Neighbourhood Planning Bill

Natascha Engel Excerpts

Ping Pong: House of Commons
Tuesday 28th March 2017 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Natascha Engel)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 4, 5, 23, 40, 44, 48 to 50 and 84. I also remind the House that certain motions relating to the Lords amendments will be certified as relating exclusively to England, or to England and Wales, as set out on the selection list. If the House divides on any certified motion, a double majority will be required for the motion to be passed.

After Clause 12

Change of use of drinking establishments

[The Minister for Housing and Planning (Gavin Barwell)]

I beg to move, That this House disagrees with Lords amendment 22.

[Madam Deputy Speaker]

With this it will be convenient to take Government amendments (a) and (b) in lieu of Lords amendment 22.

[Gavin Barwell]

Before I get into the detail of the amendments, I would like to put on record my thanks to my noble Friend and ministerial colleague Lord Bourne of Aberystwyth, who ably steered the Bill through the Lords. I would also like to thank one of my distinguished predecessors as Housing Minister, Lord Young of Cookham, who led on the compulsory purchase provisions, which we will touch on in the third of the three groups we are discussing this afternoon. Finally, I thank all peers who contributed positively to the debate in the other place. The Bill has benefited from their constructive challenge and scrutiny. For my part, I am pleased that the Bill received a warmer reception than the Housing and Planning Bill did a year ago.

I wish to turn to permitted development rights for the change of use or demolition of pubs, and to update the House on the steps we are taking in respect of the permitted development rights for the change of use from office to residential. First, I will speak to the Government amendment in respect of permitted development rights for the change of use or demolition of pubs. Let me start by assuring hon. Members that we have listened to both Houses and to the support that Members have expressed for valued community pubs. They will see that we have accepted the principle of the amendment introduced into the Bill in the other place. Our amendments in lieu therefore set out the detail of how we will take that principle forward.

The amendment commits us to update the Town and Country Planning (General Permitted Development) (England) Order 2015 to remove the permitted development rights for the change of use or demolition of drinking establishments, including pubs. In tabling the amendments in lieu, I reassure hon. Members that we have continued to engage through the passage of the Bill with interested Members and bodies, such as the Campaign for Real Ale and the British Beer and Pub Association. I can confirm that we will remove the permitted development rights to change to a restaurant or cafe, financial or professional service, or a shop. We will also remove the permitted development rights to change to an office for up to two years and to a school for a single academic year.

In making these changes, the Government are keen to avoid any potential unintended consequences. As such, we are clear that the best way to support pubs is to retain the A4 “drinking establishments” use class for pubs, wine bars and other types of bars. Doing so will allow pubs to innovate and intensify their use, for example by opening a pub garden or starting to provide live music, without facing a risk that this will be a change of use that requires a full planning application. Our intention in retaining the A4 use class is to allow pubs to develop within this use class without having to seek planning permission, thus avoiding unintended consequences, and unnecessary cost and bureaucracy.

--- Later in debate ---

[Gavin Barwell]

I beg to move, That this House disagrees with Lords amendment 12.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following: Lords amendments 10 and 11, 13 50 21 and 85 to 90.

[Gavin Barwell]

In contrast to the debate on pubs, which was really an issue that arose on Report thanks to the hon. Member for Leeds North West tabling his amendment, there have been extensive debates on the planning conditions clause during the passage of the Bill through both Houses. The Government have tabled a number of amendments seeking to address the concerns that have been raised in both Houses and in response to our consultation on the measures.

In particular, the Government have tabled two amendments to clause 12 that take forward recommendations in the 15th report of the House of Lords Delegated Powers and Regulatory Reform Committee. The first of these is Lords amendment 21, which would apply the affirmative parliamentary procedure to any regulations made under subsection (1). The Government accept the Committee’s view that the negative procedure is not an adequate level of parliamentary scrutiny for the exercise of the power, and have amended the Bill accordingly.

The second is amendment 14, which also responds to a recommendation from the Committee—namely, that the Secretary of State should be required to consult before making regulations under subsection (6). Provided this requirement to consult is put into place, the Committee said that it would regard the negative procedure as an adequate level of parliamentary scrutiny for this particular power. The Government agree with this recommendation, as it is important that consideration is given to the views of developers, local planning authorities and other interested parties before making regulations under subsection (6). Amendment 14 therefore places a duty on the Secretary of State to carry out such consultation before making regulations.

