Monday 24th April 2023
(1 year ago)
Lords ChamberLevelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-XI(a) Amendments for Committee (Supplementary to the Eleventh Marshalled List) - (24 Apr 2023)
Earl Howe
“(iii) for “arising in” substitute “in respect of”;”Member’s explanatory statement
This amendment is consequential on the amendment inserting a new paragraph (ab) at the end of line 30 of Clause 115 in the minister’s name.
Earl Howe (Con)
My Lords, I will speak also to Amendments 281CB to 281CE. These amendments are aimed at creating greater opportunities for those people who want to build their own home by ensuring that local authorities make sufficient provision for self- and custom-build sites in their areas.
The Government believe that self- and custom-build housing can play a crucial role as part of a wider package of measures to boost home ownership and diversify the housing market, as well as helping to deliver the homes that people want. Self and custom build improve the design and quality of homes as they are built by the people who will live in them.
We are aware that, under the current legislation, some development permissions that are not necessarily for self- and custom-build housing are being counted towards a local planning authority’s statutory duty. This has meant there is an incomplete and inaccurate picture of self and custom build at a local and national level, which can distort the market and have wider impacts on small- and medium-sized enterprises and developers.
In the other place, the Government introduced Clause 115 to ensure that a development permission will count in meeting the duty only if it is actually for self-or custom-build housing. The Government have brought these additional amendments forward to further tighten up the Self-build and Custom Housebuilding Act 2015 to ensure that the intended policy aim of the original legislation is being met in practice.
Amendment 281CB ensures that only land made available explicitly for self-build and custom housebuilding qualifies towards the statutory duty to grant planning permission et cetera and meets demand for self and custom build. We have tabled the amendments to give the power to the Secretary of State to define in regulations the descriptions of types of development permissions that will count towards meeting this duty. This will ensure that only development permissions that are intended to be built out as self or custom build will be counted. The regulations are likely to require any permissions granted for self and custom build to be characterised by a condition or planning obligation making that requirement explicit. Amendment 281CE specifies that any regulations made under this new power will be subject to the negative resolution procedure.
Amendment 281CC ensures that any demand that a relevant authority has accrued for self and custom build through its self and custom build register that has not been discharged within the three-year compliance period will not dissipate after this time, but will roll over and remain part of the demand for the authority to meet under Section 2A of the 2015 Act. Amendments 281CA and 281CD are consequential, minor and technical amendments that amend the 2015 Act to ensure that Amendment 281CC works in practice. Overall, the amendments proposed ensure that the 2015 Act works as intended, without ambiguity.
These amendments, accompanied by our other interventions, including the launch of the Help to Build equity loan scheme and the Government’s response to Richard Bacon MP’s independent review into scaling up of self-build and custom housebuilding, will help to mainstream the self- and custom-build sector. This will allow more people to build their own home, help support SMEs and boost housebuilding. I therefore hope that noble Lords will support these amendments. I beg to move.
Lord Best (CB)
My Lords, I rise to support this group of government amendments aimed at increasing the number of homes built or commissioned by their future occupiers. I had the pleasure of piloting the Self-build and Custom Housebuilding Act 2015 through your Lordships’ House. It started as a Private Member’s Bill from Richard Bacon MP, who has tirelessly—I would say relentlessly—pursued his campaign to get the sector to scale up. Most recently, he has produced an independent review to boost the building of self-commissioned new homes across all tenures, and these amendments flow from the Bacon review to which the Minister referred.
In countries as diverse as Germany and New Zealand, much of the new housebuilding is done in partnership with its future occupiers who, if not actually building the homes, are specifying the form they take and working with an SME builder to meet individual requirements. The result in other countries is that homes are more varied, personalised, affordable and energy efficient. These amendments attempt to give this still fledgling sector further impetus by helping self-builders and custom housebuilders to get their hands on the land on which to build, rather than leaving the volume housebuilders to gobble it all up. The sector would be an important beneficiary of my earlier amendment on diversification on larger sites, but a shift to that Letwin-inspired development model is not going to happen immediately. Bolstering the existing means to get local authorities allocating land for self-build and custom housebuilding is eminently sensible. I congratulate Richard Bacon on his continuing tenacity, the Right to Build Task Force on getting the Government to take forward these amendments and the Government on accepting them.
