Levelling-up and Regeneration Bill

Munira Wilson Excerpts

2nd reading
Wednesday 8th June 2022 Commons Chamber

[Michael Gove]

I have a lot of sympathy for the hon. Lady and the situation in which she finds herself. I know that she is a doughty champion for York—it is a beautiful city, and a potential home for the House of Lords if it does not want to move to Stoke—and that York needs the right type of housing and commercial investment. I look forward to working with her and with Homes England, and also to consider what we can do in the Bill to deal with some of the consequences of some of her constituents foolishly having voted for Liberal Democrats at the local level.

[Munira Wilson (Twickenham) (LD)]

The Secretary of State was asking for good ideas on things that have been missed in the Bill. On building more social and affordable housing and GP surgeries, there is a missed opportunity here to ensure that public sector-owned assets such as land and buildings, including police stations, can be sold for slightly below market value where a GP surgery is needed or housing associations want to build social housing. He is aware that I have been campaigning for that on Teddington police station in my constituency, which the Labour Mayor wants to sell to the highest bidder for luxury housing, even though the community wants a new GP surgery and more affordable housing. Will he put that provision in the Bill?

[Michael Gove]

Well, this is a first. It is the first time—certainly in the last seven years—that there has been a Lib Dem policy proposal that makes sense. I am nostalgic for those coalition years when, every so often, there was a Lib Dem policy proposal that made sense—they normally came from people who are no longer in the House—and that one does. Yes, she is absolutely right.

Madam Deputy Speaker, I should probably quit while I am ahead. We have consensus on one particular area where reform is needed. I stressed earlier, in introducing the Bill, that it sets out to ensure that urban regeneration becomes a reality, that our planning system is modernised, that the missions we have to level up this country are on the face of the Bill and that we are accountable to this House. There are so many colleagues who want to contribute, because that mission is so important. I beg leave to ask the House to give the Bill its Second Reading. With that, Madam Deputy Speaker, I will sit down.

--- Later in debate ---

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am grateful to have caught your eye in this very important debate, Madam Deputy Speaker, but I am not so grateful to have to follow the speech of the hon. Member for Wigan (Lisa Nandy). I cannot believe that in a speech that lasted more than half an hour, she could not find something to welcome in the Bill, which will help to level up some of our poorest communities in this country. I can only conclude that she and I have been reading different Bills.

I declare my registered interest as a Fellow of the Royal Institution of Chartered Surveyors; I have practised professionally in planning matters. I welcome the fact that earlier zonal planning proposals were dropped, and I welcome the abolition of the five-year land supply. It is right to try to speed up the planning process by better using data and digitalisation. Where better to start than by streaming and accelerating the local planning process, and concurrently introducing neighbourhood development orders in clause 89 to make the neighbourhood plan process easier? That is important, because those plans are where most people become involved in the planning process. They are a truly democratic part of that process.

Unfortunately, the democratic theme applies with a vengeance to the national development management policies set out in clauses 83 and 84, which I referred to in an intervention on the Secretary of State. It is very important that we think carefully about them, because they set a dangerous precedent that begins to nationalise planning policy and upsets the delicate balance between national and local policy that has existed since the Town and Country Planning Act 1947, which largely decentralised planning.

[Munira Wilson]

Will the hon. Gentleman give way?

[Sir Geoffrey Clifton-Brown]

I will not, because I have only four minutes.

Given the enabling power in the Bill to implement NDMPs, and the enormous centralising power, what will they contain and what will be the consultation process to create and amend them? That is a key question, and I hope that the Minister for Housing will provide some answers when he sums up.

I was heavily involved in the Public Accounts Committee’s inquiry into local government finance; indeed, I secured an Adjournment debate on the subject on 27 April—it is printed at column 845 of the Official Report—to urge the Government to stop local authorities such as Cotswold District Council, which wants to borrow £76.5 million on an annual core spending budget of just £11.2 million. The Liberal Democrats running that council are financially illiterate.

I welcome the implementation of the Letwin review to speed up development with the introduction of a development commencement notice that sets out the annual rate of housing delivery within large developments and the consequent completion notice. I also welcome the new infrastructure levy in clause 113, to be set in conjunction with the retained section 106 powers. In the Cotswolds, agricultural land is worth between £10,000 and £15,000 per acre; with planning permission, that could increase to half a million pounds or more. With good tax advice, only 10% is paid on the gain.

If the infrastructure levy is properly implemented, it could provide substantial infrastructure. It could end the endless argument about delays and viability, because the developer would know before purchasing the site what they would be expected to provide. The construct of charging on the gross development value—I urge the Minister to listen to this—is interesting, but will deter any aspect of environmental design improvement unless it is statutorily required. A better construct might be to capture the increase in land value, which I have demonstrated is there.

Finally, the increase in planning and enforcement fees is welcome. Most planning departments are poorly funded; they should be properly funded to determine applications rapidly and should employ good and well-qualified planners. Thank you for allowing me to speak in this debate, Madam Deputy Speaker.

--- Later in debate ---

[Dr Liam Fox (North Somerset) (Con)]

Since 1996, 22,317 houses have been built in North Somerset compared with a target of 24,687, which shows that this is not a nimby district. However, as many colleagues will recognise, the overall figures hide enormous variability. During the years when the town of Portishead, a triumph of regeneration, was growing, we exceeded our targets by some way. Taking the period as a whole, targets were exceeded in seven years but missed in 18 years. That is a very good reason for housing planning to be considered over longer periods. Five-year housing land supply measures are nonsensical and should be dropped.