Lords amendment 18 responds to views expressed in response to the Government’s consultation on improving the use of planning conditions. A number of respondents across a range of sectors, including local authorities, developers and interest groups, called for guidance. They asked that, if the Government’s proposed powers under this clause come into force, updated planning guidance should be issued on the operation of the provisions. The Government agree with that view. We made a commitment in our response to the consultation to publish updated guidance to support the changes, if they are brought forward. In order to give assurance to all parties, amendment 18 would place a duty on the Secretary of State to issue guidance to planning authorities on the operation of this clause, and any regulations made under it. This guidance will set out advice that may be useful and of interest to applicants, local authorities and other interested parties.

Amendment 12, which is not a Government amendment, seeks further to constrain the use of the proposed power in subsection (1). It is right that the Government do not intend to use the power to prevent local authorities from imposing planning conditions that accord with the national planning policy framework. However, section 100ZA already has this effect. Any regulations made under subsection (1) must be consistent with the test for planning conditions in the national planning policy framework. Subsection (2) provides that the Secretary of State must make provision under subsection (1) only if it is appropriate to ensure that conditions meet the policy tests in paragraph 206 of the national planning policy framework. For the benefit of the House, those are that planning conditions should be imposed only when they are necessary; when they are relevant to planning and to the development being permitted; when they are enforceable and precise; and when they are reasonable in all other respects.

The Government’s case is very simple: Lords amendment 12 is unnecessary. More than that, by placing the policy test on the face of the Bill as we have done, rather than referring to the framework by name, the Government are making it clear in the legislation that the purpose of the power is to ensure compliance with those tests. Further constraints on the Secretary of State’s power in subsection (1) will be applied by Lords amendments 14 and 21, which I have covered—they require public consultation and the affirmative parliamentary procedure to any regulations made under the power.

On Lords amendments 10, 11, 13, 15, 16, 17, 19 and 20, and 85 to 90, clause 12 provides the Secretary of State with a power to make regulations about what kind of conditions may or may not be imposed on a grant of planning permission, and in what circumstances. The proposed power will apply in respect of any grant of planning permission. It had included permission granted by order of the Secretary of State, the Mayor of London, local authorities or neighbourhood planning groups. In the light of the responses we received to the consultation on the proposed new power, we have decided that it is not appropriate to apply the power to the making of orders, as opposed to applying it to the granting of planning permission. We have therefore sought to amend the clause to that effect.

--- Later in debate ---

[Gavin Barwell]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following:

Lords amendments 2 and 3.

Lords amendment 4, and amendment (a) thereto.

Lords amendments 5 to 9.

Lords amendment 23, and amendment (a) thereto.

Lords amendment 24 to 84.

[Gavin Barwell]

The shadow Minister has caused confusion by not objecting to proposals that some anticipated he might object to. That is fine by the Government, and I will happily proceed. I am probably also right in saying that Members who wish to speak on this group of amendments might have anticipated the debate on the second group lasting longer. I will try to talk at a little more length to give my hon. Friends time to arrive in the Chamber to take part.

This is the third group of amendments and I want to provide the House with an update on the other amendments made to the Bill in the House of Lords—[Interruption.] My right hon. Friend the Member for Arundel and South Downs (Nick Herbert) is here. There we are.

First, on the amendments relating to neighbourhood planning, I thank all hon. Members and peers who contributed to the debate as the Bill has progressed through Parliament. It is clear that there is strong cross-party support for this important reform, which was introduced by the coalition Government. I very much welcome the positive and constructive debate we have had on the clauses. We are all seeking to ensure that neighbourhood planning—the quiet revolution, as described by my ministerial colleague Lord Bourne of Aberystwyth —continues to go from strength to strength. In that regard, I point the House not only to the important clauses in the Bill, but to my written ministerial statement, which we talked about on Report, and the further clarification provided by the housing White Paper.

The definition of a post-examination neighbourhood plan in clause 1 is clarified by Lords amendments 1, 2 and 3 to ensure that decision makers are in no doubt as to when they must have regard to them.

