Levelling-up and Regeneration Bill (Fifteenth sitting)

Rachael Maskell Excerpts

Committee stage
Thursday 14th July 2022 Public Bill Committees

[The Chair]

Because it is so hot, I am happy for Members to remove their jackets, if they so wish.

Schedule 7

Plan making

[Rachael Maskell (York Central) (Lab/Co-op)]

I beg to move amendment 121, in schedule 7, page 227, line 15, at end insert—

“(e) other community organisations representing members of that community”

This amendment would extend the group of determining bodies to include community groups.

It is a pleasure to see you in the Chair, Mrs Murray. Given that planning has to be about our local communities, I find it astounding how little agency communities, community groups and residents have in the process. As we heard this morning, it seems that their voices will be diminished by the Bill, rather than expanded. Therefore, I believe that my amendment would help give communities some agency within the planning process.

The Opposition really value civil society, and we value individual residents and their different views. We value businesses and our community groups, and I believe that their knowledge and passion for the local area is irreplaceable. They know the challenges, the investment that is needed, and the people. They should be the drivers of development, and they should be seen as central participants in any planning process or development. The amendment is designed to ensure that copies of reports are received by local communities, whose voices seem diminished in the Bill, because Labour wants to amplify the voices of the people most affected by planning.

In my constituency, there are just too many groups to mention. However, if we are looking at the planning process for transport, I think about the York Bus Forum, Walk York and the York Cycle Campaign, which provide the best analysis of the current and future transport needs of our city. York Civic Trust has just undertaken a piece of deliberative democracy to establish a future transport strategy, and it would want to receive a report in order to reflect on the findings and to ensure that it can fully participate in the planning process.

In York, we have a city full of historians and archaeologists who understand the value of place making; we have a university full of housing specialists; and we have York Central Co-Owned, or YoCo, which has been engaging residents in dialogue on future developments. York Disability Rights Forum can highlight issues of access. Our local enterprise partnership, universities and colleges, and business partners are working on York’s future economy. They, too, would want to be engaged in the planning process, yet community groups seem so absent and do not even receive reports of strategies in order to be able to take planning forward and to be part of the consultation on the future of what they spend 24 hours a day working for.

We have resident groups that are actively looking at planning. We all have such groups in our constituencies, and I am sure that all hon. Members will recognise their strength. We are proud of them because of their dedication and attention to detail, and the inclusion of the community is urgently needed in the planning and consultation process. My amendment would build on that expectation and stop communities being locked out of planning, because our planning system is all the poorer without them. I will shortly go on to explain why their prominence must change but, for now, I believe that the first step is to involve communities in consultations by sending over copies of strategies, which is something that the Minister should not block.

If we have such expertise in our communities, let us bring it into the heart of the planning process so that we get the very best housing, economic space and environment, and so that the people who know their area best—the local residents and other stakeholders—have greater agency in planning processes. I have tabled a number of amendments to stimulate the Government into working through how residents can have a greater say over the future of their communities.

York Central is a classic example. Right from the start of the process, the community have been told that they will have a voice in the project at the next stage. As we go through each stage and are told that their time will come, my conclusion is that they may get to choose the colour of the spring bulbs, but nothing significant. At every step of the process there is no opportunity for real community engagement. The promised voice never comes. Residents have organised into community groups with the hope that their collective voice will be heard, yet it is not.

Whether for York Central or the York local plan, the very people who should have the greatest voice have the least. In both scenarios, political expediency of the ruling council parties has placed political self-interest over the interests of the city. In York Central, the partners’ agenda is to secure the opening of the National Railway Museum by 2025—we all understand the importance of that. Network Rail getting a capital receipt has further blocked and locked out local people’s voices. The contempt is staggering.

The Minister would weep at the conduct of his own party, not to mention the Lib Dems and Greens, in the political process of planning in York. I will talk more about the solution in my next set of amendments. I urge Government to think more about the brilliance that will come from more community inclusion in the consultation processes, engaging our community groups by ensuring that they are included in the information and are sent a copy of the strategy. Surely that is the first stage.

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is a pleasure, as ever, to serve under your chairmanship, Mrs Murray. I congratulate my hon. Friend the Member for York Central on this sensible amendment, which I am very supportive of. It simply specifies, as she so clearly articulated, that local community groups be included in the list of bodies that are sent a copy of any joint spatial development strategy adopted.

The Government have extolled the virtues of this legislation in part on the basis that it will demonstrably improve local engagement in the planning process. It surely follows that Ministers would welcome the engagement of community organisations when it comes to the new strategies that schedule 7 provides for. Given that all the amendment does is to ensure that a copy of any such strategy created and adopted is sent to the representative community organisations, I cannot for the life of me think of a convincing reason why the Government would not accept it.

