Holocaust Memorial Day

Baroness Winterton of Doncaster Excerpts
Thursday 26th January 2023

(3 years, 2 months ago)

Commons Chamber
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[Relevant documents: Third Report of the International Development Committee, From Srebrenica to a safer tomorrow: Preventing future mass atrocities around the world, HC 149, and the Government response, HC 992.]
Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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The debate is well subscribed and many hon. Members want to speak, so I will have to introduce a time limit, which will start at seven minutes but may have to come down. I wanted to tell hon. Members that that would be the time limit—except for the right hon. Member opening the debate—so that they could prepare for it.

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None Portrait Several hon. Members rose—
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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. There are colleagues who have informed me that they are no longer able to participate in the debate, so I am going to extend the time limit to eight minutes and see how we go.

Levelling-up and Regeneration Bill

Baroness Winterton of Doncaster Excerpts
Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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With this it will be convenient to discuss the following:

Government new clause 49—Community land auction arrangements and their purpose.

Government new clause 50—Power to permit community land auction arrangements.

Government new clause 51—Application of CLA receipts.

Government new clause 52—Duty to pass CLA receipts to other persons.

Government new clause 53—Use of CLA receipts in an area to which section (Duty to pass CLA receipts to other persons)(1) duty does not relate.

Government new clause 54—CLA infrastructure delivery strategy.

Government new clause 55—Power to provide for authorities making joint local plans.

Government new clause 56—Parliamentary scrutiny of pilot.

Government new clause 57—CLA regulations: further provision and guidance.

Government new clause 58—Expiry of Part 4A.

Government new clause 59—Interpretation of Part 4A.

Government new clause 60—Street votes: community infrastructure levy.

Government new clause 63—Marine licensing.

Government new clause 64—Fees for certain services in relation to nationally significant infrastructure projects.

Government new clause 67—Power to decline to determine applications in cases of earlier non-implementation etc.

Amendment (a) to Government new clause 67, in proposed new section 70D(1)(d), after “subsection (2) or (3)” insert “or (3B)”.

Amendment (b) to Government new clause 67, before proposed new section 70D(4) insert—

“(3B) This subsection applies in a case where there has been a failure adequately to fulfil conditions attached to a previous planning permission.”

Government new clause 68—Duty to grant sufficient planning permission for self-build and custom housebuilding.

Government new clause 69—Street votes.

Government new clause 77—Nutrient pollution standards to apply to certain sewage disposal works.

Government new clause 78—Planning: assessments of effects on certain sites.

Government new clause 79—Remediation.

Government new clause 118—Pre-consolidation amendment of planning, development and compulsory purchase legislation.

Government new clause 119—Registration of short-term rental properties.

New clause 3—Solar panel requirements for new homes

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of the Building Act 1984 to make building regulations for the purpose in subsection (2).

(2) That purpose is to provide that all new homes built in England from 1 April 2025 must have solar panels installed.”

This new clause would require new homes in England from 1 April 2025 to have solar panels.

New clause 5—Ecological surveys prior to planning application

“(1) TCPA 1990 is amended as follows.

(2) After section 57 (planning permission required for development) insert—

57A Ecological surveys prior to planning permission

(1) Before making an application for planning permission the applicant

must undertake an ecological survey of the proposed site to establish

whether the proposed development threatens the habitat of a

vulnerable species.

(2) The Secretary of State must by regulations make provision about—

(a) such ecological surveys and requirements to undertake them,

(b) the definition of “vulnerable species” for the purposes of this

section,

(c) the mitigation hierarchy being duly followed, and

(d) the relocation of species to suitable alternative habitats where

clearance or destruction of the habitat cannot be avoided or

mitigated onsite.

(3) A person who alters a potential development site—

(a) prior to the completion of an ecological survey under this section,

and

(b) without due regard to potential habitats of vulnerable species

on the site commits an offence.

(4) A person who commits an offence under subsection (3) is liable on summary conviction to a fine.

(5) The Secretary of State may by regulations make provision about offences

under subsection (3).’

(3) After section 58A (permission in principle) insert—

58AA Duty of regard to wildlife habitats in granting permissions

In considering whether to grant planning permission or permission in principle for the development of land in England which threatens the habitat of a vulnerable species under section 57A the local planning authority or (as the case may be) the Secretary of State must have special regard to the desirability of preserving or enhancing the habitat.’”

This new clause requires ecological surveys establishing whether a proposed development threatens habitats of a vulnerable species before a planning application. It also requires planning authorities to take vulnerable species’ habitats into account in planning decisions and creates an offence relating to destroying habitats prior to the ecological survey.

Amendment (a) to new clause 5, in proposed new section 57A(1), leave out

“the habitat of a vulnerable species”

and insert—

“(a) the habitat of—

(i) any vulnerable or endangered species, or

(ii) any species of red status bird, or

(b) ancient woodland.”

Amendment (b) to new clause 5, after proposed new section 57A(5), insert—

“(6) In this section—

‘vulnerable or endangered species’ means a species protected by the Wildlife and Countryside Act 1981;

‘red status bird’ means any species of bird on the latest Birds of Conservation Concern red list.”

Amendment (c) to new clause 5, at end insert—

“(4) Where an ecological survey identifies that a proposed development constitutes a threat under subsection (1), any consideration of a planning application in relation to the proposed development by the local planning authority must begin with a presumption against development.”

New clause 6—Disposal of land held by public bodies

“(1) The Local Government Act 1972 is amended in accordance with subsections (2) and (3).

(2) In section 123 (disposal of land by principal councils), after subsection (2) insert—

‘(2ZA) But the Secretary of State must give consent if the disposal is in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022.’

(3) In section 127(3) (disposal of land held by parishes and communities), after ‘(2A)’ insert ‘, (2ZA)’.

(4) The National Health Service Act 2006 is amended in accordance with subsection (5).

(5) After section 211 (acquisition, use and maintenance of property) insert—

211A Disposal of land held by NHS bodies

Any power granted by this Act to an NHS body to dispose of land is exercisable in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022 as if the NHS body were a local authority.’

(6) Subject to subsection (8), a disposal of land is in accordance with this section if it is in accordance with the Local Government Act 1972 General Disposal Consent (England) 2003 published in Department for Communities and Local Government Circular 06/03, as amended by subsection (7).

(7) Those amendments to the Local Government Act 1972 General Disposal Consent (England) 2003 are—

(a) after paragraph 1 insert—

‘(1A) This consent also applies to any NHS body in England as if it were

a local authority in accordance with section 211A of the National

Health Service Act 2006;’;

(b) in paragraph 2(b), for ‘£2,000,000 (two million pounds)’ substitute ‘£3,000,000 (three million pounds) or 40% of the unrestricted market value, whichever is greater’;

(c) for paragraph 3(1)(vii) substitute—

‘(viii) a Police and Crime Commissioner established under the Police Reform and Social Responsibility Act 2011;’;

(d) for paragraph 3(1)(ix) substitute—

‘(ix) the Mayor’s Office for Policing and Crime;’;

(e) for paragraph 3(1)(x) substitute—

‘(x) the London Fire Commissioner;’;

(f) after paragraph 3(1)(xii) insert—

‘(xiii) a combined authority;

(xiv) a mayoral combined authority;

(xv) the Greater London Authority;

(xvi) any successor body established by or under an Act of Parliament to any body listed in this subparagraph.’

(8) The Secretary of State may, to reflect inflation, further amend the cash value that the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal must not exceed.”This new clause would bring an amended and updated version of the Local Government Act 1972 General Disposal Consent (England) 2003 into primary legislation, extends its application to NHS bodies and clarifies that the Consent applies to Police and Crime Commissioners, MOPAC and the London Fire Commissioner.

New clause 8—National Parks purposes

(1) Section 5 of the National Parks and Access to the Countryside Act 1949 is amended in so far as it applies to England as follows.

(2) For section 5(1) substitute—

‘(1) The provisions of this Part of this Act shall have effect for the purpose—

(a) of restoring, conserving and enhancing the—

(i) biodiversity and the natural environment;

(ii) natural beauty; and

(iii) cultural heritage

of the areas specified in the next following subsection; and

(b) of providing equal opportunities for all parts of society to

improve their connection to biodiversity and the natural

environment, natural beauty and cultural heritage of those areas

and the enjoyment of their special qualities.’

(3) For section 5(2) substitute—

‘(2) The said areas are those extensive tracts of country in England which it appears to Natural England that by reason of—

(a) their biodiversity and natural environment, natural beauty and cultural heritage; and

(b) the opportunities they afford for providing equal opportunities for all parts of society to improve their connection to biodiversity and the natural environment, natural beauty and cultural heritage of those areas and the enjoyment of their special qualities, having regard both to their character and to their position in relation to centres of population,

it is especially desirable that the necessary measures shall be taken for the purposes mentioned in the last foregoing subsection.’

(4) Omit section 5(2A).

(5) After subsection (3) insert—

‘(4) In subsection (1) above—

“biodiversity” has the meaning given to the term “biological diversity” by Article 2 of the United Nations Environmental Programme Convention on Biological Diversity of 1992;

“natural environment” has the meaning given by section 44 of the Environment Act 2021;

“natural beauty” has the meaning given by section 114(2) of this Act;

“cultural heritage” means any building, structure, other feature of the natural or built environment or site, which is of historic, architectural, archaeological or artistic interest.’

(6) The amendments made by subsections (1) to (5) above are without prejudice to the continuing validity of any designation of an area as a National Park under subsection (3) of that section.”

This new clause will amend the statutory purposes of National Parks to make it clearer that National Parks should actively recover nature and improve people’s connection with nature, as recommended by the Glover Review. Part (3) amends the criteria for designating new National Parks in line with the updated purposes.

New clause 9—Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated

“(1) Section 11A (Duty of certain bodies and persons to have regard to the purposes for which National Parks are designed) of the National Parks and Access to the Countryside Act 1949 is amended in so far as it applies to England as follows.

(2) After subsection (1) insert—

‘(1A) A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section 5 of this Act, shall seek to promote climate change mitigation and adaptation, in particular through policies and projects that restore, conserve and enhance biodiversity and the natural environment while also reducing, or increasing the removal of, greenhouse gas emissions or supporting climate adaptation.’

(3) For subsection (2) substitute—

‘(2) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, any relevant authority must further the purposes specified in subsection (1) of section 5 of this Act and, if it appears that there is a conflict between paragraphs (a) and (b) of that subsection, shall attach greater weight to the purpose of restoring, conserving and enhancing the natural environment and biodiversity, natural beauty and cultural heritage of the area comprised in the National Park.’”

This new clause implements two recommendations from the Glover Review, to give National Park authorities a new duty to address climate change and to strengthen the existing duty on public bodies to “further” National Park purposes.

New clause 10—National Park Management Plans

“(1) Section 66 (National Park Management Plans) of the Environment Act 1995 is amended in so far as it applies to England as follows.

(2) After subsection (1) insert—

‘(1A) A National Park Management Plan must include targets and actions to be achieved before the review of the plan under subsection (4) by the National Park authority and other relevant authorities that are exercising or performing any functions in relation to, or so as to affect, land in the National Park.

(1B) The targets and actions must include those that will contribute to—

(a) the furthering of the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949;

(b) the achievement of targets as may be set under

(i) sections 1 to 7 of the Environment Act 2021;

(ii) environmental improvement plans prepared under sections 8 to 15 of that Act; and

(iii) the Climate Change Act 2008 for the protection of the climate, including in respect of the mitigation of, and adaptation to, climate change; and

(c) the implementation of any local nature recovery strategies for an area within the National Park prepared under sections 104 to 107 of the Environment Act 2021.

(1C) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, a relevant authority must—

(a) in the case of a relevant authority other than a National Park authority, assist with the preparation of the National Park Management Plan by providing to the National Park authority a list of the actions that the relevant authority will take reasonable steps to undertake over the 5 years of the Plan to further the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949;

(b) take reasonable steps to undertake those actions within that period; and

(c) in the case of a relevant authority other than a National Park authority, at least six months prior to the commencement of the review of the National Park Management Plan, provide to the National Park authority the details of the actions that the relevant authority has undertaken during the period to which the Plan relates.

(1D) For the purposes of (1A) and (1B) “relevant authority” has the same meaning as in section 11A(3) of the National Parks and Access to the Countryside Act 1949.’

(3) After subsection (4) insert—

‘(4A) At least three months prior to the commencement of a review under subsection (4) a National Park authority must publish a report setting out, in particular, details of—

(a) targets and actions in the National Park Management Plan that have been achieved;

(b) targets and actions that have not been achieved;

(c) targets and actions that the National Park authority is not yet able to determine whether they have been achieved, the reasons for that and the steps the National Park authority or any other relevant authority intends to take in order to determine whether the target or action has been achieved, and, in respect of (b), the reasons why a target or action has not been achieved and the steps the National Park authority or any other relevant authority has taken, or intends to take, to ensure the target or action is achieved as soon as reasonably practicable.

(4B) Within three months of the publication of the report prepared in accordance with subsection (4A) Natural England must provide and publish advice to the National Park authority and any relevant authority as it sees fit, in relation to the National Park Management Plan that is to be reviewed, on—

(a) the extent to which and reasons why any targets in that Plan have not been met;

(b) actions that should be taken by the National Park authority or any relevant authority to ensure that the target is achieved as soon as possible; and

(c) targets to be set in the revised plan.

(4C) Advice given under (4B) must also contain the reasons for that advice.

(4D) It shall be the duty of a National Park authority and any relevant authority to follow the advice given under subsection (4B) unless it appears unreasonable to do so, in which case the National Park authority or relevant authority must publish a statement giving reasons why it is not following that advice.

(4E) At the same time as the publication of a report under paragraph (c) of subsection (6), a National Park authority must publish a report on its response to the advice given under (4B) and any actions taken by the National Park authority or any other relevant authority as a result of the advice given under paragraph (b) of subsection (4B).’

(4) For subsection (7) substitute—

‘(7) A National Park authority which is proposing to publish, adopt or review any plan under this section must publish notice of the proposal and a copy of the plan, together (where appropriate) with any proposed amendments of the plan and consult—

(a) every principal council and corporate joint committee whose area is wholly or partly comprised in the relevant Park;

(b) Natural England;

(c) the Environment Agency;

(d) any other relevant authority that is exercising or performing any functions in relation to, or so as to affect, land in a National Park; and

(e) the general public.’

(5) After subsection (7) insert—

‘(7A) A National Park authority must take into consideration any observations made by any of the persons consulted under subsection (7).’

(6) After subsection (8) insert—

‘(8A) Any plan which a National Park authority publishes, adopts or amends following a review under this section shall not be made operational until it is approved in writing by the Secretary of State on advice from Natural England.’

(7) After section 66 insert—

‘66A Guidance on the preparation of National Park Management Plans: England

(1) Natural England must issue guidance to National Park authorities on the preparation, content and implementation of National Park Management Plans.

(2) Guidance must be—

(a) published by Natural England in such manner as Natural England sees fit;

(b) kept under review; and

(c) revised where Natural England considers it appropriate.

(3) A National Park authority must have regard to the guidance when preparing and implementing a National Park Management Plan.

66B Annual reports on the implementation of National Park Management Plans: England

(1) As soon as practicable after the end of each financial year, a National Park authority in England must prepare a report on the implementation of the current National Park Management Plan during that year and send a copy of the report to the Secretary of State and Natural England.

(2) The report must include an assessment of—

(a) the progress that has been made during the financial year in achieving the targets and actions set out in the National Park Management Plan;

(b) the further progress that is needed to achieve those targets and actions and the steps the National Park authority or any other relevant authority will take to ensure the target or action is achieved before the next review of the Plan under subsection (4) of section 66; and

(c) whether those targets and actions are likely to be achieved before the next review of the Plan under subsection (4) of section 66.

(3) A relevant authority other than a National Park authority that is exercising or performing any functions in relation to, or so as to affect, land in a National Park in England must contribute to the report by providing to the National Park authority the details of the actions that the relevant authority has undertaken to further the purposes of the National Park specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949 during the financial year to which the report relates.

(4) The Secretary of State must lay a copy of the report before Parliament and publish the report.

(5) “Relevant authority” has the same meaning as in section 11A(3) of the National Parks and Access to the Countryside Act 1949.

