Levelling-up and Regeneration Bill

Debate between Rachael Maskell and Greg Smith

Report stage
Tuesday 13th December 2022 Commons Chamber

[Rachael Maskell]

I rise to speak to new clauses 104 to 109 and amendments 93, 95 and 96, which were tabled in my name. New clause 107 was tabled in my name and that of Members across the House, including my new hon. Friend the Member for City of Chester (Samantha Dixon). I thank the Government for listening in Committee and introducing new clause 119, but it is simply not enough and time is not on our side. New clause 107 would address the very challenges that communities such as mine face. I feel very emotional about this because I deal with cases day after day in which I see people turfed out of their home and turfed out of our city because people come in, extract that housing and extract wealth for their own profit and gain when people simply do not have anywhere to live. The Government’s new clause 119 will not resolve that issue.

My new clause 107 would enable local authorities to take the path that is right for them. If we are talking about levelling up and devolution, I struggle to understand why the Government need another consultation on this issue. They have already had a consultation, to which 4,000 people responded. It is clear to me that another consultation would delay action. In fact, the Secretary of State has said that the consultation would last until the summer. If that is the case, we will see another 6,409 homes flipped over into short-term holiday lets. A community such as mine cannot take any more. We already have 2,118 short-term holiday lets. We know where they are because they are advertised on websites, and we know the problems that they cause.

My new clause would enable local authorities to make the determinations that are necessary to license a scheme and control what is happening in housing development. I cannot see why any hon. Members would not support more powers for their local authority to take control of a local situation that no national solution will be able to resolve. Through that à la carte approach, local authorities could advance the means that they need to address the specifics of what is happening across rural, coastal and urban communities. Short-term lets have clearly taken hold in places across the world, especially in Europe, and particular measures have been put in to bring control to that market.

My new clause would enable local authorities to create control zones to determine that there should be no further growth in short-term holiday lets, to ensure that a licence was in place or to limit the number of such lets in an area. It would not restrain any local authority. An authority might want to grow its short-term holiday let environment, who knows? The new clause would certainly enable those people who are overridden by short-term holiday lets to get back control and make sure that housing went to the very people who needed it. Unfortunately, the Government have not supported that approach and want to talk further about it.

I am going to try another tack. I have tried a private Member’s Bill, spent six months in Committee, talked to seven different Ministers and sat through 27 Committee sittings. It feels like I have given six months of my life solidly to this. Would the Minister consider York to be a pilot for a licensing scheme so that we can put in the measures that will make a difference to my community and my constituents can at last have a house to live in?

[Greg Smith]

It is a pleasure to follow the hon. Member for York Central (Rachael Maskell). I served on the Bill Committee too. While many Members will think of politics in 2022 for other reasons, for me it will forever be the Levelling-up and Regeneration Bill year. Given the size of the amendment paper in front of us, and the scale of issues that Members have, it is vital to get this Bill right to shape all our communities. Fundamentally, the Bill—or certainly its planning clauses—is about competing demands on land use. Until yesterday, I had my own amendment on the amendment paper on food security, but when I look through some of the amendments —new clause 73, new clause 101, new clause 123—many still speak to the importance of ensuring that we get the balance right when it comes to the competing demands for land.

I represent a rural and farming community of 335 square miles of rural north Buckinghamshire, where 90% of the landmass of the constituency is agricultural land. We are seeing solar farm applications coming about time and again and massive growth in house building and commercial property, but we have to think about food security, because if all this land is taken away for energy, housing and industrial units, there will not be any land left on which to grow food.

I am grateful to the Minister and all her predecessors over the past six months for engaging on this matter and for coming up with a proposal. It is why I was happy to withdraw my own amendments to ensure that the new NPPF for the first time ever explicitly referenced food security as a material concern within the planning process. I fear that is where the new clauses I mentioned a moment ago do not go far enough, because they just talk about the green belt, as opposed to open countryside and land used for food production.

For the last few moments of my speech, I will speak to amendment 2 and urge the Minister, when she replies to the debate, to perhaps clear up some of the earlier confusion, because I see no reason whatever why the infrastructure levy cannot be used to fund childcare and childcare facilities. If we are building housing estates and family homes—two, three, four, five-bed properties—funnily enough, not every child from the families who occupy those homes will be of school age. There will be a crying need for childcare and early years provision. Clearly the buildings that are not attached to schools will be an important part of that. I am not saying that the state should take over all childcare, but some ability—

Levelling-up and Regeneration Bill (Twenty Sixth sitting)

Debate between Rachael Maskell and Greg Smith

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Rachael Maskell]

I beg to move, That the clause be read a Second time.