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[The Minister of State, Department for Levelling Up, Housing and Communities (Mr Marcus Jones)]

It is an absolute pleasure to serve under your chairmanship, Mrs Murray. Although I understand the reasons for the amendment, the list of bodies in proposed new section 15AB(3), to which participating authorities should consider sending a draft joint spatial development strategy, is already comprehensive and can reasonably be assumed to include most community organisations. That includes voluntary groups, bodies representing religious groups and bodies representing the interests of racial, ethnic and national groups. However, it is not exhaustive, and authorities are free to send drafts to whichever organisations they feel necessary.

Our approach strikes the right balance between ensuring wide consultation while not putting unreasonable burdens on participating authorities and making the process unnecessarily onerous. I hope that, with those reassurances, the hon. Member for York Central will withdraw her amendment.

[Rachael Maskell]

I appreciate the debate that we have had on amendment 121. The parish system is incredibly good at engaging people because it is so local. The hon. Member for Westmorland and Lonsdale highlighted its establishment in the rural environment, but it is less prevalent in more urban environments, so we need to look at how to encourage the growth of parish councils across the country. They can be of real value and can get people to engage in their communities. Indeed, they are a first step for many in politics, as they are a less political environment in which to make decisions about their local community. There is some real strength in that. We will talk about neighbourhood plans, and it is important that we look at their inclusion as we work through the Bill.

I thank my hon. Friend the Member for Greenwich and Woolwich for his comments about the importance of putting people at the heart of planning; they often seem very much at the periphery. I looked very carefully at the Bill before drafting the amendment, and there is a bit of a vacuum in it, so it could be strengthened. Later this afternoon I will talk a little more about the importance of agency and voice, because they are absent.

I hear what the Minister says about the other organisations that are included, and his comments are helpful. If community groups feel excluded from the process, the Minister’s words highlighted that the clauses do not exclude them. Therefore, if they are unable to get hold of a copy of a report, I am sure those words will be very valuable in raising a challenge in the planning system to ensure that people get access to data. I am happy to withdraw the amendment, but I will be returning to the scene very shortly. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Matthew Pennycook]

I beg to move amendment 88, in schedule 7, page 228, leave out line 5.

This amendment, along with Amendment 89, would explicitly ensure that people would have a right to be heard at an examination in public in relation to the Joint Spatial Development Plan part of the development plan.

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We feel that the denial of the right to be heard when it comes to spatial development strategies and supplementary plans is likely to have very real implications for local plans themselves, and therefore for trust and confidence in the planning system, because it will filter through the system.

[Rachael Maskell]

I am grateful to my hon. Friend for what he is saying and I want to give an example to add some context to his comments. York is due a local transport plan and is behind on the timetable for delivering that, so York Civic Trust set up a process of deliberative democracy and engaged city stakeholders. They have created a plan for the future of our city, which is gaining a lot of interest. That demonstrates that if local people are involved, the plan will be robust and address some of the major challenges that slow down local authorities from engaging in that process. I thought that example would be a useful addition to my hon. Friend’s comments.

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[Matthew Pennycook]

As the Minister would expect, I am disappointed by his response. He said that improving community engagement was an objective of the Bill. I do not see how he can reconcile that with the decision to deny the right to be heard when it comes to the two new documents, which have the same legal status as a development plan in decision making, and, as I have argued, will constrain the local plan in many cases because they will effectively filter what local residents can have a say on in that local plan by already setting out the parameters in, for example, a joint spatial development strategy.

I am not minded to push these amendments to a vote at the moment, but we will come back to the issue. I just say to the Minister that anyone watching our proceedings who is interested in planning from a local perspective will see a pattern here of the Government constraining the ability of residents and community groups to engage, and—this is the most damaging aspect—further undermining trust and confidence in a system where trust and confidence are already at rock bottom. I urge him to reconsider over the summer. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell]

I beg to move amendment 122, in schedule 7, page 234, line 27, at end insert—

“(j) the timescale for the deliberative democracy process as set out in section [Deliberative democracy: local planning].”

This amendment along with Amendments 124 and 125 and NC42 will introduce a deliberative democracy process to the local plan timetable.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 124, in schedule 7, page 238, line 31, at end insert—

“(3A) Prior to establishing a local plan, the local authority must carry out a deliberative democracy process as set out in section [Deliberative democracy: local planning].”

See explanatory statement for Amendment 122.

Amendment 125, in schedule 7, page 239, line 14, at end insert—

“(ha) the deliberative democracy process as set out in section [Deliberative democracy: local planning].”

See explanatory statement for Amendment 122.

New clause 42—Deliberative democracy: local planning—

“(1) Before the preparation of any development or outline plan the local planning authority must undertake a process of deliberative democracy which involving the community to set—

(a) the balance of economic, environmental, infrastructure and special plans,

(b) the type of housing to be delivered,

(c) the infrastructure that is required to be hosted,

(d) the type of economic space, and

(e) environmental considerations, including making sites sustainable.

