Houses in Multiple Occupation: Combined Planning Applications

Debate between Stephen Pound and Lord Hanson of Flint

Wednesday 21st March 2018 Westminster Hall

[Stephen Pound]

I seem to have struck a nerve. This issue is not unique to Perivale. Perivale may be unique, but in this matter it is not, quite clearly. The point is that at the moment local residents are profoundly disturbed because they see the character of their area changing and there is nothing that the planning officers can do. Last Sunday week, Councillor Tariq Mahmood, a local councillor, and I met the residents in the street, in Wyresdale Crescent, and to my horror I discovered that three local residents—families I have known for years—were selling up and moving out because they could not stand the character of their street changing from a quiet residential backwater into a row of houses in multiple occupation, and of course that then accelerates the process. Those three sell up, and before we know where we are we have a constant row of them.

I am not implying for a moment that the people who live in HMOs have riotous parties all night. This is about the number of people. There are issues of parking and refuse collection, as well as the drain and demand on local services. When Councillor Mahmood and I and the other two Perivale ward councillors, Councillors Charan Sharma and Munir Ahmed, went to see the chief planning officer at Ealing, David Scourfield, he said in effect, “My hands are tied; there is very little I can do,” and he referred to an article 4 direction, which I will come on to in a moment. Despite the fact that it is a total and utter waste of time and a complete irrelevance, it happens to be statute law and therefore I shall refer to it.

In the situation that I have described, what recourse is left for local residents? One of the residents has done an enormous amount of investigation and discovered that five of the properties, each one registered with a different company, are in fact all related to the same company. They all come back to the same addresses, in two cases outside the United Kingdom, and even outside the continent of Europe. Why could it not be a legal requirement for people to say that when making these multiple applications? If one company—David Hanson plc of north Wales, for example—decided to build 50 HMOs in Perivale, it would have to declare it. You would also have to declare it to the House authorities, Mr Hanson, but that is neither here nor there. However, at the moment companies do not have to declare that, because each application is considered individually.

The draft London plan, to which I referred earlier, does recognise the importance. It says in “(H12) 4.12.7”:

“Houses in multiple occupation (HMOs) are an important part of London’s housing offer, reducing pressure on other elements of the housing stock. Their quality can, however, give rise to concern.”

Here is the issue: quality. Quality is not an issue, because building enforcement can apply in these cases, but more importantly, the fire brigade has to certify. Therefore, there is the certification process and the licensing process, but that does not solve the problem. Why does it not solve the problem? It is partly because planning permission is not required in order to be a licensed HMO. Even worse, in London there is actually a numerical limit on the number of HMO licences that a local authority can give—I cannot speak for Reading, Stoke or Northampton. That means that once that ceiling is reached, the pressure of withholding a licence cannot be used by a council to make a difference. That seems to be an anomalous situation. I can understand why and how it has come about, but it is not helping the people of Perivale, and I do not think it is helping the people of Stoke, Northampton or Reading either.

The article 4 directions are what are normally flagged up. They are normally considered to be

“backstop powers to require developers to apply for planning permission for HMO conversions”.

Councils may use them

“in cases where they have concerns about the impact of a concentration of HMOs on local objectives in an area.”

Marvellous! That is music to my ears—absolutely delightful. This is where the council has backstop powers where there is a concern about the impact of a concentration of HMOs. Sadly, all is not well. It might appear good, but this is the curate’s egg. There might be a good bit, but most of it is completely rotten.

The plan continues:

“A council has to give 12 months’ notice before it can use an Article 4 Direction”—

meaning that the powers have no use whatsoever

“for reacting swiftly or efficiently”.

It goes on:

“If a council cannot wait 12 months to use an Article 4 Direction because it would risk the best interests of their residents…they must pay compensation costs.”

I need hardly say that local authorities are under unprecedented financial pressure and simply to take the risk of having to pay in these particular cases would be untenable.

Equally:

“If a council uses an Article 4 direction, it will not necessarily prohibit the development or change of use.”

What use is it? That is ridiculous. It is as much use as a chocolate teapot. I see no more purpose in it whatsoever. It simply means that local people may have an opportunity to make representations and the elected representatives can decide on the development’s merits, but after the horse has bolted.

Article 4 directions must be reduced to get rid of the 12-month notice period and the compensation provisions. These are handcuffs. These are a ball and chain on local councils. It is impossible for a serious, sensible and concerned local council to actually act in the ambit of the article 4 direction, if 12 months’ notice must be given, plus the concentration provision. It simply makes no sense whatsoever. I believe that the Local Government Association has made representations to the Minister and her Secretary of State on this matter.

