Housing and Planning Bill (Fifteenth sitting)

Debate between Roberta Blackman-Woods and Stephen Hammond

Tuesday 8th December 2015 Public Bill Committees

[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Amendment, by leave, withdrawn.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.

Housing and Planning Bill (Thirteenth sitting)

Debate between Roberta Blackman-Woods and Stephen Hammond

Thursday 3rd December 2015 Public Bill Committees

[Dr Blackman-Woods]

I am partly reassured by what the Minister has said, although I am still a little anxious about the total scope of developments that could be given permission in principle. If the Committee will bear with me, I would like to take the Minister’s comments away and think about them. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Stephen Hammond (Wimbledon) (Con)]

I beg to move amendment 240, in clause 102, page 45, line 22, at end insert—

‘(4) A development order under subsection (1) shall be made in respect of land in Greater London by the Mayor of London and in respect of land in England outside of Greater London by the Secretary of State.

(5) Section 59B shall apply to the making of a development order under subsection (1) by the Mayor of London.”

See Member’s explanatory statement for amendment 245.

--- Later in debate ---

[Stephen Hammond]

Excellent. That is another great example. I am sure that the joint chairman of the London Land Commission is listening to those examples with relish and that, when he conducts his review in a year’s time, he will want to ensure that there is a duty to co-operate.

I listened to the Minister carefully, and I follow his logic about the need for oversight on some of my amendments. He was extremely kind in granting me some time when I was preparing the amendments, but I hope he will grant me more time before Report. I accept his point that the Secretary of State needs oversight and that neither the Secretary of State nor the Mayor will be directly making an application, but surely the powers in London are similar and, because of the way in which the Localism Act 2011 and the GLA Acts work, amendment 240 would merely be giving the Mayor similar powers to the Secretary of State. I hope the Minister might be persuaded to have another look at that prior to Report. I take his points on a number of my amendments, but there is one point that I hope he will reconsider. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Dr Blackman-Woods]

I beg to move amendment 232, in clause 102, page 46, line 14, leave out “not”.

This amendment would ensure that permission in principle expires when the plan that created it expires.

--- Later in debate ---

[Dr Blackman-Woods]

I think I have even more grave concerns about the clause and how it will affect the planning system than I did before the Minister spoke. Actually, I would like to seek the leave of the Committee to withdraw the amendment so that I can consult with people more widely in the planning sector about what this could mean in practice, particularly for local planning authorities, and what costs they will incur. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Stephen Hammond]

I want to raise two issues with the Minister, which I think are appropriate to raise under this clause but would not have been appropriate when discussing the amendments to which I was speaking a few moments ago. One of the issues follows on directly from what my hon. Friend the Member for Thirsk and Malton said. The thrust of the Bill is to ensure that housing suppliers build more housing. He spoke about how the Bill could help small and medium-sized developers.

Many of us, during our times as Members of Parliament, will have had people come to us who are frustrated with the application process and the lengthy time of it, notwithstanding the inability to pay for a pre-application process. I ask the Minister to think about whether there is a way of writing into the Bill a fast-track or accelerated process for small and medium-sized enterprises with small pieces of land, for which they could pay a fee. That would perhaps enable smaller pockets of land to be developed and help smaller industries. I ask the Minister to think about that.

The clause seems to open up some real possibilities. As a London MP, I know that there are pieces of land that do not fall wholly within one borough. In fact, this time next week my local planning committee will decide on an application that is right on the boundary between two boroughs. Is there a way of allowing those sorts of applications not to go to a particular borough? For instance, I know of a London borough that is very slow in bringing forward applications, while the borough next door has a reputation for being extraordinarily efficient. Some plots of land for housing development are on the boundary between boroughs.

The hon. Member for City of Durham, when speaking on her new clauses, talked about sustainable communities and local transport links. In some instances, the boundary line between boroughs is purely arbitrary, and that must be true of other parts of the country, too. Will my hon. Friend the Minister consider allowing applicants to apply to what they regard as the more efficient authority?