Baroness Hayman of Ullock (Lab)
I thank the Minister for introducing these government amendments. We have no problem at all with them. They seem fairly straightforward in what they want to achieve, but I would like to make the point that this is going to help provide only a small number of homes. I wonder what estimate the Government have made of the number of homes this will provide and what the demand is for this sort of housing. It would be quite interesting.
We are concerned about the number of houses being built, full stop, particularly since the Government abandoned their mandatory housing target. We feel that this Bill should be used to help the Government to concentrate on providing sufficient quality housing that includes both affordable-to-buy and social housing. Perhaps the Government could then bring forward an amendment on properly defining “affordable housing”; that would be a very useful amendment to see going forward.
As I said, I have absolutely no problem with this; I am quite happy to support the government amendments. However, we feel that the Government need to balance their interest in progressing this with their progress in meeting their stated target of 300,000 new homes.
Earl Howe (Con)
My Lords, I am grateful to the noble Lord, Lord Best, and both noble Baronesses, for their comments and questions. The noble Lord, Lord Best, is perhaps this House’s foremost expert on housing matters, saving my noble friend Lord Young of Cookham who is now looking at me.
To answer for now the question put by the noble Baroness, Lady Hayman, on the number of self-build and custom-build houses that we expect to flow from this, it is very difficult to estimate. We do think that those categories of housing have a definite place in the system. If I can enlighten myself, and her, further, I will be happy to do so. I hope she will have gained a sense that these amendments are designed to remove the barriers that have been identified in this area; certainly, we fully expect that to happen having engaged with the sector.
As regards a definition of affordable housing, I think that will have to be a long debate for another day—although we have touched on that subject before during these Committee proceedings.
As regards the question posed by the noble Baroness, Lady Pinnock, I think the instance that she cited will be addressed, in part at least, by Amendment 281CC. What we want to achieve in that amendment is that, where you have a register of self-build and custom-build applications that have not been discharged within the three-year compliance period, that demand will not dissipate after this time but will roll over. I will, however, write to her about enforcement on these particular applications and clarify that.
Baroness Scott of Bybrook
“(aa) after subsection (5) insert—“(5A) Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section.”;”Member's explanatory statement
This amendment allows the Secretary of State to specify descriptions of planning permissions or permissions in principle that will count as development permissions for the purpose of a local planning authority complying with its duty to meet the demand for self-build and custom housebuilding in its area.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, I thank my noble friend Lord Moylan for tabling Amendment 284. I shall not be commenting on any individual planning case at all. Obviously it would not be correct for me to do so.
Amendment 284 seeks to ensure that the progress of applications, in circumstances where a Section 35 direction has been made, is monitored and kept under review by the Secretary of State. I agree that developments, especially nationally significant infrastructure projects, should enter our planning system efficiently, and doing so is crucial for ensuring that local communities and businesses can express their views on the real impacts that these projects can have on them.
The NSIP consenting process has served the UK well for more than a decade for major infrastructure projects in the fields of energy, transport, water, waste and wastewater, and has allowed these projects to be consented within an average of around four years. Some of these projects enter the NSIP planning system under a Section 35 direction. This is the beginning of the planning process for some projects and offers prospective applicants certainty that they can take their projects through the NSIP consenting process. This consenting mechanism has been used successfully by 18 developers and allowed them to capitalise on the benefits that the NSIP regime offers.
Very occasionally, applications for development consent can be delayed or even withdrawn. This applies to applications that either automatically qualify as an NSIP under Part 3 of the Planning Act or are directed in through Section 35. This often occurs to allow developers time to ensure that applications entering the system are of the standard needed to efficiently and robustly undergo the scrutiny required. I acknowledge that this can translate into uncertainty for some communities, businesses and investors that have the potential to be affected by such projects.
Under Section 233(2) of the Planning Act, the Secretary of State already has the power to revoke a direction to treat a project as an NSIP, and thus no longer allow the project in question to enter the NSIP planning system through these means. The Secretary of State may consider using this power, for example, if it becomes clear that the rationale or basis on which the Section 35 direction was made has changed, so this is no longer the correct and appropriate consenting option for the project in question. I appreciate why my noble friend has raised this amendment, and I hope he will withdraw it following the reassurances I have provided.
