Planning and Infrastructure Bill Debate
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(1 month, 4 weeks ago)
Commons ChamberMy right hon. Friend is right to express her concerns. What everyone wants to see is fairness. We would expect everybody to carry a fair share of the extra housing, but that is not what is happening. [Interruption.] Labour Members should go and have a word with the House of Commons Library if they do not agree. They can check the numbers out.
The fact that housing delivery provided by new towns will not contribute to the targets will shock many councillors and local residents alike. Neighbourhood plans do not have to be consistent with the NPPF; they merely have to “have regard to” it. Can the Deputy Prime Minister confirm whether that will be changed? There is nothing in Labour’s plans about adequately resourcing or having process reforms of the Planning Inspectorate, which is clearly a key part of the system. Why has she scrapped all the work we did on design codes to move away from identikit housing towards building more beautifully?
We welcome the greater emphasis on local plans, but we would like to see more ambitious requirements for sites to be made available for small builders and for self-build. Currently, it is a 10% requirement on local authorities, but we would like to see a 20% allocation, as requested by the Federation of Master Builders. We would also like to see Homes England’s remit extended to include micro-builders.
Does the shadow Minister recognise that, under the previous Government, communities were hindered in being able to shape proposed development by only a third of local authorities having up-to-date local plans?
I agree with that, and I made the same point from the Back Benches on many occasions, including about Labour-run York, which has just put a local plan in place for the first time since 1956.
There are understandable concerns that compulsory purchase orders are an extension of the Government’s attacks on farmers. Tim Bonner of the Countryside Alliance said that
“giving councils more power to reduce the value of land is a step too far, especially in the context of…the inheritance tax fiasco.”
The Deputy Prime Minister and her colleagues should heed the words of National Farmers Union vice-president Rachel Hallos, who said:
“This Bill comes at a time when the UK farming industry is under immense financial pressure due to the loss of direct payments, extreme weather and the impacts of the family farm tax. So, farmers and landowners must be fully consulted every step of the way.”
Can the Deputy Prime Minister confirm whether that will be the case?
The grey belt, which was sold to the public as a few abandoned garage forecourts, has now been exposed as the Trojan horse we predicted it would be. Although not directly part of this Bill, it clearly interacts directly with it. It has been described as a death knell for the green belt due to the removal of parts of the definitions and protections of villages. Villages can now merge together or into nearby towns.
To conclude, we will not oppose the passage of the Bill this evening, but we will seek to amend it in ways that do not undermine the ambition to accelerate the delivery of new homes while ensuring that there are checks and balances that protect communities, rural areas, farmers and the environment and that deliver well-designed, affordable homes for everyone, not least those on lower incomes and first-time buyers.
I note the length of time that that reservoir has taken to be built. It would be nice if someone on the Conservative Benches started by acknowledging their Government’s lack of ability to build the infrastructure that this country so desperately needed for decades. The barriers that they constantly put in the way of building it are one reason why we are in this situation.
Our national security is only ever as strong as our economic security. Sure, we should be investing in defence, but we can do so only if we have a strong economy. One of the biggest reasons why we have not had a growing economy or economic security is because it has become too difficult to build in Britain. I am proud to support a Bill that will get Britain building again.
I will talk briefly about the nature restoration fund, which in principle is a policy masterstroke. What is most shameful about our current nature legislation set-up, including the habitats regulations, is not just that it stops us from building the homes and infrastructure that our country needs and that it damages our economy in the meantime, but that it does not even work on its own terms. As was mentioned earlier, Britain is one of the most nature-depleted countries in the world; I am told that it is second only to Singapore. Why is that? Because the money that we force builders to pay for nature projects is not being spent in the most efficient way.
Take for example, as my hon. Friend the Member for Chipping Barnet (Dan Tomlinson) pointed out, the infamous bat tunnel, which cost us more than £120 million to protect a tiny proportion of bats, all while critical infrastructure projects were delayed or cancelled. Imagine what we could have done for nature not just with that money, but with the extra money that would have been provided to our economy by not stalling that project for so long. Although the nature restoration fund is a welcome step forward, we must ensure that it works. It is heavily reliant on Natural England bringing forward workable delivery plans in a timely fashion.
Does my hon. Friend agree that open green spaces are not always the most biodiverse, and that we need a more joined-up approach to providing investment in those spaces?
I agree, and I hope that the nature restoration fund can be an opportunity to make those spaces more biodiverse. I am trying to support a wetlands art project in my constituency that would use such money to improve biodiversity. I hope that all the organisations that, like me, care about nature recovery will do the right thing and support these changes—they will be the best thing for nature in decades—rather than trying to defend an indefensible status quo.
Finally, as somebody who owes much of my fantastic upbringing to a development corporation, I turn to the crucial issue of how we will fund development corporations when we start building the new towns. Although the changes introduced by the Bill are promising, at some point we will need to think about that financing. For every pound that was invested in Milton Keynes, many more were given back to the Treasury—somebody said the ratio was 14:1, but I have not found a source for that. Currently, any debt issues by development corporations to private capital must be added to the Government’s balance sheet. However, a simple change to Treasury accounting, to count those corporations in the same way as the banks that fell into public ownership after the financial crash, could unlock huge sums of international private capital to fund these vital homes and projects. That approach is consistent with those taken by many European counterparts, and we should actively explore it as a priority.
I will support the Bill today, but I urge Ministers to be honest that this is not a moment for self-congratulation. We need to continue to go further and faster to build the homes and the infrastructure that this country so desperately needs.
I declare an interest as the vice-president of the Local Government Association. I support the Bill because we must do everything we can to deliver the building of more housing in this country. As the Member for Barking, I see and hear at first hand the impact of the housing crisis. Every week, I meet constituents who share their personal and desperate housing stories. To fix the housing crisis, we require political will alongside national initiatives and investment from the Government, but we must also change the policy foundations, because the national planning system is not fit for purpose.
As a former London council leader who delivered a local plan that designated land for 30,000 new homes, I know only too well that the existing planning frameworks frustrate house building and that the voices of those opposing new homes—often individuals who already own their own home—are prioritised. The truth is that our planning system relies too much on the political bravery of local councillors. Local plans for new homes are stopped by a vocal minority in too many cases. This creates a national patchwork of house building, and the planning systems are used to slow down decision making in the hope that the applicant will eventually just give up.
