Peel Holdings

Debate between Robert Neill and Jack Straw

Wednesday 16th May 2012 Commons Chamber

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

I congratulate the right hon. Member for Blackburn (Mr Straw) on securing this debate on Peel Holdings and planning law. I am conscious that he has been actively pursuing the matter with my Department, and I thank him and his hon. Friend the Member for Hyndburn (Graham Jones) for the constructive way in which they have engaged the Department. I shall pass on the right hon. Gentleman’s good wishes to the Secretary of State. Like the Speaker, my right hon. Friend is engaged at the all-party beer group’s annual dinner, so I am responding to the debate on behalf of the Department.

The right hon. Gentleman is correct that I have to be a little careful in replying to the debate, because of the Secretary of State’s and other Ministers’ quasi-judicial role in the planning process, but he is quite right to point out that the debate raises some important points on the impact on town centres of out-of-town-centre retail development, and I hope to be able to give him a constructive and positive response. I should add that I had the pleasure of visiting Blackburn quite recently to open the new fire station, which is part of the town centre’s regeneration. I recognise the work that is being done there.

First, let me make clear the Government’s commitment to ensuring that we have vibrant and vital town centres. A critical part of our policy, that commitment is reflected in our response to the Portas review: not only have we accepted nearly all of Mary Portas’s recommendations, but we have gone further by offering a “Portas plus” package designed to revive our ailing high streets. Measures announced in March include a new £10 million high street innovation fund to be shared between the 100 local authorities with the highest percentage of empty properties; a £1 million future high streets challenge fund, which will be awarded to the locations that deliver the most creative and effective schemes for revitalising their high streets; and a £500,000 loan fund to help those looking to set up business improvement districts, which can make a real contribution to the revitalisation of high streets.

Our commitment is also reflected in the national planning policy framework, published in March, which maintains a strong town centre first policy and provides a framework for local councils to promote competitive and thriving centres. The NPPF is entirely clear that in drawing up local plans, local planning authorities should recognise town centres as the heart of their communities and pursue policies that support their viability and vitality. The NPPF urges local authorities to promote competitive town centres that provide customer choice and a diverse retail offer and reflect the individuality of their town.

To address the threat of out-of-town-centre development harming town centres, the NPPF also makes it clear that local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date local plan. Under the sequential test, local planning authorities should require applications for main town centre uses to be located in town centres, then in edge-of-centre locations; and only if suitable sites are not available in town centres or edge-of-centre locations should out-of-centre sites be considered. Furthermore, when assessing applications for retail, leisure and office development outside town centres that are not in accord with an up-to-date local plan, local planning authorities should, for development above a certain size threshold, require an impact assessment that assesses the impact on existing, committed and planned investment, and on the vitality and viability of the centre, in line with the requirements set out in the NPPF. Where an application fails to satisfy the sequential test or is likely to have significant adverse impacts on one or more of the factors listed, it should be refused.

It is important to stress that local plans are key. It is critical that the framework, together with our wider planning reforms, helps to empower local people and their accountable councils to produce their own distinctive local and neighbourhood plans that reflect the needs and priorities of their communities.

Local plans are the key to delivering sustainable development that reflects the vision and aspirations of local communities. Alongside many other objectives, they provide an opportunity to support sustainable economic development and respond positively to wider opportunities for growth. Each local authority area has a unique blend of settlements both large and small, with varying opportunities for, and constraints upon, development. It is therefore very important that through their plans, local authorities define a network and hierarchy of centres that is resilient to future economic changes, and allocate a range of suitable sites to meet the scale and type of development needed in town centres.

Local authorities should also approach decision-making in a positive way, to promote sustainable development. Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Where it is right to attach planning conditions or seek planning obligations, local planning authorities can do so to ensure that an otherwise unacceptable development can be made acceptable.

