Roberta Blackman-Woods
Main Page: Roberta Blackman-Woods (Labour - City of Durham)Housing and Planning Bill (Fifteenth sitting)
Roberta Blackman-Woods Excerpts
Dr Roberta Blackman-Woods (City of Durham) (Lab)
Probably nothing crystallises better the different approaches of the Opposition and the Government than permitted development. We are arguing for a proper system of planning approval that looks at all the issues likely to arise from a particular development, and for mitigation if planning is approved, or for planning to simply not be approved. The previous planning Minister said he was introducing a degree of chaos into the system. We have ended up with a permitted development system, a prior approval system and an article 4 direction, but none of those elements adds up to a planning system that can control the sort of problems we are talking about.
We at least agree across the Committee on our analysis of the problem: these developments are leading to complaints from residents about noise. I heard what the Minister said about meeting the groups involved. Clearly, this is a problem; if it was not, the Mayor would not have set up a taskforce and the music industry would not be saying it is a real problem. I hear what the Minister says about meeting representatives of the industry and others to see if something can be done to improve the current unsatisfactory situation for residents and the music industry. On that basis, I beg to ask leave to withdraw the motion.
The Chair
The new clauses will be considered later on in our proceedings.
Question put and agreed to.
Clause 104 accordingly ordered to stand part of the Bill.
Clause 105
Planning applications that may be made directly to Secretary of State
Brandon Lewis
That is a challenge for me, Mr Gray. I will keep an eye on the clock to see if we can improve on the two and a half hours we have spent on one clause thus far today.
Brandon Lewis
I will endeavour to take the hon. Lady’s comments on board.
If the amendment were accepted, applications for major and potentially for very minor developments—right down to applications for one house—in underperforming London boroughs could be submitted directly to the Mayor. For a typical London borough, if applicants chose to apply directly to the Mayor, that could run to literally hundreds of applications per year. I suspect that my hon. Friend the Member for Wimbledon and others would agree that that would not fit in with the important role of the Mayor as a strategic decision maker.
It is right that the Mayor of London has that important role in strategic decisions affecting the capital. He already has the power to decide to call in applications of potential strategic importance—for example, when more than 150 dwellings are proposed. We are taking steps in the Bill for the Mayor to set his own thresholds in high-growth areas, through the London plan. The clause will allow us to extend our successful designation process to assess performance in applications for non-major developments. The amendment has the potential to significantly change the Mayor’s role and go beyond providing that vital strategic direction in decision making across the capital. It would also have implications for the performance regime in and of itself. Planning applicants might expect the Mayor to be part of the safeguards, rather than the decision maker on how quickly their applications should be determined. I will continue to look at this issue and to engage with my hon. Friend, but at this stage I urge him to withdraw the amendment.
Stephen Hammond
I listened carefully to what my hon. Friend the Minister had to say. The thrust of the amendment was to ensure that applications of strategic importance—clearly not minimal or de minimis applications—could be made directly to the Mayor. I am grateful for the Minister’s reassurance that he is prepared to continue to consider the issue, because it is important that the potential strategic importance of applications is considered. Given his words of comfort, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 105 ordered to stand part of the Bill.
Clause 106 ordered to stand part of the Bill.
Clause 107
Development consent for projects that involve housing
Question proposed, That the clause stand part of the Bill.
Dr Blackman-Woods
The clause will enable some housing developments to be determined under the national infrastructure planning regime, if they are part of a larger mixed development that includes infrastructure. On the face of it, we have no objection to that in principle, but we are concerned about how the process for granting approval is going to work in practice. It brings me back to the discussions we were having this morning about whether there are going to be three or four ways in which applications for housing can be determined. We have come to an additional way, so perhaps we are now on the fifth way for applicants to get planning permission for new housing.
A number of organisations, including the National Infrastructure Planning Association, have written to the Committee to say that there is a need for greater clarity in the Government’s guidance. It is very welcome that we received the briefing note for the guidance relating to clause 107 before we came on to debate it. I do not know who is responsible for that, but they should be commended, because it is clearly much better that we get the documents that are relevant to a clause before we debate it, rather than afterwards, which has typically been the case with the Bill so far.
The briefing note states that the clause will
“minimise regulation and provide maximum flexibility”
and that
“more detailed issues relating to the inclusion of housing will be covered in guidance.”
It goes on to tell us about some of those issues, which include
“the types of infrastructure that housing could be included with; the two circumstances in which housing… might be built…; the location of housing in relation to the infrastructure; the assessment of housing proposals; and how the housing element of any nationally significant infrastructure project will be treated at each stage of the nationally significant infrastructure planning process and the considerations that will need to be taken into account by developers.”
I was reassured when I read that. I thought, “Good. We’re not exactly clear what the process will be and we’re not entirely sure what sorts of infrastructure projects it will relate to, but all we have to do is be patient and wait for the guidance, which will tell us all those things.” Unfortunately, the draft guidance does not do that job.
Taking the point about the infrastructure to which housing can be attached, the guidance just says:
“The Government does not propose to place limits on the categories of infrastructure project that may include housing.”
We are technically none the wiser and just have to assume that it could be any sort of infrastructure in almost any circumstances. Paragraph 20 outlines some of the restrictions that will be placed on the building of housing in certain areas and provides four examples, but it is unclear whether they are examples or the totality. The restrictions include
“sites protected under the Birds and Habitats Directives and/or designated as Sites of Special Scientific Interest;”
That is a good thing. Also included are:
“land designated as Green Belt, Local Green Space, an Area of Outstanding Natural Beauty, Heritage Coast or within a National Park (or the Broads Authority);”—
again, we very much welcome that—
“designated heritage assets; and locations at risk of flooding or coastal erosion.”
Is that a definitive list or are they examples? The guidance is not clear whether they are the sorts of things that local authorities should take into account or whether they are the only things. Given the potentially extensive application of the clause, it is important that we get that information.
I will not detain the Committee any further on the guidance except to say to the Minister that I have been through it and cannot see where it sets out in detail how housing applications will be considered at each stage of the national infrastructure process. Will they have a particular designation, or will they just be considered as part of the overall scheme? Some clarification from the Minister would be extremely helpful.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
It is a pleasure to serve under your chairmanship once again, Mr Gray. I will be relatively brief, but I speak to raise concerns about clause 107 with a particular example from my constituency in mind. The Mayor of London and Transport for London are consulting on a nationally significant infrastructure project, the Silvertown tunnel, which is a road tunnel linking the Greenwich peninsula to Silvertown Way north of the river. It is a locally contentious proposal for a variety of reasons, but primarily due to its impact on the local road network and already dire air quality.
