Levelling-up and Regeneration Bill

Stella Creasy Excerpts

Report stage
Tuesday 13th December 2022 Commons Chamber

[Lucy Frazer]

My hon. Friend is a strong advocate for his area; I have dealt with him in a number of Departments, and he stands up for his community on every issue. I am grateful for the work he has done to make sure the Bill overall comes out in a good place, and I know he has also spoken to my colleagues on a number of issues.

On the amendment on childcare, I should emphasise that there is a list of what constitutes infrastructure for the infrastructure levy, and it is a non-exhaustive list, so it will be possible for other items to be included. It is drafted purposefully to give local authorities wide powers to apply the levy to infrastructure that is important and needed in their local area. It contains illustrative examples of what might be included as infrastructure, but in any event the levy will be able to be spent on childcare facilities such as nurseries and pre-schools, as these fall under the definition of

“schools and other educational facilities”

already included in the list.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I know the Minister has tried to take account of these concerns, but from what she has just said, it is not the case that childcare would, unless it is connected to a school, be considered part of this. So what amendment 2 does is set out that, whether it is a nursery, a toy library or a childminding setting, if local councils felt that was something that needed to be done, they could work with developers to deliver it. Will she make that commitment, and most importantly will she write it down? It is one thing to make a commitment at the Dispatch Box, but those of us who have dealt with local government know that it needs to be in the guidance and regulations for us to truly declare that childcare is infrastructure.

[Lucy Frazer]

I totally understand the hon. Lady’s points, and it is crucial that children get the support, care and education they deserve. It must be the case that nurseries and pre-schools fall within the definition of

“schools and other educational facilities”,

which is in the list at proposed new section 204N(3)(c). There is also a question about the provision of the care within that: that would not fall within the definition of infrastructure per se, but proposed new section 204N(5) allows regulations to make provision about when local authorities could apply levy money to non-infrastructure items, which could include subsidising the cost of childcare places for parents and carers if this was considered a priority by the local area.

I want to give Members across the House an opportunity to speak in this debate. We believe that our amendments focus on making the planning system, and the systems that interact with it, work better, innovating and improving for the benefit of all our constituents, and I commend them to the House.

--- Later in debate ---

[Matthew Pennycook]

I agree and disagree with the hon. Lady. I agree that it is a good first step, and I disagree in the sense that the Government cannot consult for a number of years on what additional measures might be required. We are ultimately talking about local discretion to apply, whether it is use classes or a licensing scheme, but we think that, such is the acute nature of the problem in particular parts of the country, a registration scheme is not enough. We cannot wait until 2024 for additional measures.

[Stella Creasy]

Does my hon. Friend, like me, share the sense of mysticism that I suspect parents around the country will feel about the fact that the Government consider childcare to be a “non-infrastructure item”? The Minister just said that—I hope she misspoke. Parents recognise that, just as we fund roads so they can drive to work, funding childcare helps them get to work. That is why many local authorities do not do deals to invest in childcare and make sure it and childminders are part of our local economies. That is why we need things such as amendment 2.

[Matthew Pennycook]

We believe it is essential that the infrastructure levy is designed and implemented in a way that, first and foremost, ensures local authorities deliver the necessary amount of affordable housing and core infrastructure to support the development of their area. For that reason, we raised concerns in Committee about the possibility that the levy could be spent on non-infrastructure items such as services that are wholly unconnected to the impact of development on communities, without those needs having been met. However, as my hon. Friend knows—as any parent knows—childcare is infrastructure. Given the acute pressure on childcare places in many parts of the country, we agree that there is a case for explicitly making reference to childcare facilities in the list of infrastructure in proposed new section 204N so that local authorities are aware that they can use levy proceeds to fund it as part of developing their areas.

There are a number of useful provisions in the Bill that we support, but we fear that any benefits that might flow from them will ultimately be undermined by others that risk causing serious harm, whether it be to already low levels of affordable housing supply, the status and remit of local planning or important environmental protections. If the legislation before us were only an idiosyncratic mix of the good, the half-baked and the bad—a typically Govian curate’s egg, one might say—that would be disappointing enough. What adds to the frustration we feel is the fact that, in a larger sense, it represents a real missed opportunity to enact the kind of planning reform that is required to meet the multiple challenges that we face as a country: to tackle the housing crisis, to respond to the climate emergency, to address our rapidly degrading natural environment, and to better promote health and wellbeing.

