Levelling-up and Regeneration Bill

Theresa Villiers Excerpts

2nd reading
Wednesday 8th June 2022 Commons Chamber

[Theresa Villiers (Chipping Barnet) (Con)]

Will the Secretary of State give way?

[Michael Gove]

Talking of brighter futures—

--- Later in debate ---

[Michael Gove]

My hon. Friend makes an important point. I think it is the case that the thinker who coined the phrase “mutant algorithm” is my hon. Friend the Member for Harborough (Neil O'Brien), who is now an Under-Secretary in the Department and working with me and the Minister for Housing to address precisely the concerns that he outlined. We need to build more homes, but we also need to ensure that how we calculate need and how plans are adopted is much more sensible and sensitive.

[Theresa Villiers]

rose—

[Michael Gove]

Talking about sensible and sensitive, I give way to my right hon. Friend.

[Theresa Villiers]

The Secretary of State is saying much that suggests that he believes we should rein in the Planning Inspectorate and give back to local authorities more control over planning, but that is not in the Bill. So is he today at the Dispatch Box saying that he will table amendments to the Bill along those lines?

[Michael Gove]

I will say two things. First, I hope to work constructively with Back Benchers across all parties to ensure that the Bill is strengthened. I have never seen a piece of legislation introduced to the House that could not be improved in Committee, and I know that this Bill will be. I also look forward to good ideas, if they come, from Opposition Front Benchers.

Secondly, it is also the case that the publication of a revised NPPF and NPPF prospectus will help us to appreciate what the nature of the further amendments should be. As my right hon. Friend knows, in one or two areas of the Bill, there are placeholders, where more work requires to be done. I am frank about that and I look forward to working with her.

--- Later in debate ---

[Theresa Villiers (Chipping Barnet) (Con)]

There is much in the Bill that I welcome, such as digitising the planning system, tackling land banking and enforcing planning controls. I also welcome the important omission of the growth zone proposals that were in the “Planning for the Future” White Paper. These zones would have removed local input on what is built in areas designated for growth. I campaigned strongly against them, and I thank the Secretary of State and the Minister for killing them off.

There are other measures that urgently need to be added to the Bill because, as it stands, it does not curb the powers of the Planning Inspectorate, it has no new protections for greenfield sites and it does not reduce or disapply housing targets. Excessive housing targets are creating ever greater pressure on elected local councillors to approve applications that amount to overdevelopment. Where committees turn down such proposals, they are at risk of being overturned on appeal.

Targets remain very high, even after the Government’s climbdown on the so-called “mutant algorithm.” The Bill’s focus on better design does not resolve these issues. Loss of precious green space remains problematic even if what is built on it is well designed. A block of flats is still a block of flats no matter how tastefully it is presented.

In one respect, as we have heard already today, the Bill worsens the problems that Back-Bench colleagues and I have been highlighting about the erosion of local control over planning. Clauses 83 and 84 empower the Secretary of State to set development management policies at a national level, which will override local plans.

[Munira Wilson]

rose—

[Theresa Villiers]

I am sorry, but I am unable to give way.

This radical change departs from a long-established planning principle that primacy should be given to elected councillors making decisions in accordance with their local plan. Management policies of this kind are at the heart of almost all planning decisions, covering matters as crucial as character, tall buildings, affordable housing and protection of open spaces. Removing from councils the power to set these management policies will severely weaken democratic control of the planning process. Development management policies form a bulwark of defence against inappropriate development. Centralised control would almost inevitably force councils to approve many applications that they would previously have rejected. These clauses amount to an aggressive power grab by the centre, and I hope they will be dropped.

[Mr Marcus Fysh (Yeovil) (Con)]

Would a community right of appeal not be a good addition to what my right hon. Friend is setting out in terms of other types of rights?

[Theresa Villiers]

Yes, I think we should seriously consider that.

The Secretary of State seems to accept the need for some rebalancing between councils and the Planning Inspectorate. The policy paper published with the Bill proposes to remove the requirement for authorities to have a rolling five-year land supply for housing, where their plan is up to date. That could be helpful, but it is impossible to say without more detail. The proposal is not in the Bill and even if implemented, it probably would not apply to areas already in the process of updating their new plan. So any impact probably would not be felt for several years, by which time many greenfield sites could have been lost.

I therefore appeal to Ministers to seize the opportunity presented in this Bill to restore the powers of locally elected councillors to determine what is built in their neighbourhood, by scrapping the mandatory housing targets which have been undermining those powers. We must stop these targets, and the five-year land supply obligations they impose, from being used as a weapon by predatory developers to inflict overdevelopment on unwilling communities. Once they go under the bulldozer, our green fields are lost forever. Once suburban areas such as Chipping Barnet are built over by high-rise blocks of flats, their character is profoundly changed forever. Please let this Government not be the ones who permanently blight our environment with overdevelopment. Please let us amend and strengthen the Bill so that we clip the wings of an overmighty Planning Inspectorate, restore the primacy of local decision making in planning and safeguard the places in which our constituents live.

