(1 week ago)
Lords ChamberMy Lords, my Amendment 9 asks for information that is necessary to understand the full situation. I had better declare that I rent a flat in a social housing block, which was presumably bought under right to buy.
In Committee, my noble friend Lady Bennett argued that the most effective way to protect our social housing stock is to abolish the right to buy. I also support that. Scotland abolished the policy in 2016 and Wales followed in 2019; neither has chosen to bring it back. Both Governments concluded that, in the middle of a housing crisis, preserving social housing for the future was more important than continuing a policy that reduced its supply.
I appreciate that the Government are not prepared to take that step in this Bill but, if that is the case, the very least Parliament should expect is a clear picture of how the policy is operating and what impact the changes it will make are having. The amendment would require the Secretary of State—whoever it is—to lay an annual report before Parliament setting out how many homes have been sold under right to buy, the receipts received by local authorities, how those receipts have been used and an assessment of the impact on the availability of social housing in each local authority. The reality is that, for decades, we have been selling social homes more quickly than we have been replacing them. Every home lost is one fewer home available for the next family on the waiting list.
Social housing should be seen as a long-term public asset, not simply a resource to be steadily diminished while demand continues to grow. Between 1980 and the abolition of right to buy in Scotland, almost half a million social homes were sold. The Scottish Government estimated that ending the policy would protect around 15,500 homes over the following decade. In Wales, Ministers similarly concluded that ending right to buy would help preserve affordable housing and give councils and housing associations greater confidence to invest in new homes. We may disagree on whether England should follow that path, but we can surely agree that Parliament should have the information needed to judge whether these reforms are having their intended effect.
I also welcome the amendment in the name of the noble Baroness, Lady Coffey, which would extend reporting requirements to include the right to acquire. If we are assessing the impact of policies that reduce the stock of affordable housing, it is sensible that the report should capture information from both schemes.
I acknowledge that some figures on right to buy are already published, including the total sales receipts. However, the Government do not publish the amount of those receipts retained by local authorities, nor does Parliament receive a single annual report bringing together sales, receipts, how those receipts have been used and the overall impact on the availability of social housing. This amendment would bring that information together in a single annual report laid before Parliament, enabling both Houses to scrutinise the real impact of these reforms and judge whether they are delivering their intended objectives.
My Lords, I co-signed Amendment 9 from the noble Baroness, Lady Jones of Moulsecoomb, because I thought it was very sensible. If it is not taken up by the Government today, bearing in mind that we do not yet have a Secretary of State for the department sponsoring this Bill, I would have thought that this would be right up the new Prime Minister’s street—being open and transparent and showing a duty of candour. I hope that, if the Government reject the amendment today, he will consider it in the Commons.
I am grateful to the noble Baroness, Lady Jones of Moulsecoomb, for accepting the amendments to include the other scheme, because this is just about trying to get an understanding of the picture. For what it is worth, I do not agree with what she just said about ending right to buy. I am a strong supporter of it, as are many current and former Cabinet Ministers of this Labour Government, who have taken advantage of it personally—or their families have. I do not criticise them for that; it was a very wise thing to do. However, this would just show that it has not had quite the impact that everybody thinks. In fact, it ties up or reduces the amount of capital available to build more social housing.
If the noble Baroness were minded to put her amendment to the vote, I would support her, but I appreciate that she has not indicated that in advance. Nevertheless, if the Government do not accept her amendment today, I hope that the Office for National Statistics takes it up as a project in order to improve reporting.
My Lords, I shall speak to Amendment 18 in my name and add my voice to the amendments I co-signed in the name of the noble Lord, Lord Stoneham of Droxford. He has already set out very clearly why we want this further information. Although we debated Amendment 24 in the last group, it is the same process—as has just been set out to some extent by the noble Lord, Lord Cameron of Dillington—that, once these houses go out of the social housing market to whoever, then we have a problem. That is why I am concerned about how the disposal is done.
In Committee, I suggested that we should not have any cash purchase at all. This time, in Amendment 18, I have suggested that, where there is an auction, it should be possible for someone to be able to buy it who is not a cash buyer. It genuinely astonished me in Committee that the Labour Government did not want to do that; they wanted only cash buyers and did not care that people who are unable to apply for a mortgage might not have a quarter of a million or more to spend when they try to buy a home in the village they live in. I hope the Government have reflected on trying to make sure that local housing is open to local people.
The noble Lord, Lord Cameron of Dillington, discussed the situation with big plots, and that is exactly what happened in Orford. Somehow, the housing association did not notice when its tenant had started rebuilding—or rather, destroying—parts of the house. There was a big garden; if it had been a commercial enterprise, there could have been probably three houses to fill the space and replace the original one after knocking it down. But, no, it was sold for cash. Nobody was able to buy it if they did not have several hundred thousands of pounds in their pocket. That is why I feel strongly about Amendment 18.
