Chatham Docks Basin 3 Redevelopment

Theresa Villiers Excerpts
Wednesday 1st May 2024

(1 week, 2 days ago)

Westminster Hall
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Kelly Tolhurst Portrait Kelly Tolhurst
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I thank the hon. Gentleman for his comments. He is right that Medway Council is out of a local plan. The previous local plan, which is occasionally referred to regarding planning applications, clearly designates Chatham docks as a commercial rather than residential area—hence my campaign, with others across the Medway towns, to demand and ensure that Chatham docks remains a commercial site, rather than a residential-led development.

Peel has also claimed that, on completion, 2,701 jobs will be in office space. Without the density specified, that would pose a risk of under-utilisation of the available area. Independent analysis revealed that in reality we have seen a shortfall in job creation, with around only 200 full-time jobs materialising since the plans were first introduced more than 14 years ago. That represents 26% of phase 1 jobs estimates and 6% of the total jobs promised across the whole of the Chatham Waters development—a far cry from the lofty estimates put forward.

It transpired that in 2019 Peel had desires to redevelop the Chatham docks site into primarily residential areas. The updated plan was led by 3,600 homes and claimed it would support over 2,000 jobs on site. Although the shift towards housing development appeals to Medway Council’s housing targets, it raises concern about the potential impact on existing jobs and industries at the docks.

It has been clear that Medway’s housing targets have been disproportionately affecting my constituency of Rochester and Strood. Over the past 15 years, we have seen delivery of thousands of new homes, with thousands more in the pipeline for my constituency, while sites such as Chatham docks are now at risk due to Medway’s focus on meeting targets. We require a more strategic approach to housing development, focusing on suitable locations with adequate infrastructure.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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Does my right hon. Friend agree that, with these important sites, it is crucial to respect the character of the surrounding area in deciding what is to be built? In particular, there is a need for larger family homes, but many developments of this sort seem focused almost entirely on small flats.

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Matthew Pennycook Portrait Matthew Pennycook (Greenwich and Woolwich) (Lab)
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It is a pleasure to serve with you in the Chair, Sir Philip. I congratulate the right hon. Member for Rochester and Strood (Kelly Tolhurst) on securing this important debate. I know that a great many of her constituents value immensely the contribution that Chatham docks has made to Medway over many decades. I recognise that there is a general desire among them for greater clarity on the future of the site as a whole and the jobs linked to it, including, but not confined to, the 18-acre basin 3 plot that is the subject of this debate.

Constrained as I feel I am from delving into the fine detail of what is a live planning application, I will take a step back and place the debate in a wider context. As we all know, previously developed brownfield land is a finite resource and subject to competing demands when it comes to future use. The intense competition for such land in urban areas and the ever-present tension between economic and residential uses that results is precisely why a brownfield-first approach to development, which Government and Opposition agree on in principle, cannot mean a brownfield-only one, and it is why the current plot-by-plot approach to development will never be sufficient to meet total housing need across England. It is precisely because the Opposition recognise that the shortage of employment land is a growing concern that, although we are determined to improve on the Government’s lacklustre record when it comes to brownfield build-out rates, we intend to take a more strategic approach to planning in terms of both green-belt land release and planning for many more large-scale new communities, whether new towns or urban extensions, so that we are better able to sustain housing and employment growth across the country.

As things stand, the Government’s persistent failure to support local communities to accommodate housing growth strategically either by means of the development of major sites in their boundaries or through cross-boundary, strategic growth in co-operation with neighbouring authorities forces local planning authorities to wrestle with competing demands for employment and residential uses on the limited brownfield sites available to them.

Theresa Villiers Portrait Theresa Villiers
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Many of my constituents are really worried about the statement by the Leader of the Opposition that he proposes to ignore the views of local communities in determining what gets built. Will the shadow Minister distance himself from those comments?

Matthew Pennycook Portrait Matthew Pennycook
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We certainly will not ignore the views of residents when it comes to planning proposals. However, it is fair to say—this is partly why I find the yimby/nimby debate incredibly reductive—that there is a core of people in the country who do not want development—

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Matthew Pennycook Portrait Matthew Pennycook
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I thank the right hon. Lady for that point. I did indeed write to her; it is a small number, but I have a few constituents who work at Chatham docks. As I said in opening my remarks, I very much recognise the existing concerns about the future of the sites and the jobs linked to them. To clarify what I said, I did not condemn nimbys in the debate: I said that we need to move beyond the incredibly reductive debate between yimbys and nimbys. There is a far more nuanced position out there. As I said, there are people who oppose development under any circumstances, and we are clear that we will take them on. There is a wider group of people who oppose bad development, and we must change the offer to them.