I welcome the fact that, through the Bill, the Government will create a national scheme of delegation. This will allow planning professionals to work more effectively, ensuring consistency across the country. Allowing planning authorities the flexibility to set their own fees and recover costs is an important step, but given that there is a £360 million deficit nationally, will the Minister reassure us all that the councils will be held responsible for ringfencing that income in their planning departments so that local authorities can improve their performance?
Transport and infrastructure form a crucial component in unlocking the potential for house building, because both private and public sector developments need clear business cases to build. Strong business cases rely on land value, which is boosted by infrastructure, including but not exclusively transport connectivity. The measures in the Bill to streamline the process for agreeing nationally important infrastructure are therefore welcome, but I would like the Government to consider whether the Bill goes far enough.
The HS2 bat tunnels are frequently mentioned in this Chamber, but there are other examples, including the Lower Thames crossing, which has been delayed for over three decades. It has become the UK’s biggest ever planning application, with over 2,000 pages and costing £800 million in planning costs. Taking applications through the national significant infrastructure projects process—a mouthful to say—is too costly and takes far too long. A large part of the problem are the statutory pre-application consultation requirements. This means that all the parties involved operate in a hyper-risk-averse manner, focusing on endless negotiations. That serves the taxpayer and our communities in no way, so I encourage my hon. Friend the Minister to look again specifically at reforming the pre-application process to reduce delays and get essential infrastructure consented faster.
The hon. Lady rightly talks about ambition and ensuring that we get planning applications delivered quickly. Does she think that the 56% reduction and the 1,694 fewer homes that her local Labour council will have to deliver will speed up the length of time it will take for them to get through?
The hon. Gentleman gives me an opportunity to highlight the fact that my local authority has been building homes far faster than most local authorities across the country. The general slowing in the delivery of housing over the past two years is absolutely to do with the fact that the previous Government crashed the economy and that interest rates and inflation went through the roof. I have yet to come across a developer or local authority that does not say that all its pipeline was impacted by the economic crisis.
The hon. Lady is correct to say that there were some issues with housing supply during the last economic crisis, but the numbers that I am asking her about relate to her Government’s proposals under the new scheme. Will she tell her constituents or her Labour councillors—who she does not think should make planning decisions locally—whether she supports the 1,694 fewer houses that her Government are requiring her council to deliver?
My local authority has committed to building homes and it has a good record. One barrier to being able to deliver homes at speed is the fact that we see infrastructure delayed year after year. With the Bill’s proposals to allow CPOs and land assemblies to happen far quicker, we will see homes built at pace in a way that we have not seen in a generation in this country.
I take this opportunity to thank the Ministers and their teams for their work. The Bill provides a generational opportunity for us to get house building back on track in this country. It is a welcome shake-up to the planning system. It will help to deliver the homes and infrastructure that are so desperately needed in this country. It is the first step of many that will allow us to tackle the housing crisis that my constituents in Barking and Dagenham are so badly impacted by every single day.
I thank the hon. Lady for that point. The housing target for London is 88,000. She will know well that the previous target was never remotely close to being hit under the previous Government. With targets not being hit, we are interested in net new dwellings: affordable and social housing for the people I am most concerned about in my constituency. That is what the Bill will help to achieve.
I am delighted that we finally have a Government who have the ambition to tackle the problem. On energy, I am pleased that the Bill will deliver faster and more certain planning consent for critical infrastructure, including upgrading our electricity networks and maximising new clean energy sources. The Bill will move us on decisively from the era of the onshore wind ban, plummeting investment, and reliance on Putin and his fossil fuel oligarchs. If we are serious about speeding up delivery, however, we must address the capacity crisis in planning departments, so it is welcome that the Government have committed to 300 new planners. What assessment has been made of the total need for planners across the country to get to the level of approvals we need to meet our housing targets? Can the planning fee reform in the Bill support that recruitment through full cost recovery? We know that planning reform must be matched by the people and resources needed to make it work.
I thank my hon. Friend for his speech and for highlighting the gaps that exist in local government. I am sure he will recognise that, as the Local Government Association and the National Housing Federation have said, only 80% of local authorities have the capacity at the moment—in fact, it could be far less. Does he agree that that is a real concern?
Planning and Infrastructure Bill (First sitting) Debate
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(4 weeks, 1 day ago)
Public Bill CommitteesI am also a member of the National Infrastructure Planning Association.
I was a local councillor until I resigned last May, but I am not sure whether I need to declare that. I am a vice president of the Local Government Association, which will be relevant for the panel this afternoon.
Until the general election I, too, was a solicitor and I had a practice for many years in the energy sector.
Planning and Infrastructure Bill (Second sitting) Debate
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(4 weeks, 1 day ago)
Public Bill CommitteesQ
Victoria Hills: Very briefly, capacity and capability have been a hindrance in local authorities for a number of years. We have lost 25% of local authority planners alone in the last seven years, and that cannot continue. We are working with the Department and many partners; Public Practice and Pathways to Planning are both really important at this moment in time. The chief planner is there to advocate for those resources at the top table of local government and to ensure that they have a statutory basis on which to retain the budget.
Despite everything that everybody is doing to bring in more planners—with private sector money as well; we are working with the British Chambers of Commerce on a new planning scholarship, using private sector money to solve the crisis of lack of capacity—our biggest burning platform at the moment is the uncertainty regarding the level 7 apprenticeship. Some 60% of apprentices in local government come from under-represented groups within the profession. Unless we have urgent clarity soon as to whether or not our chartered town planner apprenticeship can continue, we are seriously worried about the pipeline of planners going into local government. It would be remiss of me not to mention that in the context of your capacity question.
On local plans, of course it is not good enough that only 40% of local authorities have an up-to-date local plan. That is an urgent priority. Of the 25% of local authority planners who have left local government in the last seven years, we suspect the lion’s share were in those local planning teams, and we need to work urgently to put that capacity back in. The apprenticeship will go some way, as will Pathways to Planning and the planning scholarship, but there is no time to waste in ensuring that we put that capacity back in. We think that the statutory chief planning role will not only have the right level of seniority to advocate for it, but they will actually help restore planning departments as a real career choice for graduates coming out of planning schools now.