66C Duty to provide advice or other assistance on request: England

Natural England must, at the request of a National Park authority or other relevant authority, provide advice, analysis, information or other assistance to the authority in connection with—

(a) the authority's functions under this or any other Act; and

(b) the progress made towards meeting the targets and actions included in a National Park Management Plan.

66D Strategic priorities and objectives for National Parks: England

(1) Within six months of the entering into force of this section, the Secretary of State must publish a statement setting out strategic priorities and objectives for National Park authorities and relevant authorities in carrying out relevant functions.

(2) National Park authorities and relevant authorities must carry out those functions in accordance with any statement published under this section.

(3) In formulating a statement under this section, the Secretary of State must further the purposes in section 5 of the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”).

(4) Before publishing a statement under this section, the Secretary of State must consult—

(a) National Park authorities;

(b) Natural England; and

(c) such relevant authorities as the Secretary of State thinks appropriate.

(5) Before publishing a statement under this section the Secretary of State must—

(a) lay a draft of the statement before Parliament; and

(b) then wait until the end of the 40-day period.

(6) The Secretary of State may not publish the final statement under this section if, within the 40-day period, either House of Parliament resolves not to approve it.

(7) “The 40-day period” means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).

(8) When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(9) The Secretary of State shall, in accordance with this section, publish a revised statement no later than five years after the publication of each statement.

(10) In this section—

“relevant authorities” shall have the same meaning as in section 11A of the 1949 Act; and

“relevant functions” means, for National Park authorities, the functions mentioned in Part III of this Act and, for relevant authorities, those functions mentioned in section 11A(2) of the 1949 Act.’”

This new clause would implement the recommendation of the Glover Review that National Park Management Plans should contain targets, priorities and actions to deliver the purposes of National Parks. It would also require National Park authorities and other public bodies to set out what steps they will take to achieve those targets, priorities and actions.

New clause 11—National Park Authorities

“(1) Schedule 7 to the Environment Act 1995 is amended in so far as it applies to England as follows.

(2) In paragraph 1(3) after “must” insert “not”.

(3) In paragraph 2(3)(c) omit “only at the request of that council”.

(4) After paragraph 2(4) insert—

“(4A) In appointing local authority members of a National Park authority, a principal council must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.”

(5) After paragraph 3(2) insert—

“(2A) In appointing parish members of a National Park authority the Secretary of State must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.”

(6) After paragraph 4(1) insert—

“(1A) In appointing members of a National Park authority the Secretary of State must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.””

This new clause would allow the Secretary of State to amend secondary legislation to increase the proportion of National Park authority members who are nationally appointed, on the basis of their skills and experience. It would also require that consideration is given to ensuring members have relevant experience.

New clause 12—Requirements to encourage the development of small sites

“(1) In respect of a development where the conditions in subsection (2) are satisfied, local authorities must support opportunities to bring forward sites and apply a presumption in favour of development.

(2) The conditions are that—

(a) the site is less than 0.25 hectares in area, and

(b) the site contains over 60% affordable housing.

(3) In this section, “affordable housing” has the same meaning as in Annex 2 of the NPPF.”

This new clause would provide for a presumption in favour of development for affordable-led small sites and encourage councils to bring forward small sites for development.

New clause 13—Duty of regard to the right to nature

“(1) It is the duty of public authorities when exercising their functions under this Act to have special regard to the right to nature.

(2) For the purposes of subsection (1), the “right to nature” means the right to a clean, healthy and sustainable environment.

(3) Contributing to providing and maintaining a clean, healthy and sustainable environment includes increasing access to natural spaces and reducing geographical inequalities in this access.”

This new clause would create a right to a clean, healthy and sustainable environment, and require authorities to increase access to nature and to ensure access is equitably distributed across different communities.

New clause 14—FloodRe Build Back Better scheme participation

“(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies participate in the FloodRe Build Back Better scheme to reimburse flood victims for costs of domestic flood resilience and prevention measures.

(2) In making those rules the Financial Conduct Authority must have regard to its operation objectives to—

(a) protect consumers, and

(b) promote competition.”

This new clause would require the Financial Conduct Authority to make rules requiring insurance companies to participate in the currently voluntary Build Back Better scheme, which was launched by FloodRe in April 2022.

New clause 15—Minimum requirements for flood mitigation and protection

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of 5 the Building Act 1984 to make building regulations for the purpose in subsection (2).

(2) That purpose is to set minimum standards for new build public and private properties in England for—

(a) property flood resilience,

(b) flood mitigation, and

(c) waste management in connection with flooding.”

This new clause would require the Government to set minimum standards for flood resilience, flood mitigation and flood waste management in building regulations.

New clause 16—Duty to make flooding data available

“(1) The Secretary of State and local authorities in England must take all reasonable steps to make data about flood prevention and risk publicly available

(2) The duty under subsection (1) extends to seeking to facilitate use of the data by—

(a) insurers for the purpose of accurately assessing risk, and

(b) individual property owners for the purpose of assessing the need for property flood resilience measures.”

This new clause would place a duty on the Government and local authorities to make data about flood prevention and risk available for the purpose of assisting insurers and property owners.

New clause 17—Flood prevention and mitigation certification and accreditation schemes

“(1) The Secretary of State must by regulations establish—

(a) a certification scheme for improvements to domestic and commercial properties in England made in full or in part for flood prevention or flood mitigation purposes, and

(b) an accreditation scheme for installers of such improvements.

(2) The scheme under subsection (1)(a) must—

(a) set minimum standards for the improvements, including that they are made by a person accredited under subsection (1)(b), and

(b) provide for the issuance of certificates stating that improvements to properties have met those standards.

(3) The scheme under subsection (1)(a) may make provision for the certification of improvements that were made before the establishment of the scheme provided those improvements meet the minimum standards in subsection (2)(a).

(4) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) A draft statutory instrument containing regulations under this section must be laid before Parliament before the end of the period of six months beginning with the day on which this Act comes into force.”

This new clause would require the Government to establish a certification scheme for improvements to domestic and commercial properties in England made for flood prevention or flood mitigation purposes and an accreditation scheme for installers of such improvements.

New clause 18—Insurance premiums

“(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies to take into account the matters in subsection (2) when calculating insurance premiums relating to residential and commercial properties.

(2) Those matters are—

(a) that certified improvements have been made to a property under section [flood prevention and mitigation certification and accreditation schemes], or

(b) that measures that were in full or in part for the purposes of flood prevention or mitigation have been taken in relation to the property that were requirements of the local planning authority for planning permission purposes.”

This new clause would require the Financial Conduct Authority to make rules requiring insurance companies to take into account flood prevention or mitigation improvements that are either certified or planning permission requirements in setting insurance premiums.

New clause 19—Flood Reinsurance scheme eligibility

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed—

(a) establish a new Flood Reinsurance scheme under section 64 of the Water Act 2014 which is in accordance with subsection (2), and

(b) lay before Parliament a draft statutory instrument containing regulations under that section to designate that scheme.

(2) A new Flood Reinsurance scheme is in accordance with this section if it extends eligibility to—

(a) premises built on or after 1 January 2009 which have property flood resilience measures that meet the standard under section [minimum requirements for flood mitigation and protection](2)(a), and

(b) buildings insurance for small and medium-sized enterprise premises.

(3) The Secretary of State may by regulations require public bodies to share business rates information with the scheme established under subsection (1)(a) for purposes connected with the scheme.

(4) The Water Act 2014 is amended in accordance with subsections (5) to (9).

(5) In section 64 (the Flood Reinsurance scheme), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.

(6) In section 67 (scheme administration), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.

(7) After section 69 (disclosure of HMRC council tax information) insert—

“(69A) Disclosure of business rates information

(1) The Secretary of State may by regulations require public bodies to disclose information relating to business rates to any person who requires that information for either of the following descriptions of purposes—

(a) purposes connected with such scheme as may be established and designated in accordance with section 64 (in any case arising before any scheme is so designated);

(b) purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with section 64).

(2) A person to whom information is disclosed under regulations made under subsection (1)(a) or (b)—

(a) may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;

(b) may not further disclose the information except in accordance with those regulations.”

(8) In section 82(5) (interpretation)—

(a) for “69” substitute “69A”;

(b) after “household premises” insert “small and medium-sized enterprise premises”.

(9) In section 84(6) (regulations and orders), after paragraph (e) insert—

“(ea) regulations under section 69A (disclosure of business rates information),”.”

This new clause would require the Government to extend the FloodRe scheme to premises built since 2009 that have property flood resilience measures that meet minimum standards and buildings insurance for small and medium-sized enterprise premises.

New clause 20—Strengthening local powers on new home standards, affordable housing and bus services

“(1) The Secretary of State must make Building Regulations under section 1 of the Building Act 1984 providing that new homes in England must meet the full requirements of the Future Homes Standard from 1 January 2023.

(2) A local authority in England may choose to require and enforce minimum carbon compliance standards for new homes in its area which exceed the Future Homes Standard from that date.

(3) Notwithstanding the National Planning Policy Framework, a local planning authority may mandate that any new housing in its area is affordable.

(4) A local planning authority may define “affordable” for the purposes of subsection (3).

(5) Notwithstanding section 66 of the Transport Act 1985, a local authority in England shall have power to provide a service for the carriage of passengers by road which requires a PSV operator’s licence.”

This new clause would bring forward the date for which the Future Homes Standard for carbon compliance of new homes would apply and give local authorities the option of imposing higher standards locally; it would enable local authorities to mandate that new housing under their jurisdiction is affordable and confer new powers on local authorities to run their own bus services.

New clause 40—Requirement to hold a referendum on fracking applications

“(1) This section applies to any planning application for the purposes of, or in connection with, hydraulic fracturing.

(2) The local planning authority may not approve an application to which this section applies unless it has been approved by a referendum in accordance with subsection (3).

(3) A referendum is in accordance with this subsection if—

(a) it is a poll of all local authority electors resident in the license area or the impact zone of the proposed hydraulic fracturing site; and

(b) it is approved by the majority of such electors who vote in the referendum.

(4) The Secretary of State may, by regulations, make further provision about the conduct of referendums under subsection (3).

(5) In making regulations under subsection (4) the Secretary of State must have regard to the provisions of the Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014).

(6) The total referendum expenses incurred must be paid in full by the planning applicant.”

New clause 43—Planning permission required for use of dwelling as second home

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 55 (meaning of “development” and “new development”), after subsection (3)(a) insert—

“(aa) the use of a dwelling as a second home following a change in ownership involves a material change in the use of the building (whether or not it was previously used as a second home);”.”

This new clause would mean planning permission would be required for a dwelling to be used as a second home following a change of ownership.

New clause 44—Local authorities to be permitted to require that new housing in National Parks and AONB is affordable

“(1) Notwithstanding the National Planning Policy Framework, a local planning authority may mandate that any new housing in its area that is within—

(a) a National Park, or

(b) an Area of Outstanding Natural Beauty

is affordable.

(2) A local planning authority may define “affordable” for the purposes of subsection (1).”

This new clause would enable local authorities to mandate that new housing under their jurisdiction and within a National Park or an Area of Outstanding Natural Beauty is affordable, and to define “affordable” for that purpose.

New clause 47—Disability accessibility standards for railway stations

“(1) The Secretary of State must take all reasonable steps to ensure that railway stations in England—

(a) provide step-free access from street to train, and

(b) meet in full and as soon as possible the disability access standards in the Design Standards for Accessible Railway Stations Code of Practice published by the Department for Transport and Transport Scotland in March 2015.

(2) Any requirements made in conjunction with that duty may not make any exemptions or concessions for small or remote stations.

(3) In undertaking the duty in subsection (1) the Secretary of State may—

(a) make an application to the Office of Rail and Road under section 16A (provision, improvement and development of railway facilities) of the Railways Act 1993;

(b) revise the code of practice under section 71B (code of practice for protection of interests of rail users who are disabled) of the Railways Act 1993;

(c) amend the contractual conditions of any licenced railway operator;

(d) instruct Network Rail to take any action the Secretary of State considers necessary in connection to the duty.

(4) The Secretary of State must report annually to Parliament on performance against the duty.”

This new clause places a duty on the Secretary of State to ensure that railway stations meet disability access standards.

New clause 72—Super-affirmative procedure for EOR regulations made under Part 5

“(1) If the Secretary of State proposes to make EOR regulations which fall under section 195(5), the Secretary of State must lay before Parliament a document that—

(a) explains the proposal, and

(b) sets it out in the form of draft EOR regulations.

(2) During the period of 60 days beginning with the day on which the document was laid under subsection (1) (“the 60-day period”), the Secretary of State may not lay before Parliament draft regulations to give effect to the proposal (with or without modifications).

(3) In preparing draft regulations under this Part to give effect to the proposal, the Secretary of State must have regard to any of the following that are made with regard to the draft regulations during the 60-day period—

(a) any representations, and

(b) any recommendations of a committee of either House of Parliament

charged with reporting on the draft regulations.

(4) When laying before Parliament draft regulations to give effect to the proposal (with or without modifications), the Secretary of State must also lay a document that explains any changes made to the proposal contained in the document laid before Parliament under subsection (1).

(5) In calculating the 60-day period, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than 4 days.”

This new clause would require EOR regulations made under Part 5 to be subject to the super-affirmative procedure.

New clause 73—National development management policy

“(1) A national development management policy must not include any provision that—

(a) requires any housing to be built on the green belt; or

(b) encourages the building of housing on the green belt.

(2) For the purpose of this section, “the green belt” means any land designated as green belt by a local planning authority.”

This new clause would ensure that the government cannot use national development management policies to allow housing to be built on green belt land.

New clause 80—Prohibition of onshore developments for purposes of oil and gas searching, boring and extraction

“(1) The Petroleum Act 1988 is amended in accordance with subsection (2).

(2) In section 3 (licences to search and bore for and get petroleum), after subsection (2) insert—

“(2A) But the appropriate authority may not issue any new such onshore licence after the day on which the Levelling-up and Regeneration Act 2023 is passed.

(2B) The prohibition in subsection (2A) includes licences or consents relating to hydraulic fracturing.”

(3) A planning authority or Secretary of State may not grant planning permission to any proposed development for the purposes of searching for, boring for or getting petroleum.

(4) This section comes into force on the day on which this Act is passed.”

This new clause would prevent planning authorities or the Secretary of State from granting planning permission to any new onshore oil or gas developments, including hydraulic fracturing.

New clause 81—Prohibition of development for the purpose of coal-mining

“(1) The Coal Industry Act 1994 is amended in accordance with subsection (2).

(2) In section 26 (Grant of licences), after subsection (2) insert—

“(2A) But the appropriate authority may not issue any new such licence after the day on which the Levelling-up and Regeneration Act 2023 is passed.

(2B) The prohibition in subsection (2A) includes licences or consents relating to—

(a) any new coal mine; and

(b) the expansion of, or extension to, any existing coal mine (including time-extension applications).”

(3) A minerals planning authority must not grant planning permission to any proposed development for the purposes of coal-mining operations.

(4) A minerals planning authority must not grant any extension of existing planning permission to any development for the purposes of coal-mining operations.

(5) This section comes into force on the day on which this Act is passed.”

New clause 83—Industrial support reporting

“(1) The Secretary of State must prepare annual reports on—

(a) the rates of the matters in subsection (2), and

(b) the extent to which the fiscal and regulatory framework supports growth in those matters in areas with rates of poverty, unemployment or economic inactivity above the national average.

(2) The matters are—

(a) new factory openings,

(b) investment in new factory equipment,

(c) the introduction of tailored skills-acquisition programmes, and

(d) the creation of manufacturing jobs.

(3) The first such report must be laid before Parliament before the end of 2023.

(4) A further such report must be laid before Parliament in each subsequent calendar year.”

This new clause would require the Secretary of State to report annually to Parliament on the rates of, and the extent to which the fiscal and regulatory framework supports, new factory openings, investment in new factory equipment, introduction of tailored skills-acquisition programmes and creation of manufacturing jobs in areas with rates of poverty, unemployment or economic inactivity above the national average.

New clause 85—Wildbelt

“(1) Local planning authorities should maintain a register of wildbelt land in their local areas (see section 106(c) of the Environment Act 2021).

(2) Wildbelt land must be recognised in Local Plans based on areas identified in the Local Nature Recovery Strategy.