Like my hon. Friend the Member for City of Durham, I see nothing wrong with the principle of allowing housing to be built and this mechanism to be used if it is functionally linked to the infrastructure project under consideration. However, I have particular concerns about new subsection (4B)(b) which states:
“‘Related housing development’ means development which… is on the same site as, or is next to or close”.
I hope that the Minister can reassure me on this. I am concerned that in an infrastructure project such as that road tunnel, where I can see no housing that is functionally linked, this clause could allow for housing to be built in a different part of the borough, bypassing local accountability and any community influence, simply because there is a nationally significant infrastructure project in the vicinity and we have no idea what that means. I press the Minister to reassure me about what
“or is next to or close to”
might mean and whether any guidance will be forthcoming, or, if not, whether he will consider clarifying that part of the Bill. It is important that the housing that might be delivered through this mechanism is functionally, or more directly, linked to the infrastructure we are discussing than it might otherwise be.
Brandon Lewis
The clause has the effect of allowing the Secretary of State to grant development consent for housing that is related to a nationally significant infrastructure project. We think it is important that we change things for national infrastructure projects so that there is an ability to have related housing linked in. I will answer the hon. Member for Greenwich and Woolwich more directly in a moment. I appreciate that he has asked probing questions, and I am glad that he and the hon. Member for City of Durham made those points because, despite all that Opposition Members say about wanting more housing, at every stage of the Bill, they seem to making arguments against anything that will deliver more housing.
The Planning Act 2008 does not permit any consent for housing. That means that, when a developer wants to include housing as part of a nationally significant infrastructure project, they must make a separate application for planning permission under the Town and Country Planning Act 1990. That is inefficient, because obtaining separate consent under a separate regime adds time and cost to developers.
The hon. Member for Greenwich and Woolwich made a point about community influence. It might be worth his looking at how the national infrastructure planning framework actually works, because, in that, local communities have a say in any proposals for their area. The applicants are required to engage with and consult local communities from the outset. Local authorities have a role in assessing the adequacy of that consultation. I go further, in that clause 107 amends section 115 of the Planning Act 2008, to add “related housing development” to the types of development for which the Secretary of State can grant development consent. Related housing development is defined in the amended section 115. I am happy to be clear on the Floor of the Committee that it is about related housing development.
The notes to which the hon. Lady the Member for the City of Durham referred use the word “includes”, so they are not exhaustive, but just a few examples. If enacted, the clause will allow development consent to be granted for housing where it is on the same site or close to a nationally significant infrastructure project or is otherwise associated with it. I refer hon. Members back to my quote from a few moments ago.
We propose to set out in more detail matters, such as the maximum amount of housing that may be consented, the location of housing and how applications that include housing will be assessed, in guidance. The clause itself requires the Secretary of State to take account of any matters set out in guidance when deciding an application for development consent. This reform will improve the nationally significant infrastructure planning process, by creating the opportunity for developers—bearing in mind that, on average, there are only 15 applications a year—to benefit from a more efficient process for these kinds of applications for housing that is relevant, appropriate or related to an national infrastructure project.
Dr Blackman-Woods
I rise to emphasise to the Committee the point I made at the beginning of our discussion on the clause. To be clear, we are not objecting to the principle of having housing attached to large-scale infrastructure projects. We simply wanted to question the Minister on some of the details of the guidance. In scrutinising the Bill, it is important that we ask questions about whether the scheme will work in practice.
Question put and agreed to.
Clause 107 accordingly ordered to stand part of the Bill.
Clause 108
Designation of urban development areas: procedure
Brandon Lewis
I beg to move amendment 183, in clause 108, page 51, line 16, after “subsection (1)” insert
“in relation to land in England”.
This amendment would state that the consultation requirement inserted into section 134 of the Local Government, Planning and Land Act 1980 by clause 108(2) would only apply in relation to an order creating an urban development area in England.
Brandon Lewis
Amendments 183 and 184 make it clear that the duty to consult when designating land as an urban development area or establishing an urban development corporation will apply in England only, as planning policy in this respect is devolved. These are minor, technical amendments.
Amendment 183 agreed to.
Clause 108, as amended, ordered to stand part of the Bill.
Clause 109
Establishment of urban development corporations: procedure
Amendment made: 184, in clause 109, page 52, line 2, after “section” insert
“in relation to an urban development area in England”.—(Brandon Lewis.)
This amendment would state that the consultation requirement inserted into section 135 of the Local Government, Planning and Land Act 1980 by clause 109(2) would only apply in relation to an order establishing a corporation for an urban development area in England.
Dr Blackman-Woods
I beg to move amendment 236, in clause 109, page 52, line 24, at end insert—
“(4) Section 136 of the Local Government, Planning and Land Act 1980 [objects and general powers] is amended as follows.
(5) After subsection (2) insert—
‘(2A) Corporations under this Act must contribute the long-term sustainable development and place making of the new community.
(2B) Under this Act sustainable development and place making means managing the use, development and protection of land and natural resources in a way which enables people and communities to provide for their legitimate social, economic and cultural wellbeing while sustaining the potential of future generations to meet their own needs and in achieving sustainable development and place making, development corporations should—
(a) positively identify suitable land for development in line with the economic, social and environmental objectives so as to improve the quality of life, wellbeing and health of people and the community;
(b) contribute to the sustainable economic development of the community;
(c) contribute to the vibrant cultural and artistic development of the community;
(d) protect and enhance the natural and historic environment;
(e) contribute to mitigation and adaptation to climate change in line with the objectives of the Climate Change Act 2008;
(f) positively promote high quality and inclusive design;
(g) ensure that decision-making is open, transparent, participative and accountable; and
(h) ensure that assets are managed for long-term interest of the community.’
(6) Section 4 of the New Towns Act 1981 [The objects and general powers of Development Corporations] is amended as follows.
(7) For subsection (1) substitute—
‘(1) The objects of a development corporation established for the purpose of a new town or Garden City shall be to secure the physical laying out of infrastructure and the long-term sustainable development and place making of the new community.