I also add my voice to Amendment 14 in the name of the noble Lord, Lord Best. I tabled something similar in Committee and thought I heard positive noises from the Government that recognised the cycle of council meetings and cabinet meetings in local authorities. I had hoped we would get an amendment from the Government at this point; if we do not get it here, I hope we get it in the Commons.
My Lords, I shall speak to Amendment 22, which again is about transparency. I am sure the Minister is going to say again that all the information is out there, but this is actually about collating it, so that we do not have to hunt for it, and it is easy to read. I am grateful to the Local Councils Network for highlighting this issue and the gap in current reporting arrangements. This amendment would require post-disposal reporting to distinguish between homes let at social rent and those let at affordable rent. It would require the Regulator of Social Housing to publish annual data in a form that allows useful analysis over time.
This is important as, although both tenures fall within the broad category of affordable housing, they are not the same. Social rent remains the only tenure that is genuinely affordable for many households on the lowest income, while affordable rent can be set at up to 80% of market rent. If social rent homes are being sold and replaced by homes at affordable rent, it represents a significant change in the nature of our social housing stock. At present, Parliament has no way of assessing whether that is actually happening.
The Regulator of Social Housing has confirmed that it has collected disposal data since 2017 but has never published any analysis of it. As a result, although we know that more than 28,000 homes have been permanently sold out of the social housing sector since 2018-19 through disposals, we cannot establish just how many of those had been at social rent and how many had been at affordable rent. Without that information, it is impossible to judge whether we are losing the homes that are most affordable for those who need them most or whether they are being replaced on a like-for-like basis.
The regulator already collects the information that this amendment asks for, but we need the data published in a way that enables Parliament, local authorities, housing providers and the public to understand what is actually happening to our social housing stock over time. Perhaps the Minister could tell the House whether the Government see any objection in principle to the regulator publishing this information annually. If the data is already being collected, what is preventing it from being published in a way that enables proper parliamentary scrutiny?
This is quite an interesting group, and I support quite a lot of these amendments, including Amendments 17, 21, 26 and 27, which are all good. I will support the amendments of the noble Lord, Lord Young—he is not listening to me. I think he might divide the House, and I will be supporting him on Amendments 23 or 25.
(1 week ago)
Lords Chamber
Baroness Teather (LD)
My Lords, my Amendment 80 is a retabling of an amendment I tabled in Committee. I will say a few words at the end in support of the amendment to which the noble Lord, Lord Fuller, has just spoken.
My Amendment 80 would require the Secretary of State to review and report to Parliament on the extent to which former members of the Armed Forces are able to access social housing. I thank the Minister for meeting me to discuss this issue and for making clear her commitment to achieving progress on this. I also thank her hard-working officials for sending me a very helpful note about the data that is collected, which I note was sent extremely late in the evening, so I am sure they were working hard in advance of the Bill returning to the Lords today.
The Minister responded to my amendment in Committee and in more detail when we had the chance to meet. She explained that she sees the way of making progress on this as being incorporating it partly within the wider review of social housing allocation. I broadly support that proposal, which I think is a sensible way forward, but I have some questions that I would be grateful if she would respond to. The information that her officials sent me was about data. I was really asking for a lot more information so that we are able to scrutinise how the Government are getting on. The Government say they are making progress on this issue. We need to be able to see the impact of that. Are more of the Armed Forces community able to access social housing or is it having no impact whatever?
The data that was sent to me on local authority housing statistics reported that 2,649 households on housing registers are members of the Armed Forces community and have been given additional preference under local authorities’ allocation schemes and that this equated to around 0.2% of the 1.34 million households on housing registers in England. Do we really think that is picking up everybody who ought to be benefiting from being given an additional preference? How do the Government intend to ensure that all those in need report their need? How are they encouraged to report their need? Is the review being conducted going to meet the gap between the figure that we currently have and the almost certainly many others who are not benefiting from the measures that the Government have already brought forward? How are we going to monitor the progress that is made? How do we know that what gets delivered is going to be successful? How we measure success is an important question here.
My other point is about injured veterans who have a disability and require specialist or adapted accommodation, which relates to the amendment that the noble Lord, Lord Fuller, just moved. We spoke about this in private, so the Minister is aware that this is an issue very dear to my heart as my husband is a wheelchair user and other members of my family who have complex disabilities have struggled to access housing. One of them remained in hospital for a very long time waiting for accommodation that would meet his needs. This is a question about not just the waste of taxpayers’ money of taking out adaptions that are done but the extreme waste of taxpayers’ money of keeping people in hospital waiting for an appropriate property that would meet their needs.