On Lords amendment 4, I committed on Report in the Commons to return to an important issue raised by my right hon. Friend the Member for Arundel and South Downs and others on the voice of communities in planning decisions. The Government have therefore brought forward Lords amendment 4, which will require local planning authorities automatically to notify parish councils and designated neighbourhood forums of any future planning applications in the relevant neighbourhood area. Automatic notification would apply once parish councils and designated neighbourhood forums had in place a post-examination neighbourhood plan, as defined by clause 1. Parish councils and designated neighbourhood forums will be able to opt out of automatic notification or request that they are notified only of applications of a particular type. However, they will have the automatic right to be notified, exactly as requested by my right hon. Friend, and that is now on the face of the Bill. Rather than respond at this stage to the amendment that he has tabled, I might allow him to speak, if he intends to do so, and respond at that point.

Lords amendment 5 will allow the Secretary of State, through regulations, to prescribe further requirements that an examiner of a neighbourhood plan or a neighbourhood development order must follow in engaging with those with an interest in the examination. Subject to consideration of the outcome of the housing White Paper, which is still out for consultation, the amendment will allow the Secretary of State to make regulations that place a duty on the person appointed to examine a neighbourhood plan or a neighbourhood development order to provide information to, and hold meetings with, parish councils, designated neighbourhood forums, local planning authorities and others, and to publish their draft recommendations.

I thank all hon. Members and peers who have helped to shape these amendments, and I particularly thank Baroness Cumberlege, who was heavily involved in shaping this amendment in the other place. The concern is that people often put a huge amount of work into producing a neighbourhood plan, which is then examined and the examiner requires amendments to be made without people having any opportunity to discuss those proposals or to understand the logic behind them. That is why we have introduced these amendments. We want to ensure that this process helps people who give up their spare time and put effort into producing neighbourhood plans to get the result they want in terms of how their local community develops. As I said, I am really grateful to Baroness Cumberlege and others in the other place for the time and effort they have put into these amendments and for the meetings they have had with me and my ministerial colleague Lord Bourne to try to get the detail right.

On Report in the Commons, my hon. Friend the Member for South Cambridgeshire (Heidi Allen), who is not in her place, raised the vital issue of planning for the housing needs of older people and the disabled. All hon. Members will appreciate the importance of this issue not only in ensuring that this group of people, which will grow over the coming years, has a range of housing provision suitable to its needs—many of us will have seen in our constituencies that that range of provision is not there at the moment—but in helping with some of the wider housing problems I am trying to deal with. Clearly, if greater alternative provision is made available, and people can downsize from their existing accommodation, that releases vital family housing on to the market. This is therefore a really important issue, and I made it clear that I was grateful to my hon. Friend for raising it. I committed to look at it carefully, and the Government subsequently brought forward amendment 6 in Committee in the Lords.

There was considerable cross-party support for the amendment in the other place. It amends section 34 of the Planning and Compulsory Purchase Act 2004 to require the Secretary of State to produce guidance for local planning authorities about how their local development documents, taken as a whole, should address the housing needs of older and disabled people. Page 62 of the housing White Paper sets out some of our key ambitions for this new guidance. In essence, without going into all the detail, the White Paper has two main areas that are focused in this direction. First, we are looking at our planning policies and how we can make sure that our local authorities are planning for a suitable range of alternative provision. There is definitely a partial solution to this problem in relation to planning reform. Secondly, we are asking whether people have thoughts or ideas about whether other measures are needed to incentivise people to downsize. In other words, is the problem just a lack of suitable provision in the area, or are there other barriers that we need to try to find a way to overcome to enable people to access accommodation that is more suitable to their needs? We are very much looking forward to seeing the responses to the White Paper as they come in so that we can consider these issues in more depth.

It is probably worth touching briefly on supported housing, which is clearly crucial in this regard. Hon. Members will be aware that we recently consulted on the new funding model that we have in mind for supported housing. We received a huge response to that consultation. We are analysing that at the moment, and we will come forward with a Green Paper later this year. Again, I thank my hon. Friend the Member for South Cambridgeshire, whose initiative ultimately lies behind Lords amendment 6.

Lords amendments 7, 8 and 9 to clause 11 will encourage early conversations between the local planning authority and its community about the future local growth and development needs of their area by allowing the Secretary of State to make regulations that set out the matters that local planning authorities must address in their statements of community involvement. We talked about this in Committee. For example, the regulations might require local planning authorities to set out the advice they would provide on the relationship between their local plan and neighbourhood plans in the area, and ensure that communities, including parishes and designated neighbourhood forums, are left in no doubt about when and how they will be able to get involved in the planning of their area.