Theresa Villiers Portrait Theresa Villiers
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May I respond to one final point?

Matthew Pennycook Portrait Matthew Pennycook
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I will give way one final time.

Theresa Villiers Portrait Theresa Villiers
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I thank the hon. Gentleman. Does he acknowledge that the vast majority of people expressing views about development proposals accept that we need new housing, but we just need the right homes in the right places?

Matthew Pennycook Portrait Matthew Pennycook
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I take issue with the right hon. Lady on the idea—I think that phrase is used too often to obscure what I think is her real position, to be fair to her—that her local authority should be able to plan for less housing than the standard method that the target implies. We take the opposite view; we have a very legitimate difference of opinion here. We do not think that local authorities should be able to plan for under-housing need targets, and that is where the difference comes on the NPPF changes. It is not a question of whether there should be good development. Yes, we must change what the offer of development means, but it cannot be the case, as the right hon. Lady so often advocates, that no development takes place because of the characteristics of a local area or many other attributes that local authorities can now use as a result of the NPPF to come in under target. That is a clear difference of opinion between the Government and the Opposition.

I will return to the argument I was making. Like many other councils across England, Medway Council now confronts a dilemma with this brownfield site as a result of the nature of the housing and planning system over which the Government preside. First, through changes to national planning policy, Ministers have ensured that there is no effective mechanism for sub-regional strategic planning that might enable what is a relatively small unitary authority in Medway to meet housing need in a co-ordinated manner. That could have been done through a joint plan with neighbouring two-tier authorities in north Kent, as the historic south-east regional spatial strategy did with the Kent Thames Gateway.

Secondly, because central Government support has not been forthcoming, the number of viable potential sites within Medway Council’s own boundaries has narrowed. The most pertinent example is the Government’s decision to withdraw from the authority £170 million in housing infrastructure grant funding that would have facilitated the construction of 10,000 homes over 30 years on the Hoo peninsula, despite the Department seemingly not having spent £2.9 billion of the £4.2 billion allocated by the Treasury to that fund. As a result, Medway Council now must determine alone how it meets its housing targets across the sites that remain available and viable. As I said, we take the view that they must meet those targets.

The challenge I put to the right hon. Member for Rochester and Strood, leaving aside the considerations of investment required in the docks to bring it up to a viable operation in the future, is for those who take the position that it should remain a working port to identify the collection of sites across Medway that will ensure the authority can build 29,844 homes—the numbers have been slightly updated since the ones she cited were published—between now and 2040, because that is what it will take to meet housing need in that particular authority.

Medway Council proposes—quite rightly, in our view—to make that determination in a considered manner through the local plan development process. I very much welcome the fact that the present leadership of the authority have restarted the process and are working at pace to complete it. The pattern of indecision and delay that characterised the approach of previous Conservative administrations to planning and development in Medway over two decades was lamentable as, it must be said, is the Government’s record on boosting local plan coverage across England more generally. It is frankly laughable that, despite the extensive range of powers to intervene that Ministers enjoy, the Government are presiding over a local plan-led planning system in which only a third of authorities—and falling—have a plan that is less than five years old, with the number of plans published, submitted and adopted last year the lowest for a decade.

The local plan-making process in Medway is now firmly underway, and I do not think it is for Members in this place to pre-empt its outcome, but it is worth remarking that Medway Council obviously cannot prohibit Peel Waters from submitting a proposal for mixed-use development on the wider Chatham docks site as part of the local plan preparation process, in the same way that the authority cannot force that developer to make the necessary investment that might sustain the docks as a working commercial port. Just as the contents of the developing draft local plan are ultimately a decision for Medway Council itself, considering not only how to meet housing need but how other economic, social and environmental priorities can be addressed, so is the determination of the basin 3 application submitted for the present industrial state to be redeveloped for employment facilities.

As such, while I certainly appreciate that concerns exist about the employment opportunities changing on the site in question, and whether all the sitting tenants will agree to be relocated or compensated, it would not be appropriate for me to comment on the application, just as I know the Minister will not be able to discuss details of the proposal, given the quasi-judicial role of the Secretary of State in the planning system.