(3) Local planning authorities must act in accordance with Local Nature Recovery Strategy wildbelt designations in the exercise of relevant functions, including land use planning and planning decisions.

(4) Wildbelt land should not be subject to land use change that hinders the recovery of nature in these areas.”

This new clause would secure a land designation in England that provides protection for sites being managed for nature’s recovery, identified through the Local Nature Recovery Strategies created by the Environment Act. Sites designated as wildbelt in Local Plans would be subject to only moderate controls, precluding development but allowing farming and other land uses which do not hinder the recovery of nature.

New clause 86—Wildbelt & the Environment Act

“In section 106(5) of the Environment Act 2021, after paragraph (b) insert—

“(c) any sites identified as having potential for nature’s recovery, to be known as wildbelt sites;””

New clause 87—Energy efficiency measures in listed buildings

“(1) The Secretary of State must make regulations about the use of energy efficiency measures in residential listed buildings.

(2) The aim of the regulations must be to make it easier for owners of residential listed buildings to improve the energy efficiency of those buildings.

(3) The regulations may impose any requirement upon Historic England that the Secretary of State considers necessary in order to achieve the aim in subsection (2).

(4) In this section, “energy efficiency measures” include—

(a) the installation of heat pumps; and

(b) any measure aimed at improving the energy efficiency rating of a property.”

New clause 88—New Permitted Development Right

“(1) The Secretary of State must, by regulations, create a new permitted development right to allow existing residential buildings to be redeveloped without further planning consent if—

(a) the building is in an urban area,

(b) the local authority has issued one or more design codes for the area in which the building is situated, and the redevelopment complies with it,

(c) the building is not a listed building or subject to other heritage protections, and

(d) the redevelopment complies with all relevant building safety regulations.

(2) Subsection (1) comes into force after a period of six months beginning on the day on which this Act is passed.

(3) A local planning authority must issue one or more design codes for residential buildings in all urban areas within their boundaries within six months of the passage of this Act.”

This new clause would create simplified residential planning permission for homes in towns and cities which comply with designs that have been pre-approved by their Local Authority.

New clause 89—Peat Extraction: no compensation for alteration of planning permissions

“(1) Section 107 of the Town and Country Planning Act 1990 is amended as follows.

(2) After subsection (5), insert—

“(6) From 1 January 2024, this section does not apply to permissions relating to the extraction of peat.””

This new clause removes a barrier that prevents Mineral Planning Authorities taking action to bring to an end the extraction of peat within England. It is timed to coincide with the expected legal ban on the sale of peat and peat containing products in England and Wales.

New clause 92—Chief Planning Officers

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) After section 1 insert—

“1A Planning authorities: chief planning officer

(1) Each planning authority must have a chief planning officer.

(2) The role of an authority’s chief planning officer is to advise the authority about the carrying out of—

(a) the functions conferred on them by virtue of the planning Acts, and

(b) any function conferred on them by any other enactment, insofar as the function relate to development.

(3) The Secretary of State must issue guidance to planning authorities concerning the role of an authority’s chief planning officer.

(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.

(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Secretary of State.””

This new clause would place a duty on local planning authorities to appoint a Chief Planning Officer to perform planning functions and requires them to appoint sufficiently qualified persons to perform them with regard to guidance from the Secretary of State.

New clause 94—Vacant higher value local authority housing

“(1) The Housing and Planning Act 2016 is amended as follows.

(2) Leave out Chapter 2 of Part 4 (Vacant higher value local authority housing).”

This new clause would implement the decision set out in the 2018 social housing green paper to not require local authorities to make a payment in respect of their vacant higher value council homes as provided for by the Housing and Planning Act 2016.

New clause 95—Review of Permitted Development Rights

“(1) The Secretary of State must establish a review of permitted development rights under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

(2) The review should include an assessment of—

(a) the past effectiveness of permitted development rights in achieving housing targets;

(b) the quality of housing delivered under permitted development rights;

(c) the impacts of permitted development on heritage, conservation areas and setting;

(d) the estimated carbon impact of the use of permitted development rights since the expansion of permitted development to demolition;

(e) the relative cost to local planning authorities of processing permitted development compared to full planning consents;

(f) potential conflict between existing permitted development rights and the application of national development management policies;

(g) the impact of permitted development rights, or other policies in this Bill designed to deliver streamlined consent, on the efficacy of levelling-up missions.

(3) The Secretary of State must publish a report of the recommendations made by this review no later than twelve months after this Act comes into force.”

This new clause would commit the government to carrying out a comprehensive review of permitted development rights within 12 months of the Bill securing Royal Assent.

New clause 96—Local authority planning committee meetings

“(1) The Secretary of State must by regulations make provision relating to—

(a) requirements to hold local authority planning committee meetings;

(b) the times at or by which, periods within which, or frequency with which, local authority planning committee meetings are to be held;

(c) the places at which local authority planning committee meetings are to be held;

(d) the manner in which persons may attend, speak at, vote in, or otherwise participate in, local authority planning committee meetings;

(e) public admission and access to local authority planning committee meetings;

(f) the places at which, and manner in which, documents relating to local authority planning committee meetings are to be open to inspection by, or otherwise available to, members of the public.

(2) The provision which must be made by virtue of subsection (1)(d) includes in particular provision for persons to attend, speak at, vote in, or otherwise participate in, local authority planning committee meetings without all of the persons, or without any of the persons, being together in the same place.”

This new clause would allow local authorities to hold planning committee meetings and reach planning decisions virtually or in a hybrid form.

New clause 97—Chief Planning Officers

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) After section 1 insert—

“1A Planning authorities: chief planning officer

(1) Each planning authority must have a chief planning officer.

(2) The role of an authority’s chief planning officer is to advise the authority about the carrying out of—

(a) the functions conferred on them by virtue of the planning Acts, and

(b) any function conferred on them by any other enactment, insofar as the function relate to development.

(3) The Secretary of State must issue guidance to planning authorities concerning the role of an authority’s chief planning officer.

(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.

(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Secretary of State.””

This new clause would place a duty on local planning authorities to appoint a Chief Planning Officer to perform planning functions and requires them to appoint sufficiently qualified persons to perform them with regard to guidance from the Secretary of State.

New clause 98—Duty with regard to climate change

“(1) The Secretary of State must have special regard to achieving the mitigation of and adaptation to climate change when preparing—

(a) national policy or advice relating to the development or use of land,

(b) a development management policy pursuant to section 38ZA of the PCPA 2004.

(2) The Secretary of State must aim to ensure consistency with achieving the mitigation of and adaptation to climate change when exercising a relevant function under a planning enactment.

(3) A relevant planning authority when—

(a) exercising a planning function must have special regard to, and aim to ensure consistency with, achieving the mitigation of and adaptation to climate change, and

(b) making a planning decision must aim to ensure the decision is consistent with achieving the mitigation of and adaptation to climate change.

(4) For the purposes of subsection (3), a relevant planning authority is as set out in section 81 (a) and (b) and (d) to (j).

(5) For the purposes of subsection (2) a relevant function is a function that relates to the development or use of land.

(6) For the purposes of subsection (3) a planning function is the preparation of—

(a) a spatial development strategy;

(b) a local plan;

(c) a minerals and waste plan;

(d) a supplementary plan; or

(e) any other policy or plan that will be used to inform a planning decision.

(7) For the purposes of subsections (3) and (6) a planning decision is a decision relating to—

(a) the development or use of land arising from an application for planning permission;

(b) the making of a development order; or

(c) an authorisation pursuant to a development order.

(8) In relation to neighbourhood planning, a qualifying body preparing a draft neighbourhood plan or development order must have special regard to achieving the mitigation of and adaptation to climate change.

(9) For the purposes of this section, achieving the mitigation of climate change shall include the achievement of—

(a) the target for 2050 set out in section 1 of the Climate Change Act 2008, and

(b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.

(10) For the purposes of this section, achieving adaptation to climate change shall include the achievement of long-term resilience to climate-related risks, including—

(a) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and

(b) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.”

This new clause would place an overarching duty on the Secretary of State, local planning authorities and those involved in neighbourhood plan-making to achieve the mitigation and adaptation of climate change when preparing plans and policies or exercising their functions in planning decision-making.

New clause 99—Permitted development: temporary use of land

“(1) Section 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 is amended in accordance with subsection (2).

(2) After subsection (6) insert—

“(6A) Where the proposed use of any land is to operate a commercial helicopter service—

(a) the local planning authority must be notified of the date the site will be used for this purpose, and

(b) the site must be approved for use for this purpose by the local planning authority.””

New clause 100—Planning Application Fees

“(1) Section 303 of the Town and Country Planning Act 1990 (Fees for planning applications etc.) is amended as follows.

(2) After subsection (4) insert—

“(4A) A local planning authority may make provision as to how a fee or charge under this section is to be calculated (including who is to make the calculation).””

This new clause would allow local authorities to set the fees for planning applications, in order that the cost of determining an application is reflected by the fee charged.

New clause 101—Greenbelt protection in the NPPF

“(1) The Secretary of State must ensure that the National Planning Policy Framework (NPPF) is in accordance with subsection (2).

(2) The NPPF must provide that when considering any planning application in the greenbelt, unmet housing need does not constitute very special circumstances.”

This new clause would ensure that unmet housing need cannot constitute a very special circumstance when assessing harm caused by development on the greenbelt, to align with the Written Statement HCWS423 of 17 December 2015. This would, for example, enable a local planning authority to refuse an inappropriate speculative development in the absence of a local plan.

New clause 102—Calculation of housing need

“(1) The Secretary of State must, by regulations, make provision requiring local planning authorities to use the most recently published ONS household projections when preparing their local plans.

(2) The NPPF must provide that when considering any planning application, unmet housing need is calculated using the most recent ONS household projections.”

This new clause would end the mandatory use of outdated 2014 ONS household projection figures when calculating unmet housing need using the standard method.

New clause 103—Onshore wind in the National Planning Policy Framework

“(1) The Secretary of State must ensure that the National Planning Policy Framework (NPPF) is in accordance with subsection (2).

(2) The NPPF must not contain a presumption against a proposed wind energy development involving one or more turbines.”

This new clause would remove the presumption against onshore wind turbines, which is currently prevented in all cases by the inclusion of Footnote 54 in the NPPF.

New clause 104—Deliberative democracy: local planning

“(1) Before the preparation of any development or outline plan the local planning authority must undertake a process of deliberative democracy which involving the community to set—

(a) the balance of economic, environmental, infrastructure and special plans,

(b) the type of housing to be delivered,

(c) the infrastructure that is required to be hosted,

(d) the type of economic space, and

(e) environmental considerations, including making sites sustainable.

(2) A process of deliberative democracy under this section must—

(a) invite all residents of the local authority area to apply to be a representative in the deliberative democracy process,

(b) include measures to try to ensure that there will be a diverse representation of that community in the process, and

(c) provide for a forum of representatives that—

(i) will determine its terms of terms of reference, number of meetings and agenda at its first meeting, and

(ii) will produce a report from the deliberative democracy process.

(3) A report under subsection (2)(c)(ii) may determine the scope of development on a site.”

This new clause would introduce a deliberative democracy forum comprised of members of the public prior to the formation of a new development plan or outline plan.

New clause 105—Nature restoration duty

“(1) It is the duty of relevant Ministers to identify of and maintain a network of sites for the purposes of restoring and protecting the natural environment in local areas.

(2) By 2030 and thereafter, the network must include at least 30% of land in England that is protected, monitored and managed as a "protected site" or other effective area-based conservation measures for the protection and restoration of biodiversity.

(3) For the purposes of subsection (2), "protected site” means a site that satisfies the following conditions—

(a) habitats, species and other significant features of the natural environment with biodiversity value within the site are strictly protected from direct and indirect harm;

(b) management and monitoring provisions are made to ensure that habitats, species and other significant features of the natural environment with biodiversity value within the site are restored to and maintained at favourable condition and are subject to continuing improvement; and

(c) provision is made to ensure that conditions (a) and (b) are met in perpetuity.

(4) In carrying out duties under this section, the Secretary of State must be satisfied that—

(a) any areas of special interest for biodiversity in England as defined in section 28 of the Wildlife and Countryside Act 1981;

(b) all irreplaceable habitats; and

(c) areas identified in Local Nature Recovery Strategies that are protected in the planning system and managed for the recovery of the natural environment have been identified and designated as a protected site.”

This new clause would require relevant Ministers to identify and maintain a network of sites for nature to protect at least 30% of the land in England for nature by 2030. The clause defines the level of protection sites require to qualify for inclusion in the new network and requires key sites for nature to be included within it.

New clause 106—Churches and church land to be registered as assets of community value

“(1) The Assets of Community Value (England) Regulations 2012 (S.I. 2421/2012) are amended as follows.

(2) After regulation 2 (list of assets of community value), insert—

“2A Parish churches and associated glebe land are land of community value and must be listed.””

This new clause would require parish churches and associated glebe land to be listed as assets of community value, meaning communities would have the right to bid on them before any sale.

New clause 107—Licensing scheme: holiday lets

“(1) The Secretary of State must make regulations to require each relevant local authority in England to introduce a local licensing scheme for holiday lets.

(2) Any local licensing scheme introduced pursuant to regulations made under subsection (1) must require any owner of a holiday let to—

(a) obtain any fire, gas and electricity safety certificates as specified by the scheme;

(b) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations;

(c) secure a licence for the holiday let from the local authority prior to trading;

(d) obtain a licence and renew this licence—

(i) every three years,

(ii) when the property changes ownership, or

(iii) when there is a change in the person holding day to day responsibility for the property; and

(e) not let out a property without a valid licence.

(3) A local authority introducing a licensing scheme must—

(a) outline—

(i) the terms and conditions of the licence,

(ii) the application process for securing the licence, and

(iii) the licence renewal process;

(b) determine an annual licence fee for each licensed property;

(c) inspect any property prior to issuing a licence;

(d) require the owner of a short term holiday let to—

(i) apply for and hold a licence to operate for each property they let prior to trading,

(ii) pay a licence application fee and annual charge for the licence,

(iii) renew the licence as required by the local authority under their licensing scheme,

(iv) pay any fines associated with breaches of a licence as laid out in the local licensing scheme,

(v) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations, and

(vi) provide up to date property details including details of who will hold responsibility for the day to day management of the property;

(e) maintain an up to date list of all licensed short term holiday let properties within the local authority area to include—

(i) the address of the property,

(ii) whether this is a shared property occupied by the owner or a separate let,

(iii) how many people are eligible to stay at the property, and

(iv) how many days of the year that the property will be advertised for letting and be let;

(f) inspect the property following a report from the public of an issue of concern relating to the property or to any other property owned by the same person;

(g) monitor compliance with the licensing scheme;

(h) publish an annual report on the number and location of licences including the number and location of licences in each ward and their impact on local residential housing supply and details of any breaches reported and fines issued; and

(i) provide residents adjacent to the short term holiday let contact details of their enforcement officer should they experience any issue at the property.

(4) A licensing scheme must allow the local authority to—

(a) set out details of any area where the granting or renewal of licences will be banned, suspended or limited;

(b) set limits and or thresholds on the level of the licencing permitted in any area;

(c) require property owners to renew their licences every three years, or when a property changes in ownership;

(d) issue fines or remove a licence of a property if—

(i) fire, health and safety conditions are breached,

(ii) criminal activity occurs at the property, or

(iii) excess noise and nuisance or anti-social behaviour rules as set out in the licensing conditions are repeatedly breached, or

(iv) the registered owner or the person listed as holding responsibility for the property has had licences on other properties removed; and

(e) issue penalties or licensing bans on those renting properties without a licence.

(5) In this section—

an

“area” may be—

(a) a polling district;

(b) a ward; or

(c) the whole local authority area;

“holiday let” means—

(a) a dwelling-house let for the purpose of conferring on the tenant the right to occupy the dwelling-house for a holiday, or

(b) any part of a dwelling-house let for the purpose of conferring on the tenant to occupy that part of the house for a holiday;

“relevant local authority” means—

(a) a district council in England;

(b) a county council in England for an area for which there is no district council;

(c) a London borough council; (d) the Common Council of the City of London.”

This new clause provides for the introduction of a licensing scheme for holiday lets.

