Town and Country Planning

Rosie Winterton Excerpts

Wednesday 30th September 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

We now come to the three motions on town and country planning, which will be debated together.

[Mike Amesbury (Weaver Vale) (Lab)]

I beg to move,

That the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I., 2020, No. 632), dated 23 June 2020, a copy of which was laid before this House on 24 June 2020, be revoked.

[Madam Deputy Speaker]

With this we shall discuss the following motions:

That an humble Address be presented to Her Majesty, praying that the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 (S.I., 2020, No. 755), dated 20 July 2020, a copy of which was laid before this House on 21 July 2020, be annulled.

That an humble Address be presented to Her Majesty, praying that the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020 (S.I., 2020, No. 756), dated 20 July 2020, a copy of which was laid before this House on 21 July 2020, be annulled.

[Mike Amesbury]

I thank the Minister for finding the time for this debate in response to the prayer motions that Her Majesty’s official Opposition have laid against these regulations.

I will start by telling Members a story, one that is real and with which some across the Chamber will be familiar. It does not have a happy ending, and given the Secretary of State’s radical extension of permitted development, it is about to get a whole lot worse for many people in many of communities up and down this nation.

Over the weekend, the Minister may have read an article in The Observer about permitted development. It began by talking about the experience of a woman, Katya, who lives in a block of flats created under the existing permitted development regulations. All Katya wants, like many of us, is a place to call home, to bring up a young family and to feel secure, space for her children to play safely, somewhere to shelter during this pandemic and to be able to travel to work from, and some communal green space. Yet Katya is one of thousands of residents who are crammed into former offices and industrial units that were not built for human habitation. Some have no or few windows, some are as small as 10 square metres—the average car parking space is 11 square metres—and many are on the outskirts of towns, with few amenities such as shops and schools.

Katya is not alone. Up to 60,000 units have been built under the previous extension to permitted development, many of which are unfit for human habitation. I am certain that neither the Housing Minister nor the Secretary of State would like to find themselves or their families in them.

This debate is about three further ways in which the Government want to create poor-quality housing by bypassing the local community, local democracy and local control: by adding new units on top of flats; by allowing developers to demolish and rebuild empty buildings; and by allowing people to add multiple floors to their homes in a village, town and city near you.

Let me take Members on a visual journey up north to Leeds, where Abbey, a young professional, bought her leasehold flat only to discover that it had been cladded with flammable material. She is one of many thousands affected. She cannot sell it. It is zero-rated for a mortgage and she has to pay thousands in waking watch and insurance fees. There are also massive problems, with which the Minister and the Secretary of State are very familiar, with the EWS1—external wall survey—forms.

What is the Government’s solution? Instead of building back better, safer, healthier and greener for Katya and communities up and down our nation, the Secretary of State will go down in history not only for his unlawful planning direction in Tower Hamlets, with the Westferry affair, but as Bob the bad builder, coming to wreck a village, town and city near you.

Instead of having a relentless focus on making people like Abbey safe in a cladded building, he has rammed through a negative statutory instrument to lob an extra two storeys on blocks of flats, overnight giving some freeholders and overseas investors a multi-million pound windfall of up to £42 billion.

At the same time, this very SI has added an additional cost for leaseholders who may want to buy the freehold. No need for donors to attend the Carlton Club dinner circuit anymore and exchange chummy texts—just sneak the windfall through Parliament via an undebated instrument. What does that instrument deliver a year? Just 800 flats per year; that is 8,000 over a decade.

To make matters worse, because permitted development bypasses the planning system, we could have a ludicrous situation where high-rise buildings extended by two floors do not go through gateway 1 of the draft building safety Bill. Have the Government learned nothing just three years on from Grenfell? Oversight, regulation and rules protect lives.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

A number of colleagues want to get in on this debate. I will start by having two speeches with a limit of five limits and then reduce the limit to four minutes in an attempt to get as many people in as possible.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We are now moving to a four-minute time limit.

