Levelling-up and Regeneration Bill

Baroness Pinnock Excerpts

Committee stage
Thursday 20th April 2023 Lords Chamber

The only amendment I have not spoken to is that of the noble Baroness, Lady Bennett of Manor Castle, who is right: where there are 20 mph limits, the traffic often does flow more quickly. On the other hand, there are areas with 30 mph limits that should probably be retained, unless you get complete gridlock; one thinks of arterial routes into towns. But that is possibly a debate for another day, and I doubt that the noble Baroness would necessarily agree with my analysis.

[Baroness Pinnock (LD)]

My Lords, I was reflecting that we have barely mentioned levelling up in the last two Committee days. Yet my noble friend has helpfully raised the importance of relating everything we do to the levelling-up missions, which include references to accessible public transport in order to enable accessibility to employment. That was timely.

My name is on Amendment 468, which is about accessible railway stations. I will not repeat what my noble friend said because I cannot add anything, except that I endorse her praise of the work of the noble Baroness, Lady Grey-Thompson, and my noble friend Lady Brinton, and their consistent determination to keep accessible public transport at the forefront of our thinking. If public transport is accessible to the least mobile, it is much better for everyone else, those who are mobile; it makes it better for everyone.

I will briefly speak to Amendment 240, in the name of the noble Lord, Lord Berkeley, because some planning issues are related to it. Everything he said is quite right. The NPPF, which we have mentioned several times, already has a policy on retaining public rights of way, cycle networks, bridleways and so on. Therefore, many local plans will incorporate them, including that of my own council, which

“will support development proposals that can be served by alternative modes of transport such as public transport, cycling and walking”.

The council says:

“The core walking and cycling network as shown on the Policies Map will provide an integrated system of cycle routes, public footpaths and bridleways that provide opportunity for alternative sustainable means of travel throughout the district and provide efficient links to urban centres and sites allocated for development in the Local Plan”.


I thought that all local plans would incorporate such policies, although, from what the noble Lord, Lord Young of Cookham, said, this is clearly not the case. He pointed to the division of responsibilities for highways between the counties and districts, for planning purposes. Therefore, when plan-making, I hope the Government will have a requirement—they may already have one, but if so, it needs to be underlined—to incorporate the highways policies of the responsible council concerned. That would solve at least one of the problems raised.

The fundamental problem with a lot of our planning development policies—I raised this in a different context on the last Committee day—is implementing them. As with my council, we can have grand and worthy policies on retaining the public rights of way network, cycleways, bridleways and all the rest of it, but when that comes up against commercial development interests, I can tell noble Lords now that those interests always win. We have to find a way of balancing that better.

Of course, if a public right of way goes through a commercial developer’s site, it will want to adjust it, but this always has to be in the best interest of the public right of way as well; however, that often does not happen. For example, a development site in my locality abuts the M62, and a historic public right of way went through the middle of it. Of course, the developer did not want to retain it, and the proposal was to divert it so that it ran along the M62. Who would use that? Some of us managed to get it put elsewhere on the site—but that is what we are up against. This is my plea to the Minister, and it is a big challenge for all the wonderful policies we have discussed: how can we ensure that they can be implemented when they are up against commercial interests? That is the key because currently, commercial interests have the upper hand in the end, and in my experience they always win.

Perhaps the Minister will be able to tell me that all new planning applications are required to have an electric vehicle charging point, because that would make sense. My council requires this. This could go into the NPPF, and, if it is not possible—because flats are being considered—there could be a requirement for public provision in the locality of the development.

My noble friend Lady Randerson raised a big challenge about the differential VAT charges. This is outrageous: I had not realised that public charging points have higher VAT attached to them than domestic ones. If we are really going to encourage electric vehicle use, which we must, surely a tax incentive is one of the ways to do so. With those words I look forward to what the Minister says.

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[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, I am very pleased to make my debut on the LURB. I am sorry that it has taken so long, but I may be back again in due course, should there be more transport amendments. Today, it is my job to address this group of amendments, which relate to transport; there are four, and I shall address each in turn.