The noble Lord, Lord Stunell, and others brought up the interesting issue of oversight. We are currently working to set this up. Minister Rowley is setting up an IMG which will look at the cross-cutting issues on projects, but he cannot get involved in the specifics on projects, in order not to prejudice, obviously, future decision-making, particularly as a Planning Minister. I will also take on board the issue that the noble Baroness, Lady Hayman of Ullock, brings up about the capacity within local planning authorities to deal with these very big projects. I think it is something we can feed back in and I will do so.
Lord Stunell (LD)
I thank the noble Baroness for a very helpful answer. Will she say something about the actual timeline for this group formally starting work? She suggested that it was going to start work in the fairly immediate future: perhaps some sort of timescale could be provided.
Baroness Scott of Bybrook (Con)
I do not have a timescale tonight, but I will talk to Minister Rowley and try to get one for the noble Lord and let him know. As I say, I hope my noble friend will withdraw the amendment following the reassurances I have provided.
Lord Moylan (Con)
My Lords, I am grateful to noble Lords who have taken part in this short debate. I shall start briefly with the noble Lord, Lord Kennedy of Southwark, being keen to fly. He said at the end about Heathrow expansion, “We should get on with it”. I am not necessarily a believer that textual exegesis is the right way to approach a winding-up speech, even in your Lordships’ House, but this question of what “we” is in that sentence is at the heart of this. If it were purely a private planning application, it would mean the developer, but I do not think that is what he meant when he talked about Heathrow. He meant either “we” as a Government or “we” as a nation: we, somehow bigger than just the private sector developer, should be getting on with it, and it is that blend that is involved in nationally significant infrastructure projects, where, as I say, the Government make themselves a co-partner with private sector developers in the case both of Heathrow and the other example I gave. It is that confusion about who is responsible that I am trying to get to.
We know the Government are responsible, to some extent, with a project such as Heathrow expansion, but what are their responsibilities in relation to the consequences of it and are they actively monitoring? That is really my question. The noble Baroness, Lady Hayman of Ullock, I am sure understood that I was not in anything I said criticising the process as such or saying that there was not the need for a process that would speed large applications through the system, although it is undoubtedly the case that the speed with which the DCO process is handling applications is getting slower and slower, and everybody involved in it knows that. It may well be that the time for a refresh is coming. I do not think it is simply skills; it is also demand for additional up-front information and so forth: this is something the Built Environment Committee, which I chair, may well look at again.
I do not know why the noble Lord, Lord Stunell, said that he was only three-quarters in support of my amendment, as I thought he gave a 100% endorsement. I do not know what reluctance prevented him from coming out wholeheartedly, because he also put my purpose very well. Although I invited my noble friend to accept the amendment, the noble Lord recognised—as I am sure my noble friend does—that it is essentially a probing amendment to try to find out what the Government do and how they take their responsibilities for these projects forward.
I welcome my noble friend’s response, but it was slightly on the disappointing side. Of course, it is wonderful that an inter-ministerial group is being set up to look at these issues—I did not know that—but she slightly took away from the benefit of that in saying that it should not look at individual projects, which are precisely what I would like Ministers to look at. I appreciate that a Planning Minister, who may have to take planning decisions—
Baroness Scott of Bybrook (Con)
It will look at cross-cutting issues on projects but cannot get involved with the specifics of a project, in order not to prejudice decision-making. I did not say that it could not look at individual projects, just their specifics.
Lord Moylan (Con)
I am grateful for that but, thanks to a judgment—I cannot remember the name—in the courts a year or two ago on the Holocaust memorial, local planning authorities have been required in the past year or two to put in place rigorous separations, called Chinese walls, between those officers who work on developing councils’ own applications and those assessing them, in a way that always existed to some extent but is now very much more rigorous. If Ministers, including the Planning Minister, are understandably inhibited from getting into the details of why a project is not happening, perhaps a similar arrangement could be achieved within government; maybe someone in the Cabinet Office or wherever could take on the responsibility for getting into the weeds of projects that are not happening and either helping them to do so or cancelling them.