I know the Minister has said—and I accept this—that not every disability is the same, and people will often require something that is personally adapted to meet their needs. However, there are certain aspects of adaptation that are likely to meet many people’s needs, including wider doorways and wet rooms, so stripping everything out does not make any sense whatever. I really hope the Minister will respond to that. It dovetails neatly with my point about making sure we are meeting the needs of veterans as well as others.
I do not intend to push my amendment to a vote, but I would be pleased to hear the Minister explain how the Government are going to respond to the point about the gap between what we currently know about and the people who are facing the changes that the Government have made, and how we are going to reach them and make progress on those aspects.
My Lords, I tabled Amendment 81 and I support my noble friends on the Front Bench in their Amendments 83 and 84.
My amendment is trying to bring a bit of accountability back into housing associations. An issue that has been well described during various stages of the Bill is that housing associations are becoming enormous, with no connection to local areas. As a consequence, I thought—especially in line with the vibe of the new Prime Minister about devolution, local decision-making and people feeling involved—that it was time to get some democracy and democratically elected people back on these boards. Specifically, Amendment 81’s proposed new subsection (3) says:
“Regulations under subsection (2)(b) must ensure that no private registered provider’s board is comprised of a majority of elected local councillors”.
I anticipate that the Government will try to say, “This will put it back on the balance sheet”, but the answer is that it will not. The ONS—and I know this because there are some excellent officials over there; I have worked with some of them in the past—only puts things on the balance sheet because you have to have a majority. Control has to be with local government, which is why having a minority, not a majority, specifically in primary legislation, is key to that.
It feels that the direction of several housing associations is not going in the right way. The new Prime Minister has certainly been keen to talk about council housing—more so than social housing, although I appreciate that both will be in his mind—and that is where people would expect that, where there are special situations or a special kind of social housing or council housing, somehow there would be local involvement, not somebody who might be a couple of hundred miles away deciding what houses get sold, what get built and where they get built. For that reason, I hope the House may consider this during its consideration of the Bill.
I thought the noble Lord, Lord Jamieson, might like to speak first to tell us about his amendments so that we could respond, but I will go first.
While they are all on the same theme, these amendments are all different so I will take each of them in turn. As usual, the amendment from the noble Lord, Lord Fuller, sounds totally sensible, but I have checked this with three allocations officers in three different councils—so I have top trumped his single one—and the conclusion was that this is not an issue. Councils have the power to do what they wish with homes that have been adapted. They can leave them as voids, or they can rip out adaptations if they feel that they are too niche, but the reality is that they rarely have to do that because demand is so great. In fact, one officer said to me that the longest they have ever had to wait to re-let an adapted home is three weeks. I suppose I am saying that they would agree with the noble Lord that they care about protecting their precious adapted stock, and they do so.
My noble friend outlined the case for her Amendment 80. She said that many councils do this, but she is seeking to broaden our data about who accesses social housing, particularly veterans. The reason why that is important, as many of us know, is the high incidence of ex-military who end up homeless. My noble friend made a pertinent point about the wait that people have in order to get their adaptations. That is a far more serious point, and it could be to do with the availability of funding.
My Lords, I have tabled Amendment 92, the final amendment, and will be going ahead of my noble friend speaking from the Front Bench. To set it out pretty clearly, I hope that this finds favour with not only the Minister but the renewed Secretary of State, the right honourable Angela Rayner, who has been appointed. I also hope this finds favour with the Prime Minister.
Basically, one of the barriers for councils and others in trying to provide social housing is land. Homes England has tons of land. It has been given a lot of land by other government departments, with the very specific intent for homes to be built. But I am still awaiting—admittedly still within time—Answers to Questions about how many homes Homes England has built. I think that, at the moment, it is constrained by Treasury rules that it has to do this commercially. That is nonsense. We have an asset and there is a very clear intention by the Government to build many more homes, and, in particular, with this new Prime Minister, many more council homes. Why can we not just get on with it?
I appreciate that people go on about different aspects of finances, but the point is that this is in the Government’s hands. It is a bit like why the Conservatives brought in the right to buy initially. The property was there, and we knew that there were people wanting to buy those homes, to have and to invest in as they did, rather than them being an ongoing expense for the taxpayer. We have the same here. There is land all over the place that could become homes much more quickly if it was simply handed, for free, to the local council to get on and build.
For anybody who thinks that it is quite challenging to build homes, I remember that my noble friend Lady Scott of Bybrook and I were having dinner on The Cut. We saw the modular building right opposite the Old Vic. It is not a huge plot of land, but now there are four homes there—and it was all done within about two or three months. It is quite extraordinary. Where there is a will, there is a way, but land is the barrier. I encourage the Government to think that through.
I want to support Amendment 89, from the noble Lord, Lord Bird. I have long been a supporter of this. At the moment, there are 754,000 vacant properties in England, according to statistics published by the department last October. That has gone up by about a third in the last decade. That is not on; something needs to be done to try to get this moving. Quite often, these places are scruffy, and yet councils are not making use of their powers to force the owners of such properties to tidy them up and keep them looking nice. Much more needs to be done on this.
