Levelling-up and Regeneration Bill

Baroness Pinnock Excerpts

Committee stage
Monday 27th March 2023 Lords Chamber

[Lord Teverson (LD)]

My Lords, local nature recovery strategies are one of the triumphs of the Government’s Environment Act, which I welcomed at the time, as did the whole House. We wanted to ensure that they had a little bit more edge and power than they had when that Bill went through this House. We now have the chance.

Local nature recovery strategies are not a nice to have; they are essential. They are essential not only for nature and the environment but for the future of our economy, which is supported by so many of the ecosystems that I am sure the Minister, given his ministerial experience, is more aware of than I am. This is something that is vital, rather than, as I said, a nice to have. The noble Baroness, Lady Jones, was right when she said that we have a problem here if the thousands of people who will be involved in writing these strategies are not convinced that any notice will be taken of their words.

However, I have some really good news here as chair of the local nature partnership in Cornwall and Scilly. Cornwall—not Scilly, although we are now involving Scilly in the final plan—was involved in a pilot local nature recovery strategy, along with four other areas. This was not seen by the various parties in Cornwall as being a pain to do, as something that the local authority and the local nature partnership had to urge, nudge and cajole them to do. It was something that people genuinely wanted to be involved with. The consultation exercise spread right across all sorts of organisations, individuals and households.

A strategy came out that was welcomed and that everybody wanted to happen. The great thing was that it was local. The Cornish aspects were particularly around things such as Cornish hedges, which are very different from other hedges elsewhere in the country. We also involve marine because, for a peninsula such as Cornwall, marine is so important. I was disappointed that the guidance that has come out does not mention marine. Marine is essential. It is part of the same ecosystems for those areas which are coastal.

My message is short: these local nature recovery strategies are vital to our future. We have, as we all know, one of the most nature-depleted areas in the UK. Even Cornwall, the environment of which is loved, has the same problems of retreating nature. This is the chance to have the turnaround in the environmental improvement plan. It is completely within the Government’s strategy. As the noble Baroness, Lady Willis, said, the UK was at COP 15 in Montreal last year. We signed up to the global target of 30% being managed for nature. That is a UK target as well, as put out by the Government. Many local authorities, including in the south-west, have taken that target as well.

I urge the Government to take this step of ensuring that these plans really mean something. Let the thousands of people who will be involved and who will volunteer to participate know that not only will their voices be heard but their policies will be implemented.

[Baroness Pinnock (LD)]

My Lords, we have had some very powerful speeches in support of incorporating local nature recovery plans into the planning system. I wholeheartedly agree with my noble friends Lady Parminter and Lord Teverson, and others such as the noble Baronesses, Lady Willis of Summertown and Lady Jones of Whitchurch. They made powerful speeches, so I do not need to add to their arguments.

However, I want to make two points, the first of which is the importance of stitching together different strategies across different government departments. This, in essence, is what Amendment 184ZA is about—that what was agreed in the Environment Act must be incorporated where it matters: in local plans and national development management planning.

Secondly, the Environment Act currently requires local plans and local planning authorities to achieve a 10% biodiversity net gain in any planning application, but it is not that straightforward. If the applicant is unable to improve the site on which it is developing by a 10% net gain—and a recent application I had resulted in a minus 19% biodiversity figure—the next option in the cascade of biodiversity options is for the applicant to purchase a nearby greenfield site and improve the biodiversity there. If that does not work, you get to commuted sums, whereby the applicant has to provide a sum of money for the local authority to improve biodiversity somewhere else entirely. To me, that is not what biodiversity net gain should be about.

As I have declared on many occasions, I am a councillor in Kirklees. Recently, I had a major application in my ward, and the applicant was unable to pursue any of those options. The commuted sum was for somewhere else entirely, and biodiversity was depleted in the area applied for. That is why these local nature recovery strategies are so important: they put that at the heart of local planning policies and outcomes, so that applications cannot fob off a lack of biodiversity net gain into some other part of a council district.