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[Andrew Griffith (Arundel and South Downs) (Con)]

Does my right hon. Friend agree that it is important that the 300,000 dwellings per year target is indeed delivered, and that, as part of that, some innovation in the planning system, with the right controls, is needed? Does he also agree that we would not be in such a challenging situation if it was not for the failure of the Mayor of London to deliver housing in the centre of London, and our businesses are paying a terrible price for the failure to make London a proper live-work city?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We need interventions to be short. Lots of Members want to speak, and they will not be able to do so if there are lots of interventions, and long ones.

[Robert Halfon]

I go back to my previous argument: we need quality housing. We need a lighter planning regime, because I want affordable houses for my constituents, but I want them in the right place. I therefore welcome what the Secretary of State said to me in our meeting yesterday: the introduction of a prior approvals process for these new rights, and local planning authorities and the community will now have a say over any new redevelopment, with the ability to object to plans. Local authorities can also now consider the external appearance of the building, the development’s impact on transport and neighbouring premises, as well as the provision of adequate natural light.

I understand—I would welcome the Minister’s confirmation of this—that a time-limited PDR allowing for the conversion of warehouses and buildings on industrial estates lapses today and that the Government will not be renewing this right. It was noted by the shadow Minister that the rights introduced today are so limited that this is just to deliver around 800 homes per year.

On the basis that the Secretary of State is putting an end to rabbit-hutch housing and creating a level playing field by prohibiting unwanted through-the-backdoor developments, I will support the Government. However, as I have said previously to my right hon. Friend the Minister, I ask that the Government hold to account those councils that are socially cleansing their boroughs by moving people to strange areas without any links to their families and friends. If councils must make out-of-area placements, they should contribute financially to the receiving councils’ associated costs, so that Harlow does not bear the brunt financially.

Extended PDRs have caused irreparable damage to Harlow’s landscape, social cohesion and reputation. There are unintended consequences to the drain on our local resources, which is why I strongly welcome the Secretary of State’s moves. I note that we will be able to repair some of the damage because of our £25 million bid for the Government towns fund, and I very much welcome the £1 million of accelerated funding for Harlow, announced last week, to regenerate our town centre and make sure that what has gone wrong in the past can never happen again.

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[Apsana Begum (Poplar and Limehouse) (Lab)]

Thank you, Madam Deputy Speaker, for calling me to speak in this important debate, secured by my Front-Bench colleagues.

As others have laid out, the regulations have been subject to widespread criticism. The House of Lords Secondary Legislation Scrutiny Committee raised concerns that they would result in a lighter touch prior approval process and that the changes could lead to the construction of low-quality housing. In fact, there has been report after report, piece after piece of evidence, in that regard. Even the Government’s own research, published in July, shows that permitted development rights lead to lower quality development and worrying impacts on space and overcrowding. It noted that only 22.1% of dwelling units created in this way would meet the nationally prescribed space standards, compared with 73.4% of units created through full planning permission. Furthermore, in January, the Local Government Association found that thousands of affordable homes had been lost through permitted development rights. It called for permitted development rules to be scrapped and for local communities to have a vital say on new developments in their area.

It is obvious that the consequence of removing the requirement for planning permission results in the removal of the requirement for affordable housing at the worst possible time—all in the name of the Government’s planning reforms, which have already been aptly described as a developers’ charter. Many are concerned about the watering down of what some perceive to be already limited requirements for developers to build affordable housing, known as section 106 requirements. The housing and homelessness charity Shelter points out that the majority of social homes being built now are being built under those requirements and warns that we desperately need to build more social homes, not to put the already pitiful trickle at risk.

What the Government call red tape is what housing experts recognise as important protections against unsafe and low-quality housing. Will the Minister explain why he has seen fit to pursue measures, such as the regulations before us today, that are likely to result in poorer quality housing and a reduction in affordable housing?

It is no surprise that the planning reforms were announced just weeks after the controversy surrounding the Westferry Printworks development in my constituency, which many saw as further evidence that the Government are more interested in serving billionaires than the interests of local people. Tax haven-using Northern & Shell’s ongoing clash with Tower Hamlets council has shown that the system is not fit for purpose and that we need more transparency and accountability in planning processes, not the deregulation that the measures today represent.

Although approval for the Westferry Printworks development has been withdrawn, I understand the case remains live and is to be decided soon. Will the Minister commit to publishing viability assessments in future relevant cases where affordable housing and site values are contested? Will he commit to do so for the Westferry Printworks development before the case is decided by another Minister, and confirm that he will not simply let companies do their own viability assessments, untested?