The proposed new clause headed “Long-term empty homes use: strategy and funding” is very sensible and the amendment is definitely needed. I expect the Minister will say, “It doesn’t need to be in law. We’re already doing something about it”, but the very fact that we are seeing an increase—I think it increased year on year—is a real scandal when, by the way, 105,000 of those empty homes are in Greater London.
I appreciate that the noble Lord, Lord Bird, has not indicated whether he intends to press his amendment. If he does, I would support him, but I hope the Government will consider it carefully and come forward with their own amendments by the time the Bill goes to the other end, particularly under the guise of the new Prime Minister and the renovated Secretary of State, in order to really make a difference here.
I know that the Prime Minister talked today about rough sleeping, which has often been a huge focus for a number of Governments, but it is actually a small number of people in this country compared with the people who are living in temporary accommodation. I hope that the Government will give this full force and back the intent of the Prime Minister not only on rough sleeping but, as he also mentioned, on making sure that people get their homes. That will be the basis on which they can have prosperous lives.
My Lords, this is a group of interesting and different amendments. Nobody could fail to be moved by the way that the noble Lord, Lord Bird, speaks to us, or to understand and feel his passion. He should not doubt for a minute that we share that; I think we all do.
My concern about Amendment 89 is that it would involve empty dwelling management orders. There is a real irony about those orders, as they are a power that councils rarely use. In fact, councils regard them as much more complex and difficult than CPOs—compulsory purchase orders—and have almost abandoned using them altogether. There were, in fact, no EDMOs used at all between 2023 and 2024, and only 200 in total since they were introduced in 2006.
I absolutely understand the intention of what has been said, but I am going to be cheeky and use this opportunity with the Minister to jump on one of my hobby horses, which is empty homes. This is really about the constraints and difficulties with compulsory purchase orders. It was said that councils should use their powers, but the trouble is that there are real barriers to councils using those powers. To start with, on money, councils lack dedicated funding to renovate properties, which is exacerbated by the costs of compensation to the owner and legal fees, so there are real money issues there.
It is absolutely accepted that the CPO process is overwhelmingly bureaucratic, complex and slow; it also requires government approval. If we are talking about the devolution of things, perhaps that is a power that councils could just get on with. On the six months, you want to say, “Of course that’s right”, but from my experience tracing the owners can, in reality, take far longer than six months. It is really frustrating watching officers try to progress these sorts of things. It is very challenging when there are so many absentee owners now. Some of the most difficult issues are about untangling complicated probate ownership.
Another big issue is the capacity in councils to do this work, when there is an ongoing concern that councils are constantly being asked to do more with less, particularly with regard to such issues and enforcement. But I understand why this amendment has been brought and the Government should look at removing some of those barriers to CPOs, which are well known and well evidenced. Councils are not using them for those reasons and some of those could be changed.
I have reassured the noble Lord, Lord Jamieson, that I will say nice things about Amendment 91. He is feeling a bit bruised today. Of course, it is absolutely right. Where we disagree on this is that I have always believed that brownfield is at the top of the planning hierarchy—ever since John Prescott’s days. It is very clear that we should be developing on brownfield sites. The amendment says that there should be a stronger emphasis. The reason for this, I know from sensible discussions with the Conservative Front Bench, is that they deal regularly with councils that do not give planning permission for brownfield sites.
That is a very real concern. Developers will always develop green spaces over brownfield, so there is a case for talking about incentives to use brownfield sites, to get those more into action. But I guess it is also a challenge for the Minister’s inspectorate. If councils are regularly turning down suitable housing sites and not giving permission, presumably a developer will appeal and inspectors will do their job. So I totally agree that it is always preferable to use brownfield.
My authority is one where 98% is brownfield. We do not really have any green sites apart from scratty little bits of land, which we very quickly put social housing on if we can get ownership of them. I absolutely get where the noble Lord is coming from; I just believe that brownfield is at the top of the hierarchy and that councils that are not playing ball, not playing by the rules, should be brought to account regardless of what party they are run by.
I have to say publicly to the noble Baroness, Lady Coffey, that I find her amendments wonderfully quirky. She is really good at thinking outside the box. I am busy thinking, “Okay, this one actually sounds quite simple, coming from the noble Baroness, but I bet there are loads of really complicated reasons why it can’t happen”. What I will say is that she put it very simply: why can they not just give it for free? In our council we give the land for free. The only way we get social housing built is by giving the land for free. I guess it is about the principle of that, and I wholeheartedly endorse the principle. Public land is a public asset and should be used for the public good. It might amuse the noble Baroness to know that we have some very quirky policies on land use within our party. Land clearly is an issue for building and development. I will rest my words there and look forward to the Minister’s response.