(1A) Under this Act sustainable development and place making means managing the use, development and protection of land and natural resources in a way which enables people and communities to provide for their legitimate social, economic and cultural wellbeing while sustaining the potential of future generations to meet their own needs and in achieving sustainable development, development corporations should—
(a) positively identify suitable land for development in line with the economic, social and environmental objectives so as to improve the quality of life, wellbeing and health of people and the community;
(b) contribute to the sustainable economic development of the community;
(c) contribute to the vibrant cultural and artistic development of the community;
(d) protect and enhance the natural and historic environment;
(e) contribute to mitigation and adaptation to climate change in line with the objectives of the Climate Change Act 2008;
(f) positively promote high quality and inclusive design;
(g) ensure that decision-making is open, transparent, participative and accountable; and
(h) ensure that assets are managed for long-term interest of the community.’”
This amendment would insert place-making objectives for both UDC’s in Local Government Act 1980 and for New Town Development Corporations in the New Towns Act 1981 and sets out a high quality purpose for making the development of scale growth.
The clause relates to the procedure for establishing urban development corporations. The purpose of amendment 236 is to try to ensure that if new developments are established under this regime, they conform, at least to a degree, to garden city principles. I am sure that I do not need to remind Committee members about this. I am sure that they all follow matters to do with setting up new towns and garden cities with as much fascination as I do. The Government put through a new garden city under an urban development corporation last year.
Opposition Members’ concern about the procedure relates to the fact that although urban development corporations can deliver new housing and even some associated infrastructure, in their current form they most certainly do not deliver garden cities, because they are not underpinned by garden city principles. The purpose of the amendment is to try to ensure that they are—that they contribute in that way. In particular, the amendment, as opposed to some of the measures that we discussed earlier in our proceedings, focuses on sustainable development and ensuring that the new housing developments are sustainable for the future. They would have built into them, for example, provision to ensure that they contributed to
“the vibrant cultural and artistic development of the community”.
They would
“protect and enhance the natural and historic environment”.
They would also—I am quite concerned that this is missing from the Bill at present—have to
“contribute to mitigation and adaptation to climate change in line with the objectives of the Climate Change Act 2008”.
They would have to
“promote high quality and inclusive design”.
They would have to ensure that decision making was
“open, transparent, participative and accountable”
and that assets were managed for the
“long-term interest of the community.”
The amendment is also designed to ensure that local people are very much involved in the setting up of a new town or garden city and with the infrastructure and the area’s long-term development.
This approach has been helpfully outlined for the whole Committee by the Town and Country Planning Association. In fact, the manifesto that it recently launched in Parliament directly addresses this clause and the amendment to it. Basically, it argues that planning in this country needs to be much more people centred and to get back to some of its roots. It points out that Planning4People is a coalition of organisations and individuals who share a common belief in the value of place making to achieve a just and sustainable future. Together, they are determined to ensure that planning shapes the kind of places that this nation deserves. Planning must change so that it is genuinely focused on people’s needs. Our objective is to bring about the rebirth of the creative, social town planning, which did so much to lay the foundations of a civilised Britain—
Mr Stewart Jackson (Peterborough) (Con)
For the record, can the hon. Lady dissociate herself from the comments of the witness from the Town and Country Planning Association? The TCPA compared the Government’s very sensible legislation to racially motivated zoning, which was struck down by the US Supreme Court. That was effectively nonsense on stilts.
Dr Blackman-Woods
The point I remember the TCPA representative making—which is an issue that perhaps the Minister will want to deal with today—was that the Government appeared to be trying to put together the American zonal system of planning with our local plan-making system and that those two things do not sit very well together, and perhaps we should have one system or the other. I apologise to the hon. Gentleman if I have missed something else, because I was focusing on the difficulties that would be caused by having the two systems together.
Mr Jackson
I do not want to try your patience, Mr Gray, but the hon. Lady is praying in aid the evidence of the TCPA. I raised the point that that evidence was very contentious. It made a number of assertions about the Bill from which I invited the hon. Lady to distance herself.
Dr Blackman-Woods
Perhaps I should clarify for the hon. Gentleman that the evidence to which I am referring at the moment was put together by a whole range of different organisations, which go under the umbrella of Planning4People. This group said that they are trying to get back to an idea of town planning that did so much to lay the foundation of a civilised Britain, using democratic planning to put people at the heart of the process. This is relevant to the amendment because this group of planners are guided by a very powerful definition of sustainable development, which emphasises social justice as a key outcome. They also say that they want a real concentration on building places that are sustainable for future generations, not only to live in but to live decent lives in. They go on, very helpfully, to outline for us what some of those places would look like.
This means that there would be a concern to reduce inequalities of income and of access to education and health, and to promote places where individuals and communities can achieve lasting levels of happiness and wellbeing. I thought that Conservative Members could get behind this particular idea underpinning planning and, indeed, that they would relish getting behind a planning system that seeks to put the achievement of happiness and wellbeing at its heart. I am sure that we would all like our planning system to deliver that.
Planning4People is asking for a new legal duty in planning legislation that would ensure that planning is based on outcomes. It stresses in particular how sustainable development will be achieved, with the requirement to reduce social inequality, give councils back powers over permitted development and so on. That is what this amendment would do. I draw that particular publication to the attention of hon. Members, because I think that it sets out very clearly for us a context in which perhaps I can persuade the Minister that, in introducing urban development corporations, he will ensure that they are underpinned by some of the garden city principles that we want to see.
Peter Dowd (Bootle) (Lab)
My hon. Friend mentioned wellbeing, which made me recall a speech by the Prime Minister—I pay huge attention to his speeches—in which he talked about wellbeing. He said:
“I am excited about this, because it’s one of those things you talk about in opposition, and say that this is something we ought to try and measure, get right, and understand”.
Does she agree that the Prime Minister is spot on in trying to ensure that wellbeing is at the front of Government policy?
Dr Blackman-Woods
Well, is not that interesting? We obviously have a convert to the cause in the Prime Minister, who will clearly join us in our efforts to get the pursuit of happiness built into the planning system. Let us hope he will send a quick text to the Minister so that we can get agreement on the amendment, because an excellent outcome to our deliberations would be to ensure that we got a planning system with some vision for the future built around sustainability principles, with wellbeing at its centre.