To conclude, the case of Chatham docks reinforces our strong belief that we need to make changes to the planning system to ensure that the Government take a more strategic approach to development across the country, thereby enabling local planning authorities to better balance competing priorities regarding brownfield regeneration. It also highlights the pressing need to do more to boost local plan coverage. An up-to-date local plan is the most effective means of influencing where and how development takes place in any given authority area for both the housing and jobs that communities need.

The situation is lamentable, and many of the problems we are discussing stem from the fact that the authority has not updated its plan since 2003. Much of the uncertainty that the constituents of the right hon. Member for Rochester and Strood are feeling about the future of Chatham docks would be significantly abated had previous Medway Council administrations prepared and adopted an up-to-date local plan with a robust and viable proposal for the site—the present administration finally doing so is to be commended. It is the elected members of that authority who are best placed through engagement and consultation with the local community to take decisions on local planning matters, including in due course the basin 3 application.

Lee Rowley Portrait The Minister for Housing, Planning and Building Safety (Lee Rowley)
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It is a pleasure to serve under your chairmanship, Sir Philip. I congratulate my right hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) on securing this debate. I thank her for the opportunity to be able to talk—in the limited way that I am able to—about the importance of the Medway towns, and getting planning right in them and in her constituency of Rochester and Strood over the years ahead.

My right hon. Friend is a huge advocate for her constituency. We have spoken on a regular basis since I have taken this portfolio, so I know how strongly she rightly feels about ensuring planning is as right as it can be in the area. She strongly advocates for her constituents and for how important it is to get planning right. As the hon. Member for Greenwich and Woolwich (Matthew Pennycook) indicated, it is now Labour members who have the opportunity to make progress with those specific local plans. Given their variation of views in the last few months alone, that does not bode well. However, we wish them well, because we all want them to get it right, and we hope that they will do so, even if their current record does not indicate that this is very likely.

The speech by my right hon. Friend the Member for Rochester and Strood highlighted not only what a strong advocate she is for her constituency but the huge importance of this issue from a historical perspective. She talked about her background and those of many of her constituents in the area. As someone who shares that link with my constituency, I know how important it is that representation is brought to this place, and my right hon. Friend did that in this debate, as well as in others before.

As my right hon. Friend the Member for Rochester and Strood appreciates, and as the hon. Member for Greenwich and Woolwich indicated, there are limits to what I can say. There are some things that I can say and some I cannot. The Secretary of State and Ministers in the Department have a quasi-judicial role within the planning system, which means there is the potential for all planning applications to come to us for final decision, so it is both inappropriate and incorrect for us to talk about individual planning applications. Thus, I am unable to talk about the specifics of the planning application today. I know that my right hon. Friend knows that and appreciates the point I am making.

When I have had debates like this in my constituency, I used to be frustrated by that answer, but it is a necessary one and one that we must honour to ensure that we do not prejudice anything that may come in the future. None the less, I hope I can say a few things about the general position and about planning. In order to enter them into the record, I will say a few things about the national planning policy framework, and the overall framework, not least because the hon. Member for Greenwich and Woolwich has made a number of assertions, which I will come on to in a moment.

The Government set the legislative and policy framework, including the NPPF, within which the planning system operates. Local planning authorities, as has been outlined today, are responsible for preparing a plan, then for making decisions that align with that plan. In doing that, they interpret the national policy and guidance, which is primarily generated through the NPPF, within the legislation and then according to local circumstances.

The stated and avowed purpose of the planning system in this country is to contribute to the achievement of sustainable development that considers economic, societal, social and environmental objectives. Planning policies and decisions should play an active role in guiding developments towards sustainable solutions, but they must and should take into account local circumstances and reflect the local character, needs and opportunities of each area. We recognise that Rochester and Strood is very different from North East Derbyshire, as it is from Chipping Barnet and from Greenwich and Woolwich, which is why it is correct that local politicians lead planning within a broad national framework that the Government of the day set out.

We have talked in much of this debate about the importance of economic development and about protecting commercial activity. The NPPF also sets out the importance of planning for economic development. Planning policies and decisions should help to create the conditions in which businesses can invest, expand and adapt. That is why the NPPF states that significant weight should be placed on the need to support growth and productivity, taking account of both business needs and wider opportunities for development. As hon. Members have outlined, the NPPF was last revised in December 2023 following a consultation process. The changes that we made try to support our objectives of creating a planning system that delivers the new homes we need while taking into account the important areas, assets or local characteristics that should be protected or respected.