(1 month, 3 weeks ago)
Lords ChamberMy Lords, there is a lot to welcome in this Bill but I must admit that after Clauses 1 to 4 and Clause 6, I then start to find it concerning. I say that because I am all for trying to make sure that when people buy a home for which they have been paying rent, there are good reasons for that to happen. I cannot explain it any better than my noble friend Lord Young of Cookham did earlier, but there is no doubt that being freed from whatever rules and restrictions the council or housing provider have—and being able to do what you want in your own home—was a big liberation for people. As a consequence, I am concerned about the changes that are being brought in.
I start with Clause 5 and the discount being reduced to 5%, but going up to a maximum of 15%. It is my understanding that when the discount was introduced—I think it was under the Conservatives—it was 32%. It was a Labour Government in 2004 who put it up to 35% and then there were consequential increases. I really wonder why it feels as if the Government are doing everything possible in the Bill, apart from removing the right to buy, to make it difficult for people to do that. This will backfire on them, or perhaps a future Government who are not a Labour Government, when they start to realise what will happen if people are still in that social housing once they are no longer earning and have become pensioners: a lot more money will need to be paid out in housing benefit to allow people to stay in that home.
One of the reasons why it seems as if young people have given up on being able to buy a home is when they know they are paying more in rent than a mortgage would cost them. It is about getting that deposit, and the whole point of getting on to the ladder from social housing is that you have, in effect, already been helped to get on that first rung.
When I was in government in DWP, I did some work with MHCLG on a particular policy. MHCLG was never very enthusiastic about it, but it was about how we can turn what gets paid in housing benefit into, effectively, mortgage payments. It is a question of what we can do when we are already helping people to live in a particular house or flat. How can we genuinely make sure that, in effect, it becomes something that has to be done for only 30 years instead of, potentially, 60 to 70? That is why there is a real economic challenge in aspects of this Bill.
On other missing aspects, I am concerned about the blocking of rural areas. It would be useful to understand whether the Government have considered what somewhere that is not an AONB today, but is in the future, would mean to existing rights. That has happened, as we have seen an expansion of AONBs in recent years and more national parks are intended. There is also nothing to restrict the housing association or council from selling the house in question. This happened in the constituency I used to represent in Suffolk—in Orford and Aldeburgh—and the money was not being used to rebuild homes locally. It was being used to build homes up to 100 miles away. Meanwhile in local communities, no social housing was going to be left for the children of those in that housing and who wanted to stay in the area, because it was being sold off.
I recall that one of the houses was quite large and had a large garden. That is no surprise, as post World War II a lot of social houses were built with large gardens so that people would be encouraged to grow their own food. But now this particular site could easily become the site of at least two, if not three, new houses under modern designs. The only answer was, “We are putting it up for auction”. That housing association provider—I am not a big fan of Flagship and New Tide—arranged it that so that you could buy a very nice housing plot in this particular rural area, which was an AONB, if you had enough cash; the way they did the auction was that it was only available to those who could pay cash, not those who could get access to a mortgage.
If the Government are intent on stopping the right to buy on rural houses for tenants, I do not think they are going quite so far as to require councils or other housing providers to replace them—I think they are enabling it, but they have always been able to do that. But I do not think it is right, in effect, to take that out of the housing market to address the needs of people in rural areas.
Another issue here, which the noble Baroness, Lady Murphy, picked up on, is the number of empty homes. I believe that there is an annual requirement, but it is not very specific about where the empty homes are. I came across this when the new homes bonus was in place. The bonus was given to councils which built homes, but it was offset by the number of empty homes. We discovered that, in that bit of Suffolk at the time, there were over 100 empty housing association homes. It is absolutely paramount that we have more transparency on this and that, frankly, housing associations and councils are held to account. They actually decided to demolish about 30 homes so they did not count anymore. I am pleased that they did rebuild some homes there, which were well-adapted, but these are the sorts of things happening locally.
What is missing is that, if a housing association sells a house, the first dibs should go to the council, another housing provider or indeed the tenant. It should also be required that the housing association or provider replaces it locally, which means within 10 miles—we are not talking about 100 miles, as is happening with some of the housing associations and providers today.
While there are aspects I welcome, there is a lot that I do not welcome and which I think that the Government will come to regret in the future. It is no surprise that the social housing list is so high; having a subsidised rent is always very attractive, and the unfortunate break-up of families has also had an effect, as indeed have aspects of immigration. I am sure this Bill will get the careful scrutiny it needs. I will not be here for day 2 of Committee, but I reserve the right potentially to bring amendments for the first time on Report.
(3 months, 2 weeks ago)
Lords ChamberMy Lords, earlier we discussed the words “community empowerment” in the title of the Bill. We have not had sufficient discussion about what that will mean and how it will be included in the Bill and made a reality for communities. The word “empowerment” in the Bill is without meaning if communities are left powerless to save the very assets they value the most.