New clause 108—Review of Permitted Development Rights

“(1) The Secretary of State must, within 12 months of this Act gaining Royal Assent, commission and publish an independent review of permitted development rights under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596).

(2) The review should include an assessment of—

(a) the past effectiveness of permitted development rights in achieving housing targets;

(b) the quality of housing delivered under permitted development rights;

(c) the impacts of permitted development on heritage, conservation areas and setting;

(d) the estimated carbon impact of the use of permitted development rights since the expansion of permitted development to demolition;

(e) the relative cost to local planning authorities of processing permitted development compared to full planning consent;

(f) potential conflict between existing permitted development rights and the application of national development management policies;

(g) the impact of permitted development rights, or other policies in this Bill designed to deliver streamlined consent, on the efficacy of levelling-up missions.

(3) The review should make recommendations.”

This new clause requests a review of permitted development rights to run in conjunction with the development of national development management policies, which will examine the potential for conflict between existing rights and likely national policies. This review would examine the interaction between other permissive and streamlined consent provisions in the Bill.

New clause 109—Cycling, walking and rights of way plans: incorporation in development plans

“(1) A local planning authority must ensure that the development plan incorporates, so far as relevant to the use or development of land in the local planning authority’s area, the policies and proposals set out in—

(a) any local cycling and walking infrastructure plan or plans prepared by a local transport authority;

(b) any rights of way improvement plan.

(2) In dealing with an application for planning permission or permission in principle the local planning authority shall also have regard to any policies or proposals contained within a local cycling and walking infrastructure plan or plans and any rights of way improvement plan which have not been included as part of the development plan, so far as material to the application.

(3) In this section—

(a) “local planning authority” has the same meaning as in section 15LF of PCPA 2004;

(b) “local transport authority” has the same meaning as in section 108 of the Transport Act 2000;

(c) a “rights of way improvement plan” is a plan published by a local highway authority under section 60 of the Countryside and Rights of Way Act 2000.”

This new clause would require development plans to incorporate policies and proposals for cycling and walking infrastructure plans and rights of way improvement plans. Local planning authorities would be required to have regard to any such policies and proposals where they have not been incorporated in a development plan.

New clause 110—Consistency with the mitigation of and adaptation to climate change

“(1) The Secretary of State must aim to ensure consistency with the mitigation of, and adaptation to, climate change in preparing—

(a) national policy or advice relating to the development or use of land,

(b) a development management policy pursuant to section 38ZA of the Planning and Compulsory Purchase Act 2004.

(2) A relevant planning authority when making a planning decision must aim to ensure the decision is consistent with the mitigation of, and adaptation to, climate change.

(3) For the purposes of subsection (2), a relevant planning authority is as set out in section 81.

(4) For the purposes of subsection (2) a planning decision is a decision relating to—

(a) development arising from an application for planning permission;

(b) the making of a development order granting planning permission;

(c) an approval pursuant to a development order granting planning permission.

(5) For the purposes of this section—

(a) the mitigation of climate change shall include the achievement of—

(i) the target for 2050 set out in section 1 of the Climate Change Act 2008, and

(ii) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.

(b) adaptation to climate change shall include the achievement of long-term resilience to all climate-related risks, such as risks to health, well-being, food supply and infrastructure, including but not limited to—

(i) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and

(ii) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.

(6) The meaning of the mitigation of, and adaptation to, climate change given by subsection (5) applies for the purposes of—

(a) Parts 2 and Part 3 of the Planning and Compulsory Purchase Act 2004,

(b) section 334 of the Greater London Authority Act 1999, and

(c) Part 10A of the Planning Act 2008.”

This new clause would require planning policy prepared by the Secretary of State to inform local plan-making and planning decisions, and planning decisions themselves (including those made by the Secretary of State) to be consistent with national targets and objectives for the mitigation of, and adaption to, climate change. To ensure consistency in implementation, the clause extends the definition to the requirements relating to the mitigation of, and adaption to, climate change set out in the bill.

New clause 111—Vacant higher value local authority housing

“(1) The Housing and Planning Act 2016 is amended in accordance with subsection (2).

(2) Leave out Chapter 2 of Part 4.”

New clause 112—Registers of persons seeking to acquire land to build a home

“(1) Section 1 of the Self-build and Custom Housebuilding Act 2015 is amended as follows.

(2) In subsection (A1) omit the words “or completion”.

(3) At the end of subsection (A1) insert “, where the individuals will have the main input into the full design and layout of their home.”

(4) In subsection (A2), for “who” substitute “, firm, business or company who or which”.

(5) At the end of subsection (A2) insert “, firm, business or company; and nor does it include off-plan homes, nor homes purchased at the plan stage prior to construction and without the main input into the full design and layout from the individual or individuals who will be the future occupiers.””

This new clause would clarify the legislation with respect to self-build and custom housebuilding to recognise that most homes are built by building firms, businesses or companies for individuals who want to build a home and that self-build and custom housebuilding means individuals must have main input into the full design and layout of their home.

New clause 114—Onshore wind planning applications

“(1) The Secretary of State shall within six months of this Bill securing Royal Assent remove from the National Planning Policy Framework the current restrictions on the circumstances in which proposed wind energy developments involving one or more turbines should be considered acceptable.

(2) The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsection (3).

(3) In section 19 (preparation of local development documents), after (1B) insert—

“(1BA) Each local planning authority must consider how the desirability of the deployment of renewable energy, and specifically onshore wind generation, can be achieved in the local authority’s area.””

This new clause would commit the Secretary of State to revising the National Planning Policy Framework within six months of the Bill securing Royal Assent to remove the onerous restrictions it currently places on the development of onshore wind projects by deleting footnote 54 and ensure that local authorities are required to proactively identify opportunities for the deployment of renewable energy including onshore wind generation.

New clause 115—Duty to grant sufficient planning permission for self-build and custom housebuilding (No. 2)

“(1) Section 2A of the Self-build and Custom Housebuilding Act 2015 is amended as follows.

(2) In subsection (2)—

(a) omit “suitable”; and

(b) for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”.

(3) Omit subsection (6)(c).

(4) After subsection (6) insert—

“(6) Development permission must specify the precise number of dwellings which fall within the definition of self-build and custom housebuilding in this Act and must be subject to an express planning condition or planning obligation specifically requiring dwellings to be built in line with the definition of self-build and custom housebuilding in this Act, and only in respect of the specific number of dwellings so identified.”

(5) After subsection (9) insert—

“(10) Where individuals and associations of individuals who have registered on the register identified in section 1 have not had their demand met from one base period, they will have their demand added to the subsequent base period, provided those individuals or associations of individuals remain on the register or register in that subsequent base period.

(11) Unmet demand for self-build and custom housebuilding carries forward each year until it is met, provided the individual or associations of individuals continue to remain on the register or register each year and have not had their demand met.

(12) Once an individual or associations of individuals has been entered on the register identified in section 1, they shall not be removed from that register during the base period or for the three subsequent years during which the relevant authority is under a duty to meet the requirement for the base year in which the individual or associations of individuals has registered, other than with the express written consent of the individual or associations of individuals.””

This new clause provides that planning permission only qualifies towards meeting the demand for self-build and custom housebuilding if it is actually for self-build and custom housebuilding. It would also introduce a requirement to specify the precise number of dwellings which fall within this definition and clarify that the demand for self-build and custom housebuilding as recorded on an authority’s register is cumulative.

New clause 120—New use classes for second homes

“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.

(2) In paragraph 3 (dwellinghouses) for “whether or not as a sole or” substitute “as a”

(3) After paragraph 3 insert—

“3A Class C3A Second homes

Use, following a change of ownership, as a dwellinghouse as a secondary or supplementary residence by—

(a) a single person or by people to be regarded as forming a single household;

(b) not more than six residents living together as a single household where care is provided for residents; or

(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within class C4).

Interpretation of Class C3A

For the purposes of Class C3A “single household” is to be construed in accordance with section 258 of the Housing Act 2004.””

New clause 121—New use classes for holiday rentals

“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.

(2) In paragraph 3 (dwellinghouses) after “residence” insert “other than a use within Class C3A)”.

(3) After paragraph 3 insert—

“Class C3A Holiday rentals

Use, following a change of ownership, as a dwellinghouse as a holiday rental property.””

New clause 122—Report on a resources and skills strategy for the planning sector

“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the—

(a) resources; and

(b) skills

within and to local planning authorities.

(2) The Secretary of State must lay a report on the findings of this review before Parliament no later than 6 months after this Act comes into force.

(3) A report under subsection (2) must include a strategy for—

(a) increasing resources to; and

(b) supporting the capacity of

local planning authorities.”

This new clause would require the Secretary of State to review resources and skills within local planning authorities and those potentially available to them such as Planning Performance Agreements and to report the findings to Parliament.

New clause 123—Housebuilding targets at a local level

“(1) The Secretary of State must set each local authority a reasoned housebuilding target.

(2) If the local authority accepts the housebuilding target set by the Secretary of State, it must be incorporated into the local plan.

(3) If the local authority does not accept the housebuilding target set by the Secretary of State, the decision on the housebuilding target is subject to a decision at the local inquiry stage.”

New clause 124—Public consultation on planning and women’s safety

“(1) The Secretary of State must, within 90 days of the day on which this Act is passed, open a public consultation to establish the impact of proposed changes to the planning system on women’s safety.

(2) Section 70 of the Town and Country Planning Act 1990 is amended in accordance with subsection (3).

(3) After subsection (2A), insert—

“(2B) In dealing with an application for planning permission for public development, a local planning authority must establish a review of how the proposed development would impact women’s safety. The review must in particular, consider the impact of proposed development on—

(a) open spaces,

(b) layout of buildings,

(c) unlit or hidden spaces,

(d) visibility of entranceways, and

(e) blind spots.

(2C) The local planning authority must prepare and publish a report setting out the results of the review.””

Government new schedule 1—Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards.

Amendment 20, in clause 75, page 85, line 9, at end insert—

“(1A) Regulations under this Chapter may require relevant planning authorities to process data in accordance with approved data standards relating to the number and nature of—

(a) second homes,

(b) holiday let properties

in the planning authority area.”

This amendment would enable planning data regulations to provide for the collection of data to national standards about second homes and holiday lets.

Amendment 78, in clause 83, page 91, line 28, leave out lines 28 to 30 and insert—

“(5C) But the development plan has precedence over any national development management policy in the event of any conflict between the two.”

This amendment gives precedence to local development plans over national policies, reversing the current proposal in inserted subsection (5C).

Amendment 77, page 91, line 30, at end insert

“, subject to subsection (5D).

(5D) But any conflict must be resolved in favour of the development plan in an area if—

(a) in relation to it, regulations under section 16 of the Levelling-up and Regeneration Act 2023 have been made to provide for the town and country planning function and the highways function and any functions exercisable under the Environment Act 2021 of a county council or a district council that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA's area,

(b) if, in relation to it, regulations under section 17 of the Levelling-up and Regeneration Act 2023 have been made to provide for at least one function of another public body that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA's area,

(c) it has a joint spatial development strategy, or

(d) it is in Greater London.”

This amendment would place limits on the primary of national development management policies over the development plan where a Combined County Authority had been handed planning, highways, environmental powers and at least one function of another public body under a devolution deal, in areas covered by a joint spatial development strategy and in Greater London.

Amendment 79, in clause 84, page 92, line 9, leave out lines 9 to 16 and insert—

“(2) Before designating a policy as a national development management policy for the purposes of this Act the Secretary of State must carry out an appraisal of the sustainability of that policy.

(3) A policy may be designated as a national development management policy for the purposes of this Act only if the consultation and publicity requirements set out in clause 38ZB, and the parliamentary requirements set out in clause 38ZC, have been complied with in relation to it, and—

(a) the consideration period for the policy has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or

(b) the policy has been approved by resolution of the House of Commons—

(i) after being laid before Parliament under section 38ZC, and

(ii) before the end of the consideration period.

(4) In subsection (3)

“the consideration period” ,in relation to a policy, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 38ZC, and here “sitting day” means a day on which the House of Commons sits.

(5) A policy may not be designated a national development management policy unless—

(a) it contains explanations of the reasons for the policy, and

(b) in particular, includes an explanation of how the policy set out takes account of Government policy relating to the mitigation of, and adaptation to, climate change.

(6) The Secretary of State must arrange for the publication of a national policy statement.

38ZB Consultation and publicity

(1) This section sets out the consultation and publicity requirements referred to in sections 38ZA(3) and 38ZD(7).

(2) The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the proposal. This is subject to subsections (4) and (5).

(3) In this section “the proposal” means—

(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act or

(b) (as the case may be) the proposed amendment (see section 38ZD).

(4) The Secretary of State must consult such persons, and such descriptions of persons, as may be prescribed.

(5) If the policy set out in the proposal identifies one or more locations as suitable (or potentially suitable) for a specified description of development, the Secretary of State must ensure that appropriate steps are taken to publicise the proposal.

(6) The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with the proposal.

38ZC Parliamentary requirements

(1) This section sets out the parliamentary requirements referred to in sections 38ZA(3) and 38ZD(7).

(2) The Secretary of State must lay the proposal before Parliament.

(3) In this section “the proposal” means—

(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act or

(b) (as the case may be) the proposed amendment (see section 38ZD).

(4) Subsection (5) applies if, during the relevant period—

(a) either House of Parliament makes a resolution with regard to the proposal, or

(b) a committee of either House of Parliament makes recommendations with regard to the proposal.

(5) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.

(6) The relevant period is the period specified by the Secretary of State in relation to the proposal.

(7) The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).

(8) After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.

38ZD Review of national development management policies

(1) The Secretary of State must review a national development management policy whenever the Secretary of State thinks it appropriate to do so.

(2) A review may relate to all or part of a national development management policy.

(3) In deciding when to review a national development management policy the Secretary of State must consider whether—

(a) since the time when the policy was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out would have been materially different.

(4) In deciding when to review part of a national development management policy (“the relevant part”) the Secretary of State must consider whether—

(a) since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(5) After completing a review of all or part of a national development management policy the Secretary of State must do one of the following—

(a) amend the policy;

(b) withdraw the policy's designation as a national development management policy;

(c) leave the policy as it is.

(6) Before amending a national development management policy the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.

(7) The Secretary of State may amend a national development management policy only if the consultation and publicity requirements set out in section 38ZB, and the parliamentary requirements set out in section 38ZC, have been complied with in relation to the proposed amendment, and—

(a) the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

(b) the amendment has been approved by resolution of the House of Commons—

(i) after being laid before Parliament under section 38ZA, and

(ii) before the end of the consideration period.

(8) In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament, and here “sitting day” means a day on which the House of Commons sits.

(9) If the Secretary of State amends a national development management policy, the Secretary of State must—

(a) arrange for the amendment, or the policy as amended, to be published, and

(b) lay the amendment, or the policy as amended, before Parliament.”

This amendment stipulates the process for the Secretary of State to designate and review a national development management policy including minimum public consultation requirements and a process of parliamentary scrutiny based on processes set out in the Planning Act 2008 (as amended) for designating National Policy Statements.

Amendment 21, in clause 88, page 94, line 28, at end insert—

“(aa) policies (however expressed) relating to the proportion of dwellings which may be in—

(i) use class 3A (second homes), or

(ii) use class 3B (holiday rentals)

under Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764).”

This amendment would enable neighbourhood plans to include policies relating to the proportion of dwellings which may be second homes and short-term holiday lets under use classes created by NC38.

Amendment 22, page 94, line 28, at end insert—

“(aa) policies (however expressed) limiting new housing development in a National Park or an Area of Outstanding Natural Beauty to affordable housing;”

This amendment would enable neighbourhood development plans to restrict new housing development in National Parks and AONBs to affordable housing.

Amendment 74, page 95, line 6, at end insert—

“(B1) A neighbourhood development plan must include proposals to—

(a) achieve net zero,

(b) promote and increase local biodiversity, and

(c) improve local levels of recycling.”

Amendment 4, page 95, line 11, after “contribute” insert

“to the mitigation of flooding and”.

This amendment would require neighbourhood development plans to be designed to secure that the development and use of land in the neighbourhood area contribute to flood mitigation.

Amendment 95, in clause 90, page 96, line 34, at end insert—

“(3A) Where regulations under this section make requirements of a local authority that is failing to deliver a local plan in a timely way, the plan-making authority must consult the local community on the contents of the relevant plan.”