Planning law has to balance the two priorities. In the case of HMOs, I think we tended to look at it through the prism of student accommodation, or accommodation in some rundown, old areas, where it seemed to be a regeneration and gentrifying tool—in some cases it was; in some cases it was not. In the case of Perivale, it seems to me that someone has constructed a financial algorithm that says, “Because house prices here are lower than in the rest of west London, for the moment, where you can buy a three-bedroom suburban house for under £700,000”—that might raise eyebrows in Stoke but, believe me, it is pretty good value for money in west London—“if that is split into six units, you will get about £1,000 a month in rent.” Do the maths, as they say. It will work out as a very profitable arrangement. One of the people behind these companies is based in Brooklyn, New York, which is not normally closely linked with the London borough of Ealing, let alone Perivale. That suggests to me that this is a straightforward financial consideration that someone has made.

I am in no way opposed to people making a few honest bob. Good luck to them. I am quite new Labour about this. I think that people should be able to make money, but not at the expense of suffering constituents and residents, who wake up in the morning to find that what was their home—their parent’s home, in many cases—their neighbourhood and their area have changed utterly beyond recognition. What about the people moving in there? The young professionals or students moving into an HMO in Perivale are not going to be welcomed, wanted, liked or loved; it is going to be damn difficult for them.

What worries me most of all, however, is the fact that people look to their local authority, just as they look to us as Members of Parliament, to protect and defend their rights and interests. We must do that. The law should work for people, not against them. In this case, by tightening up an article 4 direction and maybe having a look at some of the other regulations within the use classes order, we can solve this problem. Now is the right time to solve this problem, because the national planning policy framework is subject to consultation at the moment.

I want my hon. Friend the Member for Reading East (Matt Rodda) to make a brief speech. Mr Hanson. I hope that I have not been overly emotional, but I cannot stress too strongly the impact of this sort of development on quiet, decent, ordinary suburban people, who have not asked for this, do not want it and cannot endure it much longer. I look to the Government to come to their rescue.

[David Hanson (in the Chair)]

I will call Mr Rodda to speak, but we must remember that the debate finishes at 4.30 pm and the Minister has to respond.

Prisons

Debate between Stephen Pound and Lord Hanson of Flint

Wednesday 25th January 2017 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

It is a pleasure to follow the right hon. Member for Surrey Heath (Michael Gove). He, like me, is one of a number of exes in the Chamber who have had responsibility for the prison service; we know how difficult it is to deal with these issues in the post of Secretary of State or prisons Minister.

The right hon. Gentleman made extremely important points about who we imprison, how we use imprisonment and how we use alternative sentences. Those points should be listened to. However, even he will recognise that there are many challenges in the current system. Judging from the current Secretary of State’s contribution, she knows that as well, as does the Labour Front-Bench spokesman, my hon. Friend the Member for Leeds East (Richard Burgon), who moved the motion. I speak today as a member of the Justice Committee, supported by the hon. Member for Banbury (Victoria Prentis), in the absence of our Chair, the hon. Member for Bromley and Chislehurst (Robert Neill). I want to set out some of the challenges as we on the Justice Committee see them.

My right hon. Friend the Member for Don Valley (Caroline Flint) told us some of the statistics, and the situation is extremely challenging. We have had six major incidents. We have also had an escape—such occurrences have been unusual over the past 13 to 14 years. Sadly, we have the very high level of 107 self- inflicted deaths, which is an increase of 13% over the previous year, and I expect that number to rise still further in the figures that will be announced tomorrow.

[Stephen Pound]

I do not want to interrupt my right hon. Friend’s flow, but he will be aware, as we all are, that on 16 December last year, Jenny Swift tragically killed herself in HMP Doncaster. The position of transgender prisoners is one that has agonising implications, and we simply have to recognise that. Does he agree that we need to do more for transgender prisoners in view of the horrendous record of self-harm and suicide that has afflicted them?

[Mr Hanson]

I agree. I think the first question at yesterday’s Justice questions was about that very issue and the Secretary of State indicated that it is a priority for the Government. We do have a number of vulnerable people in prison, and the situation regarding those self-inflicted deaths, as well as the homicides that have occurred, is extremely difficult. As we have heard, there has been a 26% increase in reported incidents of self-harm and we have a massive 35% increase in hospital attendances. We also, sadly, have a massive 34% increase in the number of assaults on prison officers. There are also increases in attacks with bladed weapons, spitting and the use of blunt instruments, which means that the situation is very challenging.

I welcome the fact that the Secretary of State has to some extent made a U-turn on the staffing cuts put in place by her predecessors. She will know that it is a real challenge to achieve an increase of 4,000 posts over the next two years to get a net increase of 2,500 officers. I know that the Committee welcomes that on the whole, but we have seen a 26% cut in staffing numbers since 2010, so we will not be anywhere near getting back to the number of prisoner officers who were in post in May 2010. The Secretary of State needs to look at how we will achieve that.

