English Devolution and Community Empowerment Bill

Debate between Miatta Fahnbulleh and Paul Kohler

Consideration of Lords amendments
Tuesday 21st April 2026 Commons Chamber

[Miatta Fahnbulleh]

As my hon. Friend says, Lord amendment 41, with Lords amendment 95, would place the agent of change principle on a statutory footing in the planning and licensing and statutory nuisance regimes. While I and the Government respect the concerns raised in the other place and those he has raised about how in some cases new homes are adversely affecting existing businesses and cultural venues in their vicinity, we are not persuaded that the amendment is necessary, given the changes to the planning system already in progress.

The agent of change principle is already firmly embedded in national planning policy, and both the licensing and the statutory nuisance frameworks give local decision makers the flexibility to factor it in, where relevant to the circumstances of particular cases. Furthermore, we are already considering changes to strengthen this duty, because we recognise the arguments that my hon. Friend has made.

As the House will be aware, we recently consulted on a new national planning policy framework that would strengthen this policy and ensure that the principle is effectively applied to protect businesses while building the houses the country desperately needs. Today, I can commit to publishing updated planning policy guidance on the agent of change principle, following the publication of the final national planning policy framework. This guidance will ensure consistent application of the principle and a fair approach across local planning authorities. I hope that will be enough to satisfy my hon. Friend, and I urge the House to disagree with Lords amendment 41.

Lords amendment 42, moved by Lord Banner, fixes a current gap in the law where land held on statutory trusts was previously appropriated or disposed of without complying with the statutory advertisement requirements under the Local Government Act 1972. The law currently provides no legal mechanism to resolve this situation, resulting in difficult and protracted legal wranglings. While this will apply in only a very small number of cases, the Government do not believe that historic procedural errors should be left unresolved, especially when that risk is preventing the delivery of environmental improvements, or improvements to community facilities.

The amendment creates a mechanism for the Secretary of State to intervene in these rare cases to determine whether the land should remain in a statutory trust or be disposed of. Crucially, the amendment does not—it does not—weaken protections for public recreational land. It introduces a rigorous evidenced-based process overseen by the Secretary of State, with strict qualifying conditions and robust publicity requirements. It has a broad public interest test at its heart, which includes environmental and heritage considerations. By providing a clear route to fix the gap in the law, the amendment ensures decisions about land previously held for public enjoyment are taken in the interests of the public. For those reasons, the Government support the amendment.

[Mr Paul Kohler (Wimbledon) (LD)]

With respect, may I correct the Minister? There is a process by which the gap can be corrected. The land could be re-conveyed to the local authority and then the correct process carried out. Does she agree that the weakness of Lord Banner’s amendment is that the local authority has no role to play? In the process that should have been used, the local authority has a role to play. This is moving from localism back to centralised Government making decisions. Is that not wrong?

[Miatta Fahnbulleh]

I disagree with the hon. Gentleman, because the issue is still the responsibility of the local authority. The amendment is trying to get to those specific cases where the local authority has not applied the proper process to dispose of land and then we are in limbo; it creates a mechanism by which to resolve that. There is a process in place for local authorities to choose to dispose of land, or maintain it in statutory trusts. That is not affected by this amendment. This is trying to get to those situations where it has not been discharged properly. There is currently a gap in the legislation, which we hope this amendment responds to.

[Mr Kohler]

Then there are two remedies: to re-convey the land to the local authority to do it correctly, or to bring an amendment that gives the local authority a role to play. The local authority has no role to play in this amendment; that is why it is moving from localism to ministerial fiat. That is what is wrong with the amendment.

[Miatta Fahnbulleh]

Whether it is in the planning system or in other systems, in instances where we have a contentious situation and disagreement because a local authority has not discharged its responsibilities in disposing of statutory trusts, at the moment we are in limbo. The amendment creates a mechanism by which that can be resolved. We are very clear that strict criteria and safeguards are put in place. Ultimately, the Secretary of State will opine and come to a decision based on what is in the public interest. The ability of the community to make representations is very clear and very firmly built into the way we are designing the policy.

Madam Deputy Speaker, I will try to make progress. I move on to amendments made by peers in the other place. We welcome the scrutiny and challenge provided, and are willing to make sensible concessions in some areas, but most of the amendments in question serve to undermine the core principles of the Bill. For that reason, we cannot accept them. Let me be clear about precisely why, starting with Lords amendment 2.

Lords amendment 2 seeks to include rural affairs as a stand-alone area of competence for strategic authorities. Peers in the other place highlighted the distinct challenges facing our rural communities, from public transport through to employment opportunities and affordable housing. The Government recognise those challenges and agree with many of the points made in the other place. However, we cannot accept the amendment because we consider it unnecessary.

The areas of competence have been deliberately framed in broad terms, allowing a wide range of activities to fall within scope, including matters relating to rural affairs. From transport through to local infrastructure and housing, the existing areas of competence already allow for strategic authorities to address rural needs where relevant. Crucially, this is now being borne out; York and North Yorkshire combined authority, for instance, is already piloting affordable rural housing. There is no disagreement on policy; the Government recognise the role that strategic authorities can play in supporting our rural communities. Given that, I am happy to commit to bringing forward non-statutory guidance to support strategic authorities in delivering for rural communities using the powers and functions that they have been given.

Lords amendment 4 seeks to ensure that appointments of commissioners by mayors are made through a fair and open selection process. On this, we agree. That is why the Government have published statutory guidance that sets out the selection, appointment and remuneration process. We hope that doing so satisfies the points raised in the other House.

Lords amendments 13 and 87 seek to reduce the threshold needed for the London Assembly to amend the Mayor of London’s final draft budget from a two-thirds majority to a simple majority, which was the point the hon. Member for Bromley and Biggin Hill (Peter Fortune) was making. It is the Government’s intention to simplify and ensure consistency in voting arrangements across all our strategic authorities, including the Greater London Authority. For most decisions, the default will become a simple majority, but that does not apply for mayoral budgets, which will continue to require a two-thirds majority to amend.

Given that mayors and combined authorities may have their budgets amended only by a two-thirds majority, the Government believe that these amendments would bring scrutiny of London’s mayoral budget out of line with other strategic authorities. We therefore do not support the amendments and urge the House to reject them.