This amendment has my wholehearted support, and I hope that my noble friend will bring it back on Report if the Government will not accede to it now.

[Baroness Hayman of Ullock (Lab)]

My Lords, it has been a very good debate, and there clearly is a lot of support for the amendments in the name of the noble Baroness, Lady Parminter. We also strongly support them.

As has been discussed, the Environment Act created the local nature recovery strategies and introduced the statement of biodiversity priorities for local areas, accompanied by the habitat map, which identifies where people can contribute to enhancing biodiversity. As the noble Lord, Lord Teverson, said, these are not just nice to have; they are essential if we are to not simply reverse the decline but improve the situation. We know that local nature recovery strategies have the potential to really drive forward the recovery that is so badly needed. Importantly, they bring local knowledge and expertise into play. Also, as we have heard, the duty to apply the local nature recovery strategies in decision-making such as planning is too weak and will have a negative impact on their effectiveness.

My noble friend Lady Jones of Whitchurch pointed out that the Government chose not to accept amendments tabled during the passage of the Environment Bill that would have required local authorities to take close account of local nature recovery strategy land identifications when making planning decisions. She also referred to the pledges made by the noble Lord, Lord Goldsmith. Some of us who spent a lot of time considering that Bill had expectations in this area, and I am pleased that the noble Baroness has tabled these amendments so that we can debate those expectations.

The noble Baroness made it clear that the guidance for authorities on the application of the strategies is just not strong enough. As a result, despite groups mapping sites that will be essential to nature recovery in a local area, local authorities will not necessarily have to take proper notice if they do not want to. That is the fundamental problem, and we do not want lots of time and effort on the part of local nature recovery strategy groups and supporting bodies such as Natural England to be wasted, and opportunities then completely missed.

These amendments, tabled by the noble Baroness, Lady Parminter, and supported by many noble Lords, would rightly prevent any wasted effort and enable the local nature recovery strategies to achieve their full potential. Incorporating them into local planning authorities’ development plans is surely an obvious way to go about this. We do not want them to be weak documents, sitting on a shelf somewhere and not informing proper strategic day-to-day planning decisions. We need them to make a real difference, not just a tangible one.

As we have heard, many people think that greater weight should be given in planning to local nature recovery strategies. The Environmental Audit Committee and the Office for Environmental Protection have supported this approach. The noble Baroness, Lady Willis of Summertown, talked about our commitments at COP 26, saying that there is a gap between what we say we will do and what we actually do, and that planning plays a very important role in nature recovery. As the noble Baroness, Lady Parminter, asked, what are our priorities for the future? How will we meet the government targets? Surely, anything that helps deliver the local nature recovery strategies is to be welcomed. The noble Lord, Lord Blencathra, certainly thought this: he made it very clear that he thinks it important that this be included.

I hope that the Minister agrees with those who have spoken today and sees the absolute sense in accepting these amendments.

--- Later in debate ---

[Baroness Pinnock (LD)]

My Lords, this has been an excellent debate on the conflicts that will inevitably exist between the national development management policies and local plans. I thank my noble friend for pointing out in great detail the difficulties that may arise.

At the heart of this is the fact that, at the moment, we have no idea what will be included in the NDMP. Frankly, that is fairly critical as to whether or not there will be conflict. It will depend on whether these will be very high-level national policies, as in the current National Planning Policy Framework. It will depend on whether they will set standards, as the noble Baroness, Lady Bennett, has suggested. It will depend on whether they will simply reflect what is currently national planning policy but put it into a statutory situation for local planning authorities and local councils to agree to.

In Committee on the Bill last Wednesday, the Minister suggested that we would have a round table to try to tease out the detail and meaning behind the Government’s proposals in the Bill. It is absolutely vital that that happens as soon as possible. Throughout our debate on the plan-led process, it became clear that, if the intentions of the Government for the national development management policies are not understood, there will be conflict—as this group of amendments makes clear—around the degree to which local people have power and influence over local plans at this stage, and around the degree to which planning inspectors who are set to look at the local plans that are drawn up have power and influence over local plans. That is why it is really important that we hear from the Minister as soon as possible. What sort of policies are going to be included in NDMPs? At the moment, it is a fairly blank screen.