We have a chance today to overhaul the Bill in a number of important respects. We have a chance to rectify the aspects of it that are problematic and enable it to address the vital issues on which it is currently silent, and I urge the House to come together to do so.

--- Later in debate ---

[Sir Gary Streeter (South West Devon) (Con)]

I rise to speak to new clauses 8 to 11 in my name and the names of other hon. Members.

As chair of the national parks all-party parliamentary group, and with a delightful corner of Dartmoor in my constituency, I am pleased to propose these new clauses. As we all know, national parks provide many benefits to nature, climate, heritage and culture. However, they are underpinned by an outdated legislative framework, which prevents them from realising their full potential for people, nature’s recovery, the 30x30 initiative and the Government’s net zero goals.

The Glover review of protected landscapes in 2019 highlighted these issues and put forward a package of recommendations to address them, the majority of which, to be fair, were accepted by the Government in their response to the review. But it is time that we implemented them to make best use of the rich natural heritage that we have been blessed with in our country. The new clauses that I have tabled could act as a vehicle to take forward the Glover review’s recommendations.

National parks play a key role in furthering the Government’s levelling-up mission, particularly in having a positive impact on our health, wellbeing and pride of place. Given this Bill’s focus on environmental matters and the planning system, it provides the perfect opportunity to implement the Glover recommendations to strengthen national parks as planning authorities. We must take this opportunity as these next few years are vital for meeting the commitment to protect 30% of England for nature by 2030, for halting the decline in species abundance and for making progress towards net zero.

New clause 8 delivers on proposal 1 in the Glover review to give national parks a renewed mission to recover biodiversity and nature. Natural England has found that only 26% of the protected habitat area inside national parks is in favourable condition, compared with 39% for England as a whole. The new clause seeks to address this disparity by recognising that we have a role not just in protecting national parks, but in actively strengthening and recovering them. It also delivers on proposal 7 of the Glover review, which proposed a stronger mission to connect all people with our national landscapes.

National parks have invaluable potential to improve people’s connection with nature and our levelling-up goals require that we should all enjoy equal access to nature across the country. During the lockdown, we learnt that, if we did not already know it. Natural England has shown that, if everyone has access to a green space, we could save the NHS more than £2 billion a year.

New clause 9 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. The Government have already said that national park management plans should contain

“ambitious goals to increase carbon sequestration”

and

“set out their local response to climate adaptation”.

New clause 10 helps in setting out realistic goals for national park improvement. That would deliver other key elements of proposal 3 in the Glover review, that strengthened management plans should set clear priorities and actions for nature’s recovery and climate in national parks, and that legislation should give public bodies a responsibility to help prepare and implement management plans.

New clause 11 seeks to address Glover’s ambition to increase skills and diversity on national park authority boards. The Government’s response to Glover committed to measures to ensure that boards

“have more flexibility to balance diversity and expertise”

and proposes

“a more merit-based approach”.

So let us get on with it. The new clause would deliver this flexibility, removing the restrictive legislation referred to in the Government’s response, and ensure that boards are better equipped to deliver national park purposes. I am supported in these new clauses by the Better Planning Coalition, representing 27 organisations across the key sectors of the environment, housing, planning, and heritage.

I had a positive meeting last week with the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Copeland (Trudy Harrison), who is responsible for national park policy. She is committed to working with national parks to bring about the bright new future that Glover anticipates and I hope that those on the Front Bench today will assist her in that vital mission.

[Stella Creasy]

The “Levelling Up” White Paper set out a mission that by 2030 the number of primary school children who were achieving the expected standards in reading, writing and maths would be increased. That cannot be done without investing in early years. We already see the impact of the failure to do that, with children from disadvantaged backgrounds being 11 months behind their peers in terms of development by the time they get to primary school. Investing in early years is what bridges the gap.

We know that our early years sector is in crisis. Since 2019, 500 non-domestic early years childcare settings have closed, 300 in the last year alone. Some 65% of those closures took place this summer. In total, there are 5,500 fewer providers of early years services than there were just a few years ago, and 95% of those providers say that it is the current levels of funding and investment that are driving them out. Crucially, that is happening most in the areas that need that provision most: 15% of closures are happening in deprived areas.