Levelling-up and Regeneration Bill

Theresa Villiers Excerpts

Report stage
Wednesday 23rd November 2022 Commons Chamber

[Jon Trickett (Hemsworth) (Lab)]

I support the amendments in the name of my hon. Friend the Member for South Shields (Mrs Lewell-Buck). This debate has illustrated a central defect in the Bill, to which I will return when I address clause 1.

People going hungry is clearly a product of 10 to 12 years of austerity and deepening division in our society. Somebody needs to get a grip on this. I represent 23 ex-mining villages in the heart of England, in Yorkshire. Cornwall is a very special place, but Yorkshire is God’s own county. The county of the right hon. Member for Camborne and Redruth (George Eustice) may have a special constitutional role, but Yorkshire has a divine role.

It is interesting that the Bill has no vision for what parish and town councils can do. Notwithstanding that, parish and town councils in my area are the ones feeding the hungry and, now, opening up warm places for elderly people and families to go to, because of the cost of energy. They are the ones doing the levelling up.

When there was a problem with people leaving their home because of covid, who arranged for people in my village to knock on doors to offer to go to the Co-op? It was the town and parish councils. They organised the churches, the voluntary sector and all the other bodies in the village. I represent 23 ex-mining villages, and it happened everywhere in my constituency. Why are we distributing power away from the centre in a top-down, uniform, homogenous way that is convenient only to the men and women in Westminster, rather than to the communities we represent, which are so different in character?

The Bill is full of constitutional changes, structural changes and processes, but it does not specify the outcomes. Part 1 refers to the mission statements that will be produced, but there is no reference in the Bill to what those mission statements will contain. However, the White Paper has a helpful indication of what the mission statements, which the Minister will eventually organise, will contain. She needs to tell the House what her intentions are in relation to the mission statements, because there is nothing in the Bill.

Clause 1 talks about the mission statements being

“laid before each House of Parliament”.

Does that mean there will be a vote? Will the mission statements be amendable? Laying them before the House might mean putting them in the Library, which is simply not acceptable. If the Bill does not allow the House to discuss the objectives we are trying to achieve, there must be proper scrutiny of the matter in the House of Commons.

The amendments in the name of my hon. Friend the Member for South Shields (Mrs Lewell-Buck) raise the question of outcomes, rather than process. She wants to see young people—in fact, all our people—fed. The Bill does not allow for that, because we are dealing with structures rather than outcomes. I want to illustrate this with two further points that are in the mission statements in the White Paper, but not in the Bill. They relate to bus transportation, which the Minister referred to, and another point. I will talk about them quickly, because there is not a lot of time.

My constituency is the 529th least socially mobile constituency in England. There are 533 on the list, so only four seats have less mobility than mine. What does that mean? A child born in poverty today in my constituency will almost certainly die in poverty—there is no social mobility unless we do something dramatic—and younger than children being born elsewhere. That is not acceptable.

Social mobility is about education and all sorts of other things, but there are two things I want to focus on briefly. One is transport. In a village that has no work any more—remember that the villages were built around coal mines, which have all gone—it is very difficult to find work. People have to move from one place to another, but the way in which we organise our public transport system is not helpful. I met a woman who walks in the dark for an hour from one village to another to work, and then back in the dark at night. That is not acceptable.

There are 24,000 people in my constituency—I raise my constituency to illustrate a broader point—without access to a car. I asked how many people use a bus or a train. Out of the whole constituency, only 3,900 people use either a bus or a train, yet there are 24,000 people without a car. The buses stop early in the evening and start later in the morning. Lloyds bank tell me that of the 650 seats in our country, people in mine rank 621st for how likely we are to use public transport, through our credit or debit cards or however we pay. That is not acceptable. Will the Minister accept that something has gone radically wrong with our public transport system that in a constituency such as mine with no social mobility at all, people are imprisoned in villages with no work and no public transport? Something drastic needs to be done about it, which is not in the Bill.

Another point that is in the White Paper but not the Bill is digital exclusion. The White Paper states that digital exclusion and social exclusion go together. Of course they do, but here is the fact. In my constituency, there is no easy way to move around without a car—using cars is not a great thing anyway for the planet—but the download speed in my village is 46 megabits per second. The average for the UK is 86. We have people running businesses in the constituency who cannot move to a job somewhere, and it is not working. I met a guy—an ex-miner—who had won this wonderful contract to provide design solutions for the New York stock exchange. Guess what? He was doing the design at work in my constituency but he had to put the computer in the back of the car and drive it home so that he could access the internet in the evening. That is not acceptable.