I start with Amendment 240, in the name of the noble Lord, Lord Berkeley, which relates to cycling and walking and to the role of active travel in local development. I think that all noble Lords agree that the Government recognise the importance of walking and cycling and the role that the planning system plays in enabling development in sustainable locations, supported by active travel infrastructure. It is already the case that national planning policies must be considered by local authorities when preparing a local plan and are a material consideration in all planning decisions. The Bill does not alter this principle and will strengthen the importance of those national policies which relate to decision-making.

The existing National Planning Policy Framework is clear that transport issues, including opportunities to promote walking and cycling, should be considered from the earliest stages of plan-making and when considering development proposals. The NPPF also states that policies in local plans should provide for attractive and well-designed walking and cycling networks with supporting facilities, such as secure cycle parking, drawing on local cycling and walking infrastructure plans. The NPPF also places environmental objectives at the heart of the planning system, making it clear that planning should protect and enhance our natural environment, mitigate and adapt to climate change, and support the transition to a low-carbon future. The Government have recently concluded a consultation on changes to the NPPF to ensure that it contributes to climate change mitigation and adaptation as fully as possible.

I always react with some trepidation when my noble friend Lord Young of Cookham shares his thoughts with your Lordships’ House. He has an enormous amount of experience in this area—and, it would seem, in most areas of government. He challenged me to explain why we think the guidance will achieve our aims. I believe that it is more than just guidance; the NPPF and the new national development management policy set out the Government’s planning policies for England and how they should be applied. These are material considerations in planning decisions. The power in securing positive change for communities is substantial and should not be referred to as just “guidance”.

There is another step forward—perhaps slightly towards where my noble friend would like us to be—with Active Travel England. Many noble Lords will know that Active Travel England was set up relatively recently, and its role will expand over time. It will become a statutory consultee on certain major planning applications from June this year. That means that local planning authorities will be required to consult ATE on planning applications, where developments meet one of the following minimum thresholds: where it has 150 residential units; where it is 7,500 square metres of commercial area; or where it is a site with an area of 5 hectares or more. Furthermore, ATE will also take an active role in supporting the preparation of local plans and design codes.

It is also worth reflecting that local plans must be put in place quickly, and so we must avoid imposing a plethora of additional statutory requirements which local authorities must have regard to, especially when clear expectations are already set through national policy. There is one other—

[Baroness Pinnock (LD)]

I apologise to the Minister, but could she explain to the House where the balance lies between commercial interests and their development, and the policies that she has rightly described as very positive and as needing to be put into place? In my experience, the balance is currently in the hands of the commercial interests.

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[Lord Young of Cookham (Con)]

My Lords, I wish to intervene briefly to put this debate in an important context. Before I do so, I commend the noble Lord, Lord Best, on eventually achieving the victory which he sought when the 2016 Act was going through; it was not the best piece of legislation on housing that Parliament has seen. I agree with what the right reverend Prelate said—that we should unfreeze the local housing allowance or, if we cannot, increase the discretionary housing grant, to enable those who find that they cannot meet the rent to have more support.

I also agree with the noble Lord, Lord Stunell, that “affordable” is a misnomer, but there is a fundamental choice that we have to make, which is: the higher the rents, the more social houses you can build; and the lower the rents, the fewer social houses you can build. That is simply because of the way that social landlords are funded. A Government decide to have a capital fund available for new builds. A Government of a different persuasion may have a higher figure than the current one but, whatever that figure, the number of houses that can be built is dependent on the rent levels which the social landlords can charge.

A Housing Minister has a choice: you can have lower rents, social rents or genuinely affordable rents, but you will get less output. When I had responsibility and was faced with this spectrum, I went for slightly more output but slightly higher rents, to meet the demand for new houses and to build more houses that would last 60 years. I recognise that others may choose to go the other way on the spectrum, but you cannot get away from the fact that this is the choice. If you want to have affordable rents reduced to social rents, the consequence is that you will have fewer houses. I make this intervention at the end of this debate just to put it in a slightly broader context.