I really hope that the Minister will listen to the case I make today, because it should be a no-brainer. It is not just about seeing children as part of our future and it being worth investing in them as infrastructure. Some 64,000 more women of working age are out of work today than were last year, and 35,000 of them say that caring commitments stop them going to work. I tabled amendment 2, because our economy cannot afford not to realise that childcare is infrastructure. We must realise that making sure people have the right roads and resources to get to work must include ensuring that their children can be cared for.

A report by the Centre for Progressive Policy shows that if women had access to adequate childcare they could increase their earnings from £7.6 billion to £10.9 billion. What would that mean for the Exchequer, which should be here supporting this amendment? The Women’s Budget Group estimates that 1.7 million women are prevented from taking on work for childcare reasons. That costs the economy £28 billion a year. Amendment 2 and unlocking resources for childcare would be a win-win for our economy and for our communities. It would be an investment that would save us money. It is also right that developers should play their part.

Comparing Ofsted and Office for National Statistics data shows that since 2014 the rate of population growth outstrips the growth of the childcare sector in 116 out of 149 local authorities, including 15 of the 20 areas with the highest population growth. The National Childbirth Trust now tells parents to put their not yet born children on the list for childcare providers, because there are not any and getting one is almost impossible.

I see the problem first hand in my local community. The brilliant Walthamstow Toy Library is about to be yet again kicked out of its building because developers want to turn it into flats. Those developers looked completely blank at the idea that they would invest in providing a space for that service because it has such an impact on our local community. That is happening across the country: vital resources that help parents get to work and to develop our children are not getting the funding that they need. The Minister could change that if she would just make it explicit that the provision is not about educational settings. The list that she has now covers nurseries that are attached to schools, but what we are talking about is any form of childcare and revolutionising the funding that is available.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

The hon. Lady has done an excellent job in highlighting this issue in the context of the debate, but I have some sympathy with the Government’s position on this. Does she recognise that the Department for Education guidance on this matter in November 2019—and it is a DFE matter, not a DLUHC matter—explicitly states that early years and childcare is something that local authorities can use in seeking a section 106 contribution from a developer? It is already in the regulations, which I was not aware of when I put my name to her amendment. Does she also acknowledge that, while we are all sympathetic to her point about maintaining affordable childcare, developer contributions are as a rule capital only for the provision of buildings and facilities, and may not be used for the ongoing support of day-to-day services?

[Stella Creasy]

The hon. Member heard the words of the Minister, who called childcare a non-infrastructure item. He will know of examples, as we all do, of councils building in payments for police community support officers or ongoing maintenance as part of a development. If he is right that developers could do this, why oppose writing it into the Bill to put it beyond doubt and make sure that developers and councils know they can do it?

Passing amendment 2 is about saying the words that my party’s Front-Bench spokesperson said and, frankly, the hon. Member’s did not: “Childcare is infrastructure. The mums listening right now who feel invisible do matter. The services that would help them get back to work do matter. Parents are as important to us as potholes.”

[Siobhan Baillie (Stroud) (Con)]

The hon. Member, the Minister and everyone in the House knows that I have campaigned for and championed changes to childcare policy. The Minister absolutely did not dismiss or dilute the Government’s commitment to changing and supporting childcare. Amendment 2 covers two separate things: childcare facilities, and whether community infrastructure levy funds can be paid for ongoing amounts. It is important to be clear about that.

[Stella Creasy]

I quote back the words of the Minister, who talked explicitly about how non-infrastructure items could include subsidising the cost of childcare. If we subsidise police offices or anti-fly-tipping activities, why would we not subsidise parents to get to work? We have an opportunity—

[Siobhan Baillie]

rose—

[Stella Creasy]

I am sorry, but I cannot give way, because of the time. The hon. Member will have her say too.

Amendment 2 would put childcare on an equal footing. Why are we making this form of infrastructure second best? Why are we debating the matter when it seems that there is common agreement? We all recognise, if we have dealt with local government, the need to clarify things and put them in legislation. The right hon. Member for Ludlow (Philip Dunne) talked similarly about waste and water infrastructure, and the Minister was happy to confirm that that was covered. We need to give councils a clear line, and that is what I am looking for from the Minister today, because I think she has actually muddied the water somewhat. We must ensure that we write things into legislation so that we put these debates beyond doubt.