As for telephones, in my house I cannot use a mobile phone. What I want is a discussion not about my constituency, but about everyone who lives in left-behind or held-back communities up and down our country. The talk of levelling up in the Bill gave them hope. Everybody has clocked those words, but they have also clocked something else: the Government have not willed the means to change what has happened to so many communities, which are locked out of the so-called prosperity of our country. I feel very angry about this, and I am very disappointed with this Bill.

My final point is on local government. I was council leader in Leeds, one of the great cities of the country. We had resources to begin to make a difference, although not enough—we always needed more; council leaders will always say that—but local authorities no longer have the resources to deliver the kind of levelling-up agenda the Government say they want. We see that in every single service—buses, trains, education, feeding people who are hungry. Funding for all those areas has been cut.

There was a discussion earlier in the debate about literacy. My constituency has some of the worst educational attainment figures in the country, and school funding has been cut by 40% during this Government’s time in office. We cannot level up on peanuts or simply by changing structures; we have to will the means as well.

[Theresa Villiers (Chipping Barnet) (Con)]

I rise to speak in support of new clause 34, which I and my hon. Friend the Member for Isle of Wight (Bob Seely) and others have tabled in this group of amendments. It forms part of a larger package of new clauses and amendments, most of which will be debated on day two, and I will try not to trespass too much on to those other amendments.

New clause 34 would require a review to be carried out of the Secretary of State’s compulsory purchase powers. Subsection (3) highlights the particular importance of properties which have been unoccupied for a prolonged period and buildings of local public importance in our high streets which might also have been left unused. The new clause highlights the importance of bringing derelict land back into use. We all know new homes need to be provided; we need to do more to make sure that land that is derelict and unoccupied is put to use to help deliver those new homes, hence the new clause. We should use this kind of brownfield site, particularly in urban areas, as a key way to address concerns about the supply of housing, and to do so in a way that does not undermine local decision making or damage the environment, as is the case with other aspects of our planning system.

Of course care must be taken with regard to the exercise of compulsory purchase powers; it is a serious matter to remove someone’s property, even if a fair price is paid. The landowner should be given appropriate compensation, and relevant planning rules must be followed in terms of what actually gets built on these derelict sites—for example, green-belt land protection must not be compromised—but I genuinely believe there is scope for expansion of the use of compulsory purchase powers to open up more brownfield sites for new homes.

This new clause is supported by the Local Government Association, and I am grateful to it for that. I believe that there is some appetite in local government to move to a more active approach on compulsory purchase order powers. Landowners must be given a chance to remedy the problem and start using the land in a positive way, but if they fail to do so—if sites lie abandoned for years and years, for example—it seems not unreasonable for the state or local authority to step in and get some homes built there. I gather that there can be genuine problems in establishing who the owner is, and the review called for in the new clause should consider how this could be resolved, for example through insurance.

The review requested in this new clause should also consider buildings of community importance in our town centres, which may also be left unoccupied for a protracted period. Regeneration of our town centres is of course a core aim of this Government and this Bill. Again, I acknowledge that CPOs are a serious step and should only be undertaken after careful consideration and consultation, but proportionate use of such powers by local councils could be helpful in unlocking broader regeneration schemes to boost high streets.

I take this opportunity to make a broader point about our local high streets and the crucial role that they play in our communities. We all know that they have faced so much adversity over recent years. The big shift to online retail has reduced footfall and made it harder and harder to sustain viable businesses in our town centres. Covid, of course, intensified that trend. That is why I very much welcome the huge programme of grants and support that were delivered by the Government during the pandemic for local businesses in high streets, especially for hospitality.

Levelling-up and Regeneration Bill

Theresa Villiers Excerpts

Report stage
Tuesday 13th December 2022 Commons Chamber

[Caroline Lucas]

I rise to speak to the amendments in my name. First, new clause 13 would recognise that everyone has the right to a clean, healthy and sustainable environment and place a duty on public authorities to have regard to that right in decision making. Although simple in its drafting, I would argue that it could have a transformative effect in providing the legislative impetus for a significant expansion in accessible, nature-rich spaces, putting green space provision on the policy priority list. Such strong legislative underpinning would unlock support from central Government and investment from the private sector and wider civil society to meet green space creation and maintenance costs.

There is no real levelling up without levelling up access to nature. There is overwhelming evidence demonstrating the impact of access to nature on health and wellbeing—people living happier, healthier and longer lives—but sadly, this life-enhancing tonic is not distributed equally across the country. One in three people in England cannot access nature within a 15-minute walk of their home. That is a particular issue for disadvantaged communities, with some having little or no green space at all. People on low incomes are nearly twice as likely to live in a neighbourhood without nature-rich spaces as those on or above the average income.