(2) A process of deliberative democracy under this section must—

(a) invite all residents of the local authority area to apply to be a representative in the deliberative democracy process,

(b) include measures to try to ensure that there will be a diverse representation of that community in the process, and

(c) provide for a forum of representatives that—

(i) will determine its terms of terms of reference, number of meetings and agenda at its first meeting, and

(ii) will produce a report from the deliberative democracy process.

(3) A report under subsection (2)(c)(ii) may determine the scope of development on a site.”

This new clause would introduce a deliberative democracy forum comprised of members of the public prior to the formation of a new development plan or outline plan.

[Rachael Maskell]

We have started the conversation and we need to take it to the next level, to strengthen the voice and agency of people in our communities—not just residents but all stakeholders, including businesses, community groups and people working in our public services.

We know from the pilots run by the Department for Digital, Culture, Media and Sport that deliberative democracy is a way of addressing challenging issues with a broad spectrum of the community and drawing out conclusions. The outcomes are more robust, consensus can be built, and challenging proposals can be brought into a place of understanding. People from all parts of the community engage, so we get true agency from different people in it. We want a modern and effective form of democratic engagement. We want to ensure that the planning process is not only robust and refreshing, but will resolve significant issues. That can be brought about by deliberative democracy.

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I do not want to prejudge the contents of the new guidance on community engagement today. We want to prepare it collaboratively.

[Rachael Maskell]

I will respond more fully shortly, but I just wonder whether the Minister could set out the timescale for the guidance.

[Mr Jones]

I will come back to the hon. Member with the exact timescale on the guidance. We expect it to work in conjunction with the measures in the Bill. As we have discussed, we are keen to see more community engagement. The guidance may well recommend that some of the approaches set out in the amendment are the right things to do. However, it is critical that we ensure that authorities have the flexibility to respond to the needs of their area, and the amendment would impose a top-down structure that might suit some areas but not others. In the light of that and the steps that, as I have set out, we are already taking within and beyond the Bill, I hope the hon. Member will be minded to withdraw her amendment.

[Rachael Maskell]

I am grateful for the debate we have just had. I thank my hon. Friend the Member for Greenwich and Woolwich for his comments, which highlighted the importance that Labour places on community engagement and agency in the planning process.

The hon. Member for Westmorland and Lonsdale made the point for me, when he said that he did not want to engage with the politics. This process should not be about the politics. That is the challenge: this should be about addressing the need that is clearly there in many of our communities. Where we have significant demand and need, we should be able to address that. Ensuring that the resourcing is there is, of course, a challenge for all local authorities at the moment, and we need to ensure that planning gets the injection of resourcing that it needs. We are also losing skills, so we need to ensure that we get them coming through for the future.

I thank the Minister for the consideration he has given to my amendments and new clause. He set out the things that he will bring forward through the planning system, but I still believe we are on the old track, as opposed to looking at new opportunities, so I will look at this guidance with great interest when it is published.

Quickening the process and improving some of the consultation times is of course welcome, but I am talking about a period of 76 years and trying something different after that amount of time. There is still real conflict and pain in York over what is happening with the planning system. We absolutely want to come to a good decision in the future, looking at new opportunities, particularly after all the work that DCMS did. The pilots were successful and did bring people together. It is delightful to hear about the work Steve Rotheram has been doing in Liverpool. He is really putting young people at the heart of his agenda and ensuring that people from the most deprived communities have real agency and voice. I would expect nothing less of the Metro Mayor in Liverpool, because I know his passion for that great city.

However, there needs to be more from the Minister. There needs to be more in our planning system. There needs to be opportunity and a voice for the people we represent. The Minister said it in his own words: the levels of engagement are still so low. We are engaging in digital and we see the opportunities there, but we also see the barriers to digital. The Minister spoke about QR codes in Watford and 3D models, which are great— they help people like myself, who are more visual, to be able to identify things. I understand all of that. However, it is ultimately about the voice, knowledge and emotion, which we do not often see in planning. That is what actually makes the difference. That is what people bring. We need people to be able to determine and shape their future. As my hon. Friend the Member for Greenwich and Woolwich said, we need to have those reports heard, engaged with and included in the planning system.

Although I will not press my amendments and new clause today, it is my intention to bring this issue back on Report. If the Minister were willing to meet me in the interim to talk about some of the challenges we have and some of the opportunities we want to build for my city of York, I would be happy to do that.

[Mr Jones]

I am sure the hon. Member has not finished her comments just yet. I would of course be willing to meet her to discuss the issues she is talking about. I do not know whether we will be able to squeeze that in before the recess, but the offer is certainly there.

[Rachael Maskell]

I will close now, and I thank the Minister for that offer. I very much hope he will still be in his position—I appreciate that other events might take over. We may have a 24-hour period in September when we are able to meet. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell]

I beg to move amendment 123, in schedule 7, page 238, line 6, at insert—

“(4A) A local plan may provide that the local planning authority may review and change any outline planning permissions in place prior to the establishment of a local plan, including on sites where work has already commenced, to bring those permissions in line with requirements set out in the plan.”