New clause 47 raises quite a niche issue, but none the less an important one. The post office is long gone; the village shop has closed; the pub is now holiday lets. Some may not realise that the Church of England is currently looking to dispose of 356 churches. They were paid for and built by parishes and are now under threat. They are the very last community space, sucked out by the secularisation of society. The need for financial prudence over community value and a spiritual space within a community has never been more apparent. Having met with the Save the Parish campaign, I believe that these spaces are too important to just go to the market. Instead, parish churches and associated glebe land should be designated as land of community value.

[Greg Smith (Buckingham) (Con)]

I am curious as to why the hon. Lady is defining this as narrowly as parish churches. For example, a church in my constituency was never a parish church—it was attached to a mental health facility that has long closed—but it is just as architecturally beautiful and as much a piece of heritage as the nearby parish churches. There are many similar chapels out there; in many cases they were attached to hospitals or military facilities. They also add community value and need saving. Will the hon. Lady expand her scope to include those premises?

[Rachael Maskell]

I am incredibly grateful to the hon. Member for Buckingham for raising that issue. He is absolutely right; we need to look at the broadest possible scope. This particular issue has been raised within the Church of England, but he is right—there are many places of worship that should be marked as community assets.

When those assets are disposed of, communities should have a right to access them and bid for them, as we have discussed during previous stages of the Bill, rather than them going straight to market sale. That leaves communities devoid of any assets whatsoever. It is so important for communities to have the option to maintain an asset and use it for multiple purposes, including as a place of worship or as a place to serve the community.

Levelling-up and Regeneration Bill (Twenty Fifth sitting)

Debate between Rachael Maskell and Greg Smith

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[Greg Smith]

I beg to move, That the clause be read a Second time.

This new clause gets to the heart of a frustration for many communities, be it Maids Moreton in my constituency, Ickford or many others. Planning permission is granted—or conceivably in some places not granted—but the community is opposed to the application. Conversely, the community wants it, but it is not given permission. We know that, as it stands at the moment, there is little power for communities to challenge that, short of the judicial review process. We all know how much judicial reviews can cost and how unlikely they are, in many cases, to succeed, because they are dependent on technical legal requirements, as opposed to the wider planning law environment.

The new clause would bring in a community right of appeal. It would mean that a community that felt particularly hard done by as a result of a decision of a planning authority, rather than being forced down the route of judicial review at great—often unaffordable—expense, could lodge an appeal, just as a developer can who is not content with the way that their application has been determined. This is about fairness—about giving those on both sides of the debate the same right of appeal. It is a point of principle that I hope the Government will listen to, and I hope that they find a way of getting this measure into the Bill.

[Rachael Maskell]

It is a pleasure to see you in the Chair, Sir Mark. I add my support for these measures, because it is incredibly important that power be given back to people in communities. On many occasions, I have seen developers across York move into a space and determine the future of a community without engaging it, even if only in a consultative way. Occasionally, the community may be lucky enough to meet the partners cursorily, yet those developers will derive serious profit from the land. Also, what they place on the land will have huge implications for local housing prices and economic opportunities for the community, but the community is completely disregarded.

That feeds into a wider agenda around people identifying with their place. Across society, we are wrestling with that issue, and with people having a franchise in place. People are feeling more and more disconnected from their locality. It is crucial that we find a way, across communities, to rebalance people’s right to steer through a mechanism. In debate on my earlier amendments, I talked about deliberative democracy. The community should absolutely be involved in processes before they get to a certain point. It is far better to prevent an incident than to try to recover once it has happened. It is important to find a way to give people franchise over their community, particularly when we contrast the harm that could be done with the profit that developing companies and landowners will reap. This huge extraction economy, as I have been calling it, is playing off the localism that people want in their vicinity, and causing a lot of stress and tension, because while it benefit others, it causes the community harm. A community right of appeal will start to tilt the balance back towards local people, which is absolutely essential.

--- Later in debate ---

[Greg Smith]

I welcome the Minister’s comments, and as I acknowledged, it is a difficult issue to navigate. It almost reopens some of the devolution questions. It is an anomaly that many London colleagues, certainly on the Conservative Benches, feel and I welcome the Minister’s commitment to work with them and me. Like him, I was a London borough councillor just a little way up the river from him for 12 years, some moons ago, and felt the same pressures. If he is willing to work with London colleagues to find a satisfactory way through this, I am content to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 34

Local government capital investments: economic appraisal

“(1) This section applies to local government capital investments of a value of £2 million or more.