I am grateful to my noble friend for acknowledging that Ministers have the power to remove an NSIP designation. I would like to think that they could remove it on grounds more expansive than the one she mentioned—that it was no longer an appropriate designation—such as it simply not happening and therefore being, in practice, an irrelevant designation. She did not say that but perhaps it was implicitly encompassed in what she did say. I would like to think that any ministerial involvement now getting going, which I wholly welcome, could be structured in such a way that Ministers could get involved in the weeds.
I am very grateful for this debate. It has flushed out some issues that we would not otherwise have debated and I am grateful to my noble friend. With the leave of the Committee, I beg leave to withdraw my amendment.
Baroness Scott of Bybrook
“Power for appointees to vary determinations as to procedureIn paragraph 2 of Schedule 6 to TCPA 1990 (powers and duties of appointed persons), in sub-paragraph (10)—(a) for “does not apply” substitute “applies”;(b) at the end insert “only for the purposes of subsection (4) of that section”.”Member's explanatory statement
This amendment inserts a new Clause into Chapter 6 of Part 3 of the Bill to amend the Town and Country Planning Act 1990 to enable a planning inspector (as an appointed person) to vary the procedure of certain proceedings under section 319A of that Act.
Baroness Scott of Bybrook (Con)
My Lords, planning appeals are currently decided by three potential routes: written representations, hearings or public inquiries, or a combination of all three. Government Amendment 285A will enable an appointed planning inspector, rather than a case officer, as is currently the case, to change the mode of procedure for a planning appeal. The Government believe that an appointed inspector is best placed to decide the most appropriate mode of procedure for an appeal case as they will be familiar with the facts of the case and the views of all parties. The new clause will facilitate a more streamlined procedure and have a positive impact on the operational delivery, leading to more efficient and timely appeal decisions. I therefore request that the amendment is supported.
Baroness Taylor of Stevenage (Lab)
My Lords, I know it is not the practice in your Lordships’ House to have long discussions on government amendments. I do not intend to do that, but I want to make some comments on these amendments, because I think they are interesting.
On Amendment 285A, I make the point that varying proceedings should always be the subject of very effective communication, not only because we have professionals engaged in these processes but because the public are involved and need to understand exactly what is happening. Where there are changes, even more effort should be made to communicate why they have been made. I raise again the issue of resourcing of PINS. A lot of clauses in the Bill are putting another heavy burden on the Planning Inspectorate, and those issues need to be taken into account.
Secondly, as we have heard, Amendment 285B indicates that the Government wish the planning process to allow people to participate remotely in planning proceedings at the grant of the Planning Inspectorate. If the Government can see the value of this—I am very pleased that they can—I ask the Minister why what is good for planning proceedings is so inappropriate for the rest of local government? We have had debates on this previously in the Bill.
The Minister made the point that participating virtually increases diversity of participation, which I completely agree with. It also saves unnecessary travel; we have had those discussions on previous clauses. We are all trying to get down to net zero, and people do not have to travel if they can participate virtually. In addition, it helps those who live in bigger geographical areas. My borough is very small geographically, so it is not really a great hardship for anyone to have to come to the town hall for a discussion on a planning application or anything else. However, if you live in some of the parts of the country where that is not such an easy journey, particularly at certain times of the year, it can be much more difficult. So, I am confused about why we seem to think that this is a really helpful process for one part of local government activity but not for the rest of it. I also probe why the amendment says, “require or permit”. I am concerned about “require” and whether the planning inspector is going to be able to insist that this happens virtually, and how that is going to work.
The noble Baroness, Lady Pinnock, referred to feeling the mood in planning meetings. That is a variable experience, from my experience in local government. Sometimes it can be useful to do that, and sometimes you would not want to be anywhere near feeling the mood in a planning meeting—but that is another matter. I echo the question from the noble Baroness, Lady Pinnock, about whether the intention is that this should apply to local planning inquiries. That is a whole other issue that needs further consideration.
By the way, I know that the noble Earl, Lord Howe, responded quite extensively on the ability to have local government proceedings virtually, and that is on the record. I would just appreciate a response from the Minister on why this is right for planning but so wrong for everything else in local government.
