Urban Food Growing (Planning)

Penny Mordaunt Excerpts

Wednesday 4th March 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Communities and Local Government (Penny Mordaunt)]

It is a pleasure to serve under your chairmanship, Sir Alan. I congratulate the hon. Member for Bristol East (Kerry McCarthy) on securing this debate on a topic on which I have a great deal of sympathy with her. I am from Portsmouth, the most densely populated city in Europe—we are also an island—and so very much understand the importance of green space and of allotments in particular.

The Government recognise how important allotments and other open spaces are for local people. They provide people with the opportunity to enjoy regular physical exercise, meet new people in their neighbourhood and benefit from a healthier diet, regardless of income. It is only right that the law reflects that importance.

Local authorities must provide allotments where they see there is a demand for them, and cannot sell or change the use of such land without first getting consent from the Secretary of State. Both the mandatory statutory criteria, set out in section 8 of the Allotments Act 1925, and the additional policy criteria ensure that allotment holders will not lose their plots or have nowhere left to garden. Those criteria make sure that unless there are exceptional circumstances, a site that is fully or mostly occupied will not receive consent for disposal. The criteria also ensure that, before consent is given, the local authority must show that it has promoted allotment gardening and made residents aware of the site it plans to dispose of. Where an allotment site is mentioned in the local plan—perhaps as a designated local green space—the local authority will not get consent unless it can show it is not acting contrary to the plan.

Last year the Department published “Allotment disposal guidance: safeguards and alternatives”, a new set of guidance clarifying the legal and policy safeguards in place to ensure that disposal is properly and thoroughly handled, which is available on the gov.uk website. The process for handling disposal applications is now wholly transparent and sets out each factor that will be taken into account when deciding whether each of the criteria has been met.

We recognise that demand for allotment plots still outstrips supply, but the situation is slowly improving. A survey of allotment waiting lists carried out by the National Allotment Society in 2013 indicated an average of 52 people waiting for every 100 plots, compared with 57 per 100 plots when a similar survey was carried out two years earlier. In addition, the survey indicated that in the two years before it was conducted, 65 new allotment sites had been brought into use by 51 councils, covering 30 hectares, creating nearly 2,000 new plots.

Before I turn to areas of regulation and policy that can assist communities, I will address specific points raised by the hon. Lady, who has asked for some practical help. As she recognises, my limited brief does not extend to either the Department for Transport or the Department for Environment, Food and Rural Affairs, but I am here to be helpful. I am happy to consider whether there could be more encouragement for local food growing when the NPPF is next revised, but she obviously also needs help now.

Metrobus required planning permission from the three local authorities that cover stretches of the proposed bus route, as well as an order under the Transport and Works Act 1982 from the Department for Transport and separate consent to dispose of the sites, which technically are allotment land—the application for that consent is still under consideration by the Secretary of State. It is true that now the planning permissions have been granted only a court could set them aside. We are also beyond the stage at which the Secretary of State can exercise his powers to call in a planning proposal.

As a Minister in the Department for Communities and Local Government, it would not be proper for me to comment on precise aspects of planning permissions, the handling of an application or any planning conditions imposed. Those are a matter for the local planning authority. As I have said, one aspect is still under consideration by my Secretary of State. The merits of the scheme have been outlined to the hon. Lady in a letter from the local mayor. I should clarify that the council is free to submit a revised planning application that would be determined in the usual way; I put that on the record now for her benefit.

An important part of localism is ensuring that councils and communities can protect the green spaces that are precious to them. Local people know their areas better than Whitehall does, and are best placed to make decisions about their planning needs. Local plans, supported by neighbourhood plans, are the best way to steer development to the appropriate locations and decide where planning restraint is essential.

The planning system is led by the policies in the local plan. Those policies are adopted only after public consultation, followed by independent examination by a planning inspector who will check and report on the soundness of each draft plan. Planning law requires that specific planning permissions be obtained before any material change of land use occurs. Planning permission is also necessary for any building or engineering works affecting the land.

Planning policy also puts local communities at the heart of planning. In our NPPF we ask planners to assess the needs of the food production industry and resolve associated planning barriers. Planners should be no less keen to support people in our towns and cities who wish to grow their own food, whether on an allotment or in a domestic garden. The framework also asks local planning authorities to insist on high standards of design, including when it comes to the layout of our towns and cities and the provision of green space within them.

Allotments, along with community gardens, urban farms and other such land uses, are open spaces of public benefit. That should always be recognised by local authorities when preparing assessments of need and audits of existing open space and recreational facilities in their areas, or when considering the impact of new development. Some allotments are on the outskirts of towns, and may fall within the protections given to the green belt or other types of designated area. There, the local planning authority should refuse planning permission for inappropriate new building that would harm the openness of the land. Moreover, in conservation areas, any gardens, parks and other green spaces between the protected buildings may be identified by policies in the local plan as part of the characterisation of the area and preserved for that reason.