This amendment will allow Local Planning Authorities to require Outline Planning Applications to be adjusted where they conflict with Local Plans.

In my own mind, I have dubbed this the York Central amendment. I am sorry that I am going to talk about a real case study again. It highlights how planning that has been wrongly advanced due to the wrong motivations can be changed. If planning is going to be ruinous for an area, there must be an opportunity for proposals to be reworked.

Stakeholders across my city very much want Government to be able to assist in this matter. There are a number of developments that I can name in York that have been a complete disaster, and the features are all the same. Examples include the proposals for the old gas works, Hungate and the old Terry’s site. Developers extract what they can for what they want, and do not provide what people need in my city.

York Central is the largest brownfield development site in the country. It is vast. The development is threatening to take premium, valuable economic space next to the station, and it will choke off future economic opportunities —not only for the city of York and North Yorkshire, but for the gateway to the north.

The site is estimated to provide just 6,500 jobs. If we compare this to the Curzon Street, Toton or Crewe developments, those involved have understood the value of sites adjacent to stations of major connectivity. They have understood the opportunity to invest in the jobs that will provide people in my city with a good income in the future. We are a very low-wage economy in York because of the hospitality and tourism sectors. Not only do we want to level up York, but the north too.

I am so excited by the potential of the site, and yet the disaster of placing high-density housing for the super-rich in my low-income city is choking off the opportunity for York to level up or for the Treasury ever to reap its return. With the pace of capital receipt, 2,500 properties, mainly flats, are going to be built on the site. People in York want a home and garden, and 80% of the need is for family housing. However, luxury apartments across the city are going to be for investment, not residential purposes. My residents cannot afford to buy those places. York Central will be far worse, as the land value is higher. Just yesterday, a colleague in this place told me how their acquaintance had purchased seven of these luxury apartments and is turning them into Airbnbs. Is this really what development is meant to be all about?

This is what is really happening, and the Government need to get on top of it. Instead of the site being economically valuable and bringing investment in good jobs for the people of York, it will let property investors extract what they can out of our city. Empty units such as the ones we are seeing across our city, as well as second homes and Airbnbs, are not helping a single resident of York. Worse, they are heating up York’s housing market, so that it moves further away from my constituents’ dream. House prices are going up, and rent is going up. We have the extraction of housing, wealth and hope. It is a disaster. There are no additional homes in my community, and space is being taken up. High-value jobs will be lost for generations. Instead of my community being levelled up, it is spiralling down into even deeper debt and despair. I say to the Minister, this case study shows what is really happening right now.

We have to be able to work through things if they are wrong and if wrong decisions have been made, even if those decisions were made for political expediency, which they were. It is catastrophic. Even Homes England has said that York Central will become an Airbnb city, yet the Government have ploughed millions of pounds of taxpayer’s money into this site. I am not going to talk again about the transport challenges the site will bring as it gridlocks the city and turns it into a car park.

There must be a mechanism to stop disastrous developments. When mistakes have been made, we cannot just keep going on the treadmill, saying that the next stage is coming, when all it will do is cause more harm. This development could be stopped now, and the Minister should stop it—my amendment would give him that power. If he tells me that he already has those powers, then I earnestly ask why he has not used them. My city and my whole community want to know. Between us, we could fix this. This development could become a badge of pride, not just for my city but for the nation. York Central is a nightmare. I want it to turn into people’s dreams. We need to ensure that where poor planning decisions have been made, it is never too late to see change.

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[Mr Jones]

I thank the hon. Member for York Central for the amendment. I thought she was almost tempting me to work with her during part of her speech. I could not quite understand why she seems to want me gone so quickly from this role.

It is good to have the opportunity to debate the amendment, which seeks to allow local plans to amend the details of existing outlined planning permissions so that they are in accordance with the local plan adopted after the grant of those permissions. Our planning reforms seek to ensure that local plans have a greater influence over individual planning decisions to ensure that development reflects what local communities want. In particular, our new decision-making framework under clause 82, which the Committee has debated, will lead to a more plan-led system, providing greater certainty to all.

I must say to the hon. Member for York Central that I cannot accept the amendment. To enable local plans to alter existing outline planning permissions, even when development has already started, runs counter to the long-standing position that the grant for planning permission is a development right. That right provides the certainty that developers need to raise finance and implement the permission. Allowing local plans to effectively rewrite permissions, even when they had already started, would create unnecessary uncertainty, and could see developers, especially small and medium-sized builders, faced with significant wasted costs and delays at a time when we need to support them.

Local planning authorities already have channels to revoke or modify existing planning permissions under section 97 of the Town and Country Planning Act 1990. Importantly, those powers cannot affect works previously carried out and require the local planning authority—this is an important point—to pay compensation in respect of expenditure, loss or damage, so their use should be considered only as a last resort.