(2) Before making an investment to which this section applies, a local authority must—

(a) commission an economic appraisal of the investment, and

(b) publish the findings of that appraisal.”—(Rachael Maskell.)

This new clause would require local authorities to commission, and publish the findings of any capital investment of the value of £2 million or more.

Brought up, and read the First time.

[Rachael Maskell]

I beg to move, That the clause be read a Second time.

It is a pleasure to move the new clause and to give the hon. Member for Buckingham some respite. The new clause relates to fiscal responsibility in local government. Without proper viability being sought, local authorities can pay millions of pounds on projects and never reap the return. That is why the new clause relates to capital investments and economic appraisals, which should be undertaken and understood, but without a Green Book-style appraisal, local authorities can end up paying and developers and landowners gaining, with ultimately no reward and benefit to the local community. The new clause is designed to ensure that the finances on any project are transparent and for the benefit of local people. It would ensure that there is gain for all and not ultimate loss, not least given that we are talking about the use of public resources. That is why the new clause is important.

The case study to which I want to refer particularly is that of the York Central site. The cost of bringing that site forward is now believed to be £200 million of public funding. As that project moves forward, more and more is being demanded from public sources to fund it, and yet the local authority may never see a return on that investment. City of York’s infrastructure investment was planned to be around £35 million, but it has now been given an estimated debt cost of £57 million based on April interest rates, which will clearly be significantly higher now.

The Department for Levelling Up, Housing and Communities has also put in £77 million and it is believed that more than £50 million will have to come through the Mayor’s budget once it is approved and in place—we are expecting that to be in 2024. In a briefing, councillors were told that the council would need to put in £85 million and debt costs to fill the gap, but we could now be talking about nearer £100 million rather than the £35 million once rejected. As a result, it is necessary to weigh up the viability of the site not for the developers, as set out, but for the local authority. It is that check that is not required for such a project today, but it is really important, not least because local authorities simply do not have the necessary margins and, as a result, have to cut back on vital services to fund such capital projects.

My amendment therefore calls for prudence. On sites where any capital investment over the value of £2 million is made, there must be an economic appraisal commissioned and then published assessing the financial viability of the site to the authority. York Central has been developed for housing, so it will not reap the opportunities that a larger business owner could bring in nor those to do with council tax, as most of the properties being developed will be for investment, not for local residents to live in. They will either be empty units, leading to a cost to our city, or will be turned into Airbnbs, a matter that I will turn to later. Of course, Airbnb falls under the thresholds of flipping the property, not paying council tax and not paying business rates either, so the local authority loses millions of pounds as Airbnbs dodge the system.

At a time of significant austerity in local government, it is crucial that more scrutiny is given to the costs it has to expend on sites. My amendment simply calls for proper governance over finances and, at a time when the whole nation is looking at how Governments at all levels are more prudent with the spending of their money, it is right to bring forward such a measure to ensure that public money is spent in a way that will see its return and will be for the benefit of the people, not the developers and landowners who ultimately gain from such development.

Levelling-up and Regeneration Bill (Nineteeth sitting)

Debate between Rachael Maskell and Greg Smith

Committee stage
Tuesday 6th September 2022 Public Bill Committees

[Rachael Maskell]

I have been reassured by the Minister that this will form part of the wider consultation process in the next stage. We will look at that with interest. Clearly, we will want to follow this through in later stages, but I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Greg Smith (Buckingham) (Con)]

I beg to move amendment 58, in schedule 11, page 287, line 33, at end insert—

“(1A) A charging schedule may—

(a) require a developer to pay their full IL liability for a development before being permitted to commence work on that development,

(b) require infrastructure funded by IL associated with a development to be built before work on that development may commence.”

This amendment would enable Infrastructure Levy charging authorities to require a developer to pay their full IL liability, or for infrastructure funded by IL associated with a development to be built, before development may commence.

