Levelling-up and Regeneration Bill

Debate between Lord Young of Cookham and Baroness Randerson

Committee stage
Monday 22nd May 2023 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I support the noble Lord, Lord Holmes, and thank him for the lead he has taken on this issue. I was pleased to add my name to his Amendments 456, 457 and 458.

I recall our debate on the regulations that were introduced during the pandemic. We were assured that this was a temporary reduction in the notification required and in the rights of local people to object. We all understood that this was an emergency, that businesses were fighting to survive and that restaurants and pubs were doing their best to carry on providing a service at a time when it was clearly unsafe for people to be gathering inside, even if the Government had allowed it. However, there was a debate about this and as I said, we were assured that this this would be temporary.

These amendments are a modest way of ensuring that residents are still given a reasonable opportunity to object to such applications. To this day, the usual way in which people find out about planning applications is via a local notice attached to a lamp post. Most people are not sitting at home scanning council websites on the chance of finding a planning application that applies to their area. Most people object because they see a notice on a lamp post, or their neighbour tells them about it. If you have sight loss, for example, you will need longer to ensure that you are aware and can write in response, because it is not as easy as it is for people with good eyesight.

Therefore, Amendment 457 is particularly important because it would remove approval by default, which is an indefensible approach to local planning. Amendment 458 is important because it would ensure that street furniture is not left cluttering up the pavement, where people fall over it. Also, as the noble Lord, Lord Holmes, has just pointed out, guide dogs have difficulty. I have a neighbour with a guide dog and if cars are parked on the pavement, the dog takes him around them or stops. So, life is made much more difficult.

Finally, public understanding of smoke drift has been transformed in the last decade. As a keen viewer of old television series, every time I watch them, I realise how different our view and tolerance of other people’s smoke is nowadays, compared with 10 or 15 years ago. What is in these amendments is well within accepted and reasonable expectation, so I support them.

[Lord Young of Cookham (Con)]

My Lords, I have enormous sympathy for the case made by my noble friend Lord Holmes and very much hope that the Government respond as positively as they can.

The background to my Amendment 459, to which Peers from other parties have added their names, is the arrangements made during the pandemic to support the hospitality industry. In the interests of progress, not all four of us will be speaking, and it is good to see today’s Marshalled List down to a mere 68 pages for this last day of our debate. Noble Lords may recall that during the pandemic, when it was not possible to go into enclosed premises such as pubs, arrangements were made to grant pavement licences. When the Business and Planning Bill, which introduced this concession, came before the House in 2020, I added my name to a cross-party amendment tabled by the noble Lord, Lord Faulkner, saying that a condition of licence would be that outdoor seating areas were required to be 100% smoke-free, paralleling the arrangements inside the premises.

Noble Lords across the House supported that amendment, but sadly it was not accepted by the Government, who instead inserted a requirement in the legislation that

“the licence-holder must make reasonable provision for seating where smoking is not permitted”.

Amendment 459 would reintroduce the requirement for all pavement licences to be smoke-free, which was the view of your Lordships’ House three years ago. This would contribute to the Government’s ambition to make England smoke-free by 2030—an ambition we are currently on track to miss by nine years, according to Cancer Research UK. The current temporary requirements, which are being made permanent in this Bill, would mean that councils have two options on smoking: to implement the national condition to provide some smoke-free seating, or to go further and make 100% smoke-free seating a condition of licence at local level.

Since then, two-thirds of the public, polled in 2022, did not think that the current legislation went far enough. They wanted smoking banned from the outdoor seating areas of all restaurants, pubs and cafes. Fewer than one in five opposed such a ban. That was a large sample, of more than 10,000 people, in a survey carried out by YouGov for Action on Smoking and Health.

Some councils are already doing what the public want, with 10 councils in England introducing 100% smoke-free requirements. These are a mixture of Conservative, Labour and Lib Dem-led councils in counties such as Durham and Northumberland, cities such as Newcastle, Manchester and Liverpool, unitary authorities such as Middlesbrough and North Lincolnshire, and metropolitan boroughs such as North Tyneside, South Tyneside and the London Borough of Brent. Therefore, in response to the point about practicality made by the noble Baroness, Lady Taylor, practicality has already been well established by those local authorities.