But these figures show the effect of two important factors which need to be tackled in this legislation. The first is the conflicting signals given by central Government to local authorities on planning priorities. While overall housing target numbers are given, there are simultaneous restrictions being put in place. In North Somerset, the land area is 40% green belt, 30% flood zone and 15% area of outstanding natural beauty. In my discussion with the Secretary of State, he made clear he hoped the Planning Inspectorate would take account of local authorities that had tried to balance these conflicting and sometimes contradictory factors when it comes to housing targets, but we have to go much further. We need to furnish local authorities with a clear mechanism to net off the proportion of their land covered by things such as green belt, floodplain and AONB so that more realistic housing targets can be set, reflecting more accurately the availability of land in any one locality.

The second issue we need to tackle is land banking and build-out, which creates a Catch-22 for local authorities. Developers are given permission to build, but they do not do so. They then complain to the Planning Inspectorate that the local authority needs to give more land for housing, which creates a huge amount of uncertainty for local residents and even planning blight, but it helps to fill the developers’ pockets.

[Munira Wilson]

Will the right hon. Gentleman give way?

[Dr Fox]

I will not give way because so many colleagues want to take part.

The next issue is the green belt. The current framework has stood the test of time and represents a good balance between the values represented by green-belt policy and the need for some unavoidable development to meet local need. The village in which I live has seen two examples of redevelopment and infilling, which represents small and more acceptable development much better than the huge housing estates we have seen in other towns such as Backwell, Nailsea and Yatton in my constituency.

That brings me to my brief final point. We need to see more small developers coming into the housing market to provide much-needed competition and flexibility. I would like the Government to consider whether we can make it easier to have small developments of perhaps 30 to 40 houses, which would be much more attractive to small, new, innovative builders and much less attractive to the current dominant players in the housing market. As a matter of policy, we should introduce competition into the house building market. After all, if I remember correctly, we are a Conservative Government.

--- Later in debate ---

[Theresa Villiers (Chipping Barnet) (Con)]

There is much in the Bill that I welcome, such as digitising the planning system, tackling land banking and enforcing planning controls. I also welcome the important omission of the growth zone proposals that were in the “Planning for the Future” White Paper. These zones would have removed local input on what is built in areas designated for growth. I campaigned strongly against them, and I thank the Secretary of State and the Minister for killing them off.

There are other measures that urgently need to be added to the Bill because, as it stands, it does not curb the powers of the Planning Inspectorate, it has no new protections for greenfield sites and it does not reduce or disapply housing targets. Excessive housing targets are creating ever greater pressure on elected local councillors to approve applications that amount to overdevelopment. Where committees turn down such proposals, they are at risk of being overturned on appeal.

Targets remain very high, even after the Government’s climbdown on the so-called “mutant algorithm.” The Bill’s focus on better design does not resolve these issues. Loss of precious green space remains problematic even if what is built on it is well designed. A block of flats is still a block of flats no matter how tastefully it is presented.

In one respect, as we have heard already today, the Bill worsens the problems that Back-Bench colleagues and I have been highlighting about the erosion of local control over planning. Clauses 83 and 84 empower the Secretary of State to set development management policies at a national level, which will override local plans.

[Munira Wilson]

rose—

[Theresa Villiers]

I am sorry, but I am unable to give way.

This radical change departs from a long-established planning principle that primacy should be given to elected councillors making decisions in accordance with their local plan. Management policies of this kind are at the heart of almost all planning decisions, covering matters as crucial as character, tall buildings, affordable housing and protection of open spaces. Removing from councils the power to set these management policies will severely weaken democratic control of the planning process. Development management policies form a bulwark of defence against inappropriate development. Centralised control would almost inevitably force councils to approve many applications that they would previously have rejected. These clauses amount to an aggressive power grab by the centre, and I hope they will be dropped.

--- Later in debate ---

[Bob Seely]

I would rather not give way as I have only one minute—

[Munira Wilson]

rose—

[Bob Seely]

Okay, I give way.

[Munira Wilson]

I know the hon. Gentleman was desperate to get an extra minute. He is making a really impassioned speech and I agree with much of what he has said so far. He mentioned developers snapping up greenfield sites. In my constituency, the local community rose up to protect a site called Udney Park Playing Fields in Teddington, and thanks to a legal challenge it is now protected green space. The developer, however, will not now sell the site back to the community despite a good bid to turn it into playing fields, because they paid over the odds and they will wait years and years until planning policy changes. Meanwhile, the site is going to rack and ruin. Do we not need powers to tackle that?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We need short interventions, because there are many people who wish to speak.

--- Later in debate ---

[Stuart Andrew]

Yes, there will be, and it will come at the second stage of Committee.

[Munira Wilson]

The Minister talked about building the homes that communities want and need, and he made a commitment to the hon. Member for Gloucester (Richard Graham) about not devolving powers upwards. Last year, central Government pushed through permitted development rights, which enable developers to put whole storeys on top of existing buildings, causing misery for leaseholders even when residents and local planning authorities have opposed them. Will he look at rescinding those powers in the Bill?

[Stuart Andrew]

No, I will not.

As I said, these new freedoms will help communities to repurpose and redesign old unused sites, and turn them into new vibrant communities. The Bill allows us to become a regeneration nation. It will support the housing and construction sector to play its part in growing our economy, creating well-paid jobs and levelling up. At the same time, the Bill brings our ageing analogue planning system into the digital age, with residents able to share their views at the touch of a smartphone. It places local people at the heart of a smoother, simpler more streamlined planning system using street votes, new design codes and community-led plans.

Most importantly, by enshrining the 12 missions of our levelling-up White Paper into law and offering every part of England a devolution deal by 2030, the Bill fulfils our promise to the British people—a fundamental promise upon which the Government were elected—to take power away from Whitehall and place it directly in the hands of communities, so that they can determine their future and realise their full potential. That is the pledge we made and that is what the Bill delivers. I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.