[Baroness Pinnock (LD)]

My Lords, I have two amendments in my name that I wish to speak to briefly. However, prior to that, I say that my noble friend Lord Stunell made an important point about how all the amendments here are trying to resolve the issue of what is affordable. So-called affordable homes are those built by the commercial sector as part of a development—a planning obligation—yet the challenge for us all is to provide homes at a social rent, which is roughly estimated as 50% of the market rent.

It is a tragedy for this country that successive Governments seem to have abandoned provision of homes for social rent in any large numbers. Local authorities have been severely constrained in building their own social housing, and the provision of homes for social rent has largely been left to housing associations. We then come to the conundrum which the noble Lord, Lord Young of Cookham, just rightly pointed to—that the capital that housing associations receive from government depends on their flow of rental income. Therefore, do you have more or less? Either way, everybody agrees that there are insufficient homes for social rent.

About 30 years ago, my authority had 42,000 council houses at social rent—it now has 21,000. That is the scale of what has happened. Indeed, my noble friend Lord Stunell is absolutely right that about half of them are now back in the market as private rented properties at a higher rent for folk but without any of the support packages provided for homes for social housing rent within either a local authority or a housing association. That is a huge challenge that this country needs to tackle. One of the key factors in levelling up is a decent home—it is in the levelling-up missions. Millions of people in our country do not live in an adequate, safe home appropriate for their family, and we need to address that scandal.

On affordability, my noble friend Lord Stunell expertly laid out the issues, and I do not wish to say anything, except that obviously I totally support him. I wish to raise one issue about affordability that is a bit of a side issue. It seems that any property built as part of a commercial development which is deemed affordable should be affordable in perpetuity. My own council adopted that policy—I have to say as a result of pressure from my own party there—so that, when the house is bought, the 80% factor remains. The least the Government could do is to include that as part of a definition of affordability.

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All citizens surely have a right to see legislation clearly in its current state. This amendment would place a statutory duty on the Secretary of State to ensure that an up-to-date consolidated text is made available on the official website at all times. Would that not be appropriate and right? I beg to move.

[Baroness Pinnock (LD)]

My Lords, I have a lot of sympathy with the views expressed by the noble Lord, Lord Lexden, about conservation areas and permitted development rights. For residents who are fortunate enough to live in a conservation area, it is both a privilege and a responsibility. When the noble Lord was trying balance homeowners wanting to make appropriate changes—and sometimes inappropriate changes—and local planning conservation officers seeming to rule the roost over what is and is not appropriate, I asked myself, “Where were the local councillors in this mix?”. Where I am a councillor, I have conservation areas in my ward, and where there is a disagreement about what is appropriate, I ask for it to go to the planning committee. Then, it has a public airing, which is precisely what should happen. The planning conservation officer states one view and residents another, and a decision is made. One of the great purposes of planning committees is to air views, balance them out and come to a conclusion.

I also have concerns about always expecting to maintain the standards of a building that was created 100 or 200 years ago in wood and glass, when the rest of us are trying very hard to increase insulation, particularly of windows and doors. A couple of years ago, I visited a window manufacturer not too far from here which makes heritage windows from plastic. I could not tell the difference, even though I have an interest in conservation and heritage. In our regulations, we need to enable that to happen so that buildings remain appropriate for the time, while conserving the best features and personality of a townscape, which I know the noble Lord, Lord Lexden, wants to retain for people to love and enjoy in the future.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Lord, Lord Lexden, for introducing the amendments in the name of the noble Lord, Lord Northbrook.

I just make a very brief comment about the issue of replacement windows. My concern comes from a property that I know; it is in a conservation area and the windows are basically falling to pieces. It is owned by a young couple who applied for planning permission to replace the windows with something very similar, but not like for like—they could not afford like for like. Of course, they were turned down because it did not fit under the planning regulations as they are currently set up. A couple of years on, the outcome is that the windows are falling to pieces and nothing is happening. The couple are stuck, and the windows look dreadful. That is not their fault; they cannot afford to do what the planning inspectors tell them that they have to do.