When we initially tabled our amendments, the then Secretary of State for Housing, Communities and Local Government wrote to Manchester City Council, the first council to introduce the requirement for pavement licences to be 100% smoke-free, warning it that this would damage local hospitality businesses and could lead to the loss of thousands of jobs. We do not know whether that letter had the approval of Health Ministers. However, the experience from Manchester and elsewhere shows exactly the opposite: that these bans have proved popular with the public, leading to high levels of compliance, and have not been shown to cause any decrease in revenues. At the time, I reluctantly agreed to the Government’s decision to include the current smoke-free seating requirements, which, while better than nothing, do not go far enough. The current system is not only much more complicated to implement than a blanket ban; it ensures that non-smokers and children continue to be exposed to tobacco smoke, which is both toxic and unpleasant. Of course, those who work for these establishments cannot go elsewhere and will continue to be exposed to smoke.

The Local Government Association of which, uniquely, I am not a vice-president, supports our amendment for 100% smoke-free pavement licences on the basis that

“it sets a level playing field for hospitality venues across the country and has a public health benefit of protecting people from unwanted second-hand smoke … If smoking is not prohibited, pavement areas will not become family-friendly spaces”.

That is why Dr Javed Khan’s independent review of smoke-free 2030 policies, commissioned by the Department of Health and published last year, recommended that smoking be prohibited on all premises, indoors and out, where food or drink is served, as well as a ban on smoking in all outdoor areas where children are present. This 100% smoke-free pavement seating has strong cross-party support from Peers across this House. When the regulations were extended in 2021, the noble Lord, Lord Faulkner, tabled an amendment to regret that the regulations were not revised to take account of the evidence of the benefits of 100% smoke-free pavement licences. That amendment was agreed by 254 votes to 224.

Last year, the Government announced several new tobacco control measures and said that in place of the long-promised tobacco control plan to deliver a smoke-free 2030, tackling smoking would be core to the major conditions strategy currently in development. The measures announced today are welcome but fall far short of the comprehensive approach that Dr Khan made clear was essential if we are to achieve a smoke-free 2030. When my noble friend sums up, can she confirm that the Government intend to bring forward further measures to reduce smoking in the upcoming major conditions strategy? We should now take this opportunity, provided by this amendment, to move towards implementing Dr Khan’s recommendations for all hospitality venues to be smoke-free indoors and out—a small but important step towards a smoke-free 2030.

Levelling-up and Regeneration Bill

Debate between Lord Young of Cookham and Baroness Randerson

Committee stage
Thursday 20th April 2023 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, in this debate on transport, it is a pleasure to follow in the slipstream of the noble Lord, Lord Berkeley, and add some footnotes to his speech on Amendment 240.

Before I turn to the amendment, I will say a word about the target of 300,000 EV chargers. Some chargers are fast chargers and some are slow chargers. At some point, we need to define more accurately the division of those 300,000. If they are all slow chargers, that will not do the trick. If they are fast chargers, we may not need quite so many. So a bit of granularity on that target at some point would be welcome.

Researching for this debate, I came across a government document stating that

“continuing growth in road transport and consequential environmental impacts present a major challenge to the objective of sustainable development. Traffic growth on the scale projected could threaten our ability to meet objectives for greenhouse gas emissions … and for the protection of landscapes and habitats”.

I should have recognised it instantly, as it was in a document that I published nearly 30 years ago when I was Planning Minister. It was PPG13, which offered advice to local authorities on integrating land-use planning and transport. Its object was to reduce reliance on the car by promoting alternative means of travel and improving the quality of life.

I note in passing that I referred to the then Government’s policy of increasing the real level of fuel duty by an average of at least 5% a year—a policy now very much in the rear-view mirror—and also my commitment to introducing electronic tolling on motorways. Back in 1993, I was clearly a little bit ahead of the game.

Amendment 240 could almost have been lifted from PPG13. It promoted development within urban areas at locations highly accessible by means other than the car, and it supported policies to improve choice for people to walk, cycle or catch public transport, rather than drive between homes and facilities that they need to visit regularly.