During lockdown, when inequalities were laid bare, Natural England demonstrated that 73% of children from households with annual income below £17,000 spent less time outdoors, due to a lack of access to gardens and nearby public parks. New clause 13 would address those inequalities and spread the benefits of access to nature-rich spaces across all communities.

New clause 110 would require planning policy prepared by the Secretary of State to inform local plan making and planning decisions—as well as planning decisions themselves—to be consistent with the UK’s climate targets. This amendment gets to the heart of the UK’s broken planning system, which enables climate-wrecking developments such as the Cumbria coalmine or the Horse Hill oilfield to be approved without robust scrutiny against our binding carbon budget commitments. As Lord Deben told the Environmental Audit Committee, of which I am a member:

“We have a planning system that does not take adaptation or net zero into account.”

My new clause 110 would address that failing, and it would help to deliver the Climate Change Committee’s recommendation that the Government embed

“Net Zero alignment as a core requirement within the planning reforms”.

It is essential that the Bill provides consistent alignment of planning policy and development management with the UK’s climate targets. Without that, there is a real risk that we continue to see plans, policies and application decisions that are either weak on tackling climate change or even contradictory, allowing high-carbon development to continue. Indeed, recent research has found that, despite a climate duty having existed in relation to local plan making since 2008, there is little evidence of recently adopted plans including meaningful action to tackle climate change. Planning, legal and policy frameworks are too limited to give councils the confidence to put bolder policies in place. Yet more concerning are the rejections of strong climate policies by the Planning Inspectorate. Given the lifespan of buildings and infrastructure being constructed today, it is essential that this Bill not only ensures that planning supports the transition to net zero, but takes account of increasing climate impacts. Adaptation simply cannot continue to be the Cinderella of climate change. This new clause would ensure that our planning system is fit for the future, and I urge the Government to accept it.

[Theresa Villiers (Chipping Barnet) (Con)]

Excessively high housing targets have been making it harder and harder for elected local councillors to turn down bad development proposals, even where these might be wholly inappropriate for the area and there is insufficient infrastructure to support the new homes proposed. This is leading to loss of greenfield land in rural areas and increasing pressure to urbanise the suburbs through the construction of high-rise blocks. That is a matter of acute concern to my constituents in Chipping Barnet—for example, in relation to the North London Business Park scheme, against which I will be speaking when it is considered by the planning committee in Barnet on Thursday.

This erosion of local control over planning is compounded by the obligation to produce what is known as a five-year land supply to show that an area has sufficient sites to meet the target. If this obligation is not met, the so-called tilted balance comes into force—in effect, a developer free-for-all, where there is not a blade a grass or a square foot of land that is not in danger of being concreted over. We cannot go on as we are. Of course, we need new homes, and prior to the pandemic home building had risen to levels as high as anything seen in the last 30 years, but they have to be the right homes in the right places, spread fairly between different areas and delivered in a sustainable way.

That was why I tabled new clause 21, which attracted the signatures of 60 Members of the House, but the Government have listened, and I thank the Minister and the Secretary of State for bringing forward significant concessions in response to that new clause. These confirm that centrally determined targets will be advisory, not mandatory. They will be a starting point and a guide, not an inevitable final answer. Where councils can show genuine constraints on the housing they can deliver, they will be permitted to set a lower target in their local plan—for example, if delivering the top-down number would require building at densities that would involve a significant change in the character of an area. It is most welcome that the Planning Inspectorate will have its wings clipped and will no longer be able to reject reasonable plans brought forward by councils. The five-year land supply obligation and the dreaded tilted balance will go for councils with up-to-date plans. The 20% buffer of the five-year land supply will also go, and new design codes will give councils more control over the type of development permitted in their area. This should rebalance the planning system to give local communities a stronger say in what is built in their neighbourhoods. It should also give councils greater capacity to protect the rural or suburban character of their areas.

This outcome is a reasonable compromise that will strengthen local input into the planning system and help prevent environmentally damaging overdevelopment from going ahead, but which will also support the continued delivery of new homes as part of wider efforts to get more people on to the housing ladder. I see what has happened as an illustration of good co-operation between the Front Bench and the Back Benches, and it is a victory for all of us who have been trying to do everything we can to safeguard our green and pleasant land and to protect the quality of life of the constituents we are privileged to represent.