I am very pleased that these amendments have been brought forward, because they enable us to talk about these anomalies in the way that the planning legislation is currently set up. It tries to protect the look of a place, but if that means that something does not happen because the owners of the property do not have the resources or finances to be able to do it, the property starts to decline. We have the example of windows, but it can be so much more. These are quite specific planning issues, but this is something that needs to be looked at.

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[Lord Stunell (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Young of Cookham, and the noble Baroness, Lady Taylor of Stevenage, in this debate. My contribution is quite modest compared to their overarching and sweeping criticism of Clause 99 but, just by way of flanking fire, perhaps I can say that it covers eight pages of the Bill, which is more than the whole of Part 1, which sets up the mission statements. That seems to me to be a wholly disproportionate application of drafting time, when we consider the level of detail not present in Part 1 and the level of detail here. That is perhaps the only point at which I would wish to challenge the noble Baroness, Lady Taylor of Stevenage, in her request for yet more detail. I honestly do not think this Bill needs any more detail on street votes.

Nevertheless, I have tabled Amendment 253A, which aims to ensure that where approved neighbourhood plans are in place, they cannot be overturned by a street vote. It is, to that extent, rather in the same vein as Amendment 248, moved by the noble Lord, Lord Young. He set out that there should be a clear hierarchy between street votes and development plans so that local development plans trump street votes. My amendment takes a different approach to neighbourhood plans. It simply adds to the list of places where street votes cannot be held—which exists in the Bill—those areas that have valid neighbourhood plans in force. In other words, within areas where there is an approved neighbourhood plan, street votes are not to be an available mechanism.

Like the two previous speakers, I do not really get what value there might be in street votes as a concept. I see some places where they may create or might enable some worthwhile flexibility at a micro level below the reach of borough-wide development plans. However, I admit that I am struggling to imagine what a good example of that might exactly be. It has been suggested, by the Minister, apart from anybody else, that it provides the opportunity for low-level densification of homes in a street. I think the noble Lord, Lord Young, commented to some extent on that, but I will just pick up a point made by the noble Baroness about biodiversity.

One of the things that recent planning changes have brought into view is that gardens should not be paved because of the need to maintain natural drainage. The more the footprint of buildings is increased, the bigger the run-off and the bigger the risk of local flooding at the least. Therefore, that connection will sometimes be a consideration which needs to be taken into account.

It is easy to imagine some less benign examples of street votes, such as perhaps a west London street agreeing that sub-basements with cinemas and car parks would be perfectly fine there. If that was done on the basis of a referendum, the result of which—just to pick two figures out of the air—was 52% to 48%, there would not just be some discontented people living in neighbouring streets but perhaps substantial levels of discontentment in that street.

That brings me to ask a question about who gets to vote. Presumably they are people registered on the electoral roll. That is just as well, because in that west London street the big houses probably also have five or six servants—chauffeurs, cooks and chefs—and, of course, the let-out as far as the voting goes is that they are probably not UK subjects. The noble Baroness made a good point on behalf of renters: in a community, particularly an inner urban area where a transient population is normal, who votes, when they vote and what the qualification is to vote is important.

One of the many pluses of a neighbourhood plan, particularly the process leading up to its adoption, is that all those nook-and-cranny micro details can be considered and a consensus built as part of that plan. That is itself subject to a public endorsement and a referendum. It seems to me fundamentally wrong to have a situation in which such an endorsed, publicly recognised and approved plan, with a level of local public participation that far exceeds the adoption of a local development plan by a planning authority, could be overruled or subverted by random revocation of bits of it in the street votes.

My argument is straightforward. Essentially, where a valid neighbourhood plan is in force, all the work on microsites and flexibilities will have taken place already in drawing up that plan. Whatever the merits of the principle of street votes, they would be an unnecessary duplication of effort and expense within a neighbourhood plan area. My amendment avoids that overlap and the inevitable confusion it would cause in the local community if its democratically prepared neighbourhood plan was set aside, even if only in one part. I hope to hear that the Minister agrees with that and will accept my amendment.