I have only one other thing to say, which has been raised by my noble friend. New subsection (3) inserted by Clause 87, which is about revoking or changing the NDMP, says that

“the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons (if any) as the Secretary of State thinks appropriate takes place.”

I hope the Minister will be willing to take away “if any” in that clause and reflect how important it is for local plans to be accepted by local residents. That means that the NDMP has to be acceptable to and accepted by local residents, as it is going to dictate the content or the direction of travel of local plan decision-making. There is a lot that hangs on the content of the NDMP, so I hope that when the Minister replies she is able to give us some hints as to what it will be.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, I begin by addressing Amendments 185A and 192 in the names of the noble Baronesses, Lady Taylor of Stevenage and Lady Hayman of Ullock, which seek to remove or reverse the precedence given to national development management policies over the development plan in planning decisions where there is a conflict between them. I welcome this further opportunity to explain the objectives behind this aspect of the Bill.

As I indicated in our debate on this issue last week, national development management policies are intended to bring greater clarity to the important role that national policy already plays in decisions on planning applications. A clear and concise set of policies with statutory weight will make sure that important safeguards, such as protections for designated landscapes and heritage assets, are taken fully into account, without these basic matters having to be repeated in local plans to give them the statutory recognition they deserve.

These amendments deal specifically with what to do in the event that there is a conflict between national development management policies and the development plan when a planning decision must be made in accordance with both. The amendments would remove the certainty created by the Bill that up-to-date national policies on important issues, such as climate change or flood protection, would have precedence over plans that may well have been made a long time ago.

Some local plans are woefully out of date; for example, some date back to the 1990s. Only around 40% of local planning authorities adopted a local plan within the last five years. It would, in our view, be wrong to say that, in the event of a conflict, national policy does not take precedence over out-of-date policies in these plans, which is what these amendments would achieve. This point is particularly crucial because we wish to use national policies to drive higher standards, especially on good design, the environment and tackling climate change, and it is important that these take precedence in the event of a conflict with out-of-date policies in plans.

Nevertheless, I expect such conflicts to be very limited in future as we are making it easier to produce plans and keep them up to date, and because the Bill makes sure that new plans will be drawn up consistently with national policies, including the new national development management policies. Given the important role that national development management policies will perform and their benefits in providing certainty, I hope noble Lords understand that we are not able to support this amendment. I agree with my noble friend Lord Young of Cookham that few, if any, conflicts should arise under this new way of working.

Amendment 186 in the name of my noble friend Lord Lansley would give national development management policies precedence over the development plan only where there was a “significant” conflict between the relevant policies. Where a local policy and national development management policy are both relevant considerations but not in any conflict, it will still be for the decision-maker to decide how much weight is afforded to these policies based on their relevance to the proposed development. Our clause sets out only what should be done in the event of a conflict between policies where they contradict one another. My noble friend brought up the green belt. Policies controlling development in the green belt are standard nationally and will be set out in the NDMPs. Local plans could—will—define the boundaries of the green belt, as they do now, so I do not think there should be any conflict between those two issues.

We have explained why we believe it is important that NDMPs are prioritised in the event of such a conflict, and we expect such conflicts to be limited, as I have said.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

What I am trying to explain to noble Lords is that there should be no conflict because they deal with different things. The national development management policies are likely to cover common issues that are already being dealt with in national planning policies, such as the green belt, areas at risk of flooding and heritage areas. They would not impinge on local policies for shaping development, nor would they direct what land should be allocated for a particular area. They are totally different things. Looking to the future, therefore, I cannot see what conflict there would be.

[Baroness Pinnock (LD)]

I just want to explore this further, if the Minister will agree to it. The question from the noble Lord, Lord Lansley, is at the heart of this issue. Where there is an existing, up-to-date local plan, why should that not have primacy over the national development management policies, because it will have taken cognisance of those in developing the local plan?