Theresa Villiers Portrait Theresa Villiers
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One of the important changes in the new NPPF is the affirmation that councils should not be forced to build at densities that are significantly out of character with the surrounding area. Can the Minister tell the House how that is operating in practice and what difference it is making to developments such as the one we are debating today and others around the country?

Lee Rowley Portrait Lee Rowley
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I am grateful to my right hon. Friend for her question. As she rightly outlines, we made a number of changes to the NPPF, including one to indicate that the character of an area is important to consider within any future local planning. As she will appreciate, local plans often take several years to come through, so we revised the framework a number of months ago. We have been clear that councils should seek to move quicker when they need to. We have asked a number of councils to provide timetables for getting to the endpoint, and we will closely monitor what is happening in the months ahead not just on the point about character, which is important, but on the other changes that we made. We made changes about the potential for local councils to look at alternative methods to assess their needs, the importance of beauty within a system, support for small sites and community-led developments, and greater protections for agricultural land. One of the reasons for the debate today is that, as we all know, the planning system is not perfect, but trying to balance all those individual areas is important.

As a constituency MP who went through an extremely difficult time with local planning a number of years ago—down to the Labour party, which failed our area for many years because it was too unwilling, unable and incompetent to ever put a local plan in place, creating over 1,000 more houses than was necessary—I have seen the pain caused by not doing local plans in a timely manner. I know how important it is to think through the implications that plans have for the local community and the consequences of not making decisions. I appreciate the points made by my right hon. Friends the Members for Chipping Barnet (Theresa Villiers) and for Rochester and Strood.

Before concluding, I will turn to a number of points made during the debate. My right hon. Friend for Rochester and Strood has made a clear case for the position that she and many of her constituents have adopted. I know that she made that case over a number of parliamentary debates before I came into post, and she will continue to make it. We have spoken about the importance of getting planning in Medway into a better place that works for people. As we have just mentioned, the Labour party is now in charge. It owns the situation and it has the choices. It made a series of cases to the electorate a number of months ago, and now it has to work through that.

Oral Answers to Questions

Theresa Villiers Excerpts
Monday 22nd April 2024

(2 weeks, 4 days ago)

Commons Chamber
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Lee Rowley Portrait Lee Rowley
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As my constituency neighbour recognises, there is, rightly, a substantial amount of taxpayer subsidy for remediation. We are trying to ensure that that taxpayer subsidy is then clawed back from those responsible for the problems in the first place. Where there are challenges and issues with registered providers, we are very happy to talk to them. We have done that and we have made changes where necessary.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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Following a fire last summer, timber and unplasticized polyvinyl chloride cladding on 586 homes in the borough of Barnet was identified as needing remediation. A number of those homes are in my constituency. Homeowners are facing bills of £23,000. Will the Government help them with those bills?

Lee Rowley Portrait Lee Rowley
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This important issue is very much on our radar, and one that we are working through. I had meetings about it only a few days ago, and I continue to do so. Perhaps I could update my right hon. Friend separately outside the Chamber with further information about our proposed approach.

Oral Answers to Questions

Theresa Villiers Excerpts
Monday 4th March 2024

(2 months, 1 week ago)

Commons Chamber
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Felicity Buchan Portrait Felicity Buchan
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The Government were absolutely clear that those were not appropriate comments. That is completely clear. Any form of religious hatred is not acceptable in our society.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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The recent rise in anti-Muslim hate incidents and crimes is really worrying. Will the Government do everything they can to improve education so as to improve multi-faith understanding and tackle this scourge?

Felicity Buchan Portrait Felicity Buchan
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My right hon. Friend makes a good point. Education is critical, and we need to bring our communities together. Last weekend, I was delighted to attend an inter-faith event in my constituency that included Holland Park synagogue, where it was hosted, and al-Manaar mosque. That inter-faith work and communities working together is critical.