Q
May I ask you about land value? I am a London Member of Parliament and an ex-council leader, and land value is by far the most cited reason—by local authorities or the private sector—for development not coming through the pipeline in the last couple of years. To what extent do you think the challenges around infrastructure are impacting land value, and so holding up development? Do you think that the Bill goes far enough to tackle the length of time and the current cost of developing infrastructure that could contribute to land value going up and ultimately deliver homes?
James Stevens: All infrastructure is critical, but by “infrastructure” are you referring to really critical infrastructure, such as utilities, energy and water?
Q
James Stevens: London’s public transport network is probably the densest anywhere in the country. I do not necessarily see transport infrastructure as the No. 1 barrier to housing delivery in London, but you probably have local experience of that. I live on the Old Kent Road. It has been promised the Bakerloo line extension for a couple of decades, but that has not stopped increasing investment in that “growth zone”, as it is defined by the Mayor of London.
Q
James Stevens: That is why the devolution White Paper would give the mayors enhanced powers to do things such as bus franchising, drawing in investment, taking over trains, and increasing passenger numbers. Development of public transport infrastructure is really critical, and the lack of it is holding back the growth of many of our major cities in the north. I go up to Sheffield, which is a city region that is underperforming against its potential because it does not have the public transport infrastructure.
Kate Henderson: We know that infrastructure provision, whether of new reservoirs, or of capacity on our roads or rail is the key to unlocking a lot of strategic sites. The Bill’s larger infrastructure regime, its speeding-up of processes and the ambitious target for 150 decisions on major infrastructure are all welcome, but we must look at the long-term housing strategy alongside our transport and industrial strategies, which are coming forward, and be able to co-ordinate them all.
You asked whether land value is a barrier. Let me touch on the clauses about compulsory purchase, particularly clause 91, about hope value. We strongly support the clause, which specifically provides for hope value to be disregarded for affordable and social housing where that is in the public interest. We want that to be embedded across the planning system, not only because of the children in temporary accommodation but for the ability to create fantastic, inclusive places that meet the needs of people throughout their lives, and of people on different incomes.
We should be clear that the act of granting planning permission is a public good. This issue is about fair and reasonable land prices, so we should compensate at a fair and reasonable level, ensure that the public can capture the uplift after planning permission has been granted, and ensure that that leads to more viable developments with a higher proportion of social and affordable housing.
I put on the record that we support the CPO powers. CPOs are rarely used, but stronger CPO powers for public authorities are a good thing to encourage land to come forward. Of course, to do that effectively we need legal expertise, capacity, and risk appetite in the local authority. That is a challenge, but it is welcome that the Bill gives the tools to do that. Some capacity building is needed in local government. I commend the Government for bringing forward the measures on hope value, because that is really important in how we meet the housing crisis.
Order. We have come to the end of this session. On behalf of the Committee, I thank the panel for their evidence.
Examination of Witnesses
Matthew Pennycook MP and Michael Shanks MP gave evidence.
Planning and Infrastructure Bill (Third sitting) Debate
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(3 weeks, 3 days ago)
Public Bill CommitteesI am happy to take as many interventions as hon. Members want to make, but I am concerned about the timing, Mrs Hobhouse.
If Members feel that they have additional things to raise, they should feel free to speak.
I was rising to make my speech, Mrs Hobhouse, not to intervene; I apologise. It is a pleasure to serve under your chairship.
A crucial component of the ability to deliver homes across the country will be to deliver transport and other infrastructure projects. The measures in the Bill go some way towards speeding up the statutory processes of consultation in the delivery of infrastructure projects. As I outlined in my speech on Second Reading, the pre-consultation period for infrastructure projects is a major cause of delay for infrastructure being delivered. To echo the Minister’s remarks, the status quo in this country is simply not working to speed up the process.
As matters stand, applicants operate in what I describe as a hyper-risk-averse context. Delays caused to pre-application contribute not only to the length of time that it takes for infrastructure to be delivered, but to the cost. Other Members rightly identified the lower Thames crossing, which impacts my constituency; 2,000 pages and £800 million spent are figures that have served absolutely no one, and certainly not the taxpayer.
Does the hon. Lady not agree that getting rid of the pre-planning application consultation completely will disenfranchise residents and constituents from engaging with the process? Sometimes that process can solve some of the issues down the line. I understand that it takes too long—I agree with and have strong sympathy for her points—but should we not be able to speed it up while allowing that engagement to take place?
I thank the hon. Member for his intervention, but I do not think that the change would prevent applicants from continuing to engage with residents and elected Members. All it would do is avoid putting additional onus on a process that is costing the taxpayer a huge amount of money.
I will go further. Having spoken to members of our community, I have heard over and over again that there is consultation fatigue with the endless stream of negotiations. Before we even get to a statutory consultation period, we have had many years of something that has been proposed with no statutory framework. This proposal has the good intention of a material change that will shorten the consultation period.
The hon. Lady is being generous in giving way as she makes an interesting and good speech based on her expertise in local government. I pay tribute to her for that. She outlined how there can be delays in pre-application. Does she not accept that that very length of time shows that there are issues to be resolved? Does she understand why some people are concerned that the proposals to remove that pre-application process place the onus on applicants to conduct the consultation, and without any safeguards? Potentially, residents and residents groups, constituents and local organisations, such as wildlife trusts will go without their genuine concerns being met by a system that now puts an onus on the people who want planning applications to go ahead.
I do not accept that, because the statutory consultation period will still be in place and thresholds will still have to be met. The reality is that, as things stand, the pre-consultation period has become a beast in itself, which I do not believe is serving our communities. Years and years of endless consultations, including pre-consultations and pre-application consultations, is not true engagement with communities. That part of the process has become a period in which the applicants just try to derisk their approach to crucial infrastructure in this country, which will see land unlocked so that homes can be built.