[Baroness Pinnock (LD)]

My Lords, I think we can say that there has been a less than enthusiastic response to the proposals in Clause 99, and I endorse everything said by the three previous speakers. Rather than laying out any other reasons in great detail, which other noble Lords have done, my questions for the Minister are these. First, what is the problem to which this is the solution? Secondly, what is a street? I know there is a clause defining a street, but I should really like to know whether Manchester Road in Huddersfield, which stretches for seven miles, counts as a street, or Halifax Road, which goes from Halifax to Dewsbury. Is 10 miles a street? I need to understand what a street is.

That leads to my third question. We have discussed at length in the past few days the purpose of planning and what is required of our planning system to enable development, but also to enable communities that work and to protect our environment. Currently, any planning application for more than one house needs a construction management plan but there is no reference to that in Clause 99. In any development of the sort that I think is being considered—back gardens or whatever—there is also the question of linking to the existing utilities, particularly water and wastewater removal in some areas. We need to know how sustainable that will be or whether there will have to be sustainable urban drainage to achieve it. Where I am now, nearly all the developments must have attenuation tanks built into them to do what they say: hold back the water to reduce the risk of flooding. All that would need to be thought about, as well as the issues that the noble Baroness, Lady Taylor, raised about biodiversity.

The Government, in their wisdom, changed permitted development rights of change of use from offices to residential areas. Because that could be done without proper process, one of the big issues that ensued concerned parking—or the lack of it—because there was no provision and no consideration had to be given to it, so none was applied for and there was a big problem.

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[Earl Howe (Con)]

That is a helpful suggestion, which I am happy to feed in.

On Amendments 252 and 253, in the name of the noble Baroness, the Government recognise that leaseholders will often have an interest in proposals for street vote development. Leaseholders will be able to be part of a group that can bring forward a proposal for a street vote development order if they are registered to vote in a local council election at an address in the street area on a prescribed date. If a proposal passes examination, a referendum will be held on it. Subject to the outcome of consultation, the Government envisage making a provision so that individuals, including leaseholders, who are registered to vote in the local council election at an address in the street area, as well as commercial rate payers there, will be eligible to vote. Again, we intend to consult on this proposal and on our proposals for referendum approval thresholds as part of a wider consultation on the detail of the measure.

[Baroness Pinnock (LD)]

I apologise. The noble Earl said that commercial developments in an area would have a vote, but how would they be on the electoral roll? Clause 99 says they would be.

[Earl Howe (Con)]

It is not that businesses would be on the electoral roll. If I misspoke, what I meant to say was that residents who are registered to vote in a local council election at an address in the street area on a prescribed date will be eligible to vote as part of this arrangement, as well as commercial rate payers in the area.

[Baroness Pinnock (LD)]

So could Tesco, for instance, have a vote, if there was a little Tesco Express on the street?

[Earl Howe (Con)]

The intention is that, if there is a commercial business paying commercial business rates, it should be allowed a voice in this process.

[Baroness Pinnock (LD)]

This gets more interesting by the day.

[Earl Howe (Con)]

No doubt this will be the subject of further debate—

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[Earl Howe (Con)]

I appreciate the noble Lord’s question and his interest in that amendment; I understand why he felt he should have asked the question. My advice is that, despite its size, this additional schedule represents a minor and technical change, which is necessary to ensure the effective operation of the street votes process and to ensure that it is integrated into the wider planning system. However, I am happy to write to him with further and better particulars.

I hope that the Committee will feel more comfortable with the provisions as I have explained them, and that the government amendments will be accepted when they are reached.

[Baroness Pinnock (LD)]

Near the beginning of my speech, I asked the Minister if he would be able to define a street. Could he do so now?

[Earl Howe (Con)]

I am so sorry I omitted to reply to the noble Baroness; I will write to her. It is a question I ask officials myself. It is an issue which will be decided in the consultation because, as she rightly said, there will be instances where a street, as such, does not exist. For example, you might have a small community of houses where the owners or residents may wish to apply under this procedure. In short, this is an issue to be determined under the consultation.