Housing and Planning Bill (Tenth sitting)

Debate between Roberta Blackman-Woods and Stephen Hammond

Tuesday 1st December 2015 Public Bill Committees

[Dr Blackman-Woods]

The hon. Lady cannot have been listening to what I was saying, because I did not dismiss anything. Far from dismissing new forms of new build and new modular construction, I said that the debate would be a very interesting one, and one to which I would happily contribute. The point I was making was that that is without the scope of the amendment, which seeks to ensure that we have replacement housing of the same tenure that is located in the same local authority area and in accordance with assessed local housing need. Again, I point out to the hon. Lady that the amendment says nothing about the exact nature of the replacement homes that are of the same tenure.

It would be interesting to discuss how we could drive up the quality of new house building throughout the country. I want to make it very clear for the record that we are not dismissing ways in which we can improve the quality of new homes that are delivered in this country, but that is not directly relevant to the discussion of the amendment. The important point we are trying to make is that there is a lot of evidence to suggest that if a requirement is not put into the Bill to ensure that we replace the homes sold through the right to buy with social rented properties in the same area and in accordance with local housing need, this country’s social housing stock will be further reduced. That is what all the commentators are telling us and what history is telling us, so we need to see measures in the Bill to prevent that from happening. That is the socially responsible thing to do. We very much want to hear what the Minister has to say.

[Stephen Hammond (Wimbledon) (Con)]

I have listened very carefully to the hon. Lady’s long explanation of her amendments. She might want to think again about amendment 151. As a Member representing a London constituency, I absolutely agree with the thrust of what she said: the proceeds of the sales should ensure that there is extra affordable housing provision in London. My hon. Friend the Member for Croydon South has already pointed out the potential internal contradiction between “assessed local housing need” and “of the same tenure”. I could spend quite a lot of time discussing whether housing of the same tenure would be appropriate.

The hon. Lady should also think about a current example of how boroughs in London find ways to solve their housing need. There are 75 people who were on the housing list in Newham who have been found properties in my constituency because of the ability to move around within Greater London. The hon. Lady needs to think very carefully about the workability of the provision that new homes are in the same London borough.

Housing and Planning Bill (Eleventh sitting)

Debate between Roberta Blackman-Woods and Stephen Hammond

Tuesday 1st December 2015 Public Bill Committees

[Dr Blackman-Woods]

I beg to move amendment 155, in clause 59, page 25, line 8, at end insert—

“( ) A dwelling must not be sold under the Right to Buy without the Housing Association having the ability to—

(a) verify the source of funding for purchase,

(b) establish who is occupying the property,

(c) check that the person/s seeking to purchase the property under Right to Buy has no interest in another property,

(d) have sufficient time to carry out checks for fraudulent activity, and

(e) be able to prepare reports on (a) – (d) for the Housing Association Board of Trustees to consider.”

This amendment would ensure that housing associations are able to carry out proper checks before proceeding with the Right to Buy offer.

The amendment seeks to argue that a dwelling must not be sold under the right to buy unless the housing association has the ability to do a list of things. I will talk for a moment or two about why we think that amendment 155 is extremely important. I emphasise at the outset that it is based on a range of questions that have been asked by the housing associations, which have presumably signed up to the voluntary agreement. Given that a lot of people out there are seeking to operate the right-to-buy scheme, I hope that we can get a detailed response from the Minister to the points made in the amendment.

Several housing associations suggest that they would like provisions under the right to buy, as listed in the amendment, to help them ensure that properties are not bought and resold as a means of laundering money. It is a serious concern of theirs. They also want to ensure that measures are implemented to help them assess and tackle fraud.

PlaceShapers is also concerned to ensure that it fulfils its responsibilities to counter fraud and money laundering. PlaceShapers requests that the process of demonstrating eligibility for right to buy requires an obligation to evidence provide the source of money to purchase. Mandatory fraud checks should be part of the application process and sufficient time should be allowed for completion of investigations prior to an application being accepted.