Of course, what form of development is proposed is entirely at the discretion of the developer. It could range from entirely new, large-scale development to one or more incremental changes to existing developments. However, if a series of incremental changes to existing development is proposed, a local authority may take into account the cumulative impact of the development proposed, and previous changes, when it is appropriate to do so. Similarly, if planning conditions or obligations are currently in place in relation to the existing development that is the subject of the application, it will be important to consider those conditions or obligations, having regard to the development plan and other material considerations. If planning obligations are in place, they are of course legally binding and enforceable.

[Mr Straw]

May I take it from what the hon. Gentleman is saying—this seems to be the implication—that his welcome comments, which build on what the Secretary of State said on 30 January, apply whatever the form of the application? Do they apply to an application for a lawful development certificate as well as to an application for planning permission?

[Robert Neill]

I am not sure about that, but I will come back to the right hon. Gentleman on it. The test is slightly different in relation to lawful development certificates. I know that the chief executive of his council has been in touch with the Department about that, and we intend to respond to a number of the points that have been made. I want to ensure that a legally tricky matter does not lead us into a minefield, but I will ensure that the point is addressed.

[Mr Straw]

I am grateful to the Minister for that. I have examined the matter in some detail. I fully acknowledge the constraints on him, but I hope that he and his officials will take into account the fact that the reason why we have this problem in the first place is precisely because there is some uncertainty about LDCs, which are supposed to be an enforcement mechanism rather than anything else.

[Robert Neill]

I understand that, and we are anxious to ensure that there is an appropriate and legally secure means of enabling local authorities to reflect their neighbourhood’s policy desires. I promise that I will come back to the right hon. Gentleman on that point.

As I said, planning obligations are legally binding and enforceable. If a developer wishes to challenge their content, legislation requires that the local authority can determine whether the obligations should continue to have effect or no longer serve a useful purpose. If they continue to serve a useful purpose, it can determine whether they could serve that purpose equally well with some modifications.

Regardless of the scale or type of change proposed, the importance of an up-to-date local plan is clear. It must be underpinned by a robust evidence base and identify sufficient and suitable opportunities to meet future identified need. With such a plan in place, it is far easier for both developers and local planning authorities to assess objectively whether a proposed development will contribute to the delivery of the community’s vision for its area or harm it.

The right hon. Gentleman raised the question of lawful development certificates. I will come back to him on his specific point, but I am sure he will understand that the general purpose of LDCs is to confirm what is lawfully permitted, having regard to existing extant planning permissions. They cannot be used to secure planning permission for a new form of development.

As the right hon. Gentleman has pointed out, seeking confirmation of what development can lawfully take place by virtue of a large number of planning permissions across a wider site is, in the Government’s view, permissible within the relevant legislation. That could be used to secure some form of overarching confirmation of what development can lawfully take place across a site to provide additional clarity for investors and potential occupiers. It is for local planning authorities to decide whether a development detailed in an application is lawful and therefore whether to grant the certificate.

The local authority has raised specific issues, which we will take on board. We are anxious to take such views into account as we go forward with the development of planning policy in the light of the national planning policy framework. I welcome the opportunity the debate has given us to confirm our strong support for ensuring that high streets and town centres more generally continue to be at the heart of thriving local communities. I can assure the right hon. Gentleman and the House that our policies in the NPPF provide a clear framework to help local authorities to achieve that and to resist out-of-centre development when it is appropriate to do so, and that we have taken proactive steps in response to the Portas review, the importance of which he acknowledged, which is central to our thinking.

We have taken proactive steps on the back of the Portas review to support local communities who want to deliver improvements to their high streets. Having provided a clear framework and that effective support, it is important to let local communities, through their plans and their decisions, taken by democratically accountable local representatives, to articulate and deliver their vision and strategy for their areas. I am clear that local planning authorities have the tools to ensure effective control over development. With the NPPF in place, and with the improvements to local plan-making processes that are coming on stream, local planning authorities have a stronger opportunity to guide development to the most appropriate locations.

I thank the right hon. Gentleman for the constructive way in which he has posed the issue, and assure him that the Department will continue to engage constructively with local authorities on this important matter.

Question put and agreed to.