Housing and Planning Bill (Third sitting) Debate

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Lord Jackson of Peterborough

Main Page: Lord Jackson of Peterborough (Conservative - Life peer)

Housing and Planning Bill (Third sitting)

Lord Jackson of Peterborough Excerpts
Tuesday 17th November 2015

(8 years, 5 months ago)

Public Bill Committees
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None Portrait The Chair
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Not everyone need answer.

Trudi Elliott: We think that that is a problem with the permission in principle, unless you make the amendment we suggest. Some of the documents referred to currently as potentially in scope do not have the same consultation mechanism. Therefore, either the Bill has to introduce a consultation mechanism, or it needs to limit the qualifying documents to those that have proper public consultation. That is the route we would recommend.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson (Peterborough) (Con)
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Q 233 The regulations in the previous Parliament allowing developers to challenge section 106 agreements freed up capacity and new build on dormant sites. Do you not agree that there is a case to be made that starter homes will do the same for marginal, brownfield sites under these proposals?

Trudi Elliott: I think any new model must be helpful in terms of giving greater flexibility and potential. It has the potential. I suppose that what we need to avoid is the unintended consequence when something that is potential to somebody could adversely affect either the flexibility of a local authority or the viability of other sites for other developers. I would urge greater flexibility in the implementation of the starter homes and less prescription about percentages, for example. What we know is that the more prescription there is around some of these things, the less flexibility there is for sensible deals to be done between local authorities, developers and communities to get things delivered.

Lord Jackson of Peterborough Portrait Mr Jackson
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Q 234 It is therefore fair to say that, unless a site that is developed is 100% starter homes, the idea that no infrastructure will be developed is not the case. Another example from recent history is the affordable rent regime, which released extra funding to go back into community facilities infrastructure, along with other tenures. Surely that is the point. There will still be mixed-tenure facilities or developments, but an element of them will consist of starter homes.

Trudi Elliott: Yes, and what we are saying is that we should not prescribe what that element should be. We are saying: give more flexibility to local authorities and developers about what will make a scheme stack up financially and deliver that sort of mixed community. What you do not want is a prescribed percentage of starter homes that can then squeeze out other forms of housing, particularly affordable housing.

Lord Jackson of Peterborough Portrait Mr Jackson
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You said “can” rather than “will”.

Trudi Elliott: Exactly: it can squeeze it out. That is why I am saying that you need flexibility in relation to individual sites and schemes.

Lord Jackson of Peterborough Portrait Mr Jackson
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Q 235 Dr Ellis, first, I have to say that I think it is pretty risible to compare the proposals in this legislation with Supreme Court challenges to US zoning policy based on racism. That is a ridiculous comment to make, frankly. Can I specifically ask you to concede that one reason why this is quite a strong piece of legislation in terms of direct intervention from the Secretary of State is the failure over a long period of local planning authorities to produce development plans in a timely and expeditious manner? You did not mention that at all in your evidence.

Dr Hugh Ellis: You didn’t ask me.

Lord Jackson of Peterborough Portrait Mr Jackson
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You didn’t volunteer it either.

Dr Hugh Ellis: It is certainly not risible. The Minister, in evidence to the Select Committee on 7 September, was asked about the American and US zonal planning system and said it was an interesting example. My point is that the emphasis is entirely on the Government. If you want to make radical changes to the English planning system, that is of course your democratic right, but you have to be clear and transparent and you also have to have done the work to understand the implications.

The point about zonal planning is that it has major implications across the world. There are successful models in the Netherlands and there are deeply unsuccessful models in the United States. The literature is there and the Department should know that stuff. There is very powerful literature about the impact. I would strongly advise the Committee to look at the equalities impact assessment for the Bill and to ask officials how much work they did in comparing other zonal planning systems across the world in relation to those implications. It is important because we are trying to deliver mixed communities that benefit people in the round. That is the key objective of planning. That means that whatever system we introduce, we have to be absolutely clear about what those implications are for social justice.