Given how quickly the Government have moved to the pilots, one would assume that one of the things the pilots will do—presumably this is not already in place—is establish arrangements to enable them to check thoroughly who is applying for the right to buy and whether they are a bona fide tenant.

[Stephen Hammond (Wimbledon) (Con)]

I understand the hon. Lady’s point, but surely almost all she is asking for—or the housing associations are asking for—would be required for a mortgage, if that person was going to buy. They are tenants of the property, so most of this information is already there. On the particular point about money laundering, under the stringent new rules about getting mortgages, that fear would not be present.

[Dr Blackman-Woods]

The hon. Gentleman makes an interesting point. However, PlaceShapers and other housing associations say that not all requests for a right to buy are accompanied by a mortgage application. They want to ensure that the source of money, if not through a mortgage, is from a bona fide source. That is a very real concern. We want to hear how the Minister thinks the right-to-buy scheme will address this particular set of concerns.

Housing and Planning Bill (Fourth sitting)

Debate between Roberta Blackman-Woods and Stephen Hammond

Thursday 19th November 2015 Public Bill Committees

[Dr Blackman-Woods]

Had the hon. Lady been listening to me earlier, I said that if the only rationale for the particular clauses that we are discussing was a manifesto commitment, that is perfectly understandable. My point was about whether that is the only rationale. What one would expect to hear from her, or what I hope I will hear from the Minister in a moment, is why a manifesto commitment was made to deliver 200,000 starter homes to the exclusion of meeting housing need across all other tenures and sectors. That is the question I was asking.

As we all know, we are the party of aspiration, we want people to be homeowners and we are not against measures that improve access to home ownership. The point I was making was that a lot of people have given evidence to the Committee suggesting that prioritising starter home development in quite the way that the Bill does could crowd out other forms of access to home ownership, most notably other models of low-cost home ownership, such as rent to buy or equity share, and that is not entirely sensible. That is our contention, and it is a reasonable one given the evidence received.

[Stephen Hammond (Wimbledon) (Con)]

The hon. Lady would be right were that the only contention. Had she read the Conservative party manifesto, or followed what the Prime Minister said when he introduced the relevant section of it, starter homes were only one part of our housing philosophy, which is about ensuring that houses are in place across all the different types of tenures—and we build more of them for all different types of tenures. That was his starting point. So it is not only starter homes that the Government are aiming to provide. That is important to the context of her remarks.

[Dr Blackman-Woods]

I accept that the hon. Gentleman is at least seeking to address the question that I was asking. The key issue is not whether it was a manifesto commitment, but what is underpinning it. However, I dispute his contention that the Government are delivering in the Bill and elsewhere the housing that we need across all tenures. Patently they are not, because only about half the number of homes that we need are being delivered. The numbers for social rent are also derisory.

Housing and Planning Bill (Fifth sitting)

Debate between Roberta Blackman-Woods and Stephen Hammond

Thursday 19th November 2015 Public Bill Committees

[Dr Blackman-Woods]

I thought that the hon. Gentleman’s previous intervention was about us concentrating too much on affordable homes to rent, whereas the evidence—[Interruption.] Perhaps I misheard, but what I heard him saying was that there had been too much concentration on affordable homes to rent.

[Stephen Hammond]

Will the hon. Lady give way?

[Dr Blackman-Woods]

In a minute, but first I will deal with this intervention. I pointed out earlier and this morning that although the number of social homes to rent increased from a very low number under the last Labour Government—in 2010-11, we delivered about 40,000 affordable, genuinely affordable, homes—in fact, last year only 10,000 homes for social rent were delivered. I would not have thought that to be too many homes by anybody’s estimation. I do not have the figures before me for the constituency of the hon. Member for Thirsk and Malton, but I am happy to find them. I think he will find that there are a great many people desperate for social housing on council waiting lists around the country, amounting to way more than 10,000 more properties.