This amendment would require, in the event of a local authority failing to deliver a local plan in a timely way, those taking over the process to consult with the community.

Amendment 23, in clause 92, page 98, line 39, at end insert—

“a National Park

the natural beauty, wildlife and cultural heritage, and the opportunities for the understanding and enjoyment of the special qualities of the area by the public, under section 5 of the National Parks and Access to the Countryside Act 1949

an Area of Outstanding Natural Beauty

conserving and enhancing the natural beauty of the area, under section 82 of the Countryside and Rights of Way Act 2000”



This amendment would protect as heritage assets National Parks and Areas of Outstanding Natural Beauty.

Government amendments 57 and 58.

Amendment 90, page 105, leave out clause 97.

Government amendments 27, 24 and 59.

Amendment 73, in clause 100, page 118, line 31, at end insert—

“(3A) But notwithstanding subsection (3) the completion notice deadline may be less than 12 months after the completion notice was served if the local planning authority are of the opinion that—

(a) development has not taken place on the site for prolonged period,

(b) there is no reasonable prospect of development being completed within a reasonable period, and

(c) it is in the public interest to issue an urgent completion notice.

(3B) A completion notice may include requirements concerning the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of the completion period, and the carrying out of any works required for the reinstatement of land at the end of that period.”

This amendment would enable the issuance of completion notices withdrawing planning permission with a deadline of less than 12 months when certain conditions are met, and enable completion notices to require that building works be removed from a site or a site be reinstated to its previous condition.

Government amendment 28.

Amendment 81, in clause 115, page 132, line 21, leave out “a charge” and insert “an optional charge”.

This amendment would ensure that application of the Infrastructure Levy would be optional rather than mandatory.

Amendment 91, page 132, leave out clause 117.

Amendment 87, in clause 118, page 134, line 17, leave out subsection (5) and insert—

“(5) Before making any EOR regulations which contain provision about what the specified environmental outcomes are to be, the Secretary of State must ensure they are in accordance with—

(a) the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021),

(b) biodiversity targets including those required under sections 1 and 3 of the Environment Act 2021,

(c) the duty to conserve biodiversity as required under section 40 of the Natural Environment and Rural Communities Act 2006,

(d) local nature recovery strategies as required under section 104 of the Environment Act 2021, and

(e) lowering the net UK carbon account as required under section 1 of the Climate Change Act 2008.”

This amendment would ensure that when using EOR regulations to specify environmental outcomes the Secretary of State would have to ensure they are in accordance with the current environmental improvement plan and additional criteria.

Amendment 63, page 134, line 19, leave out from “to” to end of line 20 and insert—

“(a) the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021);

(b) the protection of the climate, including through meeting the UK’s domestic and international obligations in respect of the mitigation of, and adaption to, climate change;

(c) the preservation of the green belt;

(d) the protection of heritage in the built environment.”

This amendment would require the Secretary of State to have regard to climate obligations, the preservation of the green belt and the protection of heritage, as well as to the current environmental improvement plan, when setting EOR regulations.

Amendment 105, in clause 119, page 134, line 25, at end insert—

“(1A) Where an environmental outcomes report is required to be prepared in relation to a proposed relevant consent—

(a) the local authority must independently commission a report; and

(b) the developer must provide sufficient funding to the local authority to commission and to provide a reasonable fee for the undertaking of such a report.”

This amendment seeks to remove any conflict of interest, perceived or otherwise, of the developer commissioning an Environmental Outcomes Report, by establishing independent commission through the local authority. It requires the developer to fund not only the report itself but the costs accruing to the local planning authority in undertaking the commissioning process.

Amendment 88, in clause 122, page 138, line 3, leave out subsection (1) and insert—

“(1) The Secretary of State may only make EOR regulations if doing so will result in no diminution of environmental protection as provided for by environmental law at the time this Act is passed.”

This amendment would ensure that the new system of environmental assessment would not reduce existing environmental protections in any way rather than merely maintaining overall existing levels of environmental protection.

Amendment 89, in clause 129, page 142, line 14, leave out “in particular” and insert “not”.

This amendment would ensure that any specified environmental outcomes arising from EOR regulations made would augment not substitute those arising from existing environmental assessment legislation and the Habitats Regulations.

Government amendments 34 to 36, 30, 52, 99, 33, 100, 53, 31, 65, 101, 48, 25, 55, 50, 54, 26, 56, 32, 66, 49 and 102.

Amendment 92, in schedule 7, page 242, line 11, at end insert—

“(6A) In preparing their local plan, a local planning authority may have regard to whether a nationally significant infrastructure development has been granted in their area, and adjust their housing need calculation accordingly.”

This amendment would allow local authorities to consider the impact on available land of the imposition of nationally significant infrastructure developments in their area, such as rail freight terminals, power stations, or expansion of airport facilities.

Amendment 93, page 243, line 14 at end insert—

“(ha) Environmental Outcomes Reports,”.

This amendment would require local planning authorities to have regard to Environmental Outcomes Reports in preparing a local plan.

Amendment 75, page 252, line 5, at end insert—

“15EZA Development prior to the adoption of a local plan

(1) This section applies—

(a) after a draft local plan has been submitted for independent examination under section 15D but before it has been adopted under section 15EA; and

(b) when a local planning authority considers that a planning application might conflict with the provisions of the draft local plan.

(2) The local planning authority may defer a decision on the granting of planning permission for the application in paragraph (1)(b) until the draft local plan has been adopted.”

Amendment 80, page 274, line 31, at end insert—

“(4) In this part—

“mitigation of climate change” means compliance with the objectives and relevant budgetary provisions of the Climate Change Act 2008;

“adaptation to climate change” means the achievement of long-term resilience to climate-related risks, including the mitigation of the risks identified in relation to section 56 of the Climate Change Act 2008, and the achievement of the objectives of the relevant flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.”

This amendment requires references to climate change mitigation and adaptation in the inserted sections on plan making to be interpreted in line with the Climate Change Act 2008.

Amendment 85, in schedule 11, page 286, line 34, at end insert—

“(2A) The intention of IL is to enable local authorities to raise money from developments to fund infrastructure to support the development of their areas while allowing planning obligations under section 106 of the Town and Country Planning Act 1990 to continue to be used to provide affordable housing and ensure that development is acceptable in planning terms.”

Amendment 82, page 287, leave out lines 28 and 29 and insert—

“(1) A charging authority in England may, if it determines that IL would be more effective than the community infrastructure levy for delivering infrastructure in its area and would not prevent it meeting the level of affordable housing need identified in its local development plan, in accordance with IL regulations, charge IL in respect of development in its area.”

This amendment to inserted section 204B, which is connected to Amendment 81, would ensure that application of the Infrastructure Levy would be optional rather than mandatory.

Amendment 97, page 289, line 30, leave out “may” and insert “must”.

Amendment 3, page 289, line 37, at end insert—

“(9) IL regulations must provide for exemption from liability to pay IL in respect of affordable housing as defined in Annex 2 of the NPPF.”

This amendment would provide for an exemption from liability to pay IL for affordable housing as defined in Annex 2 of the NPPF.

Amendment 5, page 291, line 36, at end insert—

“(1A) A charging schedule may—

(a) require a developer to pay their full IL liability for a development before being permitted to commence work on that development,

(b) require infrastructure funded by IL associated with a development to be built before work on that development may commence,

(c) require a developer, at request of the local council, to pay additional money to be held in bond for remedial work.”

This amendment would enable Infrastructure Levy charging authorities to require a developer to pay their full IL liability, or for infrastructure funded by IL associated with a development to be built, before development may commence. And for developers to be required, at the request of the authority to provide money for remedial work.

Amendment 76, page 291, line 36, at end insert—

“(1A) A charging schedule must, in accordance with IL regulations require—

(a) that a developer pay their full IL liability for a development before being permitted to commence work on that development,

(b) that infrastructure funded by IL associated with a development be built before work on that development may commence.

(1B) Subsection (1A) applies only to proposed developments of more than 50 units.”

Amendment 84, page 291, leave out from line 37 to line 3 on page 292 and insert—

“(2) A charging authority, in setting rates or other criteria, must ensure that—

(a) the level of affordable housing which is funded by developers and provided in the authority’s area, and

(b) the level of the funding provided by the developers, is maintained at a level which, over a specified period, enables it to meet the level of affordable housing need identified in the local development plan.”

This amendment would require Infrastructure Levy rates to be set at such a level as to meet the level of affordable housing need specified in a local development plan.

Amendment 104, page 291, line 37, leave out from “must” to “that” in line 39, and insert “ensure”.

This amendment would require Infrastructure Levy rates to be set at such a level that funding for affordable housing is maintained at existing levels.

Amendment 86, page 292, line 14, after “development” insert “of the area”.

This amendment seeks to ensure consistency with inserted section 204A(2) on page 282 and ensure that consideration of viability relates to the area as a whole.

Amendment 96, page 292, line 28, at end insert—

“(4A) IL regulations must make provision for a sliding scale of charges increasing in proportion to the share of the development that is on greenfield land, for the purposes of incentivising brownfield development, unless any development on greenfield land is offset by the re-greening of an agreed area of brownfield land in a densely developed or populated area.”

This amendment is offered as an alternative proposition to Amendment 59, adding safeguards intended to prevent extremely dense development in urban centres with an undersupply of open space.

Amendment 2, page 298, line 21, at end insert—

“(ca) facilities providing childcare to children aged 11 or under,

(cb) the provision of subsidised or free schemes to deliver childcare for children aged 11 or under,”.

This amendment would add childcare facilities to the list of “infrastructure” in this schedule and therefore include it in the list of facilities which may be funded, improved, replaced or maintained by the charging authority, as well as allowing local authorities to use levy funds to provide subsidised or free childcare schemes in their area.

Amendment 98, page 301, line 36, at end insert—

“(c) all provision that is captured through the section 106 system.”

Amendment 83, page 312, leave out from line 40 to line 13 on page 313 and insert

“may be given under subsection (4) for authorities that have adopted an IL charging schedule, only if it is necessary for—

(a) delivering the overall purpose of IL mentioned in section 204A(2), or (b) avoiding charging a specific development more than once for the same infrastructure project through both IL and the following powers—

(i) Part 11 (Community Infrastructure Levy) (including any power conferred by CIL regulations under that Part),

(ii) Section 106 of TCPA 1990 (planning obligations), and

(iii) Section 278 of the Highways Act 1980 (execution of works) unless this is essential to rendering the development acceptable in planning terms.”

This amendment would avoid restrictions being placed on the use of the community infrastructure levy, section 106 obligations, and section 278 agreements at the Secretary of State’s discretion unless necessary to avoid double charging for the same infrastructure provision.

Government amendments 37 to 39, 67, 103 and 68.

Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

Our houses are not just bricks and mortar; they are homes. And those who live around us are not just our neighbours; they are our communities. We all want to live in streets that uplift our spirits and where our children, and their children, can afford to live and own their own homes alongside us. Churchill once said:

“We shape our buildings and afterwards our buildings shape us.”—[Official Report, 28 October 1943; Vol. 393, c. 403.]

So too, if we empower our communities, they will empower us.

We know that we can do more to ensure that, when we expand our communities, we do so in the right places, with the right infrastructure, and with the support of local people and local representatives. The think-tank Demos asked people whether they would prefer to have more say over how money is spent in their area, or to have more money. People were twice as likely to say that they would prefer to have more say and less money. Our Bill seeks to provide opportunities for collaboration and empowerment. It provides more opportunity for more homes that are beautiful, supported by infrastructure, delivered with democracy, which level up across our country.

I thank all colleagues for their extensive engagement, highlighting to me, to the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Kensington (Felicity Buchan), and to the Secretary of State the issues and concerns in their local areas. All represent different and diverse areas across the country: rural and urban, coastal and remote, island and inner city. I thank in particular my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely) for their constructive contribution on this issue and their unwavering commitment to our planning system and their constituents.

I also thank my right hon. Friends the Members for Ashford (Damian Green) and for Romsey and Southampton North (Caroline Nokes), my hon. Friends the Members for Gosport (Dame Caroline Dinenage), for Aylesbury (Rob Butler), for Rushcliffe (Ruth Edwards), for North Devon (Selaine Saxby) and for Buckingham (Greg Smith), and the many Members across the House who have contributed significantly to our policy decisions on these issues.

It is important that we build homes this country needs in the places that we need homes most. We have a moral responsibility to get on and build, but we also have a responsibility to our existing communities to do so in the right way and with community support.

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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I think it may be useful to colleagues if I explain how we intend to conduct the debate. Many Members wish to speak, and there have been and will be quite lengthy Front-Bench speeches. The debate has to finish at 6 o’clock. I want to give priority to those who have amendments tabled in their names—by and large, not everybody. I will have to put on a time limit of six minutes or five minutes. If we do not do that, we will not have a chance of getting anywhere near everyone in, or even everyone who has tabled amendments. That is just a warning—the time limit will come in after the shadow Minister.

Matthew Pennycook Portrait Matthew Pennycook (Greenwich and Woolwich) (Lab)
- View Speech - Hansard - - - Excerpts

I rise to speak to the new clauses and amendments in my name and those of my hon. Friends. It is two weeks and two significant concessions to large groups of disgruntled Government Back Benchers later, but it is a pleasure to finally be back in the Chamber to conclude the Report stage of this Bill. As my hon. Friend the Member for Nottingham North (Alex Norris) made clear on day one of Report, in 27 sittings over a four-month period, the Bill was subject to exhaustive line-by-line consideration. Such was the appetite to participate in the Committee’s proceedings that not only was it formally adjourned to allow new members to take part, but we enjoyed appearances from seven different Ministers, some of whom even had more than a passing familiarity with the contents of the legislation.

I thank my hon. Friends the Members for York Central (Rachael Maskell), for South Shields (Mrs Lewell-Buck) and for Coventry North East (Colleen Fletcher) and the hon. Member for Westmorland and Lonsdale (Tim Farron) for so ably scrutinising in Committee the many technical and complex provisions that the Bill contains. The new clauses and amendments that we have tabled for consideration today are almost identical to a number of those we discussed at length in Committee. That deliberate choice reflects not only the importance we place on the matters that they relate to, but the lack of anything resembling robust and convincing reassurances from Ministers in Committee in respect of the concerns that they seek to address. Indeed, if anything, the debates that took place and the responses provided by successive Ministers served only to harden our view that a number of the measures in the Bill relating to planning and the environment would almost certainly have adverse impacts.

Our hope, perhaps a forlorn one, Madam Deputy Speaker, is that the new ministerial team may have used the almost 50 days since their appointment to further interrogate the potential risks posed by those measures in the Bill that are controversial and to reflect on the wisdom of proceeding with them.

Part 3 of the Bill deals with a wide range of issues relating to both national planning policy and local and neighbourhood planning. Many of the clauses that this eclectic part contains are unproblematic, but others are contentious, and we raised detailed concerns in Committee about several of them. Amendments 78 and 79 seek to address arguably the most disquieting, namely clauses 83 and 84, concerning the future relationship between local development plans and national planning policy given statutory weight in the form of national development management policies. We welcome the fact that new section 38(5B) of the Planning and Compulsory Purchase Act 2004 in clause 83 provides communities with greater confidence that finalised local plans will be adhered to and any safeguards they contain respected. However, we believe that new subsection 5C in clause 83, in providing that anything covered by an NDMP will not only have legal status but will take precedence over local development plans in any instance where there is found to be a conflict between the two, represents a radical centralisation of planning decision-making that will fundamentally alter the status and remit of local planning in a way that could have a number of potentially damaging consequences.

I must make it clear that our concern in relation to the effect of this subsection would exist even if the Government had published the national planning policy framework prospectus and provided hon. Members with an overview about what NDMPs are likely to cover. The fact that they have not and that we therefore still have no idea precisely what these new statutory national policies will eventually contain—coupled with the fact that clause 84 of the Bill makes it clear that NDMPs can cover any policy area relating to development or use of land in England and can be modified or revoked without any form of consultation if that is the wish of the Secretary of State of the day—merely heightens our concerns.

We know that there is significant anxiety across the House about the future implications of NDMPs, and rightly so, because legislating to ensure that they overrule local plans in the event of any conflict does represent a radical departure from the status quo. As we argued in Committee, what is proposed is a wholly different proposition from the current application of the NPPF, and our fear is that it will lead to the erosion of local control in a way that threatens to transform what is currently a local plan-led system into a national policy-led system.