Amendment 247, in my name, addresses the critical issue of dormant assets of community value. That could be, for example, a local village pub that is no longer in use, or a village shop or community centre that is listed by the local authority as an asset of community value. That means that the local community has already made the effort to gather the necessary names to support making that building, that particular asset, one of community value. A dormant asset of community value, to which this amendment refers, arises when a fair offer is made on a professionally determined value price, but the owner rejects it and proceeds to let the building sit empty and decaying, and therefore dormant, for years, refusing to sell to the community or anybody else.
This amendment seeks to provide a necessary backstop for those situations. It would empower a local authority to use compulsory acquisition powers to purchase land or a building that has been, in effect, abandoned by its owner to the detriment of the public. That would not happen immediately, as the amendment sets out stringent qualifying conditions to ensure it is used only as a last resort. The land has to have been on the list of assets of community value for five continuous years. A notice of disposal must have been issued, with the owner having rejected a fair market offer. The owner must have failed to sell the land to any other buyer during that sale period.
When those conditions are met, the land is, by any reasonable definition, dormant. It is serving no economic purpose, providing no social value and is often becoming a physical eyesore that holds back local regeneration. By allowing local authorities to step in under these specific circumstances, the amendment would ensure that the right to buy is more than just a right to wait in vain. The amendment would give communities a path to reclaim and revitalise the spaces that define them—the pride in place that we have heard about throughout the debates on the Bill. I hope the Minister will welcome the amendment and ensure that community empowerment becomes a tangible reality for those seeking to protect their local heritage, their pride in place and their future. I beg to move.
My Lords, I have Amendments 251, 263ZA and 263ZB in this group. I start by giving my general support to Amendment 247, which the noble Baroness, Lady Pinnock, just set out. Councils already have quite a lot of compulsory purchase powers, but in my experience they are very reluctant to use them, so I understand where the noble Baroness is coming from.
On Amendment 251, it may seem like Groundhog Day. I am grateful to noble Lords who voted for this in the Planning and Infrastructure Bill. At the time, there was a concession from the Planning Minister in the Commons who said that they would look to consult on this. I reminded the Minister then that I would bring the amendment back if necessary, because we had not heard anything about what was going on with this. The issue, as addressed in Amendment 251, is that, at the moment, only a handful of asset types are protected from demolition. In my experience as an MP in a local community, when owners of places with an asset of community value designation decided to demolish them rather than allow anything further to happen, I felt that was unjustifiable.
I hope the Minister will say something somewhat more encouraging than what she said in Committee, when we were told that apparently the consultation would happen “in due course”. For those of us who have served in government, we know that that is basically speak for “never”. That is not encouraging. That is why I want to hear what the Minister has to say today in response to whether any further consideration has been given of when there might be a timely consultation and, ideally, legislation. On that, I reserve the right to test the opinion of the House subject to the answer of the Minister.
Amendment 263ZA may seem familiar. It was tabled in Committee by the noble Lord, Lord Bassam of Brighton. I had tabled something similar, but it was not as good an amendment as that tabled by the noble Lord. Currently, the greater protection given to sporting assets of community value is, in effect, available only to sports grounds that have spectator accommodation. It has been designed for non-league and league football clubs where, as we have seen in the past, things suddenly have gone wrong after the owner has gone bankrupt or similar. I felt, as did the noble Lord, Lord Bassam, that this should go further, and take the approach of considering for protection community and playing fields. Such protection is available today in the same way, but not with the same proactivity from the local authority as is currently required under what is proposed for sporting assets of community value.
In Amendment 263ZB, I decided that this is important enough to go further again. We already know that the role of Sport England as a statutory consultee is under threat. It is an expressed view of the Government that they wish to no longer have Sport England be a consultee when it comes to planning applications covering existing playing fields. That went out to consultation, but that was the preferred view of the Government. Amendments 263ZB and 263ZA would, in effect, marry, and bring Sport England back into an important role to help local authorities consider and designate particular areas as sporting assets of community value.
The Government have been surprised at how communities right across the country have, and rightly so, stood up and supported Sport England in its response to the consultation. I am conscious that there are relevant aspects in the NPPF, but the reason I am seeking to put this here is to make sure that we continue to have, for the playing fields and sports grounds that we have today, the statutory role of Sport England recognised in legislation. That could be done in a proactive way.
I am interested to hear further from the Minister about why “sporting ground” has been so narrowly defined, even at this stage on Report, because we have not covered that, and where she considers the role of Sport England to be in making sure that we have playing fields for generations to come. That is why I will press my amendments.
I said earlier that I would wait for the Minister’s response. I think the House will be pleased that I think the response was sufficiently satisfactory, so it would be churlish for me to press this to a Division. I therefore will not move the amendment.