In my own area, we have an excess of 8,000 people on the council waiting list, so 10,000 homes across the country does not even begin to scratch the surface. To answer his point directly, do I think that we have concentrated too much on affordable homes for rent? No, I do not. We need affordable homes across all tenures. Should we do more to provide affordable homes to buy? Absolutely. If that is the point that he was making, I agree totally.

--- Later in debate ---

[Dr Blackman-Woods]

We are making some progress this afternoon; that was another largely helpful response. It is such an important matter of principle for us that devolution should be meaningful, and that local authorities should be given a real say. I was tempted to divide the Committee on this set of amendments, but having heard the Minister’s response and bearing in mind that we await the technical consultation, which might have some of the details and further information about what will be in the regulations, which will be affirmative regulations, we will simply make the point to the Minister, for the time being, that we want a degree of local engagement. If that is reflected in what he introduces, it will be a good thing and will extend the devolution agenda. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Clause 3

General duty to promote supply of starter homes

Question proposed, That the clause stand part of the Bill.

[Stephen Hammond]

I will make a short contribution on clause 3, in the attempt to find friendship with my colleagues. In his earlier remarks, the Minister clearly recognised the aspiration in 86% of people to own their own home. I rise to put on record a point that I have made to him in private. London is a city of 8.6 million. Most recent growth has been in the 25 to 35-year-old age group, and most of the predicted growth over the next 10 years will be in that same age group. As a London MP, I put on record my unreserved support for the Government’s desire for more people to own their own homes, and my complete support for starter homes. It is also important to put on record the fact that in numerous discussions, the Mayor, the deputy Mayor and the Mayor’s office have unreservedly supported the addition of starter homes to the Bill.

The Mayor occasionally uses jovial remarks to make his point. If he were standing here today, he might make the jovial remark of the great Peter Cook and Dudley Moore about “not only, but also”. His point would be that not only should there be a duty to promote starter homes, but the Government should also consider a slightly wider point. The Minister will recognise the number of intermediate products there are in London, mainly coming through the Mayor’s First Steps scheme. The Mayor is justifiably proud at seeing 52,000 Londoners helped into homes since 2008, which is a record and an achievement to be proud of.

For many people, the shared ownership route has been a route to home ownership and there have been a wide range of providers and indeed funders of that route. Therefore, the key is not only to boost starter homes and home ownership but to recognise that there should not have to be a choice between starter homes and other forms of low-cost home ownership, because both London and the rest of the UK need both. I hope that the Minister will accept that point.

[Brandon Lewis]

I will touch briefly on that point. This clause will require all planning authorities in England, which for these purposes includes the Secretary of State, to promote the supply of starter homes when carrying out relevant planning functions. These functions include, for instance, preparing local plans, co-operating with neighbouring areas on strategic planning matters, and determining planning applications. The clause will apply to the Secretary of State, for example, when he determines called-in planning applications or recovered appeals.

This duty will mean that English planning authorities have a legal requirement to promote the supply of starter homes in their area to assist with their delivery and will ensure that starter homes are embedded within the statutory planning framework. However, as we outlined earlier, my hon. Friend the Member for Wimbledon makes a powerful point, not just in reconfirming the full support of the Mayor and his office for starter homes but in pointing out that these homes are an additional product. Yes, we are focused on wanting to see home ownership go up, but we are also focused on seeing housing supply continue to increase, and shared ownership is an important part of the toolkit that local authorities, developers and we in Government have to ensure that we drive that agenda of housing supply increases and home ownership increases over the next few years. I know that the Mayor’s office will be key, and I know that my hon. Friend the Member for Richmond Park (Zac Goldsmith) has already outlined his determination to continue to see shared ownership grow, while also ensuring that we deliver this priority of seeing starter homes for first-time buyers.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Planning permission: provision of starter homes