Levelling-up and Regeneration Bill

Theresa Villiers Excerpts

Consideration of Lords amendments
Tuesday 17th October 2023 Commons Chamber

[Rachel Maclean]

New Forest MPs are definitely speaking up for their residents today. My right hon. Friend will have seen the Levelling Up Minister next to me; he has heard that vital point. These matters must be decided locally, but I can reassure both my right hon. Friends the Members for New Forest West (Sir Desmond Swayne) and for New Forest East (Sir Julian Lewis) that their voices have been heard and those points will be considered in future arrangements.

It is our strong view that one of the core principles of local democracy is that citizens can attend council meetings to interact in person with their local representatives. There are no limits placed on authorities broadcasting their meetings online and we do not agree that councillors should be able to attend those meetings and cast their votes remotely. It is important that they are present, active participants in local democracy. Therefore, the Government are not able to support Lords amendment 22.

The Bill removes a key barrier to transferring police and crime commissioner functions to combined authority Mayors, a long-standing Government commitment. Those powers do not permit the removal of a police and crime commissioner in favour of a mayor mid-term, as some have suggested. The powers simply allow the May 2024 mayoral elections to elect the Mayor as the next police and crime commissioner for an area, where Mayors request that the election be conducted on that basis. It is to allow the proper preparation for, and administration of, those elections that the Government are seeking to commence the provision upon Royal Assent, and so we are unable to support Lords amendment 273.

Turning to planning, we have heard the strength of feeling across both Houses about the need for national development management policies to be produced transparently, with clear opportunities for scrutiny. We have therefore strengthened the consultation requirements in the Bill, to make it clear that consultation will take place in all but exceptional circumstances, or where a change has no material effect on the policies. Draft policies will also need to be subject to environmental assessment, which in itself will require consultation. That will give everyone with an interest in these important policies—the public and parliamentarians alike—the opportunity to scrutinise and influence what is proposed.

Housing provision has been raised by my right hon. Friend the Member for Wokingham (John Redwood).

[Theresa Villiers (Chipping Barnet) (Con)]

Will the Minister give way?

[Rachel Maclean]

Will my right hon. Friend allow me to finish my point, and then I will gladly give way?

As our existing policy makes clear, it is important that every local plan is founded on a clear understanding of the housing needs in the area. In response to Lords amendment 82, we have tabled an amendment that puts that important principle into law: plans should take into account an appropriate assessment of need, including the need for affordable homes. Any assessment of need is only a starting point for plan making; it will remain the case that local planning authorities will make their own assessment of how much of that need can be accommodated.

[Theresa Villiers]

Will the Minister assure the House that the compromise set out in the Secretary of State’s letter to colleagues of 5 December last year will be implemented? It is an important way to amplify local control over what is built in a neighbourhood, while still delivering the volume of new homes that we need.

--- Later in debate ---

The Bill is materially better than when we started with it last year. I repeat my thanks to my hon. Friend the Minister for the engagement she has given and urge her to push that little bit further in order to iron out those final gremlins and get it to being a Bill that communities can be really confident will protect them.

[Theresa Villiers]

It is a pleasure to follow my hon. Friend the Member for Buckingham (Greg Smith). I rise to give my general support to the Bill and to speak to that, as well as to reflect on some of the housing and planning issues, which are relevant to many of the amendments, including Lords amendment 44 on national development management policies, which several hon. Members have referred to.

But I will first say a quick word of welcome and support for additional protections for ancient woodland, which are much needed for conserving valuable habitats. I also add my voice to those urging Ministers to consider in their discussions with the other place whether they could accept some flexibility in allowing councils to meet remotely in certain circumstances. During the covid emergency, we saw how, in some ways, the ability to meet virtually did have advantages. We see the Planning Inspectorate using virtual meetings very well—and it is not often that I say positive things about the Planning Inspectorate. That is something for the Minister to reflect on in relation to Lords amendment 22.

Turning to the general issues on housing delivery that are envisaged by a number of amendments, excessive housing targets have been making it harder and harder for councils to turn down bad development proposals. That is leading to the loss of agricultural, greenfield and, in some cases, green-belt land, and to increasing pressure to urbanise the suburbs. Plans for blocks of flats, including some massive tower blocks, are appearing all over my constituency and the surrounding area. To name just a few of the problematic proposals, there is the North London Business Park, Victoria Quarter, The Spires, Whalebones, High Barnet tube station, Cockfosters tube station, Barnet House and, last but not least, Edgware town centre, where the centrepiece is proposed to be a 29-storey apartment blocks. It is just relentless.

Where councils refuse applications, planning inspectors can often overturn the decision on the basis that the development is needed to meet the target. That was why, along with my hon. Friends the Members for Buckingham and for Isle of Wight (Bob Seely), I tabled new clause 21 on Report, which obtained the backing of 60 Members of the House. In response, the Secretary of State brought forward important concessions to give communities greater control over what is built in their neighbourhood, in what has become known as the December compromise. But I am afraid that the battle is not over. We need to see the reform delivered. The extent to which the compromise fixes current problems depends on how it is implemented in the new national planning policy framework, which has yet to be published. I join others in calling for that to happen as quickly as possible, although I put on record my thanks to the Secretary of State for today’s briefing from officials on what the new NPPF is likely to contain.