I do not think that anybody wants “years and years” of contest, but is it impossible to retain the requirement for a degree of pre-application consultation—perhaps within a shorter timescale or with a more tightly drawn set of consultees—so that issues can be dealt with informally and in advance, to prevent more problems arising further down the line? To sweep everything away seems excessive.
Manifestly, we do not want years of delay before the delivery of infrastructure, but the truth is that that is exactly what is happening in this country. There are years and years of delay, in part because of the pre-application consultation period.
There is nothing preventing applicants and local authorities, or communities and organisations, from working pre-application on the sort of engagement that the hon. Member is referring to, but including it in the proposals in this way would heighten the legal risk for applicants, making them very resistant to submitting their application formally before going through every single possible step. As hon. Members have highlighted, there is a very long list of examples where the status quo has created a huge burden, made the processes incredibly long and cost the taxpayer a huge amount of money. I think I recall the Minister saying that the proposed amendment would save up to about 12 months and £1 billion, which could be the difference between an infrastructure project being viable or not being viable. Infrastructure projects being viable will mean the land value will increase, and the potential for land to be unlocked and millions of homes to be built across the country will be realised.
I am intervening on a different but still very much related point. What is also really important for me is that we remain attractive as a country to foreign investors and others who are looking to invest here, including in the infrastructure that enables our country to grow and creates jobs. It is important that investors want to come and invest here. The longer the process or the greater the burden, the less likely they are to invest here, and we will lose out to other places across the globe. Does my hon. Friend agree that we need to tackle that issue?
I am so glad that I gave way to my hon. Friend, because that was precisely the point I was going to make and he has made it incredibly well. If we are serious about building homes across the country and about seeing the growth that investment in infrastructure, not least in transport infrastructure, will deliver, we absolutely have to give industry certainty. We have to be able to say to the public, “This will happen with speed.” The amendment seeks to deliver that and it is absolutely in line with the aspiration to speed up the planning process in this country, which at the moment is holding back investment, and to unlock land for development and infrastructure investment.
I have a lot of sympathy with the comments made by the hon. Members for Doncaster East and the Isle of Axholme and for North Herefordshire. I appreciate that the clause was tabled quite late, and the evidence that we heard last week was mixed. The National Infrastructure Commission gave us its views on the impact of pre-application consultation, and local authority representatives who are responsible for that section of the planning system’s decision making said that they have quite significant concerns.
The Opposition have sympathy with what the Government are trying to achieve, but it seems to me that, as the hon. Member for Taunton and Wellington outlined, we need to look at alternatives. It may be that a regime of deemed consent is a mechanism we could use to speed up elements of the process, or perhaps altering how we set out the requirements of pre-app consultation.
I know that you have extensive experience in local government, Mrs Hobhouse, and you will be aware that, as a matter of law, Parliament has set numerous obligations on local authorities in respect of the quasi-judicial process that they follow in planning, and numerous other obligations in respect of what they do for their communities. The pre-application process is a means drawing out, before a major application is made, how the impacts may play out.
I can draw a good recent example from personal experience. The Chancellor, at the Dispatch Box, said that Heathrow expansion, and airport expansion more generally, would be enabled because sustainable aviation fuel would reduce emissions. It is true that sustainable aviation fuel mandates reduce the overall lifetime emissions from a given quantity of aviation fuel, but they do not reduce the level of pollution at the tailpipe of the aircraft at all. So when we look at Heathrow airport, it does not matter whether the fuel burned there is sustainable aviation fuel or conventional aviation fuel; emissions within the locality, which are what give rise to the legal obligations on the local authority regarding air quality, remain the same. It is not a solution. When a developer proposes to create a solar farm, a battery storage area or a nuclear power station—or any kind of major infrastructure—the pre-application process gives the local authority an opportunity to begin to understand which of its legal obligations may be engaged by the application.
I am conscious of the experience that the hon. Member for Barking described, illustrating the need to streamline the process as much as possible, but clearly, as several hon. Members have said, the major risk of that is that a developer comes along and sets out an ambition for a development, and residents are consulted and their response is, “In general—in principle—that sounds okay, but what will the impact on us be? Do we understand that from what the developer is putting forward?”
Planning and Infrastructure Bill (Sixth sitting) Debate
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(1 week, 3 days ago)
Public Bill CommitteesI thank the shadow Minister for his intervention. I do not disagree. Instavolt, one of the largest public electric vehicle rapid charging network providers in my constituency of Basingstoke, fully supports these proposals.
The reason why I think the Conservative party’s position is anti-business and anti-jobs is that businesses are crying out for certainty—they want certainty about the transition, not big question marks about the future. I support the removal of the need for a street works licence under section 50, which will cut down on paperwork and costs. I echo the remarks of my hon. Friend the Member for North Warwickshire and Bedworth on accessibility, but I support this proposal, which will allow us to speed ahead and build a world-leading charging network.
It is a pleasure to serve under your chairship, Ms Jardine. I echo the points made by other colleagues: I absolutely support the roll-out of electric vehicles, which is more likely due to this change. To be clear, I think local authorities will welcome it. They have long been frustrated by the current framework, which means that as they seek to roll out electrical vehicle charging points they are met with a planning system that prevents them from doing so at the necessary scale. Clause 43 removes the burden from local authorities and also from individuals, who often want to purchase an electric vehicle but think twice because being able to get a charging point in the convenience of their individual home is too difficult.
Finally, the point about cost is important. When we speak to companies that manufacture vehicle charging points, they are clear that the number of installations helps them to reduce the cost per head. This measure will mean that it becomes easier to install at a faster pace, with the hope that the overall cost will be reduced. I support the measure and think it will be a crucial step in this Labour Government’s important mission to reach net zero.
I welcome the broad support on both sides of the Committee for the intended purpose of the Bill, which will mean that companies installing EV charge points can do so, as I have argued, using permits available online across England, and will no longer have to apply for costly licences, which can take several months to obtain, via a range of different local authority processes. That will speed up the installation of on-street EV charge points and help local authorities to co-ordinate works with other roadworks. I think the use of that digital platform will help local authorities to have an overview of all the installations taking place in their areas.
A number of points have been made. The hon. Member for Broxbourne raised the issue of street works and digging up roads. While I take his point, there is a difference between the installation of EV charging networks and general utilities works, and there is more that can be done to manage that process. If he will allow me, because it is a slightly separate issue, I am more than happy to set out for him in writing what the Government are doing on that particular point.
