Localism Bill

Tobias Ellwood Excerpts

Monday 7th November 2011 Commons Chamber

[Roberta Blackman-Woods]

I want to try to deal with a number of issues arising from the Lords amendments very quickly indeed. I shall start with amendment (a) to Lords amendment 154 on transitional arrangements.

As with many other key aspects of the Bill, hon. Members will know that discussions have already taken place in this House and in the other place about the need for some form of clear transitional arrangements to be specified in the Bill. In the early stages, it was evident that transitional arrangements were not at the forefront of the Government’s planning agenda but, as time has gone on, it has become increasingly apparent that, without them, the local planning system could be thrown into chaos and confusion.

As such, it is worth trying one last time to convince the Government of the need to include transitional arrangements in the Bill. That seems particularly necessary because the arrangements are needed very soon. Therefore, the alternative of including them in the national planning policy framework when it is eventually published, which was raised in the other place, is not practical. Previous significant planning legislation in 2004 and 2008 put clear transitional arrangements in the legislation to assist local authorities in moving from one planning system to another. This Bill should do the same.

I heard the Minister’s comments about amendment (a) to Lords amendment 157 on the community infrastructure levy, but Labour Members have grave concerns about the degree of prominence the Government are giving to the issue of unviability and the extent to which that might limit the application of the community infrastructure levy in practice. It is extremely important for there to be independent assessment of the developers’ costs whenever they are arguing unviability. We would like the Minister to consider the matter and if he does not address it in the Bill, to do so in the guidance that accompanies the Bill, so that such a situation does not occur.

The amendment to Lords amendment 369 is very straightforward. In keeping with prescribed requirements, before a neighbourhood planning order can be submitted to the local authority, the amendment would require public consultation to take place. In particular, we want to make sure that community and voluntary organisations get a chance for their voices to be heard. Labour is very keen to ensure, wherever possible, that community and voluntary organisations are able to be fully represented and engaged in the planning process. We would like Lords amendment 369 to be strengthened if possible.

I do not wish to go on at length about our amendment to Lords amendment 370, because we have had a number of opportunities to discuss the need for the Bill to have a definition of sustainable development. The current definition in the NPPF is not strong enough, and we would like the Minister to consider taking on board the definition in the 2005 sustainable development strategy. That is very important.

We understand why neighbourhood business areas have been put into the Bill, but we are concerned to ensure that consultation on those areas includes local residential communities. I will finish my comments there because we would, if possible, like to get to vote on amendment (a) to Lords amendment 154 and amendment (a) to Lords amendment 370.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I welcome this Bill and these amendments as we pass powers and responsibilities away from Westminster to local authorities.

There is sometimes a dissonance between the laws that we prescribe here in Parliament and their impact on the front line. I would like to ask the Minister a couple of questions to clarify clause 94 and the abolition of the dreaded regional spatial strategies in relation to a constituency dilemma that we face in Bournemouth. Bournemouth borough council is currently drafting its core strategy—the local plan. That is the significant document of planning intent for the next few years but it is still subject to the old regional spatial strategy because the Bill has not passed into law. The RSS obliges councils to make provision for Gypsy and Traveller sites. Three locations have been earmarked for permanent sites in the proximity of the green belt in the northern part of my constituency. The locals are obviously concerned about this. We had a small debate about nimbyism earlier, but clearly Bournemouth borough council should now have the right to determine whether it wishes to pursue this instead of its being imposed on it by Westminster.

I would argue that three Gypsy and Traveller sites in close proximity in a very quiet part of one single community is a bit much. The area is part of Bournemouth’s very small and diminishing green belt. This is also about sharing and quid pro quo—about assets we have in Dorset that are used by the wider conurbation. For example, we have a vibrant town centre, an airport, and incineration facilities. Bournemouth took the biggest hit as regards housing development following the numbers that were imposed on Dorset by the previous Government; most of the housing built in the county was built in Bournemouth. There is therefore a feeling in Bournemouth that we have already contributed, to some degree, to planning law and planning responsibility. There is therefore a question as to whether it is right for these Gypsy and Traveller sites to be imposed on the area as they have been.