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None Portrait Several hon. Members rose—
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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I will have to start with a five-minute time limit for Back-Bench speeches, I am afraid. I call Simon Clarke.

Simon Clarke Portrait Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
- View Speech - Hansard - - - Excerpts

I pay tribute to all who were involved in the creation of this Bill, which I had the pleasure of overseeing briefly as Secretary of State. Let me also express my appreciation for the Government’s work in relation to last week’s commitment to a new approach to the permitting of onshore wind, enshrining community consent as the key guiding principle when it comes to whether new developments, or indeed existing ones, can be set up. That is a hugely welcome change, and one that I believe can and should unite the House. As a result, I have withdrawn what was new clause 90 today, although I thank all those who supported it, particularly my right hon. Friend the Member for Reading West (Alok Sharma).

The hon. Member for Greenwich and Woolwich (Matthew Pennycook) mentioned the consultation which we look forward to seeing in due course. I am confident that it will be a robust, credible mechanism which will establish how we can measure community consent and how we can unlock developments when communities wish to support them, while, obviously, protecting places that do not wish to host onshore wind.

There is much that I commend in the Government’s new clauses, new schedule and amendments, just as there was on the first day’s debate on devolution. I particularly welcome new clause 69, on street votes, and clause 50, on community land auctions. Both are classic supply-side reforms of the kind that we badly need if we are to liberalise house building. That has clearly been a central issue of contention in recent debates on the Bill, but there are some welcome new proposals that we should also consider. I especially commend the new clauses tabled by my hon. Friend the Member for Weston-super-Mare (John Penrose), which I think would successfully complement the wider liberalisation set out in the Bill.

We should recap some of the fundamental points that we need to recognise when it comes to not just today’s debate, but all debates in the House about intergenerational fairness and opportunities. Since the 1950s and 1960s the rate at which we expand our housing supply has halved, even as the population has risen. In London it would take the average worker more than 15 years to afford a deposit. To put it simply, we need more homes—as many as we can possibly build—and we should enable the free market through every possible mechanism at our disposal.

It is to the Government’s credit that we have been building at the fastest rate for some 30 years, but for too many people under 50, the dream of an opportunity society is receding rather than coming closer. As recently as 1991, 78% of those aged between 25 and 44 were owner-occupiers; the figure today is 56%. For those aged between 25 and 34, it has fallen from 67% to 41%. So many of the long-term concerns that we confront in this Chamber—inequality, productivity, even fertility—are linked with our fundamental problem of not being able to build enough homes for it to be affordable for too many young people to rent, let alone buy.

I happen to believe that enabling home ownership is an existential priority for my party, but Members on both sides of the House should welcome innovative new measures in the Bill, such as street votes and community land auctions, which can progress that agenda. As my right hon. Friend the Secretary of State has said with regard to street votes—and, as so often, I cannot phrase this better than him—

“Arithmetic is important but so is beauty, so is belonging, so is democracy, and so is making sure that we are building communities.”

I think that these measures will help us to realise that.

However, there are issues on which I believe we ought to go further. I am conscious of the limited time that we have today, but I will touch on the issue of nutrient neutrality. I believe that, although the Bill makes welcome progress to try to unlock this thorny problem—which is blocking 100,000 new planning permissions from being realised—we can and should go further. That potentially includes derogating from the habitat regulations, while imposing tighter restrictions on the root causes of pollution: bad farming practices, and poor management of waste water by our waterworks.



Most fundamentally, I want to go back to that point in regard to the need for us to build the homes that this country requires, and that takes us back to the underlying issue of targets and the new clauses tabled in this regard by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely). It is critical that, as the national planning policy framework is redrawn, we keep making the case for good, high-quality developments with the right infrastructure and rational incentives for communities to welcome new homes. If we do not, it will be a social and economic disaster for this country and a terrible problem for my party as we seek to make the case for a property-owning democracy and popular capitalism.

Council Tax

Baroness Winterton of Doncaster Excerpts
Monday 12th December 2022

(3 years, 3 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Justin Tomlinson Portrait Justin Tomlinson
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If there is ever any question of any threat in any form, it should always be investigated. The sun comes up in the morning—it is that obvious.

I say to the Minister: hold firm. This is what the public want. It has worked in the pilots, and proceeding with it is an absolute must.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the SNP spokesperson.

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Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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Where are they, then? Where are all the Lib Dems?

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. No shouting out. I call John McDonnell.

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Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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On a point of order, Madam Deputy Speaker. I am trying to listen to the Minister. Four Opposition Members are speaking at the same time. It would be easier if they did not.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I thank the hon. Gentleman for his point of order. There is quite a lot of noise on both sides. I would suggest that we listen to the list being read out by the Minister.

Lee Rowley Portrait Lee Rowley
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For the record: a United Kingdom passport, a passport issued by an EEA state or Commonwealth country, a full driving licence, a provisional driving licence, a UK biometric immigration document, an identity card bearing proof of age, a standard scheme hologram PASS card, a defence identity card, a blue badge, a voter authority certificate or a temporary voter authority certificate, an anonymous electors document, a Northern Ireland electoral identity card, or a national identity card issued by an EEA state. [Interruption.] The list goes on, because we are trying to ensure that this approach works over the long term.

None Portrait Several hon. Members rose—
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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker
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Order. If the Minister does not want to give way, he is not going to. It is up to him.

Levelling-up and Regeneration Bill

Baroness Winterton of Doncaster Excerpts
Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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With this it will be convenient to discuss the following:

Government new clause 62—Functions in respect of key route network roads.

Government new clause 65—Participation of police and crime commissioners at certain local authority committees.

New clause 1—Power to provide for an elected mayor

(1) Part 1A of the Local Government Act 2000 is amended as follows.

(2) After section 9K insert—

“9KA Power to provide for an elected mayor

(1) The Secretary of State may by regulations provide for there to be a mayor of a local authority.

(2) Before making regulations under subsection (1), the Secretary of State must publish a report which contains—

(a) an assessment of why it is in the interests of economy, efficiency, effectiveness or public safety for the regulations to be made, and

(b) a description of any public consultation the Secretary of State has carried out on the proposal for the regulations to be made.””

This new clause would allow the Secretary of State to provide for there to be a mayor of any local authority if they deem appropriate.

New clause 2—Resignation requirements for MPs serving as elected mayors

“(1) The Police Reform and Social Responsibility Act 2011 is amended in accordance with subsection.

(2) In section 67 (Disqualification of person holding office as police and crime commissioner), leave out paragraph (a).

(3) Schedule 1 to the House of Commons Disqualification Act 1975 is amended as follows.

(4) In Part 3 (Other Disqualifying Offices), at the appropriate place insert—

‘Mayor who is to exercise the functions of police and crime commissioner’”.

This new clause would allow an MP who is elected as a mayor who is to exercise the functions of a police and crime commissioner to remain as an MP until the next parliamentary election.

New clause 4—Housing Act 1985

“In section 618 of the Housing Act 1985 (The Common Council of the City of London), omit subsections (3) and (4).”

This new clause would correct a disparity which applies uniquely to Members of the City of London’s Common Council in relation to their ability to discuss or vote on local authority matters relating to land, for example housing, by removing a prohibition on participating on such matters.

New clause 7—Council tax: properties of multiple occupancy

“(1) The Local Government Finance Act 1992 is amended as follows.

(2) In section 3 (meaning of “dwelling”), after subsection (4A), insert—

‘(4B) Subject to subsection (6) below, the following property is not a dwelling—

(a) a room or bedroom subject to a tenancy agreement that does not contain bathroom and cooking facilities within its physical curtilage;

(b) a room or bedroom subject to a tenancy agreement which includes bathroom facilities but does not include cooking facilities within its physical curtilage;

(c) any rooms or bedrooms within a licensed House of Multiple Occupancy; and

(d) any room which is not in law a self-contained unit regardless of any clause, term or condition of any contract, license of agreement conferring a right to occupy that room.’”

This new clause is intended to prevent the imposition of Council Tax individually on tenants of a room in a house with shared facilities, or in a licensed House of Multiple Occupancy.

New clause 41—Duty to provide sufficient resources to Combined Authorities and Combined County Authorities

“(1) This section applies where the Government has committed funding to a Combined Authority or a Combined County Authority in order to deliver a specific project.

(2) The Secretary of State must provide commensurate financial resources to a Combined Authority or a Combined County Authority to enable the delivery of the project mentioned in subsection (1) as agreed in full.

(3) The Secretary of States must, by regulations, amend the value of this funding to reflect inflation.”

This new clause would commit the Government to fully funding combined authority and combined county authority projects they have committed to in the case that costs rise due to inflation.

New clause 45—Local authorities to be allowed to choose their own voting system

“(1) The Secretary of State must by regulations provide that local authorities may choose the voting system used for local elections in their areas.

(2) When determining whether to seek to introduce a new voting system a local authority must have regard to the benefits of reinvigorating local democracy in its area.

(3) Regulations under this section must provide that local authorities may choose to elect councillors—

(a) by thirds, or

(b) on an all-out basis.

(4) Regulations under this section must provide that local authorities may choose to elect councillors using—

(a) first-past-the-post;

(b) alternative vote;

(c) supplementary vote;

(d) single transferable vote;

(e) the additional member system;

(f) any other system that may be prescribed in the regulations.

(5) Regulations under this section may make provision about—

(a) how a local authority may go about seeking to change its voting system,

(b) the decision-making process for such a change,

(c) consultation, and

(d) requirements relating to approval by the local electorate.”

This new clause would enable local authorities to choose what voting system they use for local elections.

New clause 46—Review into business rates system

“(1) The Chancellor of the Exchequer must undertake a review of the business rates system.

(2) The review must consider the extent to which the business rates system—

(a) is achieving its objectives,

(b) is conducive to the achievement of the levelling-up and regeneration objectives of this Act.

(3) The review must consider whether alternatives of local business taxation would be more likely to achieve the objectives in subsections (2)(a) and (b).

(4) The review must in particular consider the effects of business rates and alternative local business taxation systems on—

(a) high streets, and

(b) rural areas.

(5) The review must consider the merits of devolving more control over local business taxation to local authorities.

(6) The Chancellor of the Exchequer must lay a report of the review before parliament before the end of the period of one year beginning with the day on which this Act is passed.”

This new clause would require the Secretary of State to review the business rates system.

New clause 70—Duties in connection with the European Framework Convention for the Protection of National Minorities

“(1) The Cities and Local Government Devolution Act 2016 is amended in accordance with subsection (2).

(2) In section 16 (Power to transfer etc public authority functions to certain local authorities), after subsection (1) insert—

‘(1A) In deciding how and whether to exercise his power under section 16(1), the Secretary of State must have regard to the existence, within a local authority area, of a national minority as defined by the European Framework Convention for the Protection of National Minorities.’”

New clause 71—Extending level 3 devolution deals

“(1) The Secretary of State must, by regulations, make provision for local authorities to be granted a Level 3 devolution deal, without the requirement for a directly-elected leader across the entire authority.

(2) When making regulations under subsection (1), the Secretary of State must have regard to the benefits of such a devolution arrangement given any existence, within a local authority area, of a national minority, as defined by the European Framework Convention for the Protection of National Minorities.”

New clause 34—Review of compulsory purchase powers

“(1) The Secretary of State must undertake a review of whether the powers of compulsory purchase available to—

(a) local authorities, and

(b) the Secretary of State

are adequate to meet the objectives of this Act.

(2) In undertaking the review the Secretary of State must, in particular, consider—

(a) whether existing statutory time limits for compulsory purchase action are appropriate,

(b) other means of accelerating compulsory purchase action with particular reference to properties to which subsection (3) applies, and

(c) the adequacy of compulsory purchase powers in relation to properties to which subsection (3) applies.

(3) This subsection applies to—

(a) properties that have been unoccupied for a prolonged period (with reference to the vacancy condition in section 152), and

(b) buildings of local public importance such as hotels and high street properties.”

This new clause would require the Government to review powers of compulsory purchase and whether they are adequate to meet its levelling-up and regeneration objectives.

New clause 74—Commencement of Section 81 of the Police Crime Sentencing and Courts Act

“The Secretary of State must, by regulations, bring into force the provisions in Section 81 of the Police, Crime, Sentencing and Courts Act 2022 no later than 31st December 2022”

New clause 75—Review of the effectiveness of the Housing First Scheme

(1) The Secretary of State must establish an annual review of His Majesty’s Government’s progress on reducing homelessness.

(2) The review must include an assessment of—

(a) whether the Housing First scheme is achieving its objectives,

(b) the support provided to local authorities to meet their homelessness duties,

(c) the merits of ensuring that local authorities have at least one provider of the Housing First model, and

(d) the Government’s progress towards ending rough sleeping.

(3) The Secretary of State must prepare reports on these reviews in accordance with this section.

(4) The first report under subsection (3) must be laid before each House of Parliament before the end of a period of one year beginning on the day when this Act was passed.

(5) After a report has been laid before Parliament under subsection (4), the Secretary of State must publish it as soon as is reasonably practicable.”

New clause 76—Publication of the Consultation on the Vagrancy Act

“(1) The Secretary of State must, before the end of 2022, publish a report setting out the results of the Review of the Vagrancy Act: consultation on effective replacement.

(2) he report under subsection (1) must, in particular, set out—

(a) how to replace the offences in the Vagrancy Act which prohibit begging and rough sleeping in an appropriate way that prioritises getting individuals into support, and

(b) the Government’s legislative plan to support these changes.

(3) The Secretary of State must lay a copy of the report in subsection (1) before both Houses of Parliament.”

New clause 82—Standards Board for England

“(1) There is to be a body corporate known as the Standards Board for England (“the Standards Board”).

(2) The Standards Board is to consist of not less than three members appointed by the Secretary of State.

(3) In exercising its functions the Standards Board must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of local authorities in England.

(4) The Secretary of State must by regulations make further provision about the Standards Board.

(5) Regulations under this section must provide for—

(a) a code of conduct of behaviour for members and co-opted members of local authorities in England,

(b) the making of complaints to the Standards Board a member or co-opted member has failed to comply with that code of conduct,

(c) the independent handling of such complaints in the first instance by the Standards Board,

(d) the functions of ethical standards officers,

(e) investigations and reports by such officers,

(f) the role of monitoring officers of local authorities in such complaints,

(g) the referral of cases to the adjudication panel for England for determination,

(h) about independent determination by the adjudication panel its issuing of sanctions,

(i) appeal by the complainant to the Local Government and Social Care Ombudsman,

(j) appeal by the member or co-opted member subject to the complaint to the Local Government and Social Care Ombudsman, and

(k) the governance of the Standards Board.

(6) In making regulations under this section the Secretary of State must have regard to the content of Chapter II (investigations etc: England) of Part III (conduct of local government members and employees) of the Local Government Act 2000, prior to the repeal of that Chapter.

(7) The Standards Board—

(a) must appoint employees known as ethical standards officers,

(b) may issue guidance to local authorities in England on matters relating to the conduct of members and co-opted members of such authorities,

(c) may issue guidance to local authorities in England in relation to the qualifications or experience which monitoring officers should possess, and

(d) may arrange for any such guidance to be made public.”

This new clause seeks to reinstate the Standards Board for England, which was abolished by the Localism Act 2011, but with the removal of referral to standards committees and the addition of appeal to the Local Government Ombudsman.

New clause 84—Levelling-up mission: adult literacy—

“(1) Each statement of levelling-up missions must include an objective relating to reducing geographical disparities in adult literacy.

(2) In pursuance of the objective in subsection (1), the Secretary of State must, during each mission period, review adult literacy levels in the UK, to inform measures with the purpose of reducing geographical disparities in adult literacy and eradicating illiteracy in adults.

(3) The findings of any review under this section must be published in a report, which must be laid before Parliament.

(4) When a report under this section is laid before Parliament, the government must also publish a strategy setting out steps it intends to take to improve levels of adult literacy and eradicate illiteracy in the UK.”

This new clause would require the government to include the reducing of geographical disparities in adult literacy as one of its levelling up missions, and it would require them, during each mission period, to review levels of adult literacy in the UK, publish the findings of that review and set out a strategy to improve levels of adult literacy and eradicate illiteracy in the UK.