In general, however, the concerns I have heard relate to safeguards. There is a separate point about whether members of the Committee believe that the existing statutory requirements are fit for purpose or need to be reformed, but I want to make clear that this clause will ensure that the statutory requirements that are in place continue to apply to EV charge point installers. We are not losing any of the existing safeguards, including guidance and safety codes, so the inspections and reinstatements will continue to apply and installers will be obligated to keep their apparatus in working order. In addition, existing regulations already require installers to provide annual reports to the Secretary of State on the reliability of their network, and investigatory powers and sanctions are available to deal with non-compliance.
In relation specifically to pavement access, EV charge point operators will still need to comply with the safety code of practice, which sets out the requirements to ensure access while works are taking place. I can give hon. Members assurance on that point. I hope I have set out that existing statutory requirements will continue to apply, so no safeguards are lost; in moving from a street works licence to a permit, we are just ensuring that we can make it far easier for charge point operators to roll out vital infrastructure.
Question put and agreed to.
Clause 43 accordingly ordered to stand part of the Bill.
Clause 44
Fees for planning applications etc
Question proposed, That the clause stand part of the Bill.
We will oppose the clause. Our reason for doing so is that this chapter of the legislation is a massive power grab and piece of centralisation. The whole Bill—in particular its planning reform elements and this clause—reeks of this Government’s centralising zeal, as I said on the Floor of the House on Second Reading.
I tried to explain our point of view in my interventions on the Minister. He rightly challenged people to say whether there should be a national scheme of delegation, and Conservative Members wholly say that there should not be. I am grateful that he recognises that that is a not an opportunistic viewpoint; it is one that we sincerely believe.
Local authorities should have the power to do what they wish to do, because they are elected by their constituents and their residents. They, too, have a democratic right to exist and to undertake the responsibilities placed on them by the residents of their wards. They have a democratic right and duty to undertake those responsibilities and to participate in their accountability structures as local councillors, delegated to make decisions on behalf of their residents, and of their towns, cities and villages all over the UK.
As I said, we are concerned that the clause is just another attempt to centralise and to give the Minister and the Secretary of State the ability to build 1.5 million homes without necessarily allowing democratic checks and balances to be in place. In further amendments later in the Bill, the Secretary of State and the Minister of State actively try to take power away from local authorities and locally elected people.
Has anyone on the Labour Benches who was in a local authority—I asked this on Second Reading—been approached by their local councillors saying that they are not happy? Former council leaders and former councillors sit on this Committee, and I ask them whether councillors have told them that their own party is taking away councillors’ power and ability to speak for their residents. Members of Parliament in Committee are actively allowing that to happen if they vote for this clause to stand part.
Many local authorities are allowed to choose the way in which they do their business. That is why we do not believe that there should be a national scheme of delegation. In my own regional structures, the county council has a regulatory committee and two planning committees, and the borough council—although I have vast disagreements with how Eastleigh is managed—has local area committees that are accountable to the local wards in their localities. Such committees are actually more democratic, because different parties might represent the ward on them. When I was a councillor in Southampton, we had one planning committee that looked after everything within the authority boundary. All of that is because local authorities, through their own delegated schemes and democratic structures, pick how they wish to conduct their business. The clause will simply stop those local authorities being able to do that.
I am not talking to the Minister only about the size of the committee and the principles behind that. All the way through this clause are regulations for the Minister to lay, not only about the size and composition of committees discharging such functions, but requiring which functions are to be discharged. Local authorities already have that. We believe that local authorities should be able to decide that.
I challenged the Minister on one of his examples about local plans that are drawn up by an executive but can now be challenged by locally elected members of a planning committee. We do not see anything wrong with that. Local council members represent wards affected by local plans delivered by an executive. Whether that is an executive of the same political persuasion as the councillors who have concerns or of a different political persuasion, councillors have their rights under a local scheme of delegation.
That planning application should be able to go to a planning committee and be called in by a member under the rights that they have as a councillor. If, after its members have been trained through the excellent provision proposed by the Minister, the planning committee still decides to reject the application, that is the power and right of the locally elected councillor, and this Government are taking that right away.
Does the hon. Member not recognise that a local plan has to be approved by full council? That already gives every single councillor the ability to have their say at a full council meeting. Democratic oversight sits not just with local planning committees, but with different local authority functions. Democratic oversight is at its best at full council, and local plans are approved at full council, with a vote for every member.
I accept what the hon. Lady says, but I do not agree that a local ward member who may disagree with the local plan should not then have it considered in planning committee later on. Of course, a full council does meet to approve the local plan, but I go back to my original point: that is an executive decision.
It is an executive decision. An executive is required by legislation to put five-year housing land supply forward under a local plan, and a local plan is approved by full council. That work is undertaken by officers, signed off by a lead member for environment or planning under their responsibilities, and put forward to full council. The hon. Lady is absolutely right about that, but why does she then say that if a ward member wants to call in a planning application that affects the constituents who elected them in the village they represent, that should not be allowed to go to a planning committee and be decided on by that committee, whether or not it is against the executive’s local plan?
Does the hon. Member not recognise that once a local plan is approved at full council, it is a regulatory framework that has legal standing? That is the framework on which a planning committee bases its decision. I take the point that members may want to voice a view, but in the context of a regulatory framework, all we are doing is setting people up for failure and costing taxpayers money for decisions that will be overturned on appeal.
Again, I understand where the hon. Lady is coming from, but it is still within the rights of the appointed planning committee to say yes or no to the detailed development proposals. Local plans talk about numbers and locations. Planning applications that go before officers but are then called in by the committee are discussed in detail: what the developments look like, how many affordable houses there are, and what roads and community infrastructure there will be. That is the right of local planning committees, and under these measures this Government will take that away.
Why does the Minister feel that he and the political leadership of his Department should say what functions should be discharged by a committee, sub-committee or officer, and what conditions local authorities should abide by? I say that that is the right of the local authority, and that a scheme of delegation drawn up through consultation by local members in a full council or a committee role should perfectly satisfy the democratic checks and accountability that local people expect.