Clause 94 removes the regional spatial strategy, but the Bill is not yet law and the core strategy from Bournemouth borough council has to be submitted. Will the Minister therefore confirm that the removal of the RSS changes the obligations of all core strategies, that there will be an opportunity for councils right across the country to re-submit those core strategies once the Bill receives Royal Assent, and that this all sits well with the other legislation that is affected—the Housing Act 2004, which also covers provision for Gypsy and Traveller sites? I would be grateful for clarification on those issues. To confirm the feelings of residents, I am running a petition that I will shortly hand to the Minister with a collection of signatures to ensure that this message is understood. I look forward to his reply.

[Annette Brooke]

I welcome the Lords amendments and will comment on two aspects of them.

I agree that transitional arrangements are of prime importance. I accept that they do not necessarily have to be in the Bill, but I urge the Minister to provide some clarity on them as soon as is practical because it is making planning difficult in many respects in local areas.

--- Later in debate ---

[Greg Clark]

I am grateful, Mr Speaker; I do not know what to make of that comment. I will respond to a few of the points that have been made by hon. Members, including the hon. Member for City of Durham (Roberta Blackman-Woods).

I have been clear that there will be transitional arrangements and that we will ensure that they are produced in a timely way so that there is no difficulty with authorities preparing for the introduction of the national planning policy framework. That does not require an amendment. The amendment proposed by the hon. Member for City of Durham does not specify what the transitional arrangements should be. All it does is to elicit the commitments that I have given her tonight. I see that she is nodding. I hope that she accepts that and that my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) takes the same view.

On the community infrastructure levy, the regulations already require the independent assessment of viability when an authority considers a claim for CIL relief from a developer to be unviable, especially in the case of affordable housing. I give that commitment. If the hon. Member for City of Durham has any suggestion that the guidance is inadequate in any way, I am happy to meet her to consider that, but that has not been our experience so far.

My hon. Friend the Member for Bournemouth East (Mr Ellwood) knows that we recently concluded a consultation on Gypsy and Traveller policy. It would not be appropriate for me to pre-empt that, but I would say that the abolition of the regional strategies puts clearly into the hands of local authorities the ability to assess the needs of Gypsy and Traveller communities across the country. Of course, the changes that we have discussed tonight provide for a fairer system of enforcement, whereby a planning application that is introduced retrospectively does not stay the enforcement action, which has sometimes been the case.

[Mr Ellwood]

Bournemouth borough council received legal advice encouraging it to continue with the legal process of going to consultation, as my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) suggested. However, I hear from my hon. Friend the Member for Cannock Chase (Mr Burley) that the legal advice given to his council was that it did not need to pursue that process because the intent of the Government was that the regional spatial strategy would be removed and that therefore the core strategies did not need to include Gypsy and Traveller sites. One council is being told one thing and another is being told something else.

[Greg Clark]

That is often the case with legal advice. This is a matter for the courts. The Under-Secretary of State, my hon. Friend the Member for Hazel Grove (Andrew Stunell) pointed out that the weight given to emerging policy is a matter for decision makers. It is not possible, however tempting, for Ministers to direct decision makers on that point. Regional strategies have set out guidance to date, but it is for decision makers to decide how much weight they want to give to the Government’s intentions in revoking regional strategies.

I shall conclude by saying a little about the definition of sustainable development. I think it is obvious to every Member who has participated in these debates that our intention is to reflect, through guidance, a stronger and more expansive definition. I have made it quite clear that the 2005 strategy offers a basis that has been commended to us by many respondents to the consultation. It is extant, and I have no difficulty with it. We may be able to go further in some respects, but it is clear and reflects the considered views of both Houses.

The colleague of the hon. Member for City of Durham in the other place thought it was right to withdraw the Opposition amendment there on the basis of the same assurances. Given that, and given that the consultation has closed and it will not be much longer before she can see the outcome of our deliberations, I hope she will not press her amendment on the subject. I commend all the Lords amendments in this group to the House.

Lords amendment 151 agreed to.

Lords amendments 152 and 153 agreed to.

Amendment (a) proposed to Lords amendment 154.—(Roberta Blackman-Woods.)

Question put, That the amendment be made.