Amendment 8, in clause 1, page 1, line 14, at end insert—

“(c) the independent body that His Majesty’s Government proposes to use to evaluate progress in delivering those levelling-up missions (‘the independent evaluating body’).”

This amendment would place a responsibility on the Government to commission an independent body to scrutinise their progress against levelling-up missions.

Amendment 9, page 1, line 14, at end insert—

“(c) the resources made available by His Majesty’s Government to nations, regions, sub-regions and local areas in order to level-up.”

This amendment would place a responsibility on the Government to publish the resources made available to communities in order to level-up.

Amendment 71, page 1, line 14, at end insert—

“(c) details of how His Majesty’s Government will ensure that the levelling-up missions are aligned with the United Nations Sustainable Development Goal to end hunger and ensure access by all people, in particular the poor and people in vulnerable situations, including infants, to safe, nutritious and sufficient food all year round.”

This amendment would require that levelling-up missions align with the United Nations Sustainable Development Goal to end hunger and ensure access by all people to safe and nutritious food.

Amendment 69, page 1, line 14, at end insert—

“(2A) The first statement of levelling-up missions must include a requirement that by 2030 the number of people successfully completing high-quality skills training will have significantly increased in every area of the UK.

(2B) For the purposes of subsection (2A), ‘high-quality skills training’ must include training for the purpose of proactively supporting workers in high-carbon industries wishing to transition to careers in the green energy sector, with cross-sector recognition of skills and regardless of their current contract status.”

Amendment 70, page 1, line 14, at end insert—

“(2A) The first statement of levelling-up missions must include a mission to expand public access to waterways, woodlands, Green Belt and grasslands and reduce geographical inequalities in access to open access land.

(2B) In this section, “waterways” includes any river, stream, lake, pond, canal or other waterway physically capable of navigation, and any such river banks or land adjacent as necessary for the act of navigation and for other purposes incidental to navigation or to bathe.

(2C) A levelling-up mission under this section must be accompanied by a statement of the Government’s legislative plan to support the mission, including proposals to amend the Countryside and Rights of Way Act 2000.”

Amendment 72, page 2, line 3, at end insert—

“(3A) The mission progress methodology and metrics must include the following indicators—

(a) prevalence of undernourishment in the population, and

(b) prevalence of moderate or severe food insecurity in the population, based on the Food Insecurity Experience Scale (FIES).”

This amendment would require that the mission progress methodology and metrics include the prevalence of under-nourishment and the prevalence of food insecurity in the population.

Amendment 10, page 2, line 6, at end insert—

“(4A) A statement of levelling-up missions must be accompanied by an action plan which sets out details of how His Majesty’s Government intends to deliver these missions by the target date.”

This amendment would require the Government to publish an action plan alongside a statement of levelling-up missions which sets out how they will deliver the missions.

Amendment 11, in clause 2, page 3, line 7, leave out subsections (4) and (5).

This amendment would remove the provision allowing the Secretary of State to discontinue a levelling-up mission.

Amendment 12, in clause 3, page 3, line 28, leave out “120” and insert “30”.

This amendment would reduce the period of time by which a report under section 2 must be laid before each House of Parliament to 30 days.

Amendment 13, page 3, line 32, leave out “120” and insert “30”.

See explanatory statement to Amendment 12

Amendment 14, page 4, line 2, leave out clause 4.

This amendment would remove the provision allowing a Minister to make changes to mission progress methodology and metrics or target dates.

Amendment 64, in clause 4, page 4, line 18, leave out from “which” to end of line 19 and insert—

“both conditions in subsection (4) have been met.

(4) The conditions are that—

(a) the House of Commons,

(b) the House of Lords

have passed a Motion in the form in subsection (5).

(5) The form of the Motion is—

That this House approves the revisions to the levelling-up mission progress methodology and metrics or target date made under section 4 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”

Amendment 15, in clause 5, page 5, line 18, at end insert—

“(ca) state whether the independent evaluating body considers that pursuing the levelling-up missions in that statement is effectively contributing to the reduction of geographical disparities in the United Kingdom,”

This amendment would require the report on a review of statements of levelling-up missions to include the assessment of the independent evaluating body.

Amendment 16, page 6, line 5, leave out from “which” to end of subsection (11) and insert—

“both conditions in subsection (12) have been met.

(12) The conditions are that—

(a) the House of Commons, and

(b) the House of Lords

has passed a Motion of the form in subsection (13).

(13) The form of the Motion is—

That this House approves the revisions to the statement of levelling-up missions made under section 5 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”

This amendment would require both Houses of Parliament to approve revisions to the statement of levelling-up missions to be approved by both Houses of Parliament before they have effect.

Amendment 17, page 12, line 24, leave out clause 16.

Government amendments 29, 45 and 46.

Amendment 18, in clause 52, page 45, line 16, leave out “may” and insert—

“must, within 6 months of the day on which this Act is passed,”.

This amendment would require the Secretary of State to produce guidance on the establishment and operation of CCAs within 6 months of this Act receiving Royal Assent.

Amendment 19, page 50, line 24, leave out clause 58.

This amendment would remove Clause 58, which allows an elected mayor to assume policing responsibilities without the consent of the combined authority.

Government amendments 47, 40 to 44, 1, 60, 51, 61 and 62.

Dehenna Davison Portrait Dehenna Davison
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It is a pleasure to be here for the next stage of this vital Bill. My right hon. Friend the Secretary of State recently set out his guiding principles for the Bill: beauty, infrastructure, democracy, environment and neighbourhoods—or, for acronym fans, BIDEN. We want to ensure that people across the country have the opportunity to live and work in beautiful places, supported by the right infrastructure, with strong locally accountable leadership and with better access to an improved environment, all rooted in thriving neighbourhoods of which they can be proud. Regrettably, though, there are areas of the country that are long neglected and that will require a concerted effort from us all. We have to put an end to the shameful waste of potential that has held so many of our constituents and our country back for so long.

This is why the ambitions set out in the levelling up White Paper are so crucial. If we are going to achieve our ambitions, we have to be focused. That is why the first part of the Bill creates a self-renewing national focus on this endeavour, through the setting of and reporting on missions to level up. These missions, with their clear, measurable objectives, will drive the action needed to reduce geographic disparities. One such mission is our vision for devolution across England. This is why the Bill creates a new model for devolution: the combined county authority. It also improves existing models thought the combined authority and county deal models, making devolution easier to achieve, extend and deepen.

Supported Housing (Regulatory Oversight) Bill

Baroness Winterton of Doncaster Excerpts
Friday 18th November 2022

(3 years, 4 months ago)

Commons Chamber
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Gagan Mohindra Portrait Mr Mohindra
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I might recount my introductory remarks for colleagues who were not here 15 or 20 minutes ago, although they will not be as elongated as they were the first time around.

More seriously, this is a really important Bill. I commend my hon. Friend the Member for Harrow East (Bob Blackman)—my good friend—for promoting it. As someone who, like him, has had experience in local government, I know at first hand the excellent work done by local authorities. One challenge that we need to face in debating this Bill is the capacity of local authorities to have a meaningful impact on both the creation of the regulatory environment and enforcement. Another point about the first part, which is important, is consistency across the country. We have unfortunately seen cases where one council may have capacity to enforce properly, but neighbouring ones are not able to do so. Entrepreneurial wrongdoers will use that opportunity to cross the invisible line of local government boundaries to continue to exploit the most vulnerable in our communities.

In my own South West Hertfordshire constituency I have good housing providers, which provide adequate support. In the south, I have 136 units of supported housing in Three Rivers, none of which is provided by the local authority. In the north, in Dacorum, there are 2,541 units, of which 536 are provided by private registered providers.

The Bill is not and should not be focused on those who do the right thing; it is for those who are not particularly discouraged from doing the wrong things. There is evidence, as we heard in the excellent introductory speech from my hon. Friend the Member for Harrow East, of bad behaviour up and down the country. The hon. Member for Birmingham, Ladywood (Shabana Mahmood) referred specifically to her own constituency and a local council. We need to ensure that there is a framework in place to actively discourage people from even attempting to exploit those whom we are looking to support.

The motivation to exploit and the need for supported housing are both real. The fact that it is uncapped means that it can potentially be quite lucrative. My hon. Friend the Member for Milton Keynes North (Ben Everitt) referred to some of the millions involved in this particular industry. The ambition for the Bill, which I fully support, is to have a minimum standard for the types of dwelling on offer to those who really need it.

On the impact on local communities, there is unfortunately a strong correlation between communities with a high concentration of supported homes and antisocial behaviour and crime. I think it was the hon. Member for Birmingham, Ladywood who referred to the cyclical nature of that problem, with the most vulnerable being continually the victims of persecution and, in this case, exploitation.

Poor-quality housing, communal areas being turned into rooms and building control remain critical issues. If permitted development rights and probably failings in planning enforcement mean that dwellings that were built for two or three bedrooms could potentially have eight or nine, with a couple of people in each, yet only one or two amenity spaces such as kitchens, WCs or larger bathrooms, that cannot be right. While housing supply remains tight up and down the country, we need to ensure that the quality is improved. As someone who sat on a planning committee for 16 years in local government circles before I came to this place, I saw the continual challenge of ensuring that developers, whether public or private, were doing the right thing.

It remains one of my ambitions to see that we future-proof our dwellings so that, theoretically, someone could live in the same home from the age of zero all the way to 100 years. That is fine if people are able to afford a decent, well-built home, but this debate is focused on those who need the state, both local government and national Government, to step in to ensure that they have the safety net they need to find their own way to get back on their feet and out of supported housing.

One critical thing we need to be mindful of is data. Both my hon. Friend the Member for Harrow East and the hon. Member for Birmingham, Ladywood mentioned the lack of data in this area. I studied mathematics many years ago and I know that, while from a policy perspective no politician wants to create bad legislation, we need the evidence base to confirm our assumptions. I have a continuing passion for value for money, and I am sure the Minister, who was previously in the Treasury, will agree that whether it is a local authority or the national Government, being able to prove that money is being spent well should be of paramount importance. We should be able both to improve the quality of homes and to offer better value for money. My challenge to her is not necessarily to spend more money, but to spend it better. The ultimate outcome should be a better quality of life for those who require this service.

The numbers show that 153,700 households in Great Britain were housed in exempt accommodation in May 2021. These are thousands of families who rely on the state. One of the biggest things we should do in this place is to ensure that people live to the best of their potential, and part of that is ensuring that they are not focusing on having a roof over their head, dealing with mould or putting food on the table. It is about saying to them, “You can be brilliant, exceptional and amazing.”

I am sure I speak for all colleagues in saying that one of the joys of this job is going to speak to schoolchildren, and saying, “The opportunities you have, being brought up in this country, are second to none.” As a second-generation immigrant, my sitting on these green Benches would be a rare phenomenon in other parts of the world, which makes me proud to be British.

On protecting vulnerable people, we unfortunately continue to hear about cases of sexual harassment and threats of eviction by landlords. The hon. Member for Birmingham, Ladywood mentioned a local provider who seems to use bully-boy tactics to threaten tenants who do the right thing by escalating. Although we want to discourage bad behaviour, there are occasional unintended consequences where a decent, reasonable landlord is tainted or accused of being a bad landlord. If there were a national register, it is important that they should be able to quickly appeal erroneous decisions.

Although I am not well versed, I have a little experience of cab licensing, which involves people’s livelihoods. Accusations obviously need to be properly investigated, but frivolous accusations should not be detrimental to a person or company being able to earn their livelihood.

I will keep this fairly short, as I am conscious that a lot of people want to speak. On the Government’s track record, I applaud last year’s £5.4 million year-long pilot in five local areas, which has created the evidence base to say that this is required. I strongly agree with my hon. Friend the Member for Harrow East that a panel of experts should feed into policymaking but, ultimately, decisions should be with the Minister and the Department. Although they will happily allow the input of good-quality evidence and data, it is for politicians to make policy. I applaud the independent panel, but the executive policy positioning and levers remain with the Department.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the shadow Minister, Matthew Pennycook.

Management of the Economy and Ministerial Severance Payments

Baroness Winterton of Doncaster Excerpts
Tuesday 15th November 2022

(3 years, 4 months ago)

Commons Chamber
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Anthony Browne Portrait Anthony Browne
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Just for clarification on the data—I will provide all that to you afterwards—as I said, home ownership rates went up through most of the 20th century. They reached a peak, you are right, under the last Labour Government, and they started falling—

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. I remind the hon. Gentleman that it is not me who has been doing that. The hon. Member knows that he needs to address “the hon. Lady”.

Anthony Browne Portrait Anthony Browne
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Home ownership rates peaked under the last Labour Government but then fell under that Government, and they are now going back up.

Rural Communities: Housing and Planning

Baroness Winterton of Doncaster Excerpts
Wednesday 20th July 2022

(3 years, 8 months ago)

Commons Chamber
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Ben Everitt Portrait Ben Everitt
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I thank my hon. Friend for that intervention. I totally agree; in fact, I was happy to co-sponsor his ten-minute rule Bill, so I am very familiar with the situation. I found it frustrating and amusing in equal measure that in a recent by-election in Chesham and Amersham, the Liberal Democrats campaigned against development, and yet in Eastleigh, as we have seen, they are acting as both a mega-developer and the planning authority. This is the point at which democratic oversight has clearly failed, because there is no superior power. The council is both the developer and the planner. So we need to get local leadership into the planning system that fits with the local vision, but ultimately loops round to engagement with local communities so that people can have their say in what they want, and not experience the like of the situation that my hon. Friend has described, where they feel like they are being built around and villages become suburbanised as part of sprawling developments.

I have long believed that town planning should strengthen family bonds. We need sustainable planning policies that keep families together, so children can live near their parents, and grandparents can live near their children—think of the childcare benefits. Ultimately, that is better for society and better for our local economies, and would demonstrate genuine learning from the pandemic.

Sustainable planning is also about understanding the people who live in rural communities, their needs and their livelihoods, and how those differ from those of more built-up urban environments. Sustainable planning keeps communities together, rather than pulling them apart.

Not only do we need to make housing and planning more sustainable, but it needs to be appropriate. In my experience both as a councillor and now as a Member of Parliament, the worst way to do developments is to put up huge sites that swamp villages and suburbanise market towns. Why? Because it is bad for nature and biodiversity, worse for farmland and food production, and worse still for rural communities. Small and medium enterprise builders tend to come off badly as well, getting locked out of the market, which reduces competition. As a Conservative, this contradicts the political values that I stand for. And this simply cannot continue.

The data backs that up. Rural areas are 18% less productive than the national average. But where there is a large gap, there is opportunity. If we can make a concerted effort to close that gap with appropriate growth, it could add £43 billion to the national economy alone.

When we talk about levelling up, we often talk about increasing economic growth in ways that we have not yet imagined. But one area that we know would promote that is the link between good planning and economic growth in rural areas. Planning policy is a multiplier. It influences housing allocation, socioeconomic conditions and the wider environment. If we view planning as just being about houses and physical infrastructure, we ignore those wider impacts and the potential for structural policy change.

If we can truly realise the appropriate planning policies that we need, we can start to build sensitive yet beautiful smaller housing for young people, their families, and older people. That not only supports housing targets with appropriate housing, but could also free up the logjam within the existing housing stock.

However, appropriate housing planning is conditional to affordability. Affordability in rural communities is of critical importance. Data from 2019 shows that only 9% of rural homes were affordable, compared with 19% of homes in urban areas. Lack of affordable homes in rural communities is a huge problem, as young people and young families find it harder to get on the housing ladder. I am very clear that the Government must commit to a single definition for affordable housing. That way, we can start building homes that are genuinely affordable in the areas where they need to be built. Without that, young people and young families will continue to be locked out of the housing market. The lack of affordable housing is as much to do with land supply, material availability and labour supply as it is to do with the type of housing that gets built. Those issues also need to be tackled.

On a positive note, affordable homes can unlock underutilised economic potential in rural areas. I know how crucial that could be for many other Members whose constituencies are also home to rural communities. For every 10 affordable homes built, research shows that the economy can be boosted by £1.4 million, creating 26 jobs and generating a quarter of a million pounds in Government revenue. It does not take a maths degree to know what happens if we can implement this strategy at scale. That is why I keep banging on about this. If we set manageable localised targets and work co-operatively with town planners and developers, we can turn up the gears on economic growth, while providing a future for the younger generations in areas where we previously thought it might be difficult to do so. I am optimistic that we can achieve that.