Can the Minister help me here? In the NPPF, there are 16 national planning policies. Does she anticipate that those will be translated into the NDMPs? It is at that level that we need to understand this because, when it comes to local plans, the NPPF is part of them; as the Minister rightly argued, it is put into local plans. But then they are then interpreted locally, for local reasons, which is why I am concerned about an NDMP having primacy over up-to-date local plans.

[Baroness Scott of Bybrook (Con)]

The national development management policies are dealing with the top-level issues. The noble Baroness is absolutely right that we are out to review those issues of consultation. These issues have come back. We have not got the list yet, but your local plan will accept those as being there and will then deal with issues that are local. As my noble friend said, there will be issues such as the green belt, but they will take into account the national policies on green belt and deal only with very localised policies on it, so there should be no conflict. I do not see where that conflict can be. But we are going to have a meeting on this to further discuss and probably have, not arguments, but strong debates—those are the words—on these issues.

--- Later in debate ---

This is not a real point, because I should not make it, but I just remind my noble friend that the counties have large numbers of people who might just be willing to vote for her party. They do not much like being left out, and they are beginning to think that is what often happens, so there may be some self-interest in rewriting this part of the Bill.

[Baroness Pinnock (LD)]

My Lords, how do I follow that? I will not, as it is dangerous territory.

This is a very interesting and important debate because it is about creating part of the hierarchy of a plan-led process. At the moment, we have quite a mixed pattern across England. Obviously, London has the ability to make a spatial strategy policy and plan; so do just some of the metro combined authorities, as they are known. In 2018, there was a statutory instrument which enabled three combined authorities to create spatial strategic plans: they were Greater Manchester, Liverpool City Region and the West of England. The others do not. Why not?

Here is an opportunity to create a more coherent approach to spatial development strategies across the country. I am speaking as someone living in a metro area, in West Yorkshire. It does not have the ability to make a spatial development plan but is getting round it by creating lots of plans which it hopes will be adopted by the constituent authorities so that it, in essence, has one. That is not satisfactory because what is needed is an overarching approach that all the constituent authorities can agree on. At the minute, it is a series of plans for different elements—for example, flooding, transport or economic development.

It is not just the county areas which are being omitted from a coherent approach. I hope that, given this debate, the Minister will be able to give us some hope that there will be a bit more coherence attached to this for all the metro mayors and—as has quite rightly been argued—for the counties. It is a nonsense otherwise. I do not know how you can plan, certainly for economic development and transport infrastructure, unless you have an overall approach which a spatial development strategy would enable.

I was very taken with what the noble Lord, Lord Lansley, said about thinking about which elements we would want included in a spatial development strategy. He quite rightly included economic development in Amendment 200. I do not know how you could have a spatial development strategy without thinking about economic development and setting aside sites for business development. That must be included.

Having said that, you need to include transport infrastructure. As the noble Baroness, Lady Jones, said, climate change must be a part of that as well. Alongside that, if you have housing sites and a broad approach to spatial development and business development, you need to think about public service facilities. At the moment, even in a big metro area such as where I am, these are often so piecemeal, and it is so frustrating. Why can we not have people think about what you need for schools, hospitals, and local general practices, for instance? What about thinking about provision for nature, which was the subject of the first group of amendments this afternoon on local nature recovery plans? That ought to be integrated into an approach to spatial development, as well as leisure facilities. All that needs to be there.

I think it was the noble Baroness, Lady Taylor, who talked about using travel to work areas as the boundary. That makes it extraordinarily difficult if those are not coterminous with the local authority boundaries which are being used. I will give noble Lords an example from my own experience. Travel to work areas in West Yorkshire include York, Barnsley in South Yorkshire and even Doncaster. People from Manchester come and work in West Yorkshire and Leeds and vice versa.