Furthermore, as developers often seek in practice to amend outline planning permissions, local planning authorities already have the opportunity to take account of new local plan policies when considering section 73 applications to vary planning conditions. That will also be the case under our new route to make minor variations to planning permissions, as set out in clause 98. For those reasons, I am sorry to tell the hon. Member for York Central that we will not be able to accept the amendment.

[Rachael Maskell]

I am grateful for the opportunity to set out why the amendment is so important. I thank the hon. Member for Westmorland and Lonsdale for highlighting the actions taken in national parks.

The amendment is important because sometimes decisions are wrong. If, as is the case in York Central, the spade has not gone in the ground yet, it seems ludicrous to continue with something that will be ruinous to our city and will lead to 2,000 Airbnbs suddenly landing in it. That is not our tradition, it will not help anyone and it will ruin a beautiful city that should be a world heritage site. We are deeply concerned and disturbed by what is being done by developers that have control over our city. I am deeply worried about what is happening, and we need to find a way through it. There will be constant conflict as more and more people become disengaged and disenfranchised in York. The anger will build in our communities, but the Government have the opportunity to do something.

[Mr Jones]

The hon. Lady has returned to the subject of local plans in her area many times during our deliberations over the past couple of days, but do not elected councillors in any area—I am not talking about York—have the responsibility to sort themselves out, get things together and create a local plan in consultation with local people that stops the type of situation she describes?

[Rachael Maskell]

If the Minister could have a word with his party’s councillors in York, that might help to move things forward.

[Mr Jones]

Clearly, I am not completely au fait with the political situation in the hon. Lady’s city, but my perception from having looked at it quickly is that the Conservatives have not controlled the council since 1980. There have been several short periods over the years in which the Conservatives have had the leader in a minority administration, but it seems squarely down to the Labour party, the Liberal Democrats and the Greens over a number of years—particularly the Liberal Democrats and the Greens.

[Rachael Maskell]

We are not here to talk about politics—well, maybe we are. Before the last election it was a Conservative-led administration with the Lib Dems’ support. The Minister is right that the Lib Dems and the Greens are in charge of the administration. Labour has not had control for a significant time, although there are elections next year, so we will see.

The key point is that when there is poor planning, as there is for the site I am thinking of, and we are in a deadlock situation that will be ruinous for the future of the community, we need a resolution and tools that can be deployed to find a solution. As I have described, the site is not providing the housing that our city needs. It will block off the economic opportunity for something that is so valuable for the levelling-up agenda not just for York and North Yorkshire but for the north. We need to find some solutions and stop the exploitation of land on that site.

I thank the Minister for his comments. I will not press this amendment to a vote, but I will consider how we will come back to the issue because it is important that we get it right. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Matthew Pennycook]

I beg to move amendment 99, in schedule 7, page 238, leave out lines 16 and 17.

This amendment removes the requirement in inserted section 15C(7)(b) that a local development plan must be consistent with national policies at the development plan formulation stage.

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[Matthew Pennycook]

As I said, I expected that answer. The Minister said our exchanges feel somewhat like groundhog day; it will start to feel like that, because we will return to this issue. We all know how the film “Groundhog Day” ends: when the main character, Phil Connors, reforms his ways. I hope the Minister can find it in his heart to change and to shift on this issue. I will not press the amendment to a vote but we will return to this issue, at the root of which is the status and scope of local plans, on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell]

I beg to move amendment 126, in schedule 7, page 239, line 14, at end insert—

“(ha) Environmental Outcomes Reports,”.

This amendment would require local planning authority to have regard to Environmental Outcomes Reports in preparing a local plan.

I will be brief because we are going to say more about this issue when we deal with the environmental outcomes reports later in the Bill. If the amendment is not made, too little consideration will be given to the assessment of environmental impact. Nothing can be more important than to look at what is happening with the climate challenge. On Monday, many of us had the privilege to listen to top scientists talk about the climate risk and sketch out the profoundly troubling outcomes. We have struggled to get through this week because of the heat and people we know in our neighbourhoods are dying because of it.

We have to ensure that all outcomes seriously consider how we mitigate the climate catastrophe that we are living through. The planning process has a central role to play in that, whether in respect of transport, home heating, housing design or the industrial impacts that are having a great effect. As we all know, the current situation is not sustainable, and the Government have to focus on that at every turn. We have flooding and droughts side by side. I have tabled amendments for further discussion later in the Bill. Clause 116(2) sets out why this amendment is so important and why we must protect and restore our natural environment.

[Matthew Pennycook]

I thank my hon. Friend for tabling the amendment which, as she has set out, seeks to ensure that the Bill makes it clear that local planning authorities should have regard to environmental outcomes reports in preparing their local plans. We support any practical revisions to the Bill that are aimed at strengthening and enhancing the delivery of environmental outcomes. If the Government will not accept my hon. Friend’s amendment, I hope to hear from the Minister not only a convincing argument as to why but an explanation of how the Government believe the new EOR regime that is set out part 5 will interact with the preparation of local plans.