Levelling-up and Regeneration Bill (Nineteenth sitting)

Debate between Rachael Maskell and Greg Smith

Tuesday 6th September 2022 Public Bill Committees

[Rachael Maskell]

I have been reassured by the Minister that this will form part of the wider consultation process in the next stage. We will look at that with interest. Clearly, we will want to follow this through in later stages, but I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Greg Smith (Buckingham) (Con)]

I beg to move amendment 58, in schedule 11, page 287, line 33, at end insert—

“(1A) A charging schedule may—

(a) require a developer to pay their full IL liability for a development before being permitted to commence work on that development,

(b) require infrastructure funded by IL associated with a development to be built before work on that development may commence.”

This amendment would enable Infrastructure Levy charging authorities to require a developer to pay their full IL liability, or for infrastructure funded by IL associated with a development to be built, before development may commence.

Levelling-up and Regeneration Bill (Thirteenth sitting)

Debate between Rachael Maskell and Greg Smith

Committee stage
Tuesday 12th July 2022 Public Bill Committees

[Greg Smith (Buckingham) (Con)]

I will not take up much of the Committee’s time on this issue, because we have already explored many of the key points that go to the nub of why these two amendments—57, tabled by my right hon. Friend the Member for Chipping Barnet, which I have been happy to sign and support; and 86, in the name of the shadow Minister, the hon. Member for Greenwich and Woolwich—are so essential.

I spoke on Second Reading to say that the Bill was fundamentally good, but that it needed some considerable polishing. This section of the Bill is one of those elements that, in my opinion, just has to change. None of the points I am going to make will come as any surprise to the Minister, given that, up to four days ago, he was my Whip—he has heard it all before. I do not doubt the cartwheels of delight across Nuneaton when the Minister, having been relieved of whipping me, found himself on the Bill Committee, where there are indeed a number of amendments that I have supported or tabled myself.

This group of amendments goes to the heart of whether we are serious about localism and the principles of subsidiary, or whether the default position is still “Whitehall knows best.” There are countless examples of developments across my constituency—this is before I even get on to High Speed 2—where the local council has said no, parish councils and town councils have said no, and the case against them has stacked up with the local plan, be it in the former Wycombe district or the former Aylesbury Vale district. They have even contravened the NPPF.

However, by the time those developments have got to the inspector, the rubber stamp has come down in the opposite direction. As the shadow Minister said, it is already a problem, and I fear that the clause will seek only to bake and lock into the legislation the ability—no matter the cause or the reason and no matter how strongly a community, neighbourhood, parish, town, borough or metropolitan authority feels—of Whitehall to come down and impose a different will on those neighbourhoods and communities.

I give the example of the village of Ickford in my constituency, which is to the very west of Buckinghamshire on the border with Oxfordshire. Every single person in that village knew that that land currently under development floods—not once in a blue moon, but four or five times every autumn and winter. The people who back on to that land know that it floods, because it floods their back gardens, too. The people who drive through that village know that it floods, because the roads flood when that field floods. Locally, that development from Deanfield Homes was turned down because, among other reasons, the land floods. By the time the inspector got his hands on it, it was approved with a peculiar statement that the development had a chance of flooding once every 100 years. Within days of that judgment being passed—guess what? The land had indeed flooded. I know, because I stood in it, and the water lapped up to the top of my Wellington boots.

I give that as an example of why local control and decision making must have primacy in planning, because local people, local councils, local parishes and towns—or whatever tier of local government—actually know what happens in their own back yard. They understand it. They see and feel and breathe and touch the problems that any proposed developments could come across. Therefore, as we look to the summer recess and to coming back in September to finish the Bill’s passage through Committee before it gets to Report, I really urge my hon. Friend the Minister to consider the real implications of baking into the Bill the position that national planning policy can overrule local people’s decision making.

If we are serious about making the Bill truly about localism, we need to seriously amend clause 83. As the great Ronald Reagan once said:

“There is no limit to the amount of good you can do if you don’t care who gets the credit.”

I really do not mind which amendment is chosen, because fundamentally they do the same thing, but I urge the Minister please to reflect on this serious, fundamental point that underpins the Bill and to see if we can find a better way of ensuring that it is local decisions that are made, and not with national overriding.

[Rachael Maskell]

It is a pleasure to follow the hon. Member for Buckingham, and I agree wholeheartedly with his comments. Ultimately the clause comes with an air of arrogance from the Government. I am not looking at the Minister on that as I appreciate he is new in post, but it says to a community, “We, as Government, know best.” I think back to a few years ago, when many of us were involved in the debate about fracking, which was being imposed on our communities. We fought back on those measures. Fracking would clearly have impacted on the environmental and climate situation we are facing. That was a fight from within communities to protect themselves. The communities knew best about the impact that would have.