Inter Faith Network Closure

Theresa Villiers Excerpts
Thursday 22nd February 2024

(2 months, 2 weeks ago)

Commons Chamber
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Felicity Buchan Portrait Felicity Buchan
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I truly believe that inter-faith work makes a good contribution to our society. My constituency is one of the most diverse in the entire country, and I have on a number of occasions brought together my mosque, my synagogue, Christian churches and my gurdwara. We recognise the benefits of inter-faith activity. I thank the Inter Faith Network for its work; however, we have always been clear with that organisation and any other organisation or charity that the Department for Levelling Up, Housing and Communities funds that they need to put in place alternative sources of funding. As I said, the Government cannot fund this organisation when a trustee is part of the MCB.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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I was contacted last year by my constituent Esmond Rosen of the Barnet Multi Faith Forum, who expressed concern about the imminent withdrawal of funding from the IFN. As we have heard, it looked in July as if the problem was resolved —at least for the financial year—so it is regrettable that we are in this position. I completely understand the importance of not engaging with organisations that have hard-line views, but surely we can find some compromise to keep the IFN in business, because it does incredibly valuable work to foster respect and mutual understanding between different faith groups.

Felicity Buchan Portrait Felicity Buchan
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I thank my right hon. Friend for all her work on inter-faith matters. What has changed since July is the appointment in November of a trustee who is a member of the MCB. In terms of inter-faith work, there are so many examples of positive, thriving initiatives across the country that are bringing people together. The Department for Levelling Up, Housing and Communities funds a number of those partners, including Near Neighbours and Strengthening Faith Institutions, which organise local-level inter-faith events to foster community cohesion.

Holocaust Memorial Day

Theresa Villiers Excerpts
Thursday 25th January 2024

(3 months, 2 weeks ago)

Commons Chamber
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Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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I feel humbled and privileged to take part in this solemn debate. This year, as in past years, it is an opportunity to show the House of Commons at its best. It is an honour to follow the powerful interventions by the right hon. Member for Barking (Dame Margaret Hodge), the right hon. Member for Beckenham (Bob Stewart), my hon. Friend the Member for Brigg and Goole (Andrew Percy) and others.

Every year in preparing for Holocaust Memorial Day, I struggle all over again to comprehend how a well-educated, highly cultured and seemingly civilised society in Germany could turn on its Jewish citizens with such cold-hearted barbarism. Those Jewish communities had been part of central and eastern Europe for centuries, and were so dehumanised by hate-filled Nazi propaganda that most people just stood by when their Jewish neighbours were herded in ghettos and then on to trucks and trains bound for the death camps.

Holocaust Memorial Day is an opportunity to remember a series of genocidal crimes, including the holodomor perpetrated on the Ukrainian people, about which I have spoken in past debates. But it is hard to think of anything that can match the sheer scale of the evil perpetrated by the Nazis in carrying out murder on an industrial scale, brutally cutting short the lives of six million Jewish men, women and children, and millions of others just because they were gay, Roma, Sinti, disabled or because they were brave enough to resist the Nazis. We need to remember the heroes who stepped up and saved people, sometimes putting their own lives at risk. There were heroes here who organised the Kindertransport and saved many lives.

We also need to reflect on this country’s approach to its mandate in Palestine and its decision to seek to reduce Jewish migration there in the 1930s, just when so many were trying to flee attacks in Europe. It is possible that many more could have escaped the Nazis if the British mandate authorities had taken a different approach. Even after the savagery of the holocaust was fully revealed, British resistance to Jewish migration to the Holy Land continued. Those Jewish people trying to make a new life for themselves in the Jewish state that had been promised were turned away and left in displaced persons camps. Some were even sent back to Germany, from where they had come.

As everyone has said, it is crucial that we remember the victims of the holocaust at a time when antisemitism is rising again in a way that is utterly unacceptable in any civilised society. The coming days are an opportunity once again to warn younger generations of the appalling consequences of antisemitism and where it can lead. I would recommend that anyone wishing to understand what happened visit Yad Vashem in Jerusalem. It is the only museum that has reduced me to tears. One of the most powerful exhibits is the display of shoes taken from holocaust victims at the concentration camps. These personal possessions—suitcases, glasses and shoes —provide one of the defining images of holocaust remembrance.

Like my hon. Friend the Member for West Bromwich East (Nicola Richards), I felt a palpable sense of shock a few weeks ago when I saw another collection of shoes and belongings forever lost to the Jewish people who owned them. I saw that in an exhibition in Tel Aviv on the Hamas terror attack on the Nova music festival. The items had been retrieved from the Nova site and provided a truly chilling and harrowing reminder of the Yad Vashem display. I saw the Nova exhibition as a part of a trip to Israel declared in my Register of Members’ Financial Interests.