[Mr Jones]

The Government are clear that environmental outcomes reports will form part of the consideration of whether a local plan is adopted. The Bill already includes provisions in clauses 118 and 117 to define which plans will require assessment and how such plans should be taken into account. Although the list of plans that require assessment will be set out in secondary legislation, our commitment to the non-regression of environmental protection makes it clear that the relevant local planning authorities will need to produce an environmental outcomes report as part of their local plan adoption process. The reports will ensure that environmental outcomes are taken into account during the preparation and adoption of local plans.

The regulations will set out which projects and plans will require the preparation of an environmental outcomes report. The exact list of projects and plans that will require assessment will be worked out through consultation with the sector and relevant stakeholders. That will ensure that we can capture and use expert feedback in the design of the system.

In writing the regulations, we will be constrained by our commitment to non-regression on environmental protections. In line with that commitment, local plans will require environmental assessment, as they do in the existing system. Setting out the exact list in regulations, rather than in primary legislation, will allow flexibility, which is key, given the type of changes we see. Flexibility will mean that we can take into account new situations and the emergence of new technologies or development types. With that explanation, I hope that the hon. Member will withdraw her amendment.

[Rachael Maskell]

I thank my hon. Friend the Member for Greenwich and Woolwich for his comments, and for his pertinent questions to the Minister. This issue is central not just to planning, but to the future of our planet. The climate crisis is at a point where non-regression is not enough. I appreciate that the Minister is new in his role, but I very much hope that he is brought up to speed quickly. Our climate is changing with such rapidity that we will have to do much more than not regress if the next generation, let alone future generations, are to have a place on this planet.

This is a deeply troubling time, and I am glad to hear that the EORs will have a role in local planning, but that role and the relationship need to be strengthened. I very much hope that the Minister and his officials can find ways to achieve that, and to do much more. We simply do not have time to do only what the Minister said. We will certainly return to the issue. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell]

I beg to move amendment 127, in schedule 7, page 241, line 14, at end insert—

“(1A) To have effect a supplementary plan must be agreed within 5 years of the commencement of preparation of the local plan to which it relates.”.

This amendment requires supplementary plans under inserted section 15CC to be agreed within 5 years of the commencement of the local plan process.

I will try not to dominate the afternoon’s proceedings, but I have tabled a number of amendments. This amendment is similar to a previous one. It seeks to ensure that supplementary plans are agreed within five years, so that we have the up-to-date data that is necessary for shaping local plans. The theory is obvious: something as important as a local plan needs to be built on rock-solid, up-to-date evidence and data. I am staggered that the planning process does not necessarily embrace that theory.

For example, on Tuesday, I referred to transport planning in York, and detailed how data from 13 years ago was determining how our local plan should be developed for the future. I have raised that point with the inspectors in York again this week. We cannot depend on something so out of date. Data must be up to date, whether it is mineral and waste plans, reports from the Environment Agency, local transport plans or any number of other reports.

We have just had a census, which has set out the demographic changes in our constituencies. We need to draw on up-to-date data to understand the rhythm of what is happening in planning and in our communities, and to ensure that they are in sync. The first stage of that is supplementary plans, on which local plans are built. They need to be secure and timely.

The amendment would ensure that, within existing constraints, supplementary plans remain relevant and up to date. In York, they simply are not, and I am sure that is the case in many other places, too. When local plans are put together, the opportunity should be taken to bring in wider considerations. For instance, right now, we need another hospital in York, but there is no facility to even think about how we can sequence that into the planning system. These things do not happen immediately; we need to plan in a timely way for the future. We must not lock out opportunities as we create green belts and everything else, important though they are. We must think our way through this. We should think about the structure of supplementary plans, ensure the data is up to date, and ensure their relevance. That should feed into the local planning process, and strengthen local plans and the planning process. My amendment 127 seeks to achieve that.

[Tim Farron]

This is one of many really helpful amendments being put forward today. I hope the Minister will seriously consider it.

In communities such as mine, there is a housing catastrophe—“crisis” is not an adequate word for it. There is a huge change in the demographic, as well as in the nature and the usage of the housing stock; I am sure that the situation is similar in your constituency, Mrs Murray. The nature of rural and holiday-destination communities has put us in a desperate state, so there is a need for urgent action.

One of the reasons why I am delighted to be a member of this Bill Committee is that it gives us the opportunity to talk about policies that could lead to urgent change. We do not have the time to be deliberative, and to take forever over all this; the crisis is happening now. The horses are leaving the stables at a canter. We need to shut the stable door at the very least, and then put some more horses in, if hon. Members do not mind me flogging a dead horse of a metaphor.

We need to think about this very seriously because so much has changed in the last few years. The timeliness of local plans is critical. We would make poor decisions if we used demographics on housing tenure and demand from 10 years ago; actually, we would probably make poor decisions if we made them on the basis of the way things were three years ago.