Baroness Scott of Bybrook (Con)
Let me respond to a couple of those points. On the difference between a case officer and a planning inspector and how you bring in the appellant, at the moment the case officer handles the administration of a planning appeal case, which includes the appointment of a planning inspector, but they also determine the mode of the procedure after seeking input from the parties and the inspector. Therefore, at the moment it is the case officer who talks to the parties and the inspector, and who then makes a decision taking all of that into account. We are suggesting that the planning inspector, who is the decision-maker or recommendation maker for called-in and recovered cases, will assess the details of the case and representations received from all parties in just the same way, so they would be seeking input from all parties before they made that decision.
On local plans, the major party in that will be the local planning authority or the local authority, and I cannot see those discussions being taken online. I suppose a local authority could ask for that, but those are usually quite long and arduous meetings that sometimes go on for weeks, so I am pretty sure they would be public.
Baroness Pinnock (LD)
My understanding, then, is that in the instance of a local plan hearing, the local planning authority would decide whether it should—the Minister is shaking her head, so I have misunderstood. Therefore, the appointed planning inspector makes the decision whether it will be in public or online.
Baroness Pinnock (LD)
I therefore seek assurance that those members of the public—and in some cases members of the council, presumably—would be able to ask for it to be held in person if that was more relevant and appropriate.
Baroness Scott of Bybrook (Con)
That is exactly what I was saying. Although the decision would be made by the inspector, it would be taken only after speaking to the person asking for the inspection, which would be the local planning authority. So it is important that it has a large input into that, just as any appellant in a normal planning appeal would have input into the discussion on how it was going to be dealt with. However, I cannot see a local plan inspection being held online. As I said, as with the current procedure, the appellant will be asked and the council will have a chance to comment on the appellant’s choice of procedure. That is because we need to make sure there is fairness to all parties, but the inspector will have the final decision.
On how Planning Inspectorate meetings, hearings or inquiries differ from local authority meetings—I think that is the question the noble Baroness, Lady Taylor, asked—the measure clarifies the Planning Inspectorate’s existing practice of operating in-person and virtual proceedings as appropriate. This is necessary just to reduce the risk of challenge. We are not changing anything in the legislation; it can do this anyway without us changing anything. That is unlike some local authority meetings; Planning Inspectorate events through hearings or inquiries do not represent decision-making forums but allow interested parties to make representations. Hearings and inquiries enable planning inspectors to gather evidence, which they use to inform their approach to a case with a view to issuing either a decision or a recommendation to the Secretary of State, whereas planning meetings are decision-making meetings.
Baroness Taylor of Stevenage (Lab)
My Lords, regarding Clause 123, we believe that this provision was added to the Bill subsequent to consideration in the other place, so it has perhaps not had the same scrutiny as other parts of the Bill.
Amendment 285AA, moved by the noble Lord, Lord Stunell, seeks to have the status of combined mayoral authority with planning powers added to the list of exemptions. A distinction was drawn previously in your Lordships’ House between the devolution powers conferred on mayors and the legislative powers devolved to Administrations, but what meetings and discussions have been held with devolved Administrations in this respect?
I express our concern, alongside that of the noble Lords, Lord Stunell and Lord Carrington, about the implications of this clause in any case. The noble Lord, Lord Carrington, argues that the clause should not be part of the Bill at all. I can understand this view as in this part of the Bill, as in others, there are very significant powers being taken by the Secretary of State to amend these long lists of 25 pieces of primary legislation, with limited scrutiny or consultation and without reversion to either House. That would give us great cause for concern. I hope that the Minister can respond to this, but we support the clause stand part notice.
Earl Howe (Con)
My Lords, I have listened carefully to the concerns expressed by the noble Lords, Lord Stunell and Lord Carrington, and hope and believe that I can fully reassure them both. I will respond to the noble Lord, Lord Carrington, in a second, but will begin by addressing Amendment 285AA, tabled by the noble Lord, Lord Stunell.
This amendment would restrict the nature of amendments that can be made under the power contained in Clause 123 so that the Secretary of State could not use it in relation to matters within a devolved competence or where a mayor has planning powers. Noble Lords will be aware that under Clause 123(6) any changes made by regulations under this section do not come into effect except where Parliament enacts a relevant consolidation Act and that Act comes into effect. In practice, these regulations will smooth the transition of the law from its current unconsolidated state to its future consolidated state. To do this, they have legal effect for only a moment, immediately before the relevant consolidation Act comes into effect.