During that visit, I, too, saw the chilling 47-minute film of footage from the 7 October attacks. I did not want to see the film, but I felt I ought to. The horror of that footage stays with me in my nightmares, and I mean that literally—it haunts my sleeping hours. Once you see it, you cannot ever unsee it. I do not want to dwell on the horrors that the film contained, but I was struck by the brief clip shown of young people hiding in portaloos or seemingly in a rubbish skip at the festival. Those scenes are painfully reminiscent of the holocaust and of scenes portrayed in films such as “Schindler’s List” of children desperately trying to find any hiding place to escape the liquidation of the ghetto and deportation. It was a horror to see those scenes replayed just over 100 days ago. We should be in no doubt in this House of the genocidal intentions of Hamas towards Israel and all Jewish people—intentions in their founding charter, and which they have reiterated many times since the 7 October atrocity.

I want to conclude with a reflection on the recent brave article by Chief Rabbi Ephraim Mirvis, responding to those who accuse Israel of genocide. We should heed his words that misappropriation of the word “genocide” is an affront to the victims of the unspeakable crimes that we remember today. As he said, its use in this context is the ultimate demonisation of the Jewish state. It is a moral inversion that undermines the memory of the worst crimes in human history. As we say, “Never again”, on Holocaust Memorial Day, and we renew our commitment to combating antisemitism and racism, let us remember the November march in London, where hundreds of thousands turned out to support Israel and the Jewish community, many with placards telling us, “Never again is now”. Our vigilance against anti-Jewish hatred must never cease, wherever and however it manifests itself.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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I support the Bill and urge others to do so as well. But I also want to emphasise that I very much respect the views of those who have concerns about how it will operate in practice, and I know that all Members of the House, whatever their views on the Bill, remain committed to a peaceful settlement and a negotiated two-state solution.

I have just returned from a visit to Israel, which will appear in the next publication of the Register of Members’ Financial Interests, and I believe strongly that we should be backing Israel, not boycotting it. It has had to take military action to defend itself from a vile and repulsive terrorist attack in which more than 1,000 people lost their lives.

Last week I visited an exhibition in Tel Aviv about the Nova music festival, where hundreds of young people were gunned down. The displays of shoes, clothes and bags were chillingly reminiscent of Yad Vashem and the piles of belongings taken from Jewish people on arrival at the death camps. We can be in no doubt that the BDS movement is divisive and damaging: it rejects a two-state solution and consistently opposes efforts to bring Israelis and Palestinians together. As the Government have stated again this evening, BDS activities drive antisemitism. I am especially concerned about the impact of Israel boycotts on campus, where anti-Israel hatred so often morphs into racist treatment of Jewish students. It is entirely unacceptable for Jewish students to feel unable to be open about their faith or identity for fear of reprisals and harassment.

Furthermore, foreign policy is the responsibility of Government. It is, and always has been, a reserved power. There is no need or justification for universities, local authorities or other public bodies to run their own foreign policy. If sanctions or boycotts need to be imposed, that is a decision to be made in this House at a national level.

In conclusion, this important Bill, at a very difficult time, tackles a very serious problem. I commend it to the House and I hope my colleagues will back it.

Long-term Plan for Housing

Theresa Villiers Excerpts
Tuesday 19th December 2023

(4 months, 3 weeks ago)

Commons Chamber
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Lee Rowley Portrait Lee Rowley
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We are not preventing increases of urban density. Indeed, we want that to happen. We recognise that there are considerations around things such as second staircases, which we are working at pace to resolve as quickly as possible. We want more homes. We recognise that the infrastructure is often in place in urban areas, and we are keen to take up that infrastructure to be able to unlock those homes for people who need them.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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If I may take the Minister back to paragraph 61, will he confirm that the inclusion for the very first time in the NPPF of the words “advisory starting point” will have an impact on both the level of targets set and the weight to be given to a target? How, in practice, will that change the approach taken by planning inspectors when they approve plans and decide on individual planning appeals?

Lee Rowley Portrait Lee Rowley
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It is absolutely the case that the purpose of amending the national planning policy framework today is so that this information and wording, and the insertion of the advisory starting point and everything that follows, are taken into account in the process, and it is important that the planning inspector does that. Obviously, every single council is different, and we have set out the reality that each individual council will need to go through this process, but that should absolutely be taken into account.