The amendment specifically asks the Minister to ensure that: urban development corporations have land value capture attached to them; there is community ownership of land and long-term stewardship of assets; there are mixed tenure homes affordable for ordinary people; there is a strong local jobs offer in the garden city; and there is high-quality, imaginative design and generous green space, linked to a wider natural environment, including a mix of public and private networks of well managed, high-quality gardens, tree-lined streets and open spaces.
The Opposition think it is extremely good that Ebbsfleet is being put forward as a garden city. The Labour party thought about that and put down the foundations for it about a decade ago. It is great to see that coming to fruition, but calling something a garden city does not make it a garden city. If it is going to be a garden city, it has to have high-quality gardens, tree-lined streets and open spaces, as well as
“opportunities for residents to grow their own food, including generous allotments”,
a strong cultural offer, and
“recreational and shopping facilities in walkable neighbourhoods”.
I do not think that we have touched on this so far in our deliberations, but if we are to produce and build truly sustainable communities, we have to think about how we encourage people to walk or cycle, or how we connect them through good, publicly accessible transport systems.
We need built into the legislation the principles of what will make up a garden city such as Ebbsfleet or any future developments that will come under UDCs. Otherwise, I am not sure—the Minister might know another way—how it will deliver a garden city as opposed to a UDC that will simply deliver new homes. Those new homes are very welcome—we are not against them—but we are concerned about the fact that there is nothing to ensure that a garden city emerges in any way at all.
The Minister seems to think I do not get out enough, so I just want to reassure him that I do sometimes go to see new developments and I did go to see Ebbsfleet. The developers are very keen to have good infrastructure underpinning that development. However, the urban development corporation that underpins Ebbsfleet does not require them to do any of this. That does not seem satisfactory. It is called a garden city, yet there is nothing that makes it a garden city.
If I have missed something in what the Minister is bringing forward for these new development corporations, I apologise and he can correct me, but as I read what is in clauses 109 and 110, I cannot see anything that aims to put into the Bill that these urban development corporations must address issues of sustainability. We want, for example, to see really good-quality houses built, but we also want to see zero-carbon homes. That is what was meant—I quote the Government expressly—when they said their aim for Ebbsfleet and garden cities generally was to provide
“high quality, attractive and sustainably constructed housing”.
How can the Minister be sure that that will be achieved without having something in the Bill about how these development corporations must address issues of sustainability?
Opposition Members feel strongly about this issue. We have argued long and hard for a new generation of garden cities. Many organisations, including the Campaign to Protect Rural England, have written to the Minister and to the Committee urging them to take on board what is in the amendment and to put more in the Bill so that we can ensure that we have the sort of development we want to see—an attractive environment with workable housing and social facilities, an amazing, visionary new place to live, an amazing regeneration of an area that we can all be proud of.
Matthew Pennycook
I support the amendment. We all welcome development and new homes, but I strongly agree that garden cities and corporations, when they are bringing development forward, need to put sustainability and place making at the heart of their plans. That has a particular resonance with something that I am very passionate about, which is climate change and energy efficiency.
New subsection (2B)(e) would ensure that, in building new homes, UDCs would have to ensure that those homes and that development
“contribute to mitigation and adaptation to climate change in line with the objectives of the Climate Change Act 2008”.
We know that homes are central to the UK meeting its climate change targets and that meeting our EU obligations of 15% renewables by 2020 looks ever more precarious; a leaked letter from the Secretary of State only a few weeks back showed that. Homes have a crucial role to play.
The context at the moment for delivering sustainable homes is not great. The Government have scrapped the zero-carbon homes policy that was starting to bear fruit in many areas. The London Mayor has taken a different view and sought to put some of the provisions of that policy back in place through the London plan, and I welcome that. The context for bringing forward environmentally sustainable, high-quality homes has become more precarious and the amendment would go some way, in relation to UDCs, to making sure that sustainable homes are at the heart of what is built. That is important.
It goes back to the debate we had earlier. The hon. Members for Peterborough and for South Norfolk, and others, bemoaned the socialist architecture of the 1950s—I would call it brutalist, though they may not draw such a distinction—when homes and places for people to live were built that have not fared well over the decades. We have an obligation because the cost of retrofitting homes that fall below environmentally sustainable standards far outweighs that of the measures we need to put in place. We want to build homes that last for generations and are fit for people to live in. For that reason I support the amendment.
Dr Blackman-Woods
Once again, my hon. Friend hits the nail on the head. We often forget that we are talking about planning places that we hope will exist for generations to come. We want to be proud of the quality of the new developments and it behoves all of us, including the Minister, to ensure that garden city principles underpin the new developments.
Peter Dowd
I fully recognise those aims. Not far from where I live, the Criddle’s Estate was developed by a well-known socialist in our neck of the woods. It remains a beacon to the way developments can occur, if you get things right. The houses are solid, well sought after and an integral part of the community. We owe it to our children and grandchildren to make sure that, when we build garden cities, or developments that are not garden cities, we set out the principle clearly for everyone to see.
The amendment is perfectly reasonable. It sets out a framework for future development and I hope the Minister, even if he does not agree with it completely, understands and accepts the principle on which it is based.
Dr Blackman-Woods
The Minister’s response is entirely what I expected, unfortunately. The amendment seeks to provide a set of principles that can be attached to urban development corporations. Those principles are not prescriptive. Indeed, if an urban development corporation is not contributing to an area’s sustainable economic development, is not contributing to the vibrant cultural and artistic development of a community, is not protecting and enhancing the natural and historical environment, is not contributing to mitigation and adaptation to climate change, is not promoting high-quality and inclusive design, is not ensuring that decision making is open, transparent, participative and accountable, and is not ensuring that assets are managed in a community’s long-term interest, what exactly is it doing? Those are all things that we would expect to see from any new development. I am very disappointed with the Minister’s response and, on that basis, I will press amendment 236 to a vote.
Question put, That the amendment be made.
Mr Jones
There are circumstances in which that could be the case, but it would generally be where a local authority or another public body exercises its compulsory purchase powers before using a private organisation, for example, as a delivery vehicle for the proposed scheme. A town centre scheme is probably a good example. On that basis, I believe that I have answered the Opposition’s questions so far, and I commend the amendment to the Committee.
Amendment 246 agreed to.
Amendments made: 247, in clause 111, page 52, line 32, leave out “compulsorily”.
This amendment ensures that the right of entry in clause 111 may be exercised prior to acquiring land by agreement as well as compulsorily.