The phrase “green infrastructure” may be jargon, but it helps to make the point that the provision and retention of high-quality green open space and tree planting are not only vital to the well-being of communities, but should be part of the strategy to mitigate the effects of climate change. In all our towns and cities, the provision and enhancement of green space is important. The Government have introduced a range of new powers to allow individuals and communities to protect the spaces of most value to them. Those powers include the power for communities to create local green spaces—a designation made as part of a local plan or a neighbourhood plan that enables communities to identify green areas of particular importance and impose protection as strong as that applied to green-belt land. That will be of interest to the hon. Lady.

Neighbourhood planning is capturing the imagination of communities across the country. About 1,400 communities have started the neighbourhood planning process, and more are joining them each week. Neighbourhood plans have a legal weight prior to being adopted through a referendum. The fact that a plan is being written and is in place, subject to a referendum, gives it legal weight; it does not have that status only after a referendum.

I am pleased to see that a number of policies on allotments are coming forward from neighbourhood plans. In some instances, they are about maintaining existing provision, and in other cases they seek to promote the creation of new allotments. If the hon. Lady is interested, I suggest that she look at the neighbourhood plans for St James in Exeter, Thame and Cringleford, which have done some trailblazing things on allotments.

There is also the community right to bid. More than 300 green spaces have been listed as community assets, which ensures that groups can pause the sale of land for up to six months to give them the opportunity to raise the money to buy the land. There is also the community right to reclaim land, which enables community groups to acquire vacant or underused land and bring it back into beneficial use.

The hon. Lady has clearly been active in campaigning on this issue for her constituents. She has spoken to other Departments, and I encourage her to carry on speaking to the Department for Transport, although most of the levers are clearly in her local authority’s hands. Although she will not want to consider failure in her campaign, if she is faced with the option of a plan B, my Department may be able to do some things to assist her, given its remit. The hon. Lady said that Bristol is a trailblazer on this issue, and it is also a trailblazer in recognising the importance of social enterprise. The local enterprise partnership recognises the importance of social enterprises, and it is focused on providing opportunities for economic regeneration, getting those who are in long-term unemployment back to work and so forth. Although I am not completely au fait with them, there are clearly a number of enterprises and ventures that are of value to the community that are contingent on the piece of land in question. If the hon. Lady were faced with that situation, we would not want those enterprises to be placed if jeopardy. If they need help relocating, finance to assist them or any other support mechanism, officials in my Department will be able to help with signposting, and I will be able to talk the hon. Lady through the support and options that are available. If she were in that situation, I would encourage her to get in touch with me. Obviously, her aim is to prevent that from happening. I hope that my outlining of some of the policies available has left her better informed.

[Kerry McCarthy]

I sense that the Minister is about to draw her remarks to a close, but she has not yet addressed the issue of soil quality and the protection of the best and most versatile land in the planning system, which is one of the key things that we have been pushing for.

[Penny Mordaunt]

That is on my list; I was trying to find it. As the hon. Lady said, that is not within my Department’s remit; it is very much a DEFRA issue. However, I will undertake to write to her about the prospects, and about what is done currently and what may be done in the future to monitor what is happening to high-grade land.

[Kerry McCarthy]

I appreciate that the issue of farming, soil quality and so on falls primarily within DEFRA’s remit. However, I asked the Minister’s Department a year ago whether this could be a special category that is protected within the planning system, and the answer was that it could perhaps be dealt with in the local plans. However, as I have outlined, it is not on local authorities’ radars yet. Could the Minister undertake at least to talk to her officials about whether that is possible? [Interruption.] I think a note is winging its way towards her.

[Penny Mordaunt]

Yes, certainly. I have said that I am happy to look at those things when the NPPF is revised. The clock is clearly ticking for the hon. Lady on this issue, and I hope that I have been able to count her through some of the levers that are available to her. She said that it has been difficult for her to get to the bottom of certain facts. Clearly, the process that should be being followed is transparent. It is on the website if she has any technical questions. If she has had difficulty in getting certain facts and pieces of information, I would be happy to follow that up with her.

[Dr Matthew Offord (Hendon) (Con)]

When I was a councillor in the London borough of Barnet, I was responsible for allotments, and the big fear for many of the allotment holders was that the council wanted to sell off the allotments for development. The Minister said that under section 23 of the Small Holdings and Allotments Act 1908 local authorities have an obligation to provide allotments. If the Minister cannot answer me now, will she write to me later to confirm that that may not be the case in London, because of the London Government Act 1963, so the same obligations may not apply to the London borough of Barnet?

[Penny Mordaunt]

I would be happy to write to my hon. Friend on that issue. I will also write to the hon. Member for Bristol East about her ambitions for greater monitoring when the policy framework is revised, and about soil and further things that can be done to encourage local food production. I would be happy to look at that.

In conclusion, I encourage the hon. Lady to maintain dialogue with my Department and others to see whether we can do anything further if she is not successful in her campaign, and if those social enterprises need support in relocating or developing their business plans. I will follow up with a letter, and I encourage her to keep talking to my Department and others.

Question put and agreed to.