We said earlier that one of the only ways in which people engage with their local authorities is through the decisions that their councillors make on planning applications. This Minister and this Government are potentially taking that away from a huge number of people across the country, just because they want to get their 1.5 million houses through. They are doing so based on what they think is acceptable, despite the fact that local councillors may not find it acceptable to them. That is a disgrace. This is the way in which this Government have decided to go forward on delivering their 1.5 million homes—through mandatory targets in urban versus rural areas, a national scheme of delegation, and taking power away from local planning authorities, local councillors and lead members.
The Opposition say that that is a disgrace. That is something that local members should be doing. At every sitting of this Committee and at the later stages of the Bill, we will always say that locally elected councillors should have the power and right—they have the democratic responsibility and the democratic mandate—to make local decisions for local people. This Government are taking that away. We will oppose this clause and push it to a Division, because it is simply not right for the people in this country, who elect their councillors to speak for them. Every hon. Member on the Government side of the Committee whose councillors and constituents are affected by planning decisions is effectively saying to those councillors that they are not good enough to make decisions on behalf of their ward members, and that those ward members should not be making decisions on behalf of their councils. I look forward to them explaining that at their AGMs.
I have heard comments about the planning system during the debate, but less focus on the fact that we have a housing crisis that has manifested itself in record numbers of people living in temporary accommodation, with young people unable to buy properties and many people priced out of the communities into which they were born and in which they live. A national housing crisis requires a national solution.
I do not believe that the proposed changes in any way hinder or damage democratic oversight from a local perspective. The reality is that with the existing framework, it is not possible to deliver planning approvals at the scale that is required to meet the national housing crisis, and a national delegation will help to speed up delivery. We cannot simply depend on a handful of brave councillors who too frequently find themselves in the firing line of decision making for schemes that it is clear to everybody should already have been approved.
I hear what Members say about local authorities, and what the LGA has said. However, the LGA is also clear about the housing crisis our communities are experiencing. The national scheme of delegation gives clarity not only to local authorities and planning officers, but to the industry that we so depend on to be able to build homes up and down the country. The scheme will also speed up processes. The speed at which planning permissions could be granted means that developers are more likely to put bricks on the ground and build homes. It is about recognising the severity of the housing crisis in this country and its impact on millions of people, and choosing whether one is willing to take action to address that need.
I absolutely recognise that we have a housing crisis in this country, but does the hon. Lady recognise, in turn, that it is not just a question of building our way out of the housing crisis? Does she recognise that we have nearly 1 million empty homes in this country, that we have an incredibly unequal housing system, and that financial mechanisms such as the introduction of buy-to-let mortgages had a huge effect in making our housing system even more unequal and unaffordable for many people? Does she recognise that a key part of resolving the housing crisis has to be for Government to take a more direct role in funding the development of more genuinely affordable social rented housing?
I recognise a number of those points, but supply of housing is the fundamental reason why we have a housing crisis in this country. The amendments being proposed sit alongside many of the solutions that she is seeking. Without our ability as a country, including local authorities, to see housing delivered at the necessary speed, we will never see the number of affordable homes we need or a buy-to-let market being constrained in the way that it needs to be. Supply is the No. 1 reason why we are experiencing a housing crisis. We cannot deliver the number of homes we need without fundamentally looking at the planning system.
Finally, on councillors having their say, the idea that councillors run for public office only because they want to sit on a planning committee—it sounded as if a number of Members were insinuating that—is, I am afraid, a little out of touch. There are lots of ways in which local authorities and councillors can make a difference. Planning committees are indeed one of the most attractive committees, but there are multiple layers of regulatory policy in a local authority that members not only can have a say on, but get to vote on. Earlier, I referenced a local plan that full councils are required to vote on.
An officer making a decision on an application that will not go to a planning committee does not remove a local authority’s ability to put out for consultation. Members of the public, and indeed councillors, will still have the opportunity to submit their views through what will be a statutory consultation period. Local authorities and planning officers will be obliged to take those views into consideration.
I want to underline the point that if we accept that there is a housing crisis in this country and that the planning system is broken, surely planning has to be an aspect that we look at in recognition that local authorities are sometimes being hindered by the existing framework. The speed at which we can deliver housing through a more streamlined planning system, putting faith in professionals in a local authority alongside councillors, will allow us to deliver the 1.5 million homes that we so desperately need.
I will start where the hon. Member for Barking finished. We know that the planning system has delivered consents for 1.5 million new homes in England, where the development sector has failed to step up. One of the things much debated among political parties is the fact that that seems to suggest that, although there are undoubtedly issues, the planning system has been good at producing the opportunity for those new homes—the challenge has been the inability of the development sector to step up to the plate. That should be the priority to address.
My hon. Friend the Member for Hamble Valley mentioned the Mayor of London’s recent decision about going into the green belt. That is in the context of a capital city that already has 300,000 unbuilt planning permissions for new homes. The Opposition’s argument is that the priority should not be increasing the stock of unbuilt planning permissions but delivering the homes that our country needs.
The hon. Lady shakes her head, but I have sat on a planning committee and seen developers come forward and make planning applications in line with local plan allocation on outline, which means that we are just discussing the principle of development, or potentially the numbers or the access, with all the detailed designs left to the full planning application. It is set out in gold. We get everything we want. We get a good 106 negotiation. There will be a new doctors surgery and a new school. Lo and behold, when that same developer comes back with a full planning application, it is completely different, but because the principle of development has been established it is very difficult to then turn down. Developers are taking some councils for a ride, and we need to be careful of that.
The hon. Gentleman will recall that he and I worked very closely: we are part of a small percentage of ex-council leaders who actually saw through a local plan.
We had to work together on a statutory basis to consult each other’s local authority, so I recognise the points that the hon. Gentleman makes around the pressures of the planning system, particularly as we both have scars on our back, having seen local plans through. However, I ask him to reflect on the fact that a number of the issues that he raises can be effectively dealt with through local guidance and design principles—an authority within the administration that has set out clear guidance, not just for the public in their place but for applicants.