Noble Lords will know that consolidation is a highly technical exercise restricted to the clarification and restatement of the existing law. This power is likewise restricted. It cannot be used to change the terms of devolution, nor to interfere in policy matters which are devolved. The power to make incidental provision in relation to a devolved competence is included here to reflect that much of planning and compulsory purchase law pre-dates devolution. Without this power allowing the Secretary of State to disentangle the law in England, we would be unable to ensure that in substance the legal position within devolved competence would be unchanged when the law applying in England was disentangled. In relation to the second—
Baroness Taylor of Stevenage (Lab)
I thank the noble Earl for giving way. The provision in Clause 123(4) says:
“For the purposes of this section, ‘amend’ includes repeal and revoke”.
That sounds like a sledgehammer being used to crack a nut if it is a matter of consolidation.
Earl Howe (Con)
Consolidation in this area of the law is immensely complex. Frankly, we do not know the full extent of the relevant planning provisions that must be considered in any common consolidation exercise because the exercise has not been commenced.
Baroness Hayman of Ullock (Lab)
My apologies, but if it is that complex, is it not more likely that mistakes could be made, making it even more concerning that something could just be repealed or revoked without full comprehension or sufficient time? It is quite concerning.
Earl Howe (Con)
The noble Baroness should not be concerned, if I may suggest, as I shall go on to try to explain, because I have a little bit more to set out for the Committee. The power does not allow the changing of the terms of devolution once given effect in law, nor does it allow any changes to what planning powers can be conferred on any area as part of such a deal.
Finally on the amendment, I reiterate that in relation to the planning powers of mayors, there is no intention to remove the powers of district councils through devolution deals. I therefore hope I have persuaded the noble Lord that, as expressed, the amendment is not necessary.
Lord Stunell (LD)
I thank the noble Earl for taking us through what for some of us is a kind of grade 1 learning experience, which he has dealt with very effectively. I have some considerable concerns which remain. I wonder whether he could go back to a point that he made in response to the noble Baroness a few minutes ago: that it was so complex and there were so many different pieces of legislation that it was not possible to give a list of all the complexities and so on which were involved. He also spoke about trust, and how the whole system might be undermined by opaqueness. If I connect those two remarks, he will perhaps see that to some extent the opacity means that the trust is not present on this side of the Chamber at the moment.
Earl Howe (Con)
I am sorry to hear that. The point I was seeking to make is that the general public need to trust the law and know what the law is, as does anyone dealing with the planning system. That is why the Government’s ambition is to put in train a consolidation exercise, which may take a considerable time. I have been quite frank with the Committee that there are not only 50 Acts that we know about which deal with planning and compulsory purchase, but—as my notes say—innumerable other Acts which cross-reference those 50 Acts. It will require a major legal exercise to bring all the threads together.
I cannot commit to a timescale for consolidation from the Dispatch Box today. There is a large amount of work to do before we can get to that stage and that will naturally have to be balanced against the wider legislative programme. It is for that reason that we are asking for this power to prepare the way—I think that is the best way of putting it—to make the ultimate consolidation a more achievable exercise.
Baroness Taylor of Stevenage (Lab)
I am sorry to keep pursuing this point but it is really very important indeed. Any of us who has worked on this Bill knows the difficulty of how many crossovers there are with other Bills. On the previous group of amendments, from my perspective and I am sure from those of colleagues on these Benches, we ended up referencing back through various Bills to get to the point that the amendments referred to. That does not make life easy, and I am sure it makes it very opaque for professionals and the public trying to deal with the system. That simply underlines yet again, as we have done many times through this process, that a planning Bill might have been a better option to get to the rationalisation of the planning system, but we are where we are with that.
We remain concerned about just how this exercise will be done. Will a whole series of statutory instruments come through? Will it just be for the Secretary of State to make the decisions and then change the legislation—I am not entirely sure how that works in process terms—or will we have a whole other Bill that will be the “consolidation of planning Bill 2025” or something? I am interested as to what the process will be for this, because we have 25 Acts here at least—there are probably more than that, in truth—that need amending.