Amendment 248, in clause 111, page 52, line 35, after “survey” insert “or value”.—(Mr Marcus Jones.)
See Member’s explanatory statement for amendment 246.
Dr Blackman-Woods
I beg to move amendment 281, in clause 111, page 52, line 37, at end insert—
“(c) may do so when an existing planning permission has expired”.
This amendment would ensure that compulsory purchase order powers exist where planning permission has expired.
The Chair
With this it will be convenient to discuss the following:
Amendment 282, in clause 111, page 52, line 37, at end insert—
“(d) may do so when development has failed to commence”.
This amendment would ensure that compulsory purchase order powers exist where development has failed to commence.
Amendment 283, in clause 111, page 52, line 37, at end insert—
“(e) may do so where an empty dwelling exists”.
This amendment would ensure there are strong compulsory purchase powers to tackle empty homes.
Dr Blackman-Woods
Before I speak to amendment 281, I think it is worth putting on the record that, once again, we are very pleased that the Government have looked in detail at the recommendations of the Lyons review and have brought forward more of the measures that were recommended in that excellent document, although we think there could be a bit of tweaking to improve matters further—that is the premise of amendments 281, 282 and 283. These are designed to ensure that the process of compulsory purchase orders is expedited and prioritises the ability for land to be used in order to build more homes, which both sides of the Committee have agreed we very much want.
In its evidence to the Committee, Milton Keynes Council called for the proposed reforms to go further and to include a default position that all decisions on confirmation of a compulsory purchase order are delegated to the acquiring authority; a more fundamental consolidation and streamlining of the legislative provisions for compulsory purchase; and stronger compulsory purchase powers where planning permissions have expired and development has not commenced. Hon. Members who have looked at the Lyons review in detail will know that we spent a great deal of time looking at what happens when planning approval has expired, when there does not seem to be any building on the site or when building on the site has stalled for no obvious reason, and when the council does not appear to be able to do very much to move that development on. Milton Keynes and other councils have argued for stronger powers where planning permissions have expired and, in particular, where development has not commenced and does not look as if it will commence in the near future.
They have also asked for stronger compulsory purchase powers to tackle empty homes. What I have done—I hope it is in order, Mr Gray—is to put the three amendments together and I will speak on that basis. We also want stronger powers for councils to direct the use of publicly owned land. As I said, Milton Keynes Council is not alone in calling for the legislation to be strengthened. The Local Government Association has also been a leading voice in calling for the process to be streamlined. It has given a lot of evidence to the Committee suggesting that and I draw the attention of Members to its briefings on the subject. They give a lot of background detail about why the LGA wants the sorts of measures outlined in the three amendments to be adopted by the Government so as to speed up the process of compulsory purchase orders.
Amendments 281 and 282 would ensure that compulsory purchase orders are made faster and fairer by inserting specific instances that could provide that ease. The Government said in the October consultation that they want to streamline the process and make it more transparent. We believe that the amendments provide for that. They would strengthen compulsory purchase powers where planning permission has expired. That would be used as a measure of last resort, and with appropriate safeguards, to allow councils to tackle sites that have had planning permission for a long time but that have not been built out.
The entire notion of compulsory purchase orders is to make sure that land that is not being used can be put to use to benefit the community. Where planning permission is granted and subsequently expires without development having begun, why is there not the ability to take stronger action to ensure that development takes place on the site? It might be worth the Minister considering the suggestion in the Lyons review that land with planning permission that has not been built out within five years should be put up for auction if a new application for planning permission does not seem to be forthcoming. How does the local authority get access to that land in order to ensure that development takes place? That is an extremely important issue in trying to get more land into the system and in trying to ensure that the land that is already in the system, and that has been identified and given planning permission for housing, is brought forward.
If we want to overcome the housing crisis through a more efficient and effective planning process, one way for that to happen is to ensure that, in the circumstances I have outlined, compulsory purchase orders can not only be made but be made fairly easily. We have part 7 of the Bill because there is agreement on both sides of the Committee that the process needs to be streamlined. The view of councils and local authorities, which are often at the hard end of needing to get land developed, is that the proposals need to go a bit further.
Similarly, amendment 283 would ensure that compulsory purchase orders are able to support local authorities to bring empty homes back into use—the amendment would enable local authorities to refurbish such properties and bring them back into a habitable state. To put that in context, Government tables show that, in October 2014, there were 610,000 vacant homes in England alone, which is a very high number. A small number of those homes, only 25,000 or so, were owned by the local authority. If we compare the number of homes that local authorities can do something about at the moment—around 20,000 or 25,000—with the massive 610,000 vacant properties that are out there, it clearly shows that something needs to happen to bring those homes into use, and to bring them into use more quickly.
In its response to the consultation on improving the compulsory purchase process, the LGA pointed out that there is a lot to be gained from supporting councils to bring empty homes back into use:
“Local authorities could…recoup their investment through rental income over the set time period, and even acquire nomination rights, returning the properties back to their owners at the end of the lease.”
Moreover, there is something to be gained within the wider community by supporting councils to address empty homes. Long-term empty homes tend to have a negative impact on surrounding homes and areas. Although addressing empty homes will not provide a solution to the need for new homes, it is part of the solution. Both sides of the Committee agree that we need a multi-tenure approach and that we have to get more homes into the system through a range of measures. It is therefore incumbent on all of us that we do not forget how empty homes could provide part of the solution. We recognise that empty homes are only part of the solution, but they are an important part of making the best use of the stock that already exists.
It is also important to allow, and perhaps enable, councils to show that they are actively engaged in finding practical solutions to housing problems in their area. I am sure we have all had local people say to us, “With so many families on the housing waiting list and so many homeless families, why aren’t those houses that are lying empty brought back into use?” Of course, the reality, as we know, is that it is often very difficult for local authorities to find out who owns a property or what state the ownership is in. They have to go down a very lengthy and costly compulsory purchase order route that is often challenged at later stages in the legal process.
Dr Blackman-Woods
I am grateful to my hon. Friend for giving way. Has he not just given a brilliant example of what we are discussing? Having better compulsory purchase powers would enable local authorities to unlock a necessary development for his constituents of the sort that we have all been talking about.