Local people really need assurances. Many people in Poplar and Limehouse cannot understand why luxury development after luxury development continues to pop up, given the local housing crisis and the fact that the borough is so overcrowded and densely populated. It is utterly incomprehensible that, at this juncture in time, the Government are further empowering developers at the expense of local people.

When will the Government ensure that developers make their buildings safe, given that there are still 300 high-rise residential and publicly owned buildings with unsafe cladding, including in my borough, and not offload costs unfairly on to residents and leaseholders? Perhaps the Minister can explain how on earth recent history has led to the decision that further deregulation of the housing sector is needed, along with less scrutiny of developers. I would also like the Minister to explain to me how these regulations will impact on the BAME community in particular.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I need to ask the hon. Lady to bring her remarks to a close now, I am afraid.

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[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I rise to oppose these three SIs. The planning system exists specifically to address and balance often conflicting demands: public versus private; local community versus national requirements; environment versus the economy; and financial capital versus human need. Every planning application is judged against clear policies and clear demands, and every planning decision considers quality as well as quantity. It is a transparent and accountable process that enables community involvement. Permitted development rights were introduced to reduce bureaucracy in specific, clearly understood circumstances, but these SIs put a coach and horses through the normal system of judging and determining a proposed development.

I had 30 years of involvement in the town planning system before being elected to this place, and these instruments give me a terrible sense of déjà vu. In 2013, the Government introduced an extension of permitted development rights; then, as now, there was cross-party and cross-sector opposition. Why? Because extending PDR created, and will create, new slums of substandard housing, over which local planning authorities have little or no control and there is little or no opportunity for community input.

Now the Government have come back for more, ignoring the conclusions of their Building Better, Building Beautiful Commission. Although they have conceded, after a lot of pressure, on minimum light and space standards, there are still major concerns about issues such as neighbour impact, access, parking, play and amenity space, and of course the proposals remove section 106 contributions from larger developments to the community on things such as affordable housing, traffic and transport improvements. As a member of the all-party parliamentary group on leasehold and commonhold reform, I also share the concerns of my Front-Bench colleague, my hon. Friend the Member for Weaver Vale (Mike Amesbury), and of the hon. Member for Worthing West (Sir Peter Bottomley) about the implications for leaseholders.

Where is the evidence that these SIs will deliver more homes? There are 318,000 homes granted planning permission between 2011 and 2018 that remain unbuilt. The Government say that these measures will provide affordable housing for younger people, but there is no evidence that suggests they will. In my west London constituency, even a substandard rabbit hutch would still be affordable only to a young person working on a City of London salary who has a chunky deposit from the bank of mum and dad. As usual, families on UK average and below-average incomes remain invisible to Ministers.

There is, of course, inconsistency between the high-falutin’ intentions in the White Paper about sustainability and quality, and what will actually happen when these SIs are implemented. Speculators and owners will be able to use these regulations to avoid all the normal conditions that are to be expected when someone goes through the normal application process, which are there to address the principles of planning that I listed at the start of my speech, and of course they will avoid community engagement.

If the Government think that we are worried unnecessarily about these issues around standards and that it will all be all right, why do this in the first place, when we have a perfectly adequate planning system? We will see yet more homes that are bad for those living in them now, bad for their neighbours, and bad for those living in them in the future.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Rachel Hopkins—I need you to sit down at 6.27 pm.

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[Mike Amesbury]

I thank Members from across the House for all the powerful contributions made today. I am sorry that I cannot acknowledge them all, but I am limited in time. Although we recognise the Government’s last-minute concession on space, resulting from our motion, and the work of campaigners from across the country in the housing and planning sector, the fact remains that this is a developer’s charter. It will enrich them, freeholders and overseas investors to the tune of billions. As has been said eloquently by Members from right across the House, it will create vandalism in our streets, communities, villages and high streets; lobbing two storeys on semi-detached houses and on flats—flats cladded with flammable materials—is nonsense. It is not building back better, building back safer—it is nonsense. As for affordable housing, 6,400 social houses last year—

[Madam Deputy Speaker]

Order. The hon. Gentleman must resume his seat.