That is not the only concern we have today, however, and, in the absence of the Chair, I want to highlight some of the things that we in the Justice Committee are currently considering. I hope that the prisons Minister will respond to these key issues. As a Labour MP, I would like to be in a position to be able to implement policies now, but Labour Members will not be able to do that for some years, so we need to offer strong scrutiny to what the Government are doing. That is the key thing for the Justice Committee in the next few weeks and months.

We have now established a prisons sub-committee to look at a range of issues to do with governor empowerment and the challenges faced by the Minister. I am pleased to share a role on that sub-committee with the hon. Member for Banbury. However, we are still a little short of some of the detail about the Government’s programme. It would be helpful for the Minister and the Government, not only in the winding-up speech but in the forthcoming debates, to look at putting the meat on the current extent of their activities so that we can judge what will be taking place in whatever time they have left in office.

We can talk about what the Opposition’s alternative policy would be, but the election could be almost three and a half years away, and the Government have a key role to play before then. We have heard today that governor empowerment will take place in April—just over two months’ time. One third of prison governors will be given greater power and autonomy, but I am genuinely not yet clear about how that will work in practice, what the benchmarks will be, how Ministers will monitor those governors, what the outcomes will be for those governors, and what freedoms they will have to make a difference. I am not sure that the speed of bringing in those changes has yet been thought through by the Government. As the Minister will know, six reform prisons were piloted only in the last six months, and we do not yet know the outcomes of those reforms. It is incumbent on the Minister to indicate the current outcomes for those six reform prisons.

I am not clear about the accountability either. I used to have the prisons Minister’s job, so I know that when something goes wrong in a prison, it will end up on the prisons Minister’s desk, and almost certainly on the front of the Daily Mail or The Sun. I am not clear about how accountability will work in relation to prison governors, so I would like some clarity today from the Minister about what a decision in a prison 200 miles from his office in the Ministry of Justice will mean for accountability when it ultimately lands on his desk.

I want some clarity today about what the commissioning process will be for prison governors. Do they have the skills and training to be able to commission services for employment, health or procurement? Those things have previously been done centrally. I am not sure whether all that local commissioning will mean that we lose some of the Ministry’s economies of scale.

In a fractured, localised system, what is the role of the MOJ when setting out directions? I am not sure how governors will recruit local prison officers. I would welcome some clarification, on behalf of our Committee, as to whether terms and conditions of service, training and delivery will be devolved. Those issues go to the heart of the Government amendment, and to the heart of the work of the sub-committee, which will be looking at them on a cross-party basis in the near future.

I am not sure whether there is discretion. When we heard evidence from Peter Dawson of the Prison Reform Trust last week, he said that this would

“unleash competition between governors, prisons and probation and between prison, probation and the police. It is a competitive environment. There are pros and cons to that, but it is likely to drive up cost overall.”

We need some real vision and clarity from Ministers, not on the direction of travel—we know what that is—but on what the bones of that travel will be.

It is also important that we have an indication of what the performance measurements and league tables will look like. Ultimately, as the Secretary of State, the right hon. Member for Surrey Heath and my hon. Friend the Member for Leeds East have said, we are caring for people through the gate. Most prisoners will leave prison and return to society, and our duty as the state is to ensure that they return in a way that does not lead them to reoffend, and that they contribute positively to society. We need more facts and more direction from the Government.

National Insurance Contributions Bill

Debate between Stephen Pound and Lord Hanson of Flint

Tuesday 23rd November 2010 Commons Chamber

[Mr Hanson]

My hon. Friend makes a very valid point. I do not begrudge the people of Tatton anything, and I will tell him why. I was once a Labour councillor in the Tatton constituency. I represented the ward of Rudheath and Whatcroft, and I was the leader of the Labour council that covered half the constituency at that time. I have absolute faith in those areas, but there is deprivation in Tatton. In fact, Neil Hamilton, a former Member of this House for that area, was my pair when I first came here. Such is life! But that is another story.

Tatton has one of the lowest levels of unemployment in the country. That constituency, which is represented by the Chancellor of the Exchequer, will get the benefit of the national insurance holiday to start 10 employees, but Portsmouth North will not. Neither will Brent North, Edmonton or Lewisham. The constituency of my hon. Friend the Member for Leyton and Wanstead (John Cryer) will not get that benefit either—

[Stephen Pound]

Neither will Ealing.

[Mr Hanson]

Indeed, and neither will the constituencies of my hon. Friends the Members for West Ham (Lyn Brown) and for Ilford South (Mike Gapes). We are talking about encouraging growth and promoting job opportunities, and how we split the cake is very important, as the hon. Member for Central Devon (Mel Stride) has pointed out. My hon. Friend the Member for Brent North (Barry Gardiner) mentioned the different figures for jobseeker’s allowance across the country. We need to address those significant differences.