Mr Thomas
That is generous of my hon. Friend. It is a particular concern of my constituents, given the huge cuts to Transport for London grant, which might mean that access programmes that exist for other stations are cut, putting even further away the prospect of better access at Harrow-on-the-Hill station. If there were a way to secure some planning gain from the development at the Harrow post office site that might be invested in better access and it might be another route to achieving the objective that my constituents have had for a long time now, under both Mayors of London, which is to make Harrow-on-the-Hill a fully accessible station. I hope that the Minister will be particularly attracted to amendment 282. In that spirit, I support my hon. Friend’s amendment.
Dr Blackman-Woods
The figures—I did not actually say that they related to long-term vacant properties; I simply said they were empty—came from the Minister’s own Department in October 2014. The figures given by the Department state that there are 610,123 vacant homes. I am clear that that is the figure I was given.
Mr Jones
I hear what the hon. Lady says, but I think she is putting up a false argument, because homes that are vacant in the short term are often let. That is obvious on the basis that the number of long-term vacant homes is a significantly lower number than the number of short-term vacant properties.
On the LGA, I can reassure the hon. Lady that Ministers meet it to discuss such matters regularly. On empty dwellings, local authorities can apply for empty dwelling management orders under the powers of the Housing Act 2004. That would be a far better vehicle than the amendment that she has tabled. In relation to the concerns raised by the hon. Member for Bootle about the process and clarity, in October we published updated guidance on the compulsory purchase process in a new format that has new user-friendly language to try and help people understand a very complex area of law.
Given the assurances that I have given to the hon. Lady, and on the basis that the intention of her amendment would not be achieved through the amendment, perhaps she will consider withdrawing it.
Dr Blackman-Woods
I know that under clause 111 as drafted it would not be possible for acquiring authorities to have access to compulsory purchase orders, but that was why we tabled the amendment. If the amendment were agreed to, the clause would allow that, and that would speed up the process of dealing with empty properties. I just say to the Minister that if the system and the Bill were okay, and if local authorities were to be enabled to do all that they want to bring forward development in their area, with sufficient land available for that, and to tackle the scourge of empty properties, they would not have asked us all to think about amending the Bill. Will he have another look at the issue? Local authorities are saying, “We cannot do what we want to do for our areas through the Bill as it stands.” I ask, in as nice a way as possible, that he thinks about the matter again, and especially what can be done to bring empty properties back into use as quickly as possible. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 111, as amended, ordered to stand part of the Bill.
Clause 112
Warrant authorising use of force to enter and survey land
Amendments made: 249, in clause 112, page 53, line 18, after “surveying” insert “or valuing”.
See Member’s explanatory statement for amendment 246.
Amendment 250, in clause 112, page 53, line 20, after “survey” insert “or valuation”.—(Mr Marcus Jones.)
See Member’s explanatory statement for amendment 246.
Question proposed, That the clause, as amended, stand part of the Bill.
Dr Blackman-Woods
I beg to move amendment 280, in clause 119, page 57, line 24, at end insert—
“(d) submitted to the acquiring authority”.
This amendment would include local authorities in the compulsory purchase order decision.
I would appreciate a bit of direction from the Chair, Mr Gray.
Dr Blackman-Woods
Thank you, Mr Gray. I wish to speak about amendment 280 and to make some wider comments about clause stand part, and I seek guidance as to whether I should do them both together.
The Chair
It might be simplest if the hon. Lady spoke about amendment 280 and made comments on clause stand part; we could then avoid having a separate debate later. Please range wider than the amendment would indicate.
Dr Blackman-Woods
That is very helpful. Thank you very much indeed, Mr Gray.
Amendment 280 aims further to include the local authority in planning decisions and asks for local authorities to be engaged with the compulsory purchase order decisions. It would add a useful element to the Bill for two main reasons.
First, it would ensure that local authorities have a strong and active role in the CPO decision. As we have highlighted throughout the Committee process, and it has been backed up time and again by those giving evidence, local authorities often have a much better knowledge of and insight into the needs and realities of a local area than central Government or, in this particular instance, a planning inspector.
That is obviously also true when it comes to planning decisions and putting local people at the heart of the planning process. It is important that local councillors in particular are involved in compulsory purchase. They are often in a very good position to bring about a collaborative approach, rather than one that is simply top-down, and can play a pivotal role in explaining to a local community and to the owners of the land why compulsory purchase is a sensible decision. We feel that this role for local authorities and their councillors in mediating some of the disputes that can arise from CPO decisions has been overlooked, or perhaps it has not been exploited enough by Government and those seeking to bring about compulsory purchase. It could also be an important element in speeding the process up, because that mediation that can be brought about locally could help to highlight some of the difficulties that exist.
Again, this amendment has come forward very strongly from the LGA, which says that it wants to be actively engaged in the process; it thinks that it could have a positive impact on decisions. The LGA has said that the consultation that the Government carried out before introducing the Bill proposed enabling powers to allow the Secretary of State to delegate decisions for confirmation to an inspector in certain instances, which is exactly what we are discussing in relation to clause 119.
Although that is a step in the right direction and should speed up decision making to a degree, we think that the Government should be even more ambitious. That is why we think that the requirement for permission from the Secretary of State to proceed with a compulsory purchase order should be removed, or at least that consideration should be given to removing it in certain circumstances, particularly where safeguards are in place and it is clearly set out in legislation that local authorities could be given that decision. It would be interesting to hear from the Minister when he responds to these points why he thinks that we should not do more to strengthen the role that local authorities could play in bringing about CPOs swiftly and ensuring that all parties are on board with the decision.
I have a few wider comments, which I will keep extremely brief. Again, the LGA, on the back of this clause and other related clauses, has said that it thinks that there could be a
“more fundamental consolidation and streamlining of the legislative provisions for compulsory purchase”.
In particular, it points out:
“A number of different Acts and statutory instruments introduced over more than 150 years pertaining to compulsory purchase have resulted in antiquated legal terminology, inconsistences and uncertainties, all of which add to the costs of the CPO process and the scope for dispute.”
That is an extremely interesting point. Although the clause contains some of the streamlining that we all want to speed up the CPO process and make it easier to understand and more transparent, we are probably seeing the need for consolidating legislation that would make it easier for everyone.