The consultation on the NPPF promised that brownfield development would be prioritised over greenfield, but we need more detail, and certainty on how that “brownfield first” approach will be delivered in practice. Even on brownfield sites, it remains crucial to respect matters relating to local suburban character and density. Brownfield first does not mean a brownfield free-for-all. The Secretary of State crucially promised that if meeting the top-down target involves building at densities that are significantly out of character with the area, a lower target can be set in the local plan. If the Bill is to deliver real change, we need to know that a substantial proportion of councils are likely to be able to benefit from that new flexibility, and depart from the centrally determined top-down target. That is the only way to ensure that the centrally determined target will become, as the Secretary of State has promised, an advisory starting point rather than a mandatory end result.

The Secretary of State also promised to clip the wings of the Planning Inspectorate. That means firm and clear instructions need to be given to the inspectorate to accept local plans from councils based on reasonable evidence. Scrapping the duty to co-operate was another promise but, according to the consultation document, the NPPF envisages that it will be replaced by an unspecified alignment policy. We do not yet know whether the duty to co-operate is being scrapped or just re-labelled. We need to understand what that alignment policy will involve.

Turning to Lords amendment 44 on national development management policies, local development management policies provide a bulwark of defence against overdevelopment, for example by constraining height, preventing family homes being replaced by blocks of flats or providing extra protection for green spaces. What is proposed in the Bill is central control over these policies by replacing them with national development management policies. That is quite a radical change—probably one of the most radical planning changes in the Bill. It undermines the long-standing principle that the local plan has primacy. Ministers say that is not intended, but NDMPs could still be used, in theory, to re-write more or less the entire planning system, which would significantly restrict local decision making.

I welcome the Government’s amendment to ensure that NDMPs are consulted on, but I urge them to consider going further and accept that there must also be parliamentary scrutiny. NDMPs, as the shadow Minister was correct to point out, will have a more widespread impact than national policy statements, which tend to be focused on a single sector or even a single project. It is therefore only reasonable to apply standards of scrutiny to NDMPs that are equivalent to those applying to NPSs, and that is what amendment 44 would do. It would be useful for the Government to look further at that point.

Finally, I welcome the indication by Ministers that the flexibilities contained in the December compromise will apply in London, but there is still an urgent need to curb the power of the Mayor to impose targets on the boroughs. He has used the London plan to try to load additional housing delivery obligations on to the suburbs, especially on boroughs, such as Barnet, that have already built thousands of new homes. We are the party that promised to scrap regional targets, but regional targets are alive and kicking in our capital city.

Crucial progress on rebalancing the planning system has been made as a result of the engagement between Ministers and Back Benchers on new clause 21 on Report and engagement throughout the parliamentary scrutiny process. If properly implemented, the December compromise will give communities a greater say on what is built in their area, while also accelerating the delivery of new homes, especially on the inner-city brownfield sites referred to by the Secretary of State in his long-term plan for housing published in July.

But all that would be at risk if there was a Labour Government. They want to rip up the rules that have protected green-belt land for decades, leaving us vulnerable to urban sprawl and jeopardising precious habitats. Moreover, the Leader of the Opposition is clear that local voices will be “ignored” in the planning system if he ever gets the keys to Downing Street. That is a grave threat to the local environment in my constituency and it is one of many reasons why I will be campaigning so hard to return another Conservative Government and a fifth historic election victory next time around.

[Ben Bradley (Mansfield) (Con)]

I am really pleased to see the Bill finally back in this place—it has been a while. I remember saying to a former Housing Minister a year or so ago—one of several former Housing Ministers—when the planning elements were introduced to what was previously quite a tightly written regeneration and devolution Bill, that it might cause some challenge and delay that was perhaps not entirely necessary. But here we are. I will leave it to your judgment, Mr Deputy Speaker, whether I have been proven right or not.

I do not want to talk about planning, actually. I want to talk about the key thing in the Bill for my part of the world, which is the element of levelling up, regeneration and devolution. There are a number of elements and amendments I want to touch on. First, I want to mention something that is slightly aside from that, which is Lords amendment 22. The Levelling Up Minister, my hon. Friend the Member for Redcar (Jacob Young), will not be surprised—I have already had this conversation with him—that I agree with the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley), who is no longer in his place.