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Moved by

[Baroness Pinnock]

257B: Clause 101, page 124, line 2, at end insert—
“(aa) residents of the local area who may be affected by the application, and”Member's explanatory statement
This amendment would require the Secretary of State to consult local residents before determining an application under this section.

[Baroness Pinnock (LD)]

My Lords, my Amendment 257B is to Clause 101, by which the Government will centralise to the Secretary of State some of the most important planning decisions that will be taken in any locality. The example that I will use is that of the proposed use of former airfield accommodation for housing asylum seekers. I do not want to debate the principle of that today—it is a proposal by the Government. What I am interested in, and concerned about, is the proposal from the Government as to how such a decision will be made. This relates to some of the most important planning applications that will ever occur in a locality. As we have heard over the last few meetings of this Committee, there is a well-thought-through, well-laid-out and well-understood—on the whole—planning process to determine applications either for a new development or a change-of-use development. The proposal here is to try to bypass that, because it would be difficult.

We live in a democracy, and the whole purpose of a democracy is for the voice of the people to be heard and for decisions to be made, having heard the voice of the people—of residents. I feel really strongly about this. In my experience, the worst thing that happens in a locality is when somebody in authority tries to impose a solution. It never works—and the experience of the Government so far shows that this will not work. The proposal for Linton-on-Ouse airfield in North Yorkshire to be used for accommodation for asylum seekers had to be fairly rapidly rescinded because of local objections. There is a way of doing things—and, yes, it takes time, but time is a healer. It gives a way of hearing voices that are, at first, perhaps angry, but can then be made less angry, or perhaps even ameliorated, through discussion and hearing both sides of a proposal.

Currently what happens with any planning application, but particularly big planning applications is that, first, it is notified in a formal way and word gets round in informal ways. A timetable is laid out for how the planning application will be considered, including a period in which objections can be made by local people. Then there is an opportunity at a meeting of the planning committee to hear the proposal and any objections. I think that most planning committees now allow, and encourage, members of the public to speak to the committee so that their voices and concerns can be heard. If planning officers are involved, one of their skills is to try to find a way through a difficult proposal by hearing the voices of those who live in the locality and of the planning proposal applicant. They try to find a way through so that, while nobody will be totally satisfied, there is less dissatisfaction. The decision is made in an open way—it is webcast, these days, well reported and understood—and a list of planning conditions are laid out so that all the issues that local people are concerned about can be addressed.

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However, regretfully, as has been shown by the current process for nationally important and urgent development, we must have a system in place which enables any Government to react quickly in circumstances where a development which by its nature must be delivered urgently and is in the national interest can be delivered. Creating a system which mirrors what we have already will not benefit our communities when we need to make planning decisions urgently. With these reasons, I hope that I have persuaded the noble Baroness of why I cannot accept this amendment.

[Baroness Pinnock (LD)]

I thank the Minister for his careful response to the concerns that have been raised. I said at the outset that I understand that some planning decisions must be made rapidly in the national interest.

However, unrestrained power for an undefined purpose of national importance, as the noble Earl, Lord Lytton, said, is at the heart of this. The Executive are taking too much power without being clear on why an urgent decision is needed. If the Government had come forward with a speeded-up process for urgent decisions, shortening the planning process because something is urgent but still enabling people to have their voices heard, I would be more inclined to support that, but not them just saying that, basically, the Secretary of State can make the decision.

I end with this because it is near—well, nearish—me. Linton-on-Ouse was an abject failure of this process. A decision was made to use that accommodation. Nobody was asked, nobody was told. Lots of people said, “Oh, right, we’re not having this then”, as they do in Yorkshire and no doubt do elsewhere. They decided to have a public meeting and put an end to it, and that is exactly what happened, whereas with thoughtful, informed decision-making, the Government may have been able to get to a solution. The Minister’s proposal that this is the only way to get a timely, proportionate, faster and more effective route has not been borne out in practice.

I get upset when the phrase “illegal migrants” is used. The people coming across the channel are asylum seekers. If some of them have their asylum applications refused, they will at that point be illegal migrants, but otherwise they are asylum seekers.

I beg leave to withdraw the amendment.

Amendment 257B withdrawn.