Toilet Facilities: People with Disabilities
Debate between Rob Marris and Lord Barwell(7 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text
The Minister for Housing and Planning (Gavin Barwell)
Let me begin by thanking the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) for raising this important issue, and for speaking so powerfully on behalf of his constituent Brian Dean. It was very decent of him to thank me for my attendance. I should put it on record that I had no choice but to be here, but on this occasion it is a real privilege, because I think the issue is very important. I should say at the outset that I have some personal experience of it, having cared for my late father, who suffered from Alzheimer’s at the end of his life. For people who are struggling with a degenerative condition, the humiliation that can result from not being able to find a toilet when they need one is very difficult to understand if one has not witnessed it.
The hon. Gentleman deserves great credit for raising the issue in the House, and the fact that so many Members have stayed for the debate shows that a large number of our colleagues take an active interest in issues related to inclusion and accessibility. I know that the hon. Gentleman has a particular interest in such issues, given his role as vice-chair of the all-party parliamentary group on autism.
In some ways, the fact that we need to debate the issue of accessible toilets is an indictment of our society. Confidence that one’s toilet needs can be met is something that most of us take for granted in life, and disabled people should be equally confident that that will be the case for them when they leave the house. I was therefore very sorry to hear about the events affecting the hon. Gentleman’s constituent. It is sad that it is necessary to debate the issue this evening, but it is entirely right for us to discuss how provision of and access to toilet facilities might be improved to ensure that Mr Dean and many others like him are not subjected to similar experiences in the future.
A number of legislative measures have already been introduced to ensure adequate provision of accessible toilets, and the hon. Gentleman referred to one of them. Part M of the building regulations sets out minimum standards for accessible toilets in buildings when they are built or undergo major refurbishment. That includes standards for unisex accessible toilets even in small buildings where toilets are open to the public, and additional toilet provision in larger buildings.
Those requirements have helped to ensure that a wide range of needs are properly met in many circumstances, but people’s needs and expectations change over time, and the Government recognise that the approach to meeting those changing needs will have to change in response. That is why we have commissioned researchers to check that the current requirements in Part M remain fit for purpose, and, in particular, to look at the design and provision of accessible toilets. The researchers will report later in the year, and the report will help to inform decisions that my fellow Ministers and I make on whether the building regulations need to be changed. I should emphasise that the regulations help only with new buildings, or buildings in which a major refurbishment is taking place.
Once a building is in use, duties in the Equality Act 2010 apply to building owners and service providers, requiring them to take steps which include making what are known as reasonable adjustments. Reasonable adjustments are required wherever a disabled employee or disabled customer, or potential customer, would otherwise be at a substantial disadvantage compared with a non-disabled person. A substantial disadvantage is more than a minor or trivial disadvantage. The reasonable adjustment duty applying to service providers is an anticipatory duty, which means that employers and service providers are expected to foresee the requirements of disabled people and the reasonable adjustments that would have to be made for them, such as the provision of disabled toilets, wheelchair access and auxiliary aids or services for those who may require them. That includes, crucially, reviewing management provisions—for instance, how and when people can have access to toilet facilities, which was clearly an issue in relation to the businesses that Mr Dean approached—as well as making adjustments to the physical features of buildings.
The combination of the building regulations and the Equality Act have proved to be very important in improving provision. However, the hon. Gentleman issued a number of challenges in his closing remarks, asking—rightly—what more could be done to ensure that toilets were publicly accessible so that disabled people could be confident that their needs could be met wherever they went. I agree with him that that requires the public sector, businesses and communities to work together to find new ways to make it easier to find and use accessible toilets.
Rob Marris
I am grateful to the Minister for his support. Would he consider commissioning, through his Department, the development of a mobile phone app with access to a master list of all sorts of accessible toilets in the United Kingdom, whether they are Changing Places toilets or toilets that meet other requirements that people have, so that they can find them easily?
Gavin Barwell
The hon. Gentleman will find that if he is patient, his patience will be rewarded.
Local authorities have an important role to play in identifying how accessible toilet provision can be supported. They have powers to run and maintain public conveniences — although they are not duty bound to do so—meaning that, where appropriate, they can provide accessible toilets directly. Section 20 of the Local Government (Miscellaneous Provisions) Act 1976 gives local authorities the power to require toilets to be provided and maintained for public use in any place providing entertainment, exhibitions or sporting events, and places serving food and drink for consumption on the premises.
Local authority environmental health officers have an important role to play in reviewing plans and premises licence applications, and advising on whether sufficient sanitary facilities are provided in terms of number, design and layout. Through the planning system, councils can also impose requirements, or negotiate with developers, to ensure that enhanced accessible toilets such as Changing Places are brought forward in new large-scale developments, or in buildings with strategic importance.