Chris Stephens Portrait Chris Stephens
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That would be very helpful indeed. The right hon. Gentleman is right. Those of us who have tabled amendments are trying to clean up a dog’s breakfast, which is very difficult. We are all trying to make the Bill a little better but, as my good friend says, the ultimate solution would be to withdraw it entirely.

I have highlighted the Bill’s contradictions, counter-productiveness and profound consequences, and I will be seeking to divide the House on amendment 28. I look forward to hearing other Members pursue their amendments.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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I would like to speak against all the amendments and new clauses before us today and in support of the Bill as currently drafted.

We need this Bill. I thank the Government for including it in the Conservative manifesto and taking it forward, and I urge the whole House to back the Bill and reject the amendments. This, of all times, is a time to stand with the Jewish community, following the worst attack on Jewish people since the holocaust.

BDS has been identified in a succession of studies as driving a rise in antisemitism. By singling out the world’s only Jewish state for criticism, above and beyond that directed at any other country in similar circumstances, I believe BDS campaigns fall within the International Holocaust Remembrance Alliance definition of antisemitism. The French supreme court has ruled that BDS is discriminatory, and the German Parliament views the movement as antisemitic.

Since the shocking Hamas terror attacks, we have witnessed deeply disturbing scenes on our TV screens and in our streets. These include sickening so-called celebrations of the horrific murders in southern Israel, and the anti-Jewish racism and hatred visible at successive protests on the streets of our capital city. At a time like this, when Jewish people are in fear for their friends and relatives in Israel, it is appalling to compound their anxiety and distress with hate-filled banners and chants at such protests. I find it deeply depressing that “Jihad! Jihad!” has been shouted with impunity on the streets of our city, and that ISIS flags have been on blatant display.

The dramatic rise in antisemitic incidents is wholly unacceptable, and it shows us that we need campaigns to bring communities together, not drive them apart. There can be no doubt that BDS is absolutely focused on division, not unity. The BDS movement deplores co-existence and peacebuilding initiatives. For example, it has condemned co-operation between Israeli and Palestinian universities. The movement’s founder, Omar Barghouti, has repeatedly expressed his opposition to Israel’s right to exist.

As we go into the voting Lobbies this evening, we are in a situation where the question to be asked of all of us is: “Which side are you on?”. I make it clear that I strongly support the right of Israel to defend its land and its citizens from terrorist attack.

Of course, we all worry about the plight of innocent Gazans put in harm’s way by Hamas, who brutalise them and deliberately use them as human shields. Of course, we need to get supplies to civilians, so long as there is confidence that they cannot be diverted or misused by terrorists. We must always remember that it is Hamas who have endangered the people of Gaza. Hamas are the people who have caused the humanitarian crisis in Gaza.

I am in no doubt that the Israeli Defence Forces are making, and will continue to make, the greatest efforts possible to prevent civilian loss of life. Israel is one of the most democratic countries in the world, and it respects the rule of law. I am certain that its democratic and legal institutions will hold its armed forces rigorously to account. Those on the Labour Benches who line up to casually, and wrongly, accuse Israel of war crimes should check their facts, not rush to judgment.

We need our local authorities to concentrate on delivering services, not on conducting their own trade and foreign policy. We need campaigns that promote peaceful progress towards a two-state solution, not bitterness and exclusion. We need to take all possible action against the antisemitism that we have seen increase so shockingly in recent days. We need this Bill.

Roger Gale Portrait Mr Deputy Speaker (Sir Roger Gale)
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I call the shadow Secretary of State.

Levelling-up and Regeneration Bill

Theresa Villiers Excerpts
Matthew Pennycook Portrait Matthew Pennycook (Greenwich and Woolwich) (Lab)
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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 Portrait Theresa Villiers (Chipping Barnet) (Con)
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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.

Roger Gale Portrait Mr Deputy Speaker (Sir Roger Gale)
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I call the SNP spokesperson.

Levelling-up and Regeneration Bill

Theresa Villiers Excerpts
Rachel Maclean Portrait Rachel Maclean
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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 Portrait Theresa Villiers (Chipping Barnet) (Con)
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Will the Minister give way?

Rachel Maclean Portrait Rachel Maclean
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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 Portrait Theresa Villiers
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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 Portrait Theresa Villiers
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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 Portrait Ben Bradley (Mansfield) (Con)
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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.