In relation to your question about the degree to which plans have been delivered across England, yes, the performance has been pretty poor. That is absolutely true. The question is how we can speed that up. When you get down to the root cause of what those problems are, they are very often, for example, issues around the lack of strategic planning such as how we deal most effectively with strategic housing growth in the south-east. That means that England must have effective strategic planning. The one thing that we have done in the last six years is abolish that framework. That was a profound mistake.

Lord Jackson of Peterborough Portrait Mr Jackson
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It didn’t work. That’s why.

Dr Hugh Ellis: It worked very well.

Lord Jackson of Peterborough Portrait Mr Jackson
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No, it didn’t work. Regional spatial strategies did not work.

Dr Hugh Ellis: They worked well—

Lord Jackson of Peterborough Portrait Mr Jackson
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They didn’t work.

Dr Hugh Ellis: They worked by understanding that there were multiple housing pressures and by dealing with those pressures strategically, making sure that housing growth was linked to where infrastructure was provided and where environmental constraints, for example, provided opportunities. That framework was very important. As we move forward, we need to think about how we can best deal strategically with housing growth. Otherwise, what happens is that communities get extremely pressured in ways that they cannot deal with. They need that strategic support to make truly sustainable places.

Lord Jackson of Peterborough Portrait Mr Jackson
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Q 236 What I would say, to put it on the record, is that regional spatial strategies delivered the lowest number of homes since 1923 in the last year that they were fully operational before the coalition Government.

I want to move on to the evidence from the Chartered Institute of Housing. Can I ask about this figure of 48%? It is a rather confusing figure. I am always slightly surprised when I see in evidence the phrase “areas north of the midlands”. That doesn’t really specify where that is. What is it 48% of? Is it 48% of population? Have you published the data?

Terrie Alafat: Can I just explain? The data that I referred to are from work that Savills has done. Something came out just this week as well. Savills has been doing an analysis of housing markets across the country—it is not CIH research; it is Savills research. Obviously, I could send the Committee the link to the research. It looks at couples—not individuals—on a median income, so therefore you could have two working people or one working person, and at the 20% discount on house prices in country as a whole. Forty-eight per cent. of local authority areas would struggle. That is not saying “just north of the midlands” or whatever. Savills has produced maps that show that. It is its market analysis. Of course, in London, as we know, house prices are higher. As with a lot of this research, that just gives an indication. One would have to look in detail at any specific area to see how it plays out, but it at least raises the question of starter homes being the answer to home ownership. The only point we are trying to make is that we do not want it to be the only focus in terms of meeting people’s needs. It will mean that some individuals will get access to the housing market through starter homes, and that is a good thing. Indeed, if that means that it frees up more sites and brings more land in for housing, that is all very good because it adds to supply.

The point is that we should recognise that it will not be the only answer. If you start looking at some of the shared ownership products, for example, which have been here for quite a long time—we are hoping there will be more because I think the sector is interested in expanding them—in some parts of the country, they will often be available for high-value property for people on lower income but who still want to get into home ownership. There are always, at any time in any developed nation, a proportion of the population—I have seen different estimates—who cannot afford home ownership at that point. Then you start looking at rented sector and alternatives. That is the only point we are trying to make.

Lord Jackson of Peterborough Portrait Mr Jackson
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Q 237 You are inviting the Committee to conclude that the 20% discount on the market price is affordable on only 52% of transactions and purchases in the country—you are using local authority areas—and that on 48% it is completely unaffordable. I would challenge you on that, because I do not think that is true.

Terrie Alafat: Again, this is looking across the country at couples on median income. It is being used simply to raise the issue of recognising that it is not going to be the answer across the country in all areas to home ownership. That is the point we are making.

Lord Jackson of Peterborough Portrait Mr Jackson
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Q 238 You are not raising the issue. You oppose the policy, effectively, because of the evidence that you pray in aid from Savills.

Terrie Alafat: No, we do not oppose the policy. I have made it clear that we do not oppose the policy.

None Portrait The Chair
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We should probably move on. I should perhaps remind you that the witnesses are here better to inform the Committee, rather than necessarily agree with us. That is an important thing to remember. I call the shadow Minister, Roberta Blackman-Woods.