Earl Howe (Con)
As I said, the exercise is an enormous one. It requires legal brains to get their heads around the statutes before we can even think about putting a consolidation Bill together. I am afraid I cannot be precise in answer to the noble Baroness but I will see whether I can clarify and distil what I have tried to say—obviously not very adequately—by writing to her. I will of course copy my letter to the noble Lords, Lord Stunell and Lord Carrington. In doing so, I hope I can provide complete reassurance about the intent behind these regulation-making powers.
The Earl of Caithness (Con)
My Lords, I have listened with great care to my noble friend. I understand about consolidation and legislation; it is immensely complicated. He used a phrase that I half wrote down—I missed the last bit because I was listening to the next sentence. He said that there is no intention to change. Does that mean that, when my noble friend and my noble friend Lady Scott leave their jobs, the next Ministers could have an intention to change, or does it mean that there will be no change, only consolidation?
Earl Howe (Con)
Consolidation by definition does not extend to changing the policy effect of legislation.
Lord Stunell (LD)
My Lords, I think the noble Earl will have detected a degree of unease right around the Chamber about how this clause will take effect, not just in the course of this Administration but in the hands of a different one at a future date. I have heard the discussion and learned a lot. I will need to read Hansard and the noble Earl’s letter when it comes and take a view on whether this is something to take further forward. In the meantime, I beg leave to withdraw the amendment.
Baroness Scott of Bybrook
“Participation in certain proceedings conducted by, or on behalf of, the Secretary of State(1) The Secretary of State may, to the extent not otherwise able to do so, require or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely.(2) The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State.(3) “Relevant proceedings” means any inquiry, hearing, examination, meeting or other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land.(4) Relevant proceedings include, in particular—(a) any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section);(b) any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Planning (Listed Buildings and Conservation Areas) Act 1990;(c) any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Planning (Hazardous Substances) Act 1990;(d) any proceedings under section 13A of, or paragraph 4A of Schedule 1 to, the Acquisition of Land Act 1981;(e) any proceedings under Part 10A or Part 11 of the Planning Act 2008;(f) an examination under Part 2 of PCPA 2004;(g) an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent;(h) an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order.(5) For the purposes of this section a person takes part in relevant proceedings remotely if they take part through—(a) a live telephone link,(b) a live television link, or(c) any other arrangement which does not involve the person attending the proceedings in person.”Member’s explanatory statement
This amendment inserts a new Clause into Chapter 6 of Part 3 of the Bill. The Clause confers a power on the Secretary of State to require or permit a person who takes part in certain proceedings relating to planning, development or the compulsory purchase of land to do so wholly or partly remotely. The power can be exercised by a person appointed by the Secretary of State and it is intended that the Planning Inspectorate will be appointed for this purpose.
Baroness Scott of Bybrook (Con)
My Lords, I thank noble Lords for that debate. Short it may have been, but it was full of some interesting facts.
Amendment 288 tabled by the noble Baroness, Lady Pinnock, would impose a duty on the Secretary of State to publicly consult on changes to the planning system to establish the impact on women’s safety. The amendment would also require local planning authorities, when determining a planning application for public development, to establish a view on how that proposed development would impact women’s safety.
The Government recognise public safety for all as a priority, and that it is critical that the planning system plays an important part in addressing that effectively in new development. The National Planning Policy Framework is already clear that a council’s planning policies and decisions should aim to create safe and inclusive places for all. It explicitly states that both planning policies and decisions should promote public safety. This is in line with the Government’s strategy on tackling violence against women and girls.
The Government have recently consulted on the proposed approach to updating the National Planning Policy Framework. The consultation acknowledges that this important issue is already addressed within national planning policy. However, it sought views on whether to place more emphasis on making sure that women, girls and other vulnerable groups feel safe in our public places including, for example, policies on lighting and street lighting. As we have heard, the consultation closed on 2 March this year. We expect to consider this subject area in the context of a wider review of the National Planning Policy Framework, to follow Royal Assent to the Bill. The Government will consult on the details of these wider changes later this year, reflecting responses to the prospective consultation.
The supporting planning practice guidance on healthy and safe communities spells out that planning provides an important opportunity to consider the security of the built environment and those who live and work in it. This specifically references Section 17 of the Crime and Disorder Act 1998, which requires all local, joint and combined authorities to exercise their functions to do all that they
“reasonably can to prevent … crime and disorder”.