The recent census results show that in my community, there has been a 30% rise in the proportion of people who are retired—brilliant! But there is a drop in the number of people in the working-age population. It is therefore unsurprising that we face an absolute care crisis. We cannot find staff to provide support for people in their older age, or at other points in their life when they need care or support. Likewise, there would be 60,000 people working in the hospitality and tourism industry, which is utterly fundamental and the biggest employer in Cumbria, if we could fill the vacancies.

There has been a clear and very quick change in the nature of our demographic, with whole clearances of the working-age population. Long-term rentals are collapsing, and at least 50% of those properties are moving into the short-term Airbnb sector. We need to ensure that plans for development in our communities are based on live, current data. That is essential, so I hope the Minister will take this amendment seriously.

[Mr Jones]

In the new planning system, supplementary plans will replace supplementary planning documents. Once they have successfully passed through consultation and independent examination, they will be afforded the same weight as a local plan under the parts of the development plan.

Supplementary plans will provide local planning authorities with the flexibility to make policies for specific sites, or groups of sites, quickly. That could help to address urgent site-specific matters, for example in response to a new regeneration opportunity that had not been identified through the local plan, or to set out design policies outside the normal local plan process. We envisage a connection between local and supplementary plans in some cases—for example, where a local plan allocates a site-specific plan, and the supplementary plan sets out a design code for that site.

However, imposing an arbitrary tie between local and supplementary plans, as proposed by this amendment, could fetter the ability of authorities to use supplementary plans to respond positively to changes in their area at pace in the way that was intended. We have made clear our intention to bring forward in regulations a requirement for all local plans to be updated at least every five years. It is therefore not necessary to require supplementary plans to be made within five years of a local plan being adopted.

[Rachael Maskell]

I am conscious that some local transport plans date back 10 years. The local plan process may move forward at a different pace from supplementary plans. That is why I think that the Minister’s point strengthens the argument for the amendment.

[Mr Jones]

I hear what the hon. Lady says, but this plan is there to provide local planning authorities with the flexibility to bring forward policies for sites or groups of sites quickly. That is different from the example that she gave. Again, requiring supplementary plans to be made every five years after a local plan is adopted is not necessary. I hope that my assurances will enable the hon. Member to withdraw her amendment.

[Rachael Maskell]

I am grateful once again for the opportunity to debate this issue, and to hear the Minister’s arguments. A theme is starting to emerge: the question of how to do planning in a timely way. We all recognise that: the hon. Member for Westmorland and Lonsdale set out clearly how rapidly our communities can change—demographic, housing and transport changes. We want to ensure that we keep up with that. As we become more digitised, technology can, in many respects, ensure that we stay current in setting local plans. That is another theme running through the Bill, which I would like to consider as it progresses. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell]

I beg to move amendment 139, in schedule 7, page 250, line 15, at end insert—

“(8) For a period of 6 months following a local election, a local planning authority may review a local plan that has already been adopted and submit a proposal to an examiner to change or adjust their plan.”

This amendment would allow newly elected Councils to amend local plans following an election.

Briefly, I understand that the whole point of a local plan is to create stability, and to ensure, based on evidence, that a plan delivers for a community. However, a plan adopted by a previous administration could strangulate an incoming administration, and prevent it from delivering economic or housing opportunities for their community. Their hands could be tied for the whole period of the administration.

A local plan should not be discarded. As I have said before, we should start thinking about planning as being about evolution rather than revolution; plans should be updated and should move forward rapidly. A new administration, whether in Government or local government, want to make a difference for their community, and to demonstrate that they can respond to need. We have talked so much—and will do so again—about the rise of Airbnbs and the many new and growing challenges. We need a rapid change in direction.

I want to give new authorities, of whatever colour, the opportunity to consider new structures and mechanisms for delivering for communities. Being able to look at a local plan at that moment could be a powerful intervention.

--- Later in debate ---

[Mr Jones]

I welcome the opportunity to discuss the Government’s proposals to get more up-to-date local plans in place. Paragraph 15GA in schedule 7 already enables a local planning authority to revise its plan at any time once it has come into force, irrespective of whether the authority has recently changed political control. My concern, however, is that by explicitly making a link between local elections and planning, the amendment risks turning a local plan into a political football. The hon. Member for York Central has told us all about what she thinks was a political football situation in her area.

For authorities that have elections in thirds, rewriting plans on the basis of election results could lead to updates three times every four years. That could lead to a constant change of direction. It would leave communities and other interested parties in a permanent state of uncertainty about what development should take place and where. Our reforms will provide welcome predictability in the local plan-making process; there will be a requirement for plans to be prepared within 30 months, and updated every five years. We think that is the right balance. I hope I have provided sufficient reassurances for the hon. Member for York Central, and that she will withdraw her amendment.