The LGA makes another important point:
“Land valuation should be considered by the tribunal up front, in cases where a compulsory purchase order is in contest, not at the end of the process, creating greater certainty”
for all parties. I would be grateful, when the Minister is responding to both the amendment and clause stand part, if he said more about what we can do to help local authorities. I point out to him that we have an incredibly complicated 10-stage process in place at the moment. Anything that we can do to streamline it would be helpful. It is clear from the many representations made to the Committee that giving local authorities a greater role would help streamline the process hugely. More than that, it would show that the Government have faith in local authorities to do the best for their area. We understand fully the need for safeguards in certain circumstances, but we would like the Government to extend localism to having some faith that local authorities know what is best for their communities, and allowing them a direct role in the compulsory purchase process.
Mr Jones
I thank the hon. Lady for her explanation of amendment 280 relating to clause 119(3), which substitutes for section 2(2) of the Acquisition of Land Act 1981 a new section 2(2) requiring a compulsory purchase order to be made by the acquiring authority and submitted to the confirming authority—the Secretary of State—for confirmation in accordance with part 2 of the 1981 Act. Amendment 280 would require the order to be submitted to the acquiring authority also. The amendment is unnecessary and inappropriate because the compulsory purchase order will have been made by the acquiring authority and submitted to the confirming authority. There is therefore no need or purpose for the order to be submitted back to the acquiring authority.
Section 2(2) of the 1981 Act is about the submission phase, not the decision phase. Part 2 of the 1981 Act concerns the decision phase. The compulsory purchase decision phase must comply with article 6 of the European convention on human rights, which means that the decision on an order needs to be made by an independent and impartial tribunal. The current process, whereby the confirming authority makes its decision, after the affected parties have had the opportunity to make objections and have them heard by an inspector, ensures a fair and impartial process that is article 6 compliant. I hope, therefore, that the hon. Lady will consider her proposal unnecessary and inappropriate. I invite her to withdraw the amendment.
Dr Blackman-Woods
The LGA and the councils clearly feel strongly about the issue because they are asking for changes to be made. I hear what the Minister says about ensuring a degree of independent adjudication, and it would help if he could indicate whether he will keep talking to the LGA about how its concerns might be better addressed in the current system. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 119, as amended, ordered to stand part of the Bill.
Clause 120
Time limits for notice to treat or general vesting declaration
Mr Jones
I beg to move amendment 259, in clause 120, page 57, line 36, leave out “made” and insert “executed”.
This amendment, together with amendments 260, 261, 272, 273, 274, 275, 276 and 277, amends references to a general vesting declaration so that they are consistent with the terminology of section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (although “make” and “execute” mean the same thing).
Dr Blackman-Woods
The clause relates to objections relating to the division of land, and I have a question for the Minister. If an objection to the taking of only part of the land is served by a landowner, the project for which powers of compulsory purchase have been granted is likely to come to a halt until the landowner’s desire to have the entirety of the interest acquired has been resolved either by agreement or by the Lands Chamber. This can create a situation in which the landowner can hold the intended project to ransom on account of the likely delay to the project, given the delay in resolving the issue in the Lands Chamber, which can often amount to a year or a number of years if the issue is particularly complex. Does the Minister think the measures in the clause will help in that situation? Will they help to provide a remedy that speeds up resolution of problems that emerge when there is a division of land or land is split in some way? If the Minister thinks that it does, will he explain to the Committee how?
Mr Jones
It will probably help if I explain clause 134, which introduces schedules 9 and 10, which contain a dispute resolution procedure where material detriment has been alleged. This may arise when only a part of a claimant’s land is required by the acquiring authority. Schedule 9 applies when a notice to treat has been served and schedule 10 applies following the execution of a general vesting declaration. It may help the Committee if I briefly outline the concept of material detriment.
Some projects, such as roads, may require only part of someone’s land, and that will be the land included in the compulsory purchase order. The taking of land and the nature of the project will have differing effects depending on the nature of the remaining land. Material detriment arises where the claimant’s retained land would be less useful or less valuable to a significant degree. If the claimant thinks that taking part of the land will cause material detriment to a house, building or factory, including part of a garden or park belonging to the house, he or she can serve a counter-notice, which can then be referred to the upper tribunal for determination.
The procedure for claiming material detriment differs depending on whether an acquiring authority serves a notice to treat or executes a general vesting declaration. The intention in the Bill is to harmonise the two procedures as far as possible. That goes some way to simplifying the process by giving both parties a greater understanding of the process, and giving a better steer to the courts in relation to making sure that the procedure is harmonised for when both systems are used.
Paragraph 3 of schedule 9 inserts new schedule 2A into the Compulsory Purchase Act 1965. This sets out the procedure for serving a counter-notice requiring the purchase of land, not the notice to treat, and its subsequent determination. Among the procedural details are three important points. First, the acquiring authority is permitted to enter the land that it wants and to get on with its scheme where the counter-notice has been referred to the tribunal. That is set out in paragraph 11 of new schedule 2A, referred to in paragraph 5(b). Secondly, if the acquiring authority does that, there is no going back, as it will be compelled to take the remainder of the land if the tribunal finds in favour of the claimant. That is the effect of paragraph 21(1)(c) of the new schedule 2A, which allows the acquiring authority to withdraw its notice to treat only if it has not yet entered on and taken possession of the land. Thirdly, if the tribunal requires all or some more of the remaining land to be taken, the claimant will be compensated for any losses caused by the temporary severance of the land where the authority has already entered part of it. For example, if part of a claimant’s business premises is taken, he or she may incur trading losses over and above those that would have occurred had the land been taken in the first instance. That is provided for in paragraph 26(5) of new schedule 2A.
Among the consequential amendments in part 2 of schedule 9 is a new feature of the material detriment regime. Paragraph 9 inserts a new section 2A into the Acquisition of Land Act 1981 that allows acquiring authorities to disapply the material detriment provisions for land that is 9 metres or more below the surface. That provision will prevent spurious claims for material detriment from owners of land above tunnels where the works will have no discernible effect on the land. Provisions of that nature are common in hybrid Acts, such as the Crossrail Act 2008.
Schedule 10 provides a similar counter-notice procedure where material detriment is claimed following the execution of a general vesting declaration under the Compulsory Purchase (Vesting Declarations) Act 1981. I commend clause 134 to the Committee.
Question put and agreed to.
Clause 134 accordingly ordered to stand part of the Bill.
Schedule 9
Objection to division of land following notice to treat
Amendments made: 274, in schedule 9, page 94, line 5, leave out “made” and insert “executed”.
See Member’s statement for amendment 259.
Amendment 275, in schedule 9, page 95, line 36, leave out “made” and insert “executed”.—(Mr Marcus Jones.)