Those are very separate issues from what the Government propose around a national delegation scheme, which is about speeding up the process for what will be a national framework to agree to a number of houses to meet a target. His points are really important, but they would not be lost through what is proposed in the amendments.
Planning and Infrastructure Bill (Seventh sitting) Debate
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(1 week, 2 days ago)
Public Bill CommitteesLet me begin with amendment 76, tabled by the hon. Member for Ruislip, Northwood and Pinner, which seeks to remove provision for the establishment of strategic planning boards that would allow two or more authorities to produce a spatial development strategy jointly. The main purpose of strategic planning is to provide a mechanism for cross-boundary planning between local planning authorities and to plan for growth on a scale that is larger than local. For that to be done as effectively as possible, it is essential that spatial development strategies are produced across the most appropriate geographies. To that end, it will be necessary for some strategic planning authorities to be grouped together so that they can produce a spatial development strategy across their combined area. Unless SDSs are produced across appropriate geographies, they will not be as effective as they could be and the full benefits of strategic planning will not be realised.
To address the perfectly reasonable point made by the hon. Member for Hamble Valley, establishing strategic authorities nationwide will be a gradual process, as I said, and the Government want all areas of England to benefit from effective strategic planning as soon as possible. Therefore, in some cases, responsibility for producing an SDS will transfer between different authorities while the broader reforms are being undertaken. We are seeking powers in the Bill to complement existing powers to make regulations for transitional arrangements when such scenarios occur, similar to how responsibility for a local plan can transfer when a local authority becomes a unitary authority. On that basis, I hope that he will withdraw the amendment.
I turn to amendment 122, which seeks to add provision for infrastructure delivery plans and funding to the list of matters in proposed new section 12C(3) to the Planning and Compulsory Purchase Act 2004 that the Secretary of State may consider, including in regulations establishing a strategic planning board. I should make it clear to the hon. Member for Didcot and Wantage that that list is not exhaustive. Indeed, proposed new section 12C(2) is clear:
“Strategic planning board regulations may make provision about…such…matters as the Secretary of State considers are necessary or expedient to facilitate the exercise by a strategic planning board of its functions”.
In general terms, the Government are clear that new development must come with the appropriate social and physical infrastructure and amenities for new communities to thrive. The hon. Member for Broxbourne challenged my hon. Friend the Member for Dartford, saying that there are not provisions in the Bill directly relating to things like infrastructure delivery plans. That is right, but the Bill is not the sum total of the action the Government are taking in housing and planning. As my hon. Friend alluded to, we are talking action in other areas. However, to address the point made by the hon. Member for Didcot and Wantage directly, it is not the Government’s intention for strategic planning boards or any other strategic planning authority to be required to produce an infrastructure delivery plan, although I am more than happy to pick up the wider discussion about infrastructure with him outside the Committee.
I thank the Minister for reiterating the Government’s position and commitment to infrastructure delivery alongside housing. Will he comment specifically on infrastructure that allows people to get on a train and go to work? Does he agree that transport infrastructure is critical and that we must not build homes in the middle of nowhere, which condemn people to poverty? The ability of people to connect to places by getting on a train or a bus to go to work and earn a decent wage, and then to get back home, is crucial for an economy that works for everyone.
I absolutely agree with my hon. Friend. As we know, done properly, transport infrastructure and effective interventions in that regard can unlock huge numbers of homes. As I said, the Government have already taken action to support the provision of infrastructure, for example in the changes to the national planning policy framework in December last year, and we are looking at what more can be done, but it is not necessary for the clause to introduce that.
I will make a final point about how IDPs work now. IDPs are put in place where local authorities decide to take them forward, on the basis that they support the delivery of a local development plan. Local development plans have to be in general conformity with spatial development strategies. There is a clear link here, even though we are not asking strategic planning boards to have responsibility for bringing forward IDPs in the way that the hon. Member for Didcot and Wantage suggests. I hope that I have given him some reassurance and, on that basis, that he will agree that amendment 122 is not necessary. I also request that the hon. Member for Hamble Valley withdraws his amendment 76.
I rise to speak to new clause 104, which relates to green belt protection. We recognise that the Government’s proposals are set out in the national planning policy framework. We do not support the way in which the standard method is being imposed on local authorities, nor do we support the way in which green belt release will be forced on local authorities through the requirement that they review and effectively release land for green belt. However, among the rules that the Government have put forward, we sympathise with the strictures they have come up with for the release of green-belt land where local authorities decide to do that, which should support higher levels of social housing.
Our new clause would require a quid pro quo for the release of green-belt land, which clearly will happen—it must happen, because it has been required and dictated in an NPPF. Local areas want to see proper protection for their green-belt land. Indeed, many areas would like to have a green belt, but it is extremely difficult for areas that have not historically had green belt to introduce it, such that there are hardly any areas where that has ever happened.
There is therefore an inequity in terms of protecting land. Greenfield land can be just as valuable and important in Taunton, where we have green wedges stretching into the centre of town, as it is in and around London, where there is official green belt protection. Our new clause would provide for local authorities to carry out a review of the green belt and then to protect that land from development for 20 years. That semi-permanent protection would be a quid pro quo for the loss of green-belt land that many authorities will see under the NPPF.
It gives people a real sense of the planning system’s failures when they have believed for years and years that a piece of land near them is protected green belt, but then they attend the planning committee or some meeting, and a planner—possibly like myself in the past—comes up and says, “Oh, no, no. It’s not actually protected any more. It’s not got long-term protection; that protection didn’t mean anything,” and it is wafted away. Communities want to know how their most precious areas of green land will be protected. Our amendment seeks to provide them with a mechanism to establish green belt protection for at least 20 years.
It is a pleasure to serve under your chairship, Dr Huq. I would like to make a couple of points about the green belt, not least because I would like to address the direct comments from the shadow Minister.
I do not expect him to have followed my very short career to date or my position on the green belt, but just for the record, my long-standing position has been to identify appropriate areas on the green belt, particularly in London, where we have a housing crisis, that can be built on. The truth is that there are many areas of the green belt—areas that could, indeed, be described as grey belt—that already have some kind of development, perhaps without planning permission, or where enforcement is needed, that are entirely appropriate for housing development, and many of those areas are already well connected.