When we have a Bill that seeks to devolve powers down to local government, it seems a little bit mad to be so prescriptive from Westminster on whether and how they hold their meetings, for example on whether they could do so in a hybrid way. A number of colleagues on the Government Benches have expressed reservations about that, perhaps on the basis that local government leaders might all go off and hold their annual budget meeting entirely on Teams, but I do not think that would happen. As the Father of the House said, it would give small rural parish councils, which are manned largely by volunteers, the flexibility to be more accessible. My deputy leader is currently unwell and cannot drive, but he would still be able to attend hybrid meetings if that were allowed. Flexibility in a Bill that aims, overall, to pass more powers down to local government would be a welcome and consistent thing.

That said, many of the elements of the Bill are really positive and important. The devolution element in particular and the creation of the county combined authorities is the thing that unlocks devolution and investment for the east midlands, and for Nottinghamshire and Derbyshire, for the first time. That is a really exciting prospect. We saw in the Prime Minister’s conference speech last week £1.5 billion of additional transport funding for my constituency, county and region in the next term of the combined authority, with elections to be held, subject to the passage of the Bill, in May 2024.

Levelling-up and Regeneration Bill

Theresa Villiers Excerpts

Consideration of Lords message
Tuesday 24th October 2023 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is a pleasure to follow that characteristically sensible speech from the hon. Member for Waveney (Peter Aldous). I put on record our thanks for their lordships’ continued engagement on the Bill and all the work they have done on it over many months. After considering an extensive number of Lords amendments to the Bill last week, just two issues remain for us to debate again. The first is remote local government meetings.

Labour remains firmly of the view that while in-person council meetings should continue to predominate, there are circumstances in which virtual or hybrid local government meetings might be either useful or necessary. We also maintain that permitting their use in certain instances would have a number of additional benefits, not least in helping to reduce barriers to public engagement in the planning process, which is a goal shared across the House. As has been previously noted, an extremely broad range of organisations support change in this area, including the Local Government Association, Lawyers in Local Government, the Association of Democratic Services Officers, the Society of Local Council Clerks and the National Association of Local Councils. Indeed, as the hon. Member for Buckingham (Greg Smith) pointed out during last week’s debate, evidence from NALC suggests that support for it among local councils is overwhelming, with 90% of town and parish councils wanting the ability to hold virtual meetings in some form to widen participation.

As we just heard, it is not just those organisations and authorities and those on the Labour Benches who support greater local discretion in this area. In last weeks’ debate, the right hon. Members for Chipping Barnet (Theresa Villiers) and for North Somerset (Dr Fox) and the hon. Members for Buckingham, for Waveney and for Worthing West (Sir Peter Bottomley) all expressed support for a degree of flexibility so that councils could enable remote participation in meetings in certain circumstances. No one is arguing that we should require every local government meeting to be virtual or hybrid. Doing so would clearly undermine the principle that members of the public should have suitable opportunities to interact in-person with their local representatives. Instead, the case is being made for a degree of local discretion so that such meetings would be permitted in certain circumstances.

Lords amendment 22B addresses the Government’s understandable concern that permitting councils to hold wholly virtual meetings might have unintended and adverse consequences for local democracy. The amendment would allow Ministers to determine by regulations the range of circumstances in which hybrid meetings could take place. For example, they might choose to enable parish councillors in more remote parts of a given authority area to attend meetings virtually while ensuring that most are still required to be present in person. To take another example, they might choose to allow members of the public—say, people with mobility issues or those with children—to participate actively in planning committees, while councillors would still be required to attend in person. We believe that this is a reasonable and proportionate amendment, and we will support it.

The second issue concerns the planning system’s role in mitigating and adapting to global heating. The Government’s amendment in lieu is noticeably weaker than Lords amendment 45 as it applies only to national development management policies rather than all national policy, planning policy or advice relating to the development or use of land. It also excludes precise statutory definitions of what constitutes mitigation and adaptation. Nevertheless, we welcome that the Government have made a concession on this issue by tabling their amendment.

However, while we welcome the fact that the Government’s amendment in lieu would ensure consideration of climate mitigation and adaptation in the preparation or modification of NDMPs, it would not achieve what Lords amendment 45 would: namely, to establish genuine coherence between the planning system and our country’s climate commitments, not least by requiring local planning authorities to have regard to climate when making decisions on individual planning applications. The planning system in its current form is manifestly failing to play its full part in addressing the climate emergency. Indeed, one might go so far as to argue that it is actively hindering our ability to mitigate and adapt to climate change in myriad different ways.

The Bill is a missed opportunity to fully align the planning system with our climate mitigation and adaptation goals and ensure that new development produces resilient and climate-proofed places. The provisions in the Bill that require local plans to be designed in such a way as to contribute to the mitigation of, and adaptation to, climate change are welcome, but they are transposed from existing legislation introduced 15 years ago, and, alone, they are not sufficient. The promised related update to the national planning policy framework to ensure that it contributes to climate change mitigation and adaptation as fully as possible is vital, but it will not take place until well after the Bill has received Royal Assent if it materialises at all during what remains of this Parliament.