I also came across an article in the Independent from 10 July 1995, when I became Transport Secretary and continued my campaign. In an open letter to me, Christian Wolmar wrote:

“When your appointment as Transport Secretary was announced, the whoops of joy from cycling campaigners could be heard across the nation. The notion of having a Transport Secretary who is not only an active member of Friends of the Earth but also an active cyclist and tandem rider was beyond their wildest dreams”.


So, the Minister will not be surprised that, as middle age taps me on the shoulder, my commitment to environmental means of transport is undimmed.

The noble Lord, Lord Berkeley, set out the case for the amendment, which I believe is even stronger than it was in the 1990s. I will not repeat it. I understand from the Government’s response to a similar amendment in another place that, instead of an amendment to primary legislation, the objectives to the amendment should be incorporated in a revised NPPF, as the noble Lord, Lord Berkeley, has just said. My response is that I tried that and it did not work. We need to be more assertive.

Paragraph 1.10 of PPG13 said:

“If land-use policies permit continued dispersal of development and a high reliance on the car, other policies to reduce the environmental impact of transport may be less effective or come at a higher cost”.


That is exactly what has been happening, as the Government’s own publication, Gear Change: A Bold Vision for Cycling and Walking, published in 2020, recognised. Despite the exhortation in that PPG and, I suspect, many other PPGs since, we have not seen the transformation in planning for transport that is required. We continue to build housing with little or no public transport provision, or where it is impractical to get to school, the shops or work without jumping into a car. We must up our game and cease relying on guidance.

The amendment also addresses the problem touched on by the noble Lord, Lord Berkeley, that has arisen in two-tier authorities, where, typically, the county council is the transport authority but the district council is the planning authority: if you do not have the commitment to walking or cycling networks recorded in the district plan, this can then frustrate the county’s ambition to promote cycling and walking networks—clearly an undesirable outcome.

The challenge to my noble friend, who I am delighted to see is replying to this debate, is to convince me that we should continue to rely on guidance, as I suspect my officials advised me to do in 1993, despite the evidence that it has not brought about the transformation that I aspire to. I wish her every success.

[Baroness Randerson (LD)]

My Lords, I am pleased to speak to a number of amendments in this group, to which my name is attached. This is, of course, a group of transport-related amendments. Like the noble Lord, Lord Young, I am very pleased to see that we have the Transport Minister here to respond in detail to us, because all the warm words on levelling up are meaningless without decisive action to improve transport infrastructure and services. Poor transport facilities almost exactly mirror the overall picture of the social divide in our country: poorer areas have poor public transport and poor transport infrastructure generally.

There is a reason why London and the south-east are the richest parts of the UK: they have the transport links to service the areas well, and one reinforces the other. I say that while recognising of course at the same time that there is poverty and disadvantage amongst the most privileged.

I start with Amendment 240, to which I have added my name. The noble Lords, Lord Berkeley and Lord Young, have spoken in some detail, and with greater information than is necessary for me to repeat here today. But I want to endorse the fact that this has to be about broadening access to the activities of cycling and walking and safeguarding our rights of way: for many decades, we have been accustomed to the gradual erosion of the practicality of safe walking and cycling, and the erosion of our rights of way on footpaths. The car has been king for a very long time. If we are going to truly improve the quality of our lives and the lives of the generations to come, we need a much broader and more informed approach. In my own local area, I notice the cycleways that disappear into nothing at key junctions and so on. It is a skilled business to provide really good cycling and walking facilities.

Turning to Amendment 468, the intention here is to prioritise the requirements for disability access at rail stations. Progress on this has been painfully slow—way too slow. I use this opportunity to praise the work of the noble Baroness, Lady Grey-Thompson, and my noble friend Lady Brinton, who raise these issues time and again in the media and in this House. We live in an ageing society, and we should be much more encouraging to those people who are less mobile but who want to travel by rail or bus. So this amendment goes way beyond the simple issues of wheelchair access, access for those with sight impairment and so on. It is about access for people who are less agile.

However, treatment is far from being on an equal basis for those people in wheelchairs. As a regular rail traveller myself, I watch this week after week. Despite huge efforts by the staff, there is still so much further to go. We have to ensure that people do not have to book way ahead in order to be able to make a simple journey.