The fourth and final pillar is a proportionate approach. We all know that Rome was not built in a day—and, of course, neither was Milton Keynes. Now a city, it is 55 years old. It has taken 55 years to get to where we are and we are still building it. Up to this point, it has taken considered, careful planning, because—this is really important—communities do not grow overnight. Communities are nurtured. Taking a proportionate approach means scaling housing developments to the areas they are built for. For rural areas, it is much more efficient to have smaller scale development, where as few as 10 homes or a similar sized development in each village would solve the existing rural housing crisis.

By taking a proportionate approach, the identities of market towns and villages can be protected, while ensuring there are enough homes for everyone, including young families. Gentle, beautiful density can work in villages as much as towns, so long as we build the right kind of houses in the right place, at the right time and at the right rate. We all know that more houses are needed, but a tailored approach must be taken in rural areas. It should not be as hard as we are making it for ourselves.

What is abundantly clear is that our planning system also requires radical reform. While not a technical term in the world of planning, we need to make the planning profession sexy again. We can achieve that by implementing a series of changes and innovations to level up planning in the UK. First, we need to modernise the planning system and existing methods of construction. In practice, that means we need to be more digital, more codified and more transparent. Bringing the planning system into the 21st century should be a priority in any successful levelling up agenda. Let us be honest: a digitised planning system would represent a more desirable industry for young, talented people to begin their careers. The benefits would be twofold: far more efficient planning and a higher influx of talent into the sector.

Backing that up, we need to invest in degree apprenticeships for planning. We need to work with degree apprenticeships providers to build up to date curriculums that reflect a modern approach to planning. If we can get more people into those types of programmes, we can put the brakes on the brain drain in the private sector. We can also make structural changes to attract more talent into the sector. Local authorities need to be supported in providing appropriate resources to planning departments.

Better resource allocation equals more efficient planning departments, which in turn will make planning more desirable. Even smaller changes, such as making the role of a senior planner akin to that of a deputy chief executive, could change that narrative. Levelling up our planning system will be for nothing if we do not stop the brain drain, so I am strongly in favour of an integrated approach. With the modern reforms I have mentioned, I truly believe we can build beautiful houses that are not just identikit cut-and-paste estates. This is about taking pride in planning again and taking pride in the homes that we build.

But I want to offer a word of caution: while we rightly move at speed to achieve these changes, we must rely on local leadership within the levelling-up agenda. We know that there is an important cycle in levelling up: education, skills, jobs, inward investment, business growth and infrastructure growth all lead to local economic growth and more jobs, and we do not even know yet the skills needed for those jobs, so that loops back into education. Some or all of these themes could require some form of Government intervention at some point, depending on the local circumstances. That means local leadership is key, as is remembering that levelling up is about opportunities and that people and their homes and communities are at the heart of this cycle.

The Levelling Up and Regeneration Bill will be vital in catalysing this cycle, but, first, housing development planning must change, and fast. It is the hardest, most expensive, most time-consuming bit to do, but it is the most important. When we do not focus on sustainable, affordable, appropriate and proportionate housing, the results are detrimental to many and the environment.

I have seen this in my own constituency, where the MK East development encapsulates what can go wrong. This development does not respect the character of local villages—a factor I know my constituents care deeply about. Secondly, it takes farmland out of production during a time when the world is facing a food crisis, when instead we need all our farms to be at full pelt. How can this be considered sustainable, appropriate, affordable and proportionate?

When local leadership lacks clear policy direction, it fails, and we end up with poor planning. I argue that local leadership needs to be informed of new policy and, critically, the four pillars that I have put forward today. Of course, there are reasons to be positive and I welcome the recent White Paper on the private rented sector. However, there is always more to do if we are to truly look forward to levelling up housing quality across the country.

Whether as MP for Milton Keynes North or through my role as chair of the all-party group on housing market and housing delivery, I will continue to bang the drum on this issue. We must integrate planning with the needs of rural communities and the villages and towns within which they live, making housing more sustainable, appropriate, affordable and proportionate. Only then will we be able to protect our bustling high streets and thriving local businesses, which provide so much of our great country’s unique and enduring character.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call Minister Marcus Jones.

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Marcus Jones Portrait Mr Jones
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I will make a little more progress and, if I have time at the end, I will give way.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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The Minister has not been given a lot of time to respond.

Marcus Jones Portrait Mr Jones
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Thank you, Madam Deputy Speaker. A core part of our levelling-up White Paper was how we make sure that, alongside globally competitive cities that are dotted around the country, we have thriving rural communities. Our view is that levelling up for rural areas should preserve what gives those areas an identity and what makes them special—the things that draw in millions of tourists to many of our rural areas because they are the most beautiful parts of our country. As a Government, we recognise that the needs of rural areas and the needs of urban areas are often profoundly different.

The Levelling Up and Regeneration Bill, which is weaving its way through Parliament, will deliver a planning system that puts further power back into the hands of communities. My hon. Friend the Member for Milton Keynes North has spoken about the need for a less adversarial system of planning rules and the need to get communities involved at a much earlier stage in decisions. That makes me think that he must have had some role in drafting the Bill, because that is exactly what we have set out to do.

The Bill will place a duty on local authorities to engage with their communities on proposed plans and reform the process for producing plans, so that it is simpler, faster and easier for communities to engage with. The days of residents ploughing through dozens of PDF files set out in a confusing manner should be over. This will be a clear opportunity for local people to get involved at a key stage in the planning process, with longer minimum periods for engagement than there are now. That will be made easier by plans being shorter, with more accessible documents. At the same time, we will increase the opportunities for involvement to ensure that development is brought forward in a way that works best for local people.

The Bill includes measures to improve our planning system and to bring it into the 21st century by digitising it in a way that helps to radically improve people’s access to the relevant information about plans and planning applications, while removing barriers to engagement by creating a more democratic planning system with planning decisions and local plans being informed by a larger and more diverse range of community views. Our new measures will also give neighbourhoods greater say in how their area looks and feels. In practice, that means that they can help define things such as design codes so that they can shape how their area looks. That kind of transparency will make the process smoother for all parties, while putting more power back where it belongs—in communities’ hands.

I will also cover what we expect from local plans. At the most basic level, local plans are responsible for identifying what development is needed in an area, setting out where it should go and, in doing so, providing certainty for communities, businesses and developers. Any local plan has to pass through a series of checks and balances, including a public consultation and public examination in front of an independent inspector, who is charged with examining plans impartially to make sure that they are legally compliant and sound. Councils can adopt a plan only if it is sound: it should be consistent with national policy, be supported by evidence and, importantly, take the views of local people into account.

I will not comment on the content of the local plan in Milton Keynes that covers my hon. Friend’s constituency, but I know that it was adopted in 2019, so it is less than five years old. An up-to-date plan is crucial, because it reduces speculative development, supports our villages and towns to develop, and can be written in a way that preserves the unique character of their communities. We would expect local planning decisions in Milton Keynes to be made in a way that is consistent with the local plan and that honours the agreement made between the local council and the local community when the plan was formed.

One area in which rural communities have much in common with urban communities is that they all want more affordable housing. As my hon. Friend points out, house prices have continued to defy gravity for years and years, which has had a profound impact on many people who want to become homeowners but have been priced out of the majority of homes in their area. I agree with my hon. Friend that affordable homes are key to ending the housing crisis. Local communities like those of his constituents in Milton Keynes rightly want and expect the Government and local authorities to deliver the kind of homes that help their children and give young people and older people who have always lived in an area the chance to buy their own home.

If we are serious about levelling up and restoring people’s pride in their communities, we have to match our commitment with affordable homes that give local people the opportunity to stay local. We need to rectify the situation, and we have a plan to do so. Our landmark affordable homes programme is one of the central ways in which we are making that happen. Between 2010 and 2021, the scheme has delivered more than 212,000 affordable homes in rural local authority areas. It recognises the needs of rural communities, which is why between April 2015 and March 2021, 10% of all new affordable homes were built in villages with a population under 3,000. The value of those homes goes way beyond mere statistics: each one has the potential to transform the life of hard-working families in an area.

The Government share my hon. Friend’s determination to protect rural communities and strengthen the fabric that holds them together. Once again, I thank him for securing this debate; with so much focus on other events, it is important that in this House we keep discussing and debating the issues that make a real difference to people’s lives. I can only apologise that I could not get into the specifics of some of the constituency matters that he has mentioned. As he knows, we have further to go on the issue and we need to get the balance right between protecting green land and ensuring the homes that the country needs for the future. I look forward to continued dialogue with my hon. Friend, who is a champion for his local area, as the Levelling-up and Regeneration Bill goes through the House. I very much welcome his engagement tonight.

Question put and agreed to.

Private Rented Sector

Baroness Winterton of Doncaster Excerpts
Thursday 16th June 2022

(3 years, 9 months ago)

Commons Chamber
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Eddie Hughes Portrait Eddie Hughes
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We have approximately 19,000 letting agents in this country and they need to belong to one of two landlord redress schemes. My understanding is that that is working quite effectively, but I am happy to meet and discuss any proposals that the hon. Lady might have. She is well informed in this area. I often see her in the Chamber discussing all things housing, so I value her contribution.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I thank the Minister for his statement.

Grenfell Tower: Fifth Anniversary

Baroness Winterton of Doncaster Excerpts
Thursday 16th June 2022

(3 years, 9 months ago)

Commons Chamber
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[Relevant Documents: Seventh Report of the Housing, Communities and Local Government Committee, Session 2019-21, Cladding RemediationFollow-up, HC 1249, and Seventh Report of the Levelling Up, Housing and Communities Committee, Session 2021-22, Building Safety: Remediation and Funding, HC 1063; and the joint Government response, Session 2022-23, CP 863.]
Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Before we come to the important debate on the fifth anniversary of the Grenfell Tower fire, I remind Members that, under the terms of the sub judice resolution, they should not refer to active legal proceedings in the debate. That includes proceedings on inquests.

Levelling-up and Regeneration Bill

Baroness Winterton of Doncaster Excerpts
Munira Wilson Portrait Munira Wilson
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I know the hon. Gentleman was desperate to get an extra minute. He is making a really impassioned speech and I agree with much of what he has said so far. He mentioned developers snapping up greenfield sites. In my constituency, the local community rose up to protect a site called Udney Park Playing Fields in Teddington, and thanks to a legal challenge it is now protected green space. The developer, however, will not now sell the site back to the community despite a good bid to turn it into playing fields, because they paid over the odds and they will wait years and years until planning policy changes. Meanwhile, the site is going to rack and ruin. Do we not need powers to tackle that?

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. We need short interventions, because there are many people who wish to speak.

Bob Seely Portrait Bob Seely
- Hansard - - - Excerpts

The hon. Lady makes a very good point. She will probably have to wait 10 to 15 years. There will be a form of planning blight on that land. We have the same with an awful development on my patch called Pennyfeathers, which I wish had never been built. I wish the Secretary of State or, indeed, the wonderful Minister for Housing, had the powers to say no to it; we could go back to having a vineyard and green fields there, as there should be.

I am very supportive of my colleagues on the Conservative Benches who have made speeches this afternoon, but let me turn briefly to amendments. Targets are the bane of so many of my colleagues. They need to be advisory, not mandatory, and I remind the Government that neighbourhood plan areas tend to say yes to more developments because they get the chance to shape them. If we do not feel that developments are being shoved down our throats, and that we can shape them more, the Government will have greater success.

The Secretary of State has heard from my hon. Friend the Member for Wantage (David Johnston) and others about the pernicious loopholes, the vandalism of sites of special scientific interest and the way people corruptly game the system. Why is character not grounds for opposing development? Why can we not shut down those loopholes that do such damage to our countryside, national parks and AONBs?

I know this is not a tax Bill, but fundamentally we need to find an effective way of changing the economics from greenfield to brownfield sites, so that the half a million or a million properties on brownfield sites are developed. We also have a second homes problem, not only on the Island but in Cornwall, the lake district and other areas. We need to respect property rights, but communities in my patch such as Seaview, Bembridge and Yarmouth must not become Potemkin villages that are empty for much of the year. We must have a community that stays there.

There will be a series of amendments to the Bill, and I assure the Minister they will be as supportive as they can be, but I will finish with something close to my heart: compulsory purchase. I want the Government to give more powers to councils for compulsory purchase. In Sandown, a town in my patch, a Mr Steven Purvis owns the Ocean Hotel and is fighting forced redevelopment tooth and nail. Nick Spyker owns the Grand Hotel in Sandown. Those places sit empty year in, year out.

Sandown is crying out for investment. The Island cannot afford owners who, for whatever reason, keep those properties as empty eyesores, damaging our communities, our public health and our economy. We must ensure that our councils have the power to say to people such as Purvis and Spyker, “Invest, or jog on.” There will be a lot of amendments to this Bill, many of them supportive, but we need to get a grip and we need to drive development and levelling-up forward.

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Olivia Blake Portrait Olivia Blake (Sheffield, Hallam) (Lab)
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The Government’s levelling-up White Paper states:

“While talent is spread equally across our country, opportunity is not. Levelling up is a mission to challenge, and change, that unfairness.”

I want to talk about an unfairness that is at the heart of inequality in the UK, and why I think the Bill lacks the ambition to address it.

There is a housing crisis in Britain, and my city is at the sharp end of it. In 2021, there were 21,615 households on Sheffield’s housing waiting list. Between 2020 and 2021, nearly 3,000 Sheffield households were made homeless or threatened with homelessness. Sheffield has also experienced one of the largest increases in annual rental demands in the country. From 2020 to 2021, there was a 46% increase in the number of private renters claiming housing benefit to help pay the rent. A 2019 Sheffield and Rotherham housing market assessment found that, in 13 of the 19 areas in our region, one third of all households were priced out of private renting altogether. After 12 years of stagnating wages and savage cuts to our local services, and now soaring inflation, the situation is getting far worse, not better.

Without action to tackle the housing crisis, the words “levelling up” will ring hollow to many of my constituents and the 17.5 million people across the UK who are also affected. The failure to invest in good-quality, genuinely affordable social homes lies at the root of their problems and at the root of the housing emergency, so surely that is where the Government should start.

But that is not what the Bill proposes. Rather than mandate for a boom in affordable and social rents, the proposal for an infrastructure levy only guarantees that affordable housing will be built at the same rate as it is now. But the status quo clearly is not working. Between 2015 and 2020, there was a net loss of more than 1,500 social homes in Sheffield. Only 229 new homes could be built by the local authority, and 1,800 were lost through right to buy. Our city council is ambitious and has embarked on a programme to build more than 3,000 new council homes by 2029 but, without proper support, that will not be enough to tackle Sheffield’s housing emergency.

The conditions in the Government’s affordable homes programme have made building good-quality social housing in Sheffield almost impossible. Until 2021, geographical restrictions stopped us from receiving funding altogether, despite the great waiting lists that we have. Even though Sheffield is now eligible, the way in which money is allocated is still producing problems. To ration a small national pot of money, the Government have mandated that schemes with the cheapest cost per home be prioritised. Delivering good-quality, environmentally friendly, disability-accessible social homes is often not possible because they cost more to build than other types of affordable housing. Social housing should and could be a source of quality, innovation and even excitement for our communities, but the programme bakes in a lack of ambition for the delivery of our housing stock. We should be providing families with a home, the asylum for so many people. People cannot get on in life if they do not have access to good-quality housing. That is a fact that we need to acknowledge and take seriously, but the Bill does nothing to address it or to address the rapid decline in affordable housing. What Sheffield needs to level up is a plan to build good-quality affordable social homes, but, as ever with this Government, what we have is a wasted opportunity and more of the same.

I did not expect to come here today and hear light entertainment from Government Members, but I have to say that I am pleased that the Secretary of State seems to have given up on his ambitions to audition for—[Hon. Members: “Time!”] My apologies. I will stop.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Would the hon. Lady like to finish?

Olivia Blake Portrait Olivia Blake
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It is fine—don’t worry. They don’t want to hear it.

--- Later in debate ---
Baroness Winterton of Doncaster Portrait Madam Deputy Speaker
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I call Angela Richardson.