Housing and Planning Bill (Fourteenth sitting)

Peter Dowd Excerpts

Tuesday 8th December 2015 Public Bill Committees

We know from the Government’s track record over the past five years that a combined approach of increasing planning consents and deregulating the planning system is not helping the increased delivery of new homes. Against a backdrop of increased planning consents and continued deregulation, house building starts fell by 14% between April and June of this year. Amendment 284 seeks to ensure that permission in principle has a minimum level of content. That will benefit both developers and communities. The amendment states simply that permission in principle should include an appropriate level of density for the site in question, an indication of suitable dwelling mix, the affordable housing requirements for the site, and an indication of the community and social infrastructure requirements. Those are all areas of key focus for objections through the planning process.

[Peter Dowd (Bootle) (Lab)]

Many of us remember the brutalist structures built in the 1960s and planned under Tory Governments in the 1950s, and we recognise how dreadful many of those buildings are. Does my hon. Friend have any fear that proposals such as the Government’s will lead us back to those brutalist buildings?

[Helen Hayes]

One of the great concerns about the Government’s proposals is that at present they contain no safeguards on quality of design, which our communities all care very much about. Which of us, as elected representatives, has not been asked to represent constituents objecting to a planning application because it is too tall, or too many homes are proposed, or because it is all small flats where the local need is for family-sized homes, or there is insufficient affordable housing?

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[Dr Blackman-Woods]

Thank you, Mr Gray.

We know that the Government’s productivity plan indicated that the proposals for permission in principle would relate specifically to brownfield land, but the Bill itself—I think the Minister confirmed this on Thursday—places no such limitations upon it. Given the three methods that can now lead to permission in principle, this could be fairly widely applied. If it is going to be so widely applied, I hope that in his summing up the Minister will say what will happen to local communities, how they will have a say, and in particular what will happen if they are really unhappy about some of the details. My hon. Friend the Member for Dulwich and West Norwood was right to say that although people might have concerns or objections about building in a particular area, often these can be alleviated or ameliorated with some discussion about the type of materials to be used, or by more land being given over for environmental benefits or something of that nature. We are absolutely not clear how that happens in this case.

[Peter Dowd]

Does my hon. Friend agree that this is one of the most centralising pieces of planning legislation that this country has ever seen, dressed up as localism?

[Mr Thomas]

Stalinist!

[Peter Dowd]

Indeed, it is almost Maoist. Does my hon. Friend the Member for City of Durham agree that the reality is that local people would rather trust local decision makers than centralised diktats from Secretaries of State?

[Dr Blackman-Woods]

My hon. Friend makes a powerful point and comes to the nub of what I want to ask the Minister. As requested by Wildlife and Countryside Link and many other organisations, he needs to confirm that the measures are not a contravention of article 6 of the Aarhus convention, which was ratified by the UK Government in 2005. I am sure the Minister knows, because he studies the convention over breakfast in the morning to ensure that all planning decisions that come to the Department do not contravene it, that the article sets out standards for public engagement, with particular regard to ensuring a strong local agenda. It is public engagement in its widest sense.

People are concerned that the Government proposals simply ditch the entire localism agenda and that they are instead adopting, as my hon. Friend just said, a highly centralist and top-down approach to how planning permission is granted.

Returning to public participation, because of the many ways in which people can get planning permission, the new system will be difficult to navigate not only for the public, who may want to have a say, but for developers, who will have to choose between three or four routes—we do not yet know how many—of getting planning permission. That seems unhelpful.

To emphasise what my hon. Friend the Member for Dulwich and West Norwood said earlier, we learned from the Minister on Thursday that there are no time limits, so if a developer gets permission in principle through a mechanism about which we are not entirely clear at this point, it is possible that nothing will have happened 15 years down the line. What incentive does the system offer for a developer to build once it has permission in principle? It could simply do as developers do at the moment and hold on to pieces of land until the market improves. According to its market model, a developer may want to build 400 houses in a neighbouring borough and hold on to the piece of land until there is a downturn or something of that nature. The National Housing Federation wrote specifically about the proposal that it

“should be time-bound to incentivise delivery.”

We totally agree. Without time limits, we cannot see how the change will speed up planning and the delivery of new housing, which is what we all want. Planning is one thing, but getting houses built is what is really important. We just do not see how the measure will achieve that end without some timeframes.

I want to speak in support of paragraph (a) and also briefly on paragraph (b) proposed in amendment 285. It is incumbent on all of us, but in particular the Minister, given that it is his responsibility, to ensure that if additional burdens are placed on planning departments or a strong role is required from them to make these measures work, local authorities are given the resources to undertake that work. We know that they have had a 46% cut in funding in the last five years and that fees are not set at full cost recovery, so taxpayers make up the approximately £450 million needed to make planning departments function. A number of people have told us that this is a serious issue. It needs a serious response from the Government about how they are going to get the necessary resources into planning departments so that they can deal with planning well, respond quickly and easily to inquiries from the public and, critically, from developers, and turn round planning applications, technical details consent or anything that the new system requires of them both quickly and professionally. Without any measures in the Bill to tackle the lack of resources we cannot see how local authorities can respond in the way that the Minister expects.

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[Mr Jackson]

My Whip is giving me a strange look, so I will be quick. Before I start, I should parry the hon. Member for Bootle with hideous monstrous socialist carbuncles. I offer him the Chalkhill estate in Wembley and the Stonebridge estate in Harlesden as two great results of socialist architecture.

Moving on, the amendments are intellectually incoherent. They pray in aid a commitment to localism and local autonomy, but were they ever given effect they would be very prescriptive and present serious impediments to new house building. In fact, they would kill stone dead many marginal prospects for regeneration on brownfield sites across the country, and that is a serious concern.

[Peter Dowd]

It is a shame the hon. Gentleman mentioned brownfield sites, because I know one or two things about them, certainly in terms of my constituency. He talks about the amendment killing marginal developments, but some of the sites are so contaminated that the developments should be killed. The contamination is dreadful. The concern I have, which is missed out of these measures and I would like the Minister to comment on, is the testing done on those sites, which can be incredibly dangerous. Those tests should be done and should be codified.

[Mr Jackson]

In fairness, I do not know the hon. Gentleman’s constituency as well as he does, but I have visited Bootle and seen the challenges with regeneration across Merseyside, with Scotland Road, Rock Ferry, Tranmere and other parts of Wirral. Looking at the whole country, there are marginal regeneration cases that have resulted in good-quality housing.

My second criticism of the amendments tabled by the hon. Member for Dulwich and West Norwood is that there is no context. The context is that there are structure plans and local development plans that have gone through the proper processes of public engagement and formal consultation, and those plans are subject to the strictures imposed in primary legislation, including the Town and Country Planning Act 1990. A local planning authority should come to a settled view on what it wants to do with its land. The clue is in the name; the measure is a permissive capacity for the Secretary of State to intervene in extremis where a local authority has not brought forward appropriate land use plans. As my hon. Friend the Member for Croydon South said so eloquently, to put these strict impediments on the face of the Bill would kill stone dead attempts to build more homes and to develop marginal units.

On the points made by the hon. Member for City of Durham, I was concerned by land banking so I looked at the Local Government Association figures from 2012. When one looks below the surface at the facts, the No. 1 factor in this was the capacity and expertise of the planning departments. If a legal duty is imposed on those planning officers to spend significant amounts of public money, both in consultation and viability assessments for these units, it would reduce the capacity of those local planning authorities to give permission. We need to look at the Secretary of State’s plans in that context.