--- Later in debate ---
Richard Bacon Portrait Mr Bacon
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Q 262 You said that landowners are unwilling to gift land or give it at a discount unless they think it is protected in perpetuity. Do you think there is a role for landowners to work more closely with, or even create, mutual housing co-operatives or to work with community land trusts to create the in-perpetuity protection that you are talking about?

Shaun Spiers: Yes, I do. The in-perpetuity affordability is absolutely key. There is no limit to demand for housing in a rich Cotswold village. The difficulty is providing affordable housing.

Lord Jackson of Peterborough Portrait Mr Jackson
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Q 263 On the specific point about starter homes, as you know, Mr Spiers, for the past year or so the policy has been governed by ministerial fiat in respect of rural exception sites, which you mentioned earlier. Given that many people in villages want to try to retain familial links with their sons and daughters who perhaps do not have the wherewithal that they had to buy starter homes in villages, is it not better that you have some new homes within the framework of starter home policies within the village envelope? Most local planning authorities do not allow homes to be built in the open countryside; they allow them to be built only within the village envelope. It would formalise the situation in a more satisfactory way if there were more starter homes for local people in the village. In that respect, notwithstanding what you said about affordability, surely that is cumulatively a positive development.

Shaun Spiers: It may be, but it depends. You need to take it on a village-by-village basis. Villages should grow organically, and in some villages there may be a need for starter homes or even marker homes. We should not confuse starter homes with affordability. If somebody buys a starter home and rents it the next day, makes it into a holiday home or whatever, you are not meeting the crying need—

Lord Jackson of Peterborough Portrait Mr Jackson
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But that is not going to happen.

Shaun Spiers: It could happen. From the CPRE’s point of view, the crying need in rural villages is for socially rented housing that is affordable in perpetuity. That does not come at the exclusion of other things, but I think a starter home that is at 80% cost for five years and then is sold on the open market is meeting not that need, but a different need. It is helping the village to expand for anyone, but it is not meeting the needs of local people.

Lord Jackson of Peterborough Portrait Mr Jackson
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Q 264 In reality, is not the present situation just one extreme—that is, unsatisfactory infill, rural exclusion and probably small-scale? For those local authorities that do not have development plans and five-year supplies, an urban extension is stuck on the end of a village, where 100 homes might be built. The starter homes policy potentially, with the other permissive policies that are outlined in the Bill, actually achieves a medium and delivers more homes for people who cannot buy at the market rate.

Shaun Spiers: It may do—it has to be on a village-by-village basis. There is a danger of over-complicating things. The best thing for villages that want to expand and take on more housing is to engage with a proper neighbourhood planning process and to have their social stock protected. Some villages will benefit from starter homes and some villages will regard them as imposed on them and not benefiting the village in the long run. But a proper neighbourhood planning process can help the village grow organically and control its social mix.

Lord Jackson of Peterborough Portrait Mr Jackson
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We agree on that.

None Portrait The Chair
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We have a few more minutes left. Does anyone have other views on the Bill that have not been winkled out in the course of our conversation so far?

Duncan Wilson: As I said at the outset, we are supportive of the development of brownfield land. We are not quite sure about whether the mechanism is going to work, although we could be convinced about that, and we understand the general objectives. Our general observation is that the national planning policy framework is working well and we do not want to disrupt that, because it allows the case for the historic environment, from our perspective, to be put and assessed by the local planning authority. We do not necessarily disagree with the objectives of the Bill, but would like to know more about how it is going to work in practice.

Shaun Spiers: The one area that I have not mentioned is that, where the permission in principle works—we are slightly sceptical about it—it should trigger a neighbourhood planning process whereby a neighbourhood can draw down funds to develop a neighbourhood plan, and shape the development that is in the outline plan and ensure its quality, the mix of housing and so on. That would help to get local support for high-quality development, which is one of the things everyone wants. We could use the neighbourhood planning mechanism alongside the permission in principle.