See Member’s statement for amendment 259.
Schedule 9, as amended, agreed to.
Schedule 10
Objection to division of land following vesting declaration
Amendments made: 276, in schedule 10, page 103, line 9, leave out “made” and insert “executed”.
See Member’s statement for amendment 259.
Amendment 277, in schedule 10, page 103, line 22, leave out “made” and insert “executed”.—(Mr Marcus Jones.)
See Member’s statement for amendment 259.
Schedule 10, as amended, agreed to.
Clauses 135 and 136 ordered to stand part of the Bill.
Clause 137
Power to override easements and other rights
Dr Blackman-Woods
I thank the Minister for carefully taking us through the amendments and for answering one of my questions already, but there are a couple of others which I will deal with quickly.
It does make a lot of sense to split the clause in the way the Government suggest. The clause gives acquiring authorities a power to override rights in land following compulsory purchase, similar to provisions in section 237 of the Town and Country Planning Act 1990, which allows planning authorities to override easements and other rights in land following compulsory purchase or in seeking to develop its own land to another purpose. If the land is subject to rights benefiting other persons, such as a right of way or a restrictive covenant, the right can be overridden and development carried out even if the right would be breached. Provision is made for the payment of compensation, but the quantum of compensation is limited to the diminution in value to the interest in land that benefited from the right. There is no provision for recovery of other losses, such as loss of business income, arising as a consequence of the overriding.
I was going to ask the Minister whether the amendment would specifically look at land already held by local authorities that is intended to be appropriated and developed in future, but he answered that question directly. However, are the provisions for compensation sufficient to compensate for losses, particularly for lost profits, and are they compatible with article 1 of the first protocol to the European convention on human rights?
Mr Jones
I thank the hon. Lady for her question. Diminution of value is how the system works under current compulsory purchase powers. The provisions are designed to extend the existing powers to other bodies with compulsory purchase powers, not to amend them. I hope that that answers her question.
Amendment 262 agreed to.
Amendments made: 263, in clause 137, page 66, line 41, at end insert—
‘( ) Subsection (1) also applies to building or maintenance work where—
(a) there is planning consent for the building or maintenance work,
(b) the work is carried out on other qualifying land, and
(c) specified authority could acquire the land compulsorily for the purposes of the building or maintenance work.’
Schedule 11 removes a number of existing powers to override easements. This amendment, together with amendments 266, 267, 268, 269 and 271, would mean that the new power in clause 137 could be exercised instead of the powers removed by Schedule 11.
Amendment 264, in clause 137, page 67, line 6, after ‘authority’ insert
‘, or
(ii) been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990’.
See member’s explanatory statement for amendment 262.
Amendment 265, in clause 137, page 67, line 8, after ‘building’ insert
‘, or carrying out any works,’.
Clause 137(4)(c) limits the power in clause 137(3) to use land despite existing easements or restrictions so that it may be exercised only when a specified authority could acquire land compulsorily for the purpose of erecting or constructing any building for the use in question. This amendment would adjust the restriction in clause 137(4)(c) so that it is not limited to erecting or constructing a building but includes carrying out any works.
Amendment 266, in clause 137, page 67, line 8, at end insert—
‘( ) Subsection (3) also applies to the use of land in a case where—
(a) there is planning consent for that use of the land,
(b) the land is other qualifying land, and
(c) specified authority could acquire the land compulsorily for the purposes of erecting or constructing any building, or carrying out any works, for that use.’
See Member’s explanatory statement for amendment 263.
Amendment 267, in clause 137, page 67, line 15, leave out ‘In this section’ and insert
‘In sections 137 and 138’.
The changes that would be introduced by amendments 263, 266, 269 and 271 would add considerably to the length of clause 137. This amendment, together with the motion after amendment 270, would prevent clause 137 becoming too long by removing the interpretation subsection from that clause and putting it into its own clause.
Amendment 268, in clause 137, page 67, leave out lines 18 and 19.
Amendments 262, 264 and 269 would introduce references to a local authority’s planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990. The list of authorities that are local authorities for those purposes is different from the list that are local authorities for the purposes of the definition of “specified authority” in clause 137. This amendment and amendment 270 therefore remove the general definition of “local authority” and define the term “local authority” only in relation to the term “specified authority”.
Amendment 269, in clause 137, page 67, line 19, at end insert—
‘“other qualifying land” means land in England and Wales that has at any time before the day on which this section comes into force been—
(a) acquired by the National Assembly for Wales or the Welsh Ministers under section 21A of the Welsh Development Agency Act 1975;
(b) vested in or acquired by an urban development corporation or a local highway authority for the purposes of Part 16 of the Local Government, Planning and Land Act 1980;
(c) acquired by a development corporation or a local highway authority for the purposes of the New Towns Act 1981;
(d) vested in or acquired by a housing action trust for the purposes of Part 3 of the Housing Act 1988;
(e) acquired or appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990;
(f) vested in or acquired by the Homes and Communities Agency, apart from land the freehold interest in which was disposed of by the Agency before 12 April 2015;
(g) vested in or acquired by the Greater London Authority for the purposes of housing or regeneration, apart from land the freehold interest in which was disposed of before 12 April 2015—
(h) vested in or acquired by a Mayoral development corporation (established under section 198(2) of the Localism Act 2011), apart from land the freehold interest in which was disposed of by the corporation before 12 April 2015.’
See Member’s explanatory statement for amendment 263.
Amendment 270, in clause 137, page 67, line 38, after ‘authority’ insert
‘as defined by section 7 of the Acquisition of Land Act 1981’.—(Mr Marcus Jones.)
See Member’s explanatory statement for amendment 268.
Ordered,
That Clause No. 137 be divided into two clauses, the first (Power to override easements and other rights) consisting of subsections (1) to (6) and the second (Interpretation of sections 137 and 138) to consist of subsections (7) and (8).—(Mr Marcus Jones.)
Clauses 137A and 137B, as amended, ordered to stand part of the Bill.
Clause 138
Compensation for overridden easements etc
Amendment made: 271, in clause 138, page 68, line 14, leave out subsection (5).—(Mr Marcus Jones.)
See Member’s explanatory statement for amendment 263.
Clause 138, as amended, ordered to stand part of the Bill.
Clause 139 ordered to stand part of the Bill.
Schedule 11
Amendments to do with sections 137 and 138