As we have argued consistently throughout the passage of the Bill, there is a pressing need for clear and unambiguous national policy guidance on climate change, a purposeful statutory framework to align every aspect of the planning system with net zero, and an overarching duty on the Secretary of State, local planning authorities and those involved in neighbourhood plan making to achieve climate change mitigation and adaptation when preparing plans and policies or exercising their planning decision-making functions.

The Climate Change Committee recommended in its 2022 progress report that

“Net zero and climate resilience should be embedded within the planning reforms”

contained in the Levelling Up and Regeneration Bill.

As things stand, they have not been. In this week—of all weeks—when we have seen once again the impact on communities across the country of the more frequent extreme weather events that climate change is driving, we should look to improve how the planning system responds to the climate emergency. The Government amendment in lieu is welcome, but it does not go far enough. For that reason, we will support Lords amendment 45.

[Theresa Villiers (Chipping Barnet) (Con)]

I would like to start by thanking the Minister for her involvement in the very long saga that is the Levelling Up and Regeneration Bill, which, finally may be drawing to a close. It is good to see the areas of difference between the two Houses reduced.

I appreciate that Lords amendment 22 on councils meeting virtually is a significant issue, as it could set a precedent for other parts of the public sector. I understand the Government’s concerns and why they have resisted it up to now, but I hope there is room for further compromise and at least some flexibility to allow councils to deploy hybrid meetings. If the amendment still goes too far, I hope that Ministers can come up with something, perhaps specifically in the planning context or in at least some circumstances, to make the life of our local councillors a little easier. We must remember that they do a difficult job; they work hard and many are trying to hold down day jobs at the same time. A bit more flexibility for virtual meetings could help to enhance democratic participation.

An amendment that we did not get back from their lordships was on NDMPs. I have a certain amount of regret about that, because I continue to believe that the replacement of local development management policies with a single centralised diktat is the wrong approach. However, I welcome the fact that, thanks to the Government’s amendments in lieu, we now see in the Bill a commitment to consult on NDMPs. That was an important part of the compromise announced last December by the Secretary of State to tackle problems outlined in the amendments package headed by new clause 21, which I tabled. It resulted from concerns felt by many on the Government Benches about problems leading to massive pressure for blocks of flats in the suburbs and housing estates on greenfield and agricultural land in rural areas. Now, we need to see the remainder of that package delivered by the national planning policy framework. Once again, I encourage and urge Ministers to get that published.

We also need to see the new set of planning policy guidance—another document that will be crucial to ensuring that the reforms promised in the planning system deliver real change. Concern remains among Back Benchers about the rush for volume of units at all costs. We all accept the need for new homes and want more homes built, but they need to be the right homes in the right places. I know that you, Mr Deputy Speaker, strongly agree with that.

With that in mind, I can understand the rationale of Lords amendment 45 on climate change mitigation and adaptation. We need to do more to ensure that the developments that come forward for approval are consistent with our net zero goals. I am not necessarily saying that Lords amendment 45 is the right vehicle to deliver that, but if we are to make that huge transition to carbon neutrality, construction and development has an enormous part to play, and significant change needs to be delivered. I hope that the Government will make every effort to ensure that the new NPPF reflects our climate goals, in terms of both mitigation and adaptation.

In particular, as we have heard many times during the debate on the Bill, we must take care in relation to areas prone to flooding since, even if we deliver net zero on time, the climate has already changed to make such episodes more serious and more frequent. I would like to take this opportunity to put on record my great sympathy to anyone who has been affected by the floods of recent days. I hope they are back in their homes soon. I truly understand what a miserable experience it is to be subjected to these climatic episodes.

Returning lastly and briefly to the December compromise announced on Report by the Secretary of State for Levelling Up, Housing and Communities, my right hon. Friend the Member for Surrey Heath (Michael Gove), I reiterate what I have said a number of times in this House: we need the compromise to be implemented. The issues raised in new clause 21 on excessive targets have not gone away. Back-Bench concern has not gone away. We are all determined to defend our constituencies from overdevelopment. We believe it is vital to shift the focus of home building to big urban city sites like Old Oak Common, Beckton and central Manchester. The Docklands 2.0 approach outlined by the Secretary of State in his July speech and in his long-term plan for housing reflects our climate commitments by situating people close to jobs, services and public transport systems. It helps to take the pressure off suburban and rural areas, protecting green spaces and the green belt, and supports our ambitions for nature recovery. So, please, let us make sure that that change really happens.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the SNP spokesperson.