing noble Lords at this late hour every day. I have tried to put forward a creative idea in response to the intolerable position whereby public authorities fail to develop land when they should. I declare an interest as a non-executive member of the Royal Parks Board. The Royal Parks are referred to in this amendment, but that is technical.
I spoke to this in Committee at a different point in the Bill. I do not want to detain your Lordships long, but the issue is simple. To give one example, which actually would not be addressed but it is the spirit of the thing, a planning permission that has been granted in my borough, over intense opposition, to build 110 homes has not yet been proceeded with by a public authority after five years. Another example would be an official from a health service body who said, when pressed in discussion with my planning officers recently to proceed with a development on a site brief to develop new homes, a small primary school and medical facilities, “Well, if you keep going on like that, we could leave this lying fallow for years”. That is the sort of mentality that exists too often. I congratulate the Government on trying to get to grips in the Bill with brown land that is held by government departments, public bodies and other statutory and transport undertakings. I will not venture to mention Network Rail.
My amendment is defective in many ways. I am not suggesting that it could operate in this way. But I am encouraged to press forward in the hope that, instead of always criticising local authorities, my noble friend on the Front Bench may be able to say that, over the weeks and months to come, he is prepared to consider giving local authorities the opportunity to do something to get these buildings and developments done. At the moment we are taking incoming fire but are not able to press those who are failing in their public duty, in my estimation. I beg to move.
Lord Kennedy of Southwark (Lab)
My Lords, I support the amendment of the noble Lord, Lord True. It is an excellent idea. I hope the Minister will come back, as the noble Lord suggested, with some suggestions for what could be done in the next few months with local authorities.
When I go to Lewisham Town Hall, I get off at Catford Bridge station and walk past a scruffy bit of land clearly owned by the railway that you could easily get six or seven houses on. It just sits there and irritates me every day. The railways have bits of land near them. On a number of sites in Lewisham you could build some houses. We are in the midst of a housing crisis and there is no good reason that this land just sits there. I hope the Minister will respond favourably to the points made by the noble Lord, Lord True.
Lord Bridges of Headley
Amendment 129A, to which the noble Lord, Lord Beecham, has added his name, would remove Clause 186 from the Bill. This clause mirrors Section 86 of the Climate Change Act 2008, which requires the Minister for the Cabinet Office to publish an annual State of the Estate report setting out progress in improving the efficiency of the civil estate.
Local authorities are already subject to a number of efficiency and sustainability requirements, such as producing energy efficiency certificates for their buildings. The new duty draws on these and requires authorities to publish reports to enable local people to hold them to account for the use of their assets. I reassure noble Lords that any additional costs to local authorities will be met by central government. DCLG is currently undertaking a new burdens assessment of Clauses 183 to 187 to determine which of the provisions create new burdens, and their extent.
Finally, I turn to Amendment 129ZA, proposed by the noble Lords, Lord Kennedy and Lord Beecham, which would remove Clause 185 from the Bill. The power to order disposals was brought into effect through the Local Government, Planning and Land Act 1980. The power underpins the community right to reclaim land, which enables people to hold public authorities to account for their use of land. Under this right, communities can drive improvements in their local area by asking the Secretary of State to direct that underused or unused land owned by public bodies is brought back into beneficial use.
Since 1 April 2011, when the National Planning Casework Unit was tasked with considering requests under the right, we have received 106 requests. Only one of these resulted in the power being exercised, over a piece of land of 0.26 hectares in Tiddington, near Stratford-upon-Avon—no doubt a blessed plot. A great deal of effort has been expended by those making requests, and by the casework unit in considering them, for very little gain. This is why the Government wish to strengthen the existing legislation—to enable people to challenge their local authorities to release land, even where it is used, if it could be put to better use. Far from being centralising, Clause 185 gives more power to local communities.
The 1980 Act already provides important safeguards which will continue to apply to the new provisions. Public bodies must be notified of the Secretary of State’s proposal to exercise the power and are given 42 days in which to make representations. If a representation is made, the Secretary of State may not give a direction unless he is satisfied that the disposal can be made without serious detriment to the performance of the body’s functions.
All this shows that we are determined to ensure that public land is used as efficiently as possible, and that where it can be made surplus and put to better use, especially in building more homes, this happens as quickly as possible. These clauses are essential to that agenda, and I hope that noble Lords will be fully reassured by the explanations I have given.
Lord Bridges of Headley
I am sorry to say that I disagree with the noble Lord on his final point. We are indeed looking at the land that the Government hold at national level very carefully indeed. As the noble Lord will have seen, Table 1.12 in the Autumn Statement catalogues what each department is being expected to provide in land for housing and land surplus to requirements, which we will be looking to dispose of.
Lord True
My Lords, obviously, I am slightly disappointed by my noble friend’s reply. I am gratified he recognises the problem and thinks that local authorities might be useful, but he thinks that it is too risky to allow them to do anything. That is the disappointing part of his reply. I want to take the spirit of my noble friend’s answer, rather than the letter. I like to think that further thought will be given to this problem, because it will remain and I will not cease to put the case for local authorities to be able to take the initiative.
I had intended to speak to my other amendment in its place but, as my noble friend has already spoken to it, it will perhaps be for the convenience of the House if I respond now, and then we can move on. My reason for criticising Clause 186 is that, as my noble friend acknowledged, it is potentially a major new burden on local authorities. He did not address that; he said that money would be provided. I question whether it is necessary for money to be provided. One of the achievements of the Government after 2010 was to sweep away the nonsense of a process called asset management strategies and asset management plans, where every local authority was required regularly to submit to the Government what they were doing with their land. This is simply officials in Whitehall reviving that process under another name. It was one of Gordon Brown’s most disliked operations, and local authorities were very glad to see it go.
It is absurd to expect the Cabinet Office to monitor all the bodies in Schedule 22 to check whether authorities are reducing the size of their estate. Ministers in the Cabinet Office are going to check, every time that a local authority changes building, that it is in the top quartile of energy performance. This will be an interference with local authorities’ ability to use their land efficiently. We must explain. Let us say that we wanted to take leasehold space in a building to use our estate more profitably, but it was less energy-efficient. My officers have to file a report with the Cabinet Office explaining why we have taken three rooms in a block of flats to put some officers there briefly.
I will not press the amendment, because I read in the commencement clause that it does not come into force on the day on which the Bill comes into force. For that reason, I will withdraw the amendment, but I urge my noble friend to think about the bureaucracy being recreated here. Section 7 is in any case defective because a building can be part of an authority’s estate where two authorities are working together. An authority may well have a building in a partner authority’s area and may have an interest. Say if Richmond were partnered with Wandsworth and using a building in Wandsworth, according to the amendment as drafted by the Government, that building would not be classed as part of Richmond’s estate. That is absurd, and officials need to look again at the drafting of this legislation.
I am disappointed by seeing this bureaucracy returning, albeit under the guise of climate change, but I hope that before this comes into force my noble friend will give more consideration to it. I beg leave to withdraw the amendment.