Homelessness
Debate between Rob Marris and Lord Barwell
Gavin Barwell
That was a long intervention that did not refute any of the points, but let me deal quickly with each of them. First, on supply, the Government are behind but not way behind, as the right hon. Gentleman suggests they are. [Interruption.] In 2015-16, the first year of the five years of the Parliament, we delivered 190,000, exactly as the hon. Member for Ashfield (Gloria De Piero) has just said, and to meet the 1 million target we need to be at 200,000 a year. I will return to the subject of affordable homes later, if the right hon. Member for Wentworth and Dearne (John Healey) will bear with me. The fundamental point that I was trying to make is that we could do with a little less complacency from those on the Opposition Front Bench. [Interruption.] Bear with me for a second. There is no room for complacency on this side of the House, either.
Gavin Barwell
Let me develop the point; then I will happily give way.
Homelessness and rough sleeping are both rising. The right hon. Gentleman quoted the speech that the Prime Minister made on the steps of Downing Street, in which she said that the mission of this Government is to make Britain a country that works not for a privileged few, but for every one of us. Sorting out our failing housing market and tackling the moral stain of homelessness are central to that mission. I want to spend the rest of my speech setting out how we propose to do that, but first I give way.
Rob Marris
I am grateful to the hon. Gentleman for his generosity today, as yesterday. I agree with him: Labour did not build enough housing units, and those of us then on the Back Benches pleaded with the Government to do so, as did my right hon. Friend the Member for Wentworth and Dearne (John Healey). I welcome the recognition in the Conservative amendment that supply is absolutely crucial. Can I tempt the Minister to go a little further and announce that the Government will abandon the plans that have kept jacking up demand by processes such as Help to Buy, which simply increases prices and increases homelessness?
Gavin Barwell
Until the hon. Gentleman’s last point, I was in complete agreement with him. He is definitely right to say that the main focus of housing policy should be supply, and when he sees the White Paper that the Secretary of State and I are working on, he will see that is the case. However, even if tomorrow we could start building in this country at the level that we need to build, we would have to do that for a number of years before there was an impact on affordability. To do as he suggests in the interim—give up any measures that are trying to help people to bridge the gap—would be a mistake, in my opinion.
Neighbourhood Planning Bill
Debate between Rob Marris and Lord BarwellTuesday 13th December 2016
(8 years ago)
Commons ChamberRead Full debate Neighbourhood Planning Act 2017 View all Neighbourhood Planning Act 2017 Debates Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 13 December 2016 - (13 Dec 2016)
Gavin Barwell
In contrast with the first group of amendments, where we had a short debate on technical issues, this group has cut to the heart of our planning system, and I hope the House will bear with me, as I have a large number of amendments to respond to. Of the official Opposition amendments, I will respond only to the ones the hon. Member for City of Durham (Dr Blackman-Woods) spoke to, as I know the Opposition are keen for us to get on to the third group.
I start very quickly with four Government amendments. Three minor and technical amendments, 17, 18 and 19, are required to remove unnecessary duplication between clauses 10 and 11. Amendment 22 to clause 40 amends the commencement provision so that it no longer refers to the duplicated Bill in clause 11. If the House will take me at my word on that, I will move on to the more substantive issues. I will take them in the order in which they were raised in the debate.
Speaking to new clause 1, the hon. Member for Hyndburn (Graham Jones), my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), and my hon. Friends the Members for Congleton (Fiona Bruce) and for Enfield, Southgate (Mr Burrowes) spoke movingly about problems caused by the proliferation—my hon. Friend the Member for Shipley (Philip Davies) begged to differ on that word—or clustering of betting shops in their communities. Their concerns are not just limited to the planning system, but they rightly looked to the planning system to protect their communities.
In responding, I remind the House of important recent changes to the planning system, which specifically require planning applications to be made for additional betting shops or payday loan shops. Before April 2015, under the Town and Country Planning (Use Classes) Order, a new betting shop or payday loan shop could be opened in any premises used for financial or professional services in the A2 use class. In addition, an A3 restaurant, A4 pub and A5 hot food takeaway could all change use to a betting shop or a payday loan shop under permitted development rights without the need for a planning application.
Recognising the concerns that people have expressed about that, the Government changed the Town and Country Planning (Use Classes) Order: betting shops and payday loan shops were made a use class of their own and now require a planning application, allowing proper consideration of the issues that a change of use may raise. As with any planning application, the local planning authority must determine that application in accordance with the development plan, unless material considerations indicate otherwise. Those planning authorities that have concerns about the clustering of such uses should therefore ensure that they have an up-to-date plan in place with relevant policies. As with any policy, that plan should be based on evidence and tailored to meet the needs of the local area.
Paragraph 23 of the NPPF is clear—local planning authorities should recognise town centres as the heart of their communities and pursue policies to support their viability and vitality and to promote a mix of uses. Betting shops and payday loan shops are not an issue everywhere. Where the ongoing clustering of them is an issue, and where that has an adverse impact on the character or balance of uses on the high street, planning authorities can ensure that they have policies in place. We have given them the tools they need to manage the issue.