Let us do this for the sake of our children and our economy, and for all the women sitting at home right now watching the debate because they cannot get the childcare they want to be able to get back to work and pay taxes. This is a cross-party issue, but it will divide the House, and it will send a clear message about whose side we are on when it comes to those parents. The amendment would mean the world to all those parents who are struggling to find affordable childcare places right now. I pay tribute to Pregnant Then Screwed for setting out so clearly the impact that it could have, because investment in childcare pays for itself.

I ask the Minister to rethink her words, to say clearly that childcare is infrastructure, and to write it down in the legislation in the way that she has for water and waste, so that parents and potholes get equal attention from us in this place.

[Chris Grayling]

I rise to talk specifically about new clauses 3 and 5, but first I should make a point on the broader housing issue. My constituency is the smallest borough in my county, and it is the most densely populated part of my county. It was never realistic for the centrally designed targets to apply to an area where we were being asked to increase the housing stock by about 25% to 30%. I praise Ministers for reaching what I believe to be a sensible compromise.

I am very much in favour of new homes in my constituency—I have argued for a number of new developments, and I continue to do so—but house building cannot be simply unrestricted. It cannot be at the level that a formula requires; we must apply common sense. My right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely), in negotiation with the Secretary of State, have come up with a sensible way forward that will deliver extra housing—I passionately believe that we have to have extra homes in my constituency—but in a sustainable way. We must remember that the national planning policy framework requires us to strike the right balance between three things: building new houses, looking after the local economy and looking after the local environment. I believe that what we have on the table now will deliver that.

I turn to the new clauses. On solar power, I have a simple message for Ministers. I cannot understand why we have not reached a point where it is mandatory to put solar panels on the roof of every new building in this country. Although I do not think new clause 3 will take us through the Division Lobbies tonight, I strongly urge Ministers to work across Government to deliver that. When I was Secretary of State for Transport, I argued that the Department for Levelling Up, Housing and Communities should insert a requirement for a charging point in every house with off-street parking. I still believe that, but there is really no reason at all not to have solar panels on the roof of every property, whether or not it has parking space. It should be a central part of our future strategy, and I strongly urge Ministers to adopt it.

New clause 5, which I have personally pushed forward, is what I describe as “the hedgehog amendment”—I speak as the parliamentary species champion for the hedgehog—but it is much broader than that. It is about saying that it is simply wrong for a developer to be able to acquire a site and clear it without doing a proper holistic survey of the ecology on that site. It is absolutely vital that, as we are a Government who believe in strengthening biodiversity safeguards in this country, there should be tight rules for developers. They are obliged to do surveys for the presence of bats and newts, but there are a whole range of other vulnerable species that do not fall under that requirement. I want to see very clear legal rules that say, “You buy a site, you survey what is there. If you identify vulnerable species on the site, you have a duty of care to those vulnerable species to relocate them and provide alternative habitats.”

The Government have done good things on biodiversity net gain, but I want to see a situation where a vulnerable species on a site is not likely to be cleared away by a bulldozer. That does happen—there was an horrendous case in the west country recently. About 20 hedgehogs were killed by the reckless clearance of a site. We have all seen it in our constituencies. Developers do it to create the sense of, “Well, it’s a wasted site anyway. We cannot use it again, so you should give us consent to build houses on it.” My new clause provides a way to ensure that does not happen.

I want to pay tribute to the Minister. We have had some very constructive dialogue on this issue and I know she is pretty sympathetic to the aims I have put forward. What I ask of her today—I think she may have a clear sense of how we can go forward—is, in her closing remarks, to set a direction for the Government that will provide the actual protections I am seeking, which will reinforce the work we have already done to protect biodiversity and ensure the particular ability of developers to come in and clear a site is absolutely precluded in law. I wait with interest to hear what the Minister says in winding up. I praise her for what she has done so far on housing and on many other aspects to the Bill. I hope she will also be able to deal with this aspect, the biodiversity issue, in her remarks and as we go forward.