In my constituency, a new train station has been built in the Barking Riverside area in recent years. It is not green belt, but it is strategic industrial land. In our discussions about well-connected neighbourhoods, we often forget the pressure on strategic industrial land, too. That is a good example of where infrastructure was delivered and houses have followed. The rest of the country can follow that example.
On the point about urban areas needing to be the priority for development, of course, we have to see urban development intensify in housing delivery, but many of our urban areas already have high density, and overcrowding is a familiar picture. It is simply not possible to deliver the housing numbers we need by looking only at urban areas. I often hear the argument that it should be brownfield sites first. Of course, they should be first, but if people think there is a secret drawer full of brownfield sites that will deliver the housing numbers we need in this country, they are out of touch with the housing pressures facing our communities.
The hon. Lady is right that I have not followed the minutiae of her career, but I know from her comments in the Chamber and this Committee that she has an expertise that we should all listen to, even if we disagree. She led a council for a good while, so I know that she is an expert in these areas.
She outlined in her comments that urban areas should have a higher rate of delivery because they are of higher densities. Why is it, then, that on the Floor of the House, that is not matched by what she is voting for? Housing targets under the new algorithm in her area and her constituency are being reduced, while in rural areas, where she is concerned about the lack of infrastructure, they are being increased exponentially. How does she defend that, with what she has just said?
The hon. Member gives me the opportunity to make two points. First, the Planning and Infrastructure Bill will allow the Government to spearhead infrastructure delivery in this country in rural areas that do not have the necessary infrastructure. That is why the Bill is so important. With the necessary infrastructure, we will be able to see the delivery of homes not just in urban areas. Secondly, to the point about housing delivery in Barking and Dagenham, the area has some of the most impressive stats for house building in London and the rest of the country. It has been delivering housing at a much better rate than areas not just in London, but in the rest of the country.
My final point is about the threat to the green belt, which the hon. Member for Taunton and Wellington mentioned. The biggest threat to the green belt is not having a strategic approach to planning in this country. If we take the absence of local plans in areas, as it stands, the legal framework means that if a planner says no to a planning application, and there is no up-to-date local plan, then on appeal, the appeal process can enforce such that the development happens in the green belt anyway. We need a strategic approach across the country that not only encourages or, in fact, forces local authorities to have up-to-date local plans, but ensures that house building—alongside infrastructure, which I firmly believe the Bill will help to deliver—is fair in its approach to delivering homes.
We cannot just build in urban areas. We do not have that capacity. It is unfair for those who are already living in overcrowded accommodation. People deserve to have access to open and green spaces, and our rural communities deserve to have the infrastructure necessary for well-connected neighbourhoods. I firmly believe that the Bill supports that, and that the debate around green belt and access is more nuanced than some Opposition Members have set out.
It is a pleasure to serve under your chairship, Dr Huq. I rise in support of amendments 72, 75 and 82. I await with anticipation what the Minister will say, because surely we can all agree that green belt should be protected and that we should do brownfield first. Sometimes, under the current planning system, green-belt land gets developed on through the back door.
Even if a council has an up-to-date local plan, there can be issues if it does not meet its five-year land supply or housing targets in terms of its build-out rates, which the council has very little control over. The council has control over the speed and determination of planning applications. However, it can approve all the applications it wants—it could approve thousands—but if the developer or developers are not building them, the council then gets punished. Someone else will come along and say, “I want to develop on this piece of green-belt land,” and when that goes to appeal, the Planning Inspectorate will say to the council, “You haven’t got a five-year land supply, and you’re not meeting your build-out rate targets.” It is the community and the council that get punished for developers not building what they have been given approval to build.
Planning and Infrastructure Bill (Twelfth sitting) Debate
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(3 days, 1 hour ago)
Public Bill CommitteesLet me emphasise the point around viability and the impact of a precarious economic situation on developers’ ability to build. Does the Minister agree that the challenges for the private sector that he has set out also apply to local authorities? In estate renewal in London, for example, many have had to relook at the viability of that and have seen delays for a number of years because markets have changed and the land analysis has altered. It is a changing picture depending on the moment in time, and one that it is inextricably linked to the economic picture at the time.
My hon. Friend is right. If we are having a mature conversation about this, we have to recognise that economic circumstances can change and that the costs that developers are having to deal with—build material costs have increased significantly, particularly in London—are factors they do have to weigh in their judgments. On the other side of the coin, it is important, in strengthening the section 106 system, that we are ensuring local authorities can negotiate robustly on those agreements and that we hold developers to the commitments that they make. The Government’s intention is to do both.
I am delighted that the hon. Member agrees. We can all agree that there is a crisis in affordable and social housing. Unless we set targets to tackle that at every level of housing planning, we will be guaranteed to fail to create the affordable and social housing we need.
Does the hon. Member recognise that targets were in place for a number of years, and that in most cases local authorities failed to meet them, not because of a lack of trying, but because market circumstances meant that viability did not work and planning permissions could not get through, and for a variety of other reasons? Targets do not, in and of themselves, drive delivery in the numbers we need in this country.
I recognise that multiple factors drive the delivery of social and affordable housing—and, indeed, the achievement of any targets so to do—but what the hon. Member said is a bit inconsistent, because the Government have just introduced huge new housing targets based on an argument that we have to have targets for particular numbers in particular locations, no matter how well suited or otherwise they might be to the circumstances of the local planning authorities. Members cannot argue that housing targets are really useful at the level of overall numbers but not useful in relation to affordable and social housing, which is the point of crisis.
The Minister said, in his response to a previous new clause that I spoke to, that we need to recognise that building any sort of housing is helpful. I kind of get his point; I think he is trying to make a sort of “trickle up” point—that people can trickle up out of the most affordable housing and into more expensive housing, and that vacates the cheaper housing—but the fundamental problem is that we have nowhere close to enough genuinely affordable housing, by which I mean social rented housing, being built.
This is therefore a very reasonable amendment, simply asking that, at every level of housing plan—local and national—targets are set. It does not say what those targets should be; it just says that each plan should set a target for affordable housing and social housing.
I thank the hon. Member for his point, which is actually exactly the same point that the hon. Member for Barking made, essentially—