One of the challenges for the Minister is to try to come up with an answer to what boundaries are used because Schedule 7 talks, quite rightly, about the constituent authorities and members of a combined authority, a combined county authority or even—I agree with the noble Lord, Lord Deben—just a county council. You need to know what boundaries you are using.

[Lord Lansley (Con)]

I am sorry to interrupt, but I think it is actually a bit simpler than that. The participating authorities that choose to be in the spatial development strategy choose to be in it and bring their territory with them. Everybody else, from my point of view in Amendment 205, are other authorities that are consulted. They are not making the strategy, they are consulted about it, so their geography does not matter so much.

--- Later in debate ---

[Baroness Pinnock (LD)]

My experience is that that was not quite how it worked. In West Yorkshire, Harrogate—which is just north of Leeds—was included, even though it is in North Yorkshire, because it is part of what they call the “golden triangle”. I think it is a challenge, and I hope the Government will just decide which boundaries they use—I presume it will be local authority boundaries, because that makes sense—and the others are just part of a negotiation.

Those are the key points I wanted to make. It is an interesting group to think about how it all works. I notice in the schedule it says that spatial strategies have to be mindful of, and consistent with, the national development management plans. I would like to hear from the Minister how spatial strategies will operate across a wider region, because if you are talking about transport—the noble Lord, Lord Lansley, picked up on this—you need to think in a wider area than just a small combined authority area.

[Baroness Scott of Bybrook (Con)]

My Lords, this group of amendments concerns strategic planning and spatial development strategies. As these are to date a very rare form of plan, it might be useful to set out some background. The Government recognise that it is often desirable to plan over areas, as we have just heard, wider than a single planning authority in order to properly address the strategic and cross-boundary issues that have been brought up in this debate so far. However, it is important to stress that a spatial development strategy cannot allocate sites; instead, it can set broad indications of how much and what type of development should go where.

Once a spatial development strategy is adopted, local plans within its area must be in general conformity with it; that is, they must generally follow that strategy and its policies. Most of us will not actually have dealt with a spatial development strategy, because only one exists at the moment, and that is in London, which the mayor refers to as the London Plan. Other combined authorities are able to request the equivalent spatial development strategy powers as part of their devolution agreement. Three areas have done so already—Greater Manchester, Liverpool City Region, and the West of England, as noble Lords have heard—but for various reasons, none has produced a strategy as yet. Moreover, the Government have agreed to give a spatial development strategy power to the West Yorkshire Mayoral Combined Authority.

Through the Bill, we are extending the powers to produce a spatial development strategy, on a voluntary basis, to other local planning authorities, as we are aware that in other parts of the country—such as Hertfordshire, Essex, Leicestershire and around Nottingham—some of them have already sought to progress strategic plans over recent years. The Government would like to support and enable these efforts at more strategic planning.

--- Later in debate ---

[Baroness Fox of Buckley (Non-Afl)]

I appreciate that we disagree. I thought the point was that we would disagree well in Committee. I have sat and listened to this debate for many hours. I just wanted to clarify why I think economic development is important: we will not be able to build any houses and nobody’s well-being will be helped if we stand still economically or go backwards. I do not relish austerity for the masses. Therefore, I think we need economic growth, mass housebuilding and the supply side to be tackled.

[Baroness Pinnock (LD)]

It is with trepidation that I follow the last two speakers, the noble Baronesses, Lady Jones and Lady Fox. I will say just one small thing about the green belt. The green belt, as part of local plan making, is reviewed and, as appropriate, areas are taken out of the green belt for housebuilding and development. That is what happens. It happens at the right time and place when there is proper public consultation.

I start with Amendment 198 in the name of the noble Baroness, Lady Taylor of Stevenage. I have lots of sympathy with the idea of deliberative democracy. It is always worth exploring new ways of engaging with local people, involving them in developing ideas and understanding about what is going on, and helping to inform decisions before decision-makers finalise plans. I am concerned that the plan the noble Baroness lays out in Amendment 198 will probably work okay in a district council, but in an area such as the one where I am a councillor, for 450,000 residents, it becomes more challenging.