[Rachael Maskell]

I am grateful for the comments from my hon. Friend the Member for Greenwich and Woolwich. We have heard from both sides about the positives of more engagement with local planning, but also about the politicisation of local planning. Ultimately, we want something that is robust, flexible and fit for purpose. I thank the Minister for pointing out that in schedule 7, paragraph 15GA, local authorities have flexibility of review. I am therefore happy to beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell]

I beg to move amendment 140, in schedule 7, page 252, line 24, at end insert—

“(c) consult with relevant stakeholders, including residents, via a deliberative process.”

This amendment would require the Secretary of State to consult local stakeholders on the local plan.

[The Chair]

With this it will be convenient to discuss amendment 141, in schedule 7, page 262, line 7, at end insert—

“(1A) A neighbourhood priorities statement must be prepared with the input of local stakeholders and community groups.”

This amendment would ensure that community groups and stakeholders are involved with the development of a neighbourhood priorities statement.

[Rachael Maskell]

I have gone into detail on why the Government should consider deliberative democracy. I will not repeat myself, but there is a real opportunity to enable deadlocks to be broken and to move forward with a process of engagement, so that we have a strong voice in setting neighbourhood priorities and can strengthen community voices in the planning process. I will say no more on that now, but I will return to the subject on Report. I welcome the opportunity to raise the issue again.

[Matthew Pennycook]

Briefly, I have made it clear on previous occasions that we support any measures in the Bill that increase local democratic control over engagement with the planning process, principally as a means of restoring trust and confidence in the planning system. Although the Bill requires a body preparing a neighbourhood priority statement to publish the proposal in draft so that people who live, work or carry on business in the neighbourhood to which it relates can comment on it, I appreciate that the thrust of the amendments is to ensure that a degree of proactive consultation takes place at the point when the proposal is being put together, rather than providing the opportunity to comment on it once it is finalised. On that basis, we are happy to support the amendments, which would ensure that local stakeholders and community groups were treated as statutory consultees in the preparation of those statements.

[Mr Jones]

It is of course vital that communities are given every opportunity to have their say on draft local plans and supplementary plans. The English planning system already gives communities a key role, so that they can play an active part in shaping their areas and, in doing so, build local pride and belonging. In the Bill, we are not changing that; in fact, we are strengthening it. I have set out elsewhere how that will be achieved.

The powers we are discussing have been used only sparingly in the past. That is expected to remain the case under the reformed plan-making system. However, they act as an important safety net to ensure that all areas can benefit from having up-to-date plans in place. I provide reassurance that were the Secretary of State or a local plan commissioner ever to take over plan preparation using the powers in the Bill, the plan would need to undergo public consultation, like any other plan. Like other procedural requirements, that will continue to be set out in secondary legislation, akin to the existing Town and Country Planning (Local Planning) (England) Regulations 2012, using powers set out elsewhere in the Bill. Incorporating the amendment into proposed new section 15HA is therefore unnecessary.

The hon. Member for York Central raises the important issue of engagement with the community on the preparation of neighbourhood priority statements. I hope that I can reassure her that the amendment is not necessary. The purpose of neighbourhood priority statements is to provide communities with a simpler and more accessible way to set out their priorities and preferences for the local area, including in relation to the use and development of land, housing, the economy, the environment, public spaces and local facilities.

Proposed new section 15K(6) under the schedule gives the Secretary of State powers to set out in regulations the procedures that neighbourhood planning groups must follow when preparing their neighbourhood priority statements. The Government’s intention is to use the power to set out the requirements that neighbourhood planning groups must meet in order to ensure that they engage widely. We are testing different approaches to community engagement through our simpler approach to neighbourhood planning pilot, which got under way earlier in the year.

I hope that I have provided sufficient reassurances for the hon. Member to withdraw the amendment.

[Rachael Maskell]

I think that we have to part ways on the issue of the planning process. I am not satisfied that it gives residents their rightful voice. I will not press the Committee to a Division, but giving our communities the opportunity to have a real say will be a major theme on Report. The Government are taking away their voices, but we want to empower them. After all, when people said, “Give us back control”, it was these very issues—their lives, communities and neighbourhoods—that people wanted control over. The Government have not heard that message, whereas we clearly want to respond. Even though my amendment would have enabled us to address why plans run into difficulty and fail to progress, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Matthew Pennycook]

I beg to move amendment 109, in schedule 7, page 262, line 7, at end insert—

“(1A) A local planning authority must have regard to the content of any relevant neighbourhood priorities statement in the exercise of its planning functions.”

As we have just discussed, proposed new section 15K introduces a new neighbourhood planning tool, the neighbourhood priorities statement. According to the Bill’s explanatory notes, these statements will allow communities to identify key priorities for their local area, including their preferences in relation to development, with the intention of providing a simpler and more accessible way for communities to participate in neighbourhood planning.

The provision is clearly a response to the fact that the vast majority of the 1,061 neighbourhood plans made to date have emanated from more affluent parts of the country, where people have the time and the resources to prepare and implement them, rather than from less affluent areas and more complex urban environments. We very much welcome the fact that the Government are engaging with this real problem.