Planning (Enforcement) Bill

Robin Millar Excerpts

Friday 19th November 2021 Commons Chamber

[Julie Marson (Hertford and Stortford) (Con)]

It is a great pleasure to follow my hon. Friend the Member for East Surrey (Claire Coutinho), with whose words I completely agree. I also commend my hon. Friend the Member for Runnymede and Weybridge (Dr Spencer) for bringing forward this important Bill. Perhaps there is something in the water in Runnymede, with the history of Magna Carta, about wanting to stand up for the voice of the people. Before historians write to me, I know it was not that simple and that was not exactly what the barons had in mind, but it plays into the theme of what he is trying to achieve, which is to have people’s voices heard and to ensure there is integrity and faith in the planning system. That is so important, because housing and our lived environment play into what most of us want from our lives.

We want a decent place to live. We want our neighbours to respect our rights and we have to respect our neighbours’ rights. This plays into a sense of fairness and of right and wrong in the system, and if systems do not have that innate sense of fairness and of right and wrong, we lose trust in them. Once we lose faith in such systems, we are all in a very dangerous place.

Planning is one of the things that those in government—whether at local authority level or at parliamentary and national level—find really affects people’s lives. This can seem esoteric, but when people’s bins are not collected or someone is building an illegal garage or parking lot next to them, it causes them so much distress and truly causes so much anxiety in their lives. That is when they turn to those in authority—they come to us for help, but when that help is not available, it has a real effect on their faith in all of us, which is why I think this is so important. As a policeman’s daughter and a former magistrate, I do not think I am much of a rule breaker, so to see other people break the rules—[Interruption.] I am not; I am a good girl.

Turning to the measures in the Bill, I think there is a lot to commend them. The database is a really pragmatic way of determining who breaks the rules and how often, and of seeing how widespread this problem is. So often, this is a commercial decision for people, and that plays into the second part of what my hon. Friend is trying to do, which is about breaches and fines. I think the fines and other disincentives to people doing this have to be based on commercial reality, otherwise they can easily be factored into the decisions made by rogue developers and those who want to break the rules, and be seen as just a cost of doing that business. That is covered in the Bill, but the devil is in the detail as to how it might work.

[Robin Millar (Aberconwy) (Con)]

My hon. Friend makes a powerful point about the impact on residents of rogue developments. My hon. Friend the Member for East Surrey (Claire Coutinho) likewise made a point about the time taken up by the impact on people. In my own constituency of Aberconwy, the town of Deganwy is suffering from exactly that, as a rogue development has led to sewage outfall going directly into the Conwy estuary. Does my hon. Friend agree that the size of the penalty needs to be proportionate to the longevity and the nature of the distress that residents suffer?

[Julie Marson]

My hon. Friend is absolutely right, and it is so cynical. Some of these things are accidental—people do not mean to do it—but so often they are intentional and commercial decisions. Whether people make such a commercial decision or abide by the rules so often depends on the penalties available to local authorities and planning enforcers. As I say, the cynical breaking of planning provisions undermines all faith in the system, particularly for the vast majority of people who abide by the rules. They take the rules seriously, and they do not want to push the envelope as some people do. It is a great contrast.

Going back to the Bill, the ability to go to the High Court for an injunction is a pragmatic and realistic way to stop people doing this again or making further applications, as well as to restrict the use of a site or to return a site to its original state, notwithstanding the comment made by one of my hon. Friends about that. Another interesting provision included in the Bill by my hon. Friend the Member for Runnymede and Weybridge is the requirement on the Secretary of State to review the adequacy of its measures. As another of my hon. Friends said, this process is an evolution, and we need to monitor it, determine whether the provisions in the Bill are sufficient, and see whether other criminal offences or increased penalties are needed in the future. That is all part of this, and we should take it very seriously.

As I have said, this issue causes people great anxiety, and what plays into that is the fact that the power is held by large developers in so many cases. There is no one silver bullet for many of these issues. One constituent has been waiting for two and a half years for a developer to resolve issues with the house that they moved into. We should encourage more competition in the market from small and medium-sized enterprise providers to improve the market and ensure fair competition so that those types of practices, which push the envelope, are not allowed to take root.