My hon. Friend the Member for Enfield, Southgate said that this is a local problem that requires local solutions, and the Government agree with that. We do not see the need for national guidance that sets out what every authority should do, partly because the situation is by no means uniform across the country, and partly because there are very different opinions within this House and within local authorities about the right response to these issues. The Government’s view therefore is that this is a matter that is best left to individual local authorities, as they know their circumstances.
Gavin Barwell
I will not take an intervention now, as I am conscious of the time. What I will say to the hon. Gentleman, who clearly has a real passion for this issue, is that I am prepared to talk to colleagues in the Department for Culture, Media and Sport and see, as part of its wider review of these issues, whether it would be helpful to issue guidance to local authorities so that they are aware of the powers that they have and how the NPPF works in this area.
Let me move on now to the main issue of the debate, which was in relation to neighbourhood planning. I thank all right hon. and hon. Members who put their names to new clause 7 for the opportunity to debate an issue in which so many people in this House have a strong interest. I am talking about the role of neighbourhood planning groups in our planning system.
There are many champions of neighbourhood planning in all parts of the House. As the planning Minister, I am very grateful for that support. The encouragement and support of a trusted local MP can undoubtedly help with many aspects of the neighbourhood planning process.
It is worth taking a quick moment to say why neighbourhood planning is so important. Research tells us that 42% of people say that they would be more supportive of proposed developments if local people had a say in them. There is strong evidence that those plans that have included housing allocations have increased, on average, the allocation above what their local planning authority was putting in place. To put that simply, where we give people control of the planning system, they plan for more housing. It is therefore crucial that the plans that people have worked so hard to produce are given proper consideration when local planning decisions are made.
In responding to new clause 7, I want to reassure my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) that measures in the Housing and Planning Act 2016 that were commenced only on 1 October, the measures in this Bill, and in particular the written ministerial statement, which he referred to in his remarks, that I made yesterday, will address the concerns that he has raised. The national planning policy framework already says clearly that, where a planning application conflicts with a neighbourhood plan that has been brought into force, planning permission should not normally be granted. As my hon. Friend the Member for Congleton pointed out, the issue here is that, where a local planning authority does not have a five-year land supply, that is not a normal circumstance and the presumption in favour of development in some cases—not all—overrides neighbourhood plans.
In the written ministerial statement, I made it clear that from yesterday, where communities plan for housing in their area in a neighbourhood plan, those plans should not be deemed out of date unless there is a significant lack of land supply—that is, under three years. That applies to all plans for the next two years, and for the first two years of any plan that is put into place. That will give a degree of protection that has not been available. The message needs to go out clearly from this House that local authorities must get up-to-date plans in place to provide that protection for neighbourhood plans. I hope that that reassures people. As I said, I have written both to the Planning Inspectorate and to local councils on that issue.
I hope that my right hon. Friend feels that what I have said is part of the solution. I was attracted to part of his new clause 7. It refers to the idea that parish councils and neighbourhood forums should be told if there is a planning application in their area. At present, they have a right to request information, but they are not necessarily told. If he does not press new clause 7 and with his permission, I will take that proposal away and seek to insert it into the Bill in the Lords.
On new clause 8, which deals with the five-year land supply, the written ministerial statement partly addresses that concern, but the other issue that my right hon. Friend touched on was whether, once a five-year land supply has been established, there should be a period that it holds for. The local plans expert group made some very interesting recommendations in that area. We will look at them as part of the White Paper, so I can reassure him that the Government are actively considering that issue and will return to it. I hope that he feels that with the changes in the 2016 Act that have just been brought into force, the changes that we are making in this Bill, the written ministerial statement, the fact that I will accept part of his amendment and what is going to come in the White Paper, there is a package that underlines this Government’s commitment to neighbourhood planning. I thank him on a personal level for the priority that he has given to the issue. I found my discussions with him very useful.
On amendments 28 and 29 in the name of my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), I should say that I am always grateful for his advice and suggestions. He is a champion for his constituency and the whole House understands how passionately he feels about the green belt in his constituency. As someone with green belt in my constituency, I both understand and share that passion. The green belt has been a feature of planning policy throughout the post-war period, and although its boundaries have changed over time, the underlying objective of preventing urban sprawl remains as relevant as ever.
I make it clear to the House that the Government’s policy on protecting the green belt and national parks, areas of outstanding natural beauty and sites of special scientific interest remains unchanged. The national planning policy framework is very clear that it is for local authorities to decide whether to review green-belt boundaries but that they should do so only in exceptional circumstances. There needs to be public consultation and independent examination of their proposals. In relation to applications to build homes on green-belt land, again there is very strong protection. The NPPF says that inappropriate development is by definition harmful to the green belt and should not be approved except in very special circumstances.
Oral Answers to Questions
Debate between Rob Marris and Lord Barwell
Gavin Barwell
The national planning policy framework requires councils to plan for a mix of housing, but my hon. Friend makes a good point. It is important not only to get the right housing for our elderly population, but to release crucial family housing and to boost the second-hand market, allowing developers to build more homes.
Rob Marris (Wolverhampton South West) (Lab)