National Planning Policy Framework
Debate between Martin Horwood and Lord Stunell(13 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text
Andrew Stunell
The hon. Gentleman is a page ahead of me, but I will get there very shortly.
Of all the thousands of comments that have been made about the NPPF so far, very few have challenged the importance of both the simplification and the localisation that we have set out. I would have said that none had done so, but, funnily enough, a former planning Minister, the right hon. Member for Greenwich and Woolwich (Mr Raynsford), said that he was one of those who considered this to be the best of all possible planning systems. His view was somewhat contradicted by my right hon. Friend the Minister of State’s quotation from Lord Rooker, which demonstrated that that simply was not so.
Quite properly, today’s debate has largely concerned the precise shape, the exact wording and the detailed nuances of what we have proposed in the NPPF and the Localism Bill. Let me now deal with some of the key points made by Members. I will begin by tackling what seem to me to be some of the principal issues. One is our use, or rather non-use, of the word “brownfield” . We have referred instead to land of the “least environmental” quality.
There is a clear reason for that. We think that land of the least environmental quality should be taken first, and we recognise that some brownfield land is of high quality. It may be the quarry that has been left for 40 years and is now the next best thing to a self-managed wildlife sanctuary, or it may be back gardens. There are a number of circumstances in which brownfield land may have become recreational. Indeed, there is an example in my constituency that is sufficiently contentious to be prayed in aid. Using brownfield land as a planning category and turning it into the first priority for development will prove to be a mistake in some instances. At the beginning of the debate, my right hon. Friend said in his emollient way that we were taking careful account of all the representations we have received, and we certainly are in that respect.
Martin Horwood
I entirely sympathise with my hon. Friend’s wish to move to a definition of environmental value, but, as I pointed out in my speech, even that reference in the NPPF is heavily qualified by reference, again, to development and growth. That rather undermines the point that is being made.
Andrew Stunell
Given that my hon. Friend’s submission to the consultation is longer than the NPPF itself, I am sure that it covers that point.
My right hon. Friend made it clear—not for the first time—that there will be transitional arrangements, but it would be presumptuous to set them out before our friends in the House of Lords have disposed of the Bill or it has returned to us. We therefore must approach this issue in a measured fashion, but we understand the points that have been made, even if the critics appear to be a little confused about whether the result of the proposals will be a slowing down or a speeding up of development. Certainly, uncertainty is unwelcome and needs to be dealt with.
Park Homes
Debate between Martin Horwood and Lord Stunell
Andrew Stunell
The hon. Gentleman makes an important and interesting point, but if I may say so, perhaps we should focus on introducing tribunals before we start to evaluate them.
The aim is to improve site management and deter bad practices. That will benefit not only residents, but the industry as a whole. It does the sector no good at all to develop a reputation for bad behaviour. As they pursue their work, the tribunals will provide evidence in an open and transparent way—through a body of cases, involving case law and decision making—which will benchmark good behaviour and identify unacceptable behaviour, thereby playing a standard-setting role.
The motion calls on the Government to review the case for establishing a “fit and proper” licensing system. There is certainly no role in the sector for unscrupulous and criminal operators, but they are a minority. That brings us back to the balance between regulation and the burden of implementation. The Government’s general approach is to reduce top-down regulation and minimise the involvement of central Government in local decision making. However, we are committed to protecting the most vulnerable, and I know that some park home residents are among the most vulnerable members of society, as has been well pointed out in this debate. We are not convinced that the protection of park home residents from the minority of unscrupulous site owners requires a complex and costly national licensing system, which would apply across the sector and place burdens on all site owners, good and bad, with that cost ultimately being passed on to residents too. We have to strike a careful balance—one that protects the vulnerable, targets the worst and minimises the regulatory burdens on the law-abiding majority.
On the blocking of sales, I have every sympathy with residents who are unreasonably thwarted when trying to exercise their lawful right to sell their homes. I know that those concerns are shared by my right hon. Friend the Minister of State. The park home justice campaign is to be commended for bringing this important matter to the forefront. Ministers are now well alert—if we were not before—to what the issues are. However, we need to look at what the remedy is. The premise is that unscrupulous site owners might be less likely to make false representations or deter potential buyers if an interview with a prospective purchaser took place in front of a solicitor. However, it is a little hard to see exactly how that would work or who would appoint the solicitor, let alone who would pay for him or her. There is no reason to believe that an unscrupulous owner is likely to be any less dishonest because there is a witness present.
There is also a wider question about whether interviews are required at all, because there is certainly no statutory or legislative reason for them. The Mobile Homes Act 1983 permits the site owner to approve the purchaser, but that could be done in a number of ways, not necessarily through an interview process; for example, by providing relevant documents. If there is no legal requirement for an interview, it would be burdensome to introduce a formal regulatory process for conducting one. However, that is not to say that we believe it acceptable simply to let unreasonable behaviour be tolerated. We see improving access to justice through the residential property tribunal as the first step towards ending abuses in such cases. My right hon. Friend the Minister of State is only too aware of the problems, and he intends to announce in the new year a package of measures that will curb the excesses of the minority of unscrupulous owners, while not placing undue burdens on the majority who manage their sites effectively and in the best interests of the community.
Martin Horwood
In my remarks I talked not only about sites for permanent homes, but about holiday sites, where often there is also a lot of evidence of abuse. Will my hon. Friend’s measures and his right hon. Friend’s considerations include those sites as well?
Andrew Stunell
I will certainly take that request away, and we will certainly consider it. It is worth reminding the House that where mobile homes are used for full-time residential purposes, they have a number of tax and regulatory advantages, as compared with what we might call “normal” homes. That is because of their status as residential homes of a particular type. Holiday homes are in a different category, and have all sorts of other regulatory frameworks relating to them. However, I will ensure that that point is taken into consideration.
This has been an important and timely debate. It has certainly highlighted important areas of concern to Members, and it is a tribute to the new Back-Bench debating system that it has come before the House today. It has been helpful to me and my ministerial colleagues and I hope that, when the announcement is made in the spring, hon. Members will feel that their contribution to the debate today has had an influence on the way in which the Government are approaching the problem.