(4 months, 3 weeks ago)
Grand CommitteeAs the noble Baroness will be aware, there is a whole range of safeguards in the planning system for environmental purposes. This asset of community value is there for communities to enable them to protect particular assets that they find of value in the environment. We will be developing the guidance for this and I hope the noble Baroness will take part in that guidance. She asked me earlier today if I will meet her and I am of course very happy to do that.
I turn to Amendments 232A and 232B. I agree with the noble Baroness’s sentiment that as many assets as possible should come into the scope of the policy; however, we have to recognise that there are some types of land that it will not be feasible or justifiable to designate as ACVs, as other interests may take precedence. That includes private residences and operational land used for statutory undertakings such as water, gas and electricity. It is right that the policy prevents the listing of land in these limited circumstances, which is why the Secretary of State has the power to set out land that is not of community value in regulations. We will continue to keep the list of exemptions under review to ensure that it is not unnecessarily restrictive and that communities can protect a wide range of assets.
Amendments 234ZA and 234A seek to broaden the definition of a sporting asset of community value. The current statutory definition of a sports ground in the Safety of Sports Grounds Act 1975 explicitly states that the ground must have a spectator facility, so that provides a clear objective framework to help councils assess eligibility for listing as an SACV. There is no comparable alternative legislation that provides a comprehensive or universally applicable statutory definition. Broadening this definition would place a considerable burden on local authorities to identify grounds they consider to be eligible for SACV listing and to retain up-to-date lists of them. Any ambiguity could lead local authorities to being less confident about listing these vital assets.
The current definition of an SACV, which encompasses the majority of grounds that have a spectator facility, will significantly increase the number of assets that communities can take ownership of under the new community right-to-buy scheme. Furthermore, a spectator facility is a sensible and objective indicator of community value. A ground with a built space for spectators is clearly designed for shared organised use and already serves a wider community purpose. Grassroots-level grounds that do not meet the definition under the 1975 Act will still be eligible for listing under the regular ACV scheme.
If a council decides to designate, say, Hackney Marshes or some other area like that and it is clearly for sporting value, will it then get the same protection even if the council has not initially designated it because it did not have spectator facilities? Will it then get the same protection for life?
That is a very good question. Because those are sporting facilities, I would imagine that they come under the ACV scheme or the SACV scheme. I feel that they should be because they are all sporting assets but I will check that and respond to the noble Baroness in writing.
(5 months, 2 weeks ago)
Grand Committee
Baroness Freeman of Steventon (CB)
My Lords, my Amendment 225 is supported by my noble friend Lord Freyberg and many outside this Room, including the Wildlife Trusts. Similar amendments were tabled by the noble Baroness, Lady Bennett, which the noble Baroness, Lady Jones, will speak to in a moment.
When the Government first talked about the community right to buy scheme, we heard of empowering communities to create new parks and green spaces by helping them purchase and restore derelict land and green space of community value. This was in line with the Government’s definition of “sustainable development”, or the so-called three pillars: the economy, society and the environment. One of those—the specific facility of the right to buy derelict land or green spaces for their environmental value—has slipped out of the wording in the Bill. In the other place, the Minister responded to queries on this by saying that
“environmental assets will be captured within assets of community value … We will set this out in guidance, as we share the determination that environmental assets are captured within the provision”.—[Official Report, Commons, 25/11/25; cols. 323-24.]
However, I do not think that is strong enough. We can see that through the way that the current right to bid, which this schedule seeks to update, has been interpreted. Looking into this—I have spent more time than I expected reading legal judgments—it seems clear that the current drafting of proposed new Section 86B, outlining what land can be determined to be of community value, is very close to the section of the Localism Act 2011 that it replaces, and hence is likely to fall into the same issues when it comes to green spaces that do not include an official community hub or organised activities. I do not think the guidance will be strong enough to overcome those issues.
I know that I do not need to use up your Lordships’ time, particularly at this time of night, by extolling the benefits of green spaces that go well beyond direct economics or narrow social value. This is not just about official sports playing fields; any field can be a place for play. Green spaces can act as important areas of flood mitigation or as filters for air, noise and water pollution. They can be harbours for wildlife that are important to people. They can be buffers and screens between one urban area and another, giving a sense of community—small patches of green that act as spaces where people can plant microforests.
Pride in place is as much about green spaces as it is about built heritage and culture. There is plenty of research showing this, as we have spoken about at length on other Bills, but it is not so easy to put the benefits of communal green spaces into an argument about economics or social value, especially given the need to demonstrate that these benefits are non-ancillary. Adding the explicit reference to environmental benefits to this Bill could allow communities to unlock everything that the Government envisage, and help communities to support the Government in achieving targets such as 30 by 30, which are currently looking very hard to get to. There are plenty of communities keen to look after a local field, river or piece of woodland—even a small strip of green or a verge—and plenty of private or philanthropic money that is available specifically for that purpose, which the country is otherwise missing out on the opportunity to use.
