Housing and Planning Bill
Debate between Lord Kennedy of Southwark and Baroness Andrews
Baroness Andrews (Lab)
My Lords, we are a dwindling band but the issues are no less important. This amendment repeats the amendment which I laid as Amendment 98 in Committee to stress the need for brownfield sites to achieve both sustainable development and good design.
We brought the amendment back not only because we continued to see the need to reinforce and make clear on the record that the NPPF applies to brownfield sites on the register and that any developing local authority must therefore ensure that those sites exemplify all the positive and best aspects of place-making. We also brought it back to reiterate common concerns, inside and outside this House, that these new developments may fall prey to being a short cut to throwing up the sorts of housing estates that we hoped we had seen the last of that are identikit and, frankly, alienating. We want to ensure that developers who are under the cosh get the clear message that it is possible to build quickly but beautifully. There is nothing utopian about that—it can be done.
Sustainability means, of course, to build to sustainable environmental, social and economic conditions, and with regard to social sustainability it also means building in that which reflects, incorporates and makes a working feature of the heritage of the site, to give new inhabitants of an old and much-worked site a sense that they too belong there in a new age. We often underestimate the importance of reflecting that sense of identity and belonging, yet it makes an enormous difference to how people feel about where they live.
That means that the second reason I have for bringing back the amendment is even more important. When we discussed it in Committee we had some exchanges about new town development corporations which led me to reflect that the NPPF might not apply to these new planning authorities and that, if they were to develop to their very best—in terms of the rare opportunity these developments offer to master plan to the highest standards—they most certainly should be under the same planning law. I am very grateful for the help of the TCPA in establishing this point. Again, I thank the Minister for the help she has given and thank her very helpful officials in this respect. They have confirmed that I was right to raise this as an issue. The duty to work towards sustainable development as set out in Section 39 of the Planning and Compulsory Purchase Act 2004 does not apply to new town development corporations. However, I am assured that in practice, as the Minister said in a letter to me,
“the Government does have the means to ensure that they have regard to the NPPF in drawing up its plan for a new settlement”.
She has suggested that this could be done, for example, through provisions set out in Section 7 of the New Towns Act 1981.
I will quote the rest of the Minister’s letter, because it is very important for the record. She says that she is,
“aware that there is a strong case to ensure that there are explicit statutory obligations on”,
new town development corporations,
“to work towards achieving sustainable development, in the same way as they are currently on a local planning authority. I am pleased to say that we will be bringing forward such proposals shortly”.
There will be amendments later on, possibly on Monday, on the same point, but it is apposite now to raise this issue on the amendment and to say again that I would be very grateful if the Government were able to say a little more about how this other loophole in the law might also be closed. I beg to move.
Lord Kennedy of Southwark (Lab)
My Lords, my noble friend Lady Andrews has showed the House her expertise in these matters and I fully support her amendment. I do not have any more to say than that.
Lord Kennedy of Southwark
My Lords, this amendment covers the issues previously discussed under Amendment 108. It enables local authorities to recover up to the full costs and no more in determining planning applications. Noble Lords who were not persuaded by Amendment 108 could give this amendment some further consideration, as it proposes not to go beyond full cost recovery.
My amendment would allow a more realistic fee level to be recovered from large-scale developments and differentiates between that and someone who wants to build an extension to their home, for example. I grew up in Southwark and in the north of the borough we have seen a boom in large-scale developments in recent years. A more realistic fee level would have made no difference to those developments. I now live in Lewisham and, again, we are seeing a large number of residential developments in Lewisham, Deptford, Catford and elsewhere in the borough. Again, I do not believe that a more realistic fee level would have made any difference whatever to the viability of those developments.
In responding to this short debate, I ask the Minister to address the point made during the debate on Amendment 108. I know we will come to this issue when we discuss further amendments on Monday, but I am worried that we could get a two-tier system whereby other providers are able to provide planning advice. I do not want a private provider to be able to charge a much larger fee, and a local authority to be limited as to what it can charge to do the same work. That would be totally wrong, and it would be very helpful if the noble Baroness assured us that that is not the case. It would be a very unfair situation for local authorities and completely wrong. With that, I beg to move.
Baroness Andrews
My Lords, we had a very good and thorough discussion on the recovery of full-cost fees on a previous amendment. I want to draw attention to a few statistics to reinforce the case that my noble friend made and to point out that the flaw in the present system is that you cannot get speedy, authoritative and consistent decision-making at local planning level if the expert workforce is being run down and starved of resources. I have just a few statistics that pick that up.
The audit committee reported in 2014 that planning departments were taking the brunt of funding cuts—a reduction, in real terms, of 46% across the planning and development budget between 2010 and 2014. These are horrendous figures in the context of cuts of 37% in local authorities as a whole. How much deeper have these cuts been since 2014? In expert areas such as archaeology and conservation officers, there has been a drop of a third in local authority staff. In Lancashire the entire archaeological team has disappeared. How the Government expect local authorities to deliver a speedy, efficient and good planning service with this level of cuts is absolutely beyond me. Therefore, the only answer to building the capacity of local authorities to do what the Government so desperately want them to do, and to deliver a speedier, more efficient planning system, is to build the capacity of local authorities themselves, because development control is the fundamental business of planning authorities. There is an urgent need to reinvest in local authority planning services. Full-cost fee recovery can contribute to that.
I have one question for the Minister. In the previous exchange, I was not quite sure whether she believed the figure published by the Local Government Association—that there is a shortfall of £450 million to local authorities because of the difference between the cost they have to pay and the fees they receive. She talked at great length about the vitality needed to enable local authorities to do their job, but she did not address the question of the reality of what is happening on the ground. There is an absolute, logical and fair case for recovering full-cost fees, and I hope she will respond positively to it.
Lord Porter of Spalding
My Lords, I speak in favour of the spirit of what the amendment is trying to achieve, but against it because of the way it is worded. No one from a local government background would believe that it is right that we are unable to collect enough fees to cover the cost of the service, and it is not right that local taxpayers are subsidising the development industry to the tune of about £150 million a year—£450 million over the last three years. But the amendment as worded could have a quite negative impact on some areas. If a fully staffed planning team received only 10 planning applications in a year, the brunt of those costs would fall on those 10 applicants. That cannot be right. There needs to be a way for central government to get away from setting fees at an inflationary uplift. As welcome as that will be, it will be insufficient to get anywhere near cost recovery.
Given that the Government propose to put private sector competition into the space of a public sector monopoly, there must be a way to increase fees that works for local government, the local taxpayer and the private sector. I still do not understand why we are dealing with these amendments separately from the amendment that opens the door for the private sector to compete. At that point the Government will be sure that the fees local government charge are proportionate for the service being delivered in their area, because if local government charges too much, clearly, the private sector will take all the work. We need to find a way of getting that done but, from my end of the telescope, this amendment still does not deliver what needs to be done. I would love to able to support somebody who is clever at writing an amendment in a way that I am not.
Again, the word “must” has been used for local government. People should not put “must” in anything. Local government likes “may”, not “must”.