Of course, I recognise that the Government do not want to allow any blockers to their housebuilding plans, so there is an extra line in my amendment to exclude land that has already been earmarked for development in local plans. I can see that the exact wording of this schedule needs to be thought out very carefully to encourage what we want to encourage, and not open the door wide to use outside the envisaged scope. But I gather that what I am proposing works currently in Scotland, so I very much hope that the Minister will give a positive response to this amendment—in line with the Government’s stated determination that this schedule should encompass environmental assets—and bring forward a government amendment on Report.
My Lords, I have tabled in this group Amendments 222D to 222F, 225A, 230A, 232A, 232B, 234ZA and 234B, and the Schedule 29 stand part notice. I do not want to say that I am against Schedule 29, but it is only by doing a stand part notice that I can get a sense from the Minister of what is really happening with that schedule.
I will start briefly with the other amendments. There is a lot of merit in them. My noble friend mentions going back to the community ownership fund in Amendment 222A. When I was an MP, I helped a community to buy the Racehorse pub in Westhall. I also facilitated or supported the purchase of somewhere called Holton Pits, which is really an environmental area that receives funding. It goes beyond the Pride in Place which is being used for certain communities around the country.
I will jump quickly to Amendment 234B, which is a bit of a cherry on the top. One of the ways to avoid taxpayers having to keep paying for this—although it is a good use of money in terms of building communities—is that one power a council has is that it can take action against the owner or landlord of particular buildings, or a land area, in order to clean them up. I am suggesting—this may go a bit too far, but it is worth considering—that the council has to inspect any asset of community value every five years and then apply a notice if it is derelict or in decline. The reason why it being in decline matters is that one of my concerns is that there is an element here of almost running down an asset of community value in some way, so that it almost starts to be rendered pretty useless or very difficult to recover, and that is not appropriate.
Let me give the example of a council that was concerned about a former theatre and sports hall. It had been closed to the community by the private owners and had become a real mess, with broken windows and so on. Initially, the council resisted designating it as an asset of community value, and then, ultimately, it was one of the ones that got demolished.
That brings me back to Amendment 222D—yes, Minister, it is back—which would remove the automatic right, or the permitted development right, for assets of community value. There is only a handful of cases where this does not apply. On Report of the Planning and Infrastructure Bill, it was very gracious of the Government to concede that this had merit and that they would consult on it. I have not seen any sign of consultation. Another reason given was that it was not usual to amend statutory instruments in primary legislation. Well, the Government are doing that regularly in their Bills, and it is happening in this Bill in Clause 45, so I will not accept that as an excuse any longer.
I want to understand what is going on with Schedule 29. It looks more or less like Section 87 of the Localism Act 2011, which is more or less being ripped out and replaced with new Section 86A. A lot of it is similar, and there are a lot of improvements. I may have misunderstood what it is trying to do when I tabled some of my amendments—I think I messed up on Amendment 222F in particular. More broadly, what is so wrong with Section 87 of the original Act that it needs almost ripping out and replacing in full?
There are a couple of things that give me a particular cause for concern, and they are addressed in my Amendments 232A and 232B. On page 297 of the Bill, subsections (4) and (5) of new Section 86B seem to give the Secretary of State powers to override, and to stop something becoming an asset of community value when a local council is determined that it should be. I am trying to understand that. That is certainly not in Section 87 of the Localism Act. There are elements that strengthen the legislation, including the provision on making the first bid, as opposed to just being ranked alongside others and having a stopgap of six months—this extends it to 12 months. But too often, well-meaning civil servants, giving advice to their Ministers, who know that they are supposed to build 1.5 million homes by the end of this Parliament, sometimes see designations as a way to block housing. It worries me that we are heading in this direction and that, despite a lot of this being good, we end up going the wrong way.
I turn now to the issues to do with sports in Amendment 234ZA. I have particularly picked on this because the original Safety of Sports Grounds Act 1975, which is referred to in the Bill, has this definition:
“‘sports ground’ means any place where sports or other competitive activities take place in the open air”—
so far, so good, but it continues—
“and where accommodation has been provided for spectators, consisting of artificial structures or of natural structures artificially modified for the purpose”.
I anticipate that a lot of this is really about local football clubs and rugby clubs that have stands or similar, as opposed to the many more sports fields around the country that do not. Communities could erect one, or the owners, under the permitted development rights, could demolish one, therefore removing it, technically, from protection under this provision, which will be for life. I am concerned that we are not covering that. I anticipate that the Minister will say, “Well, that’s provided for under the NPPF”, but I think this needs to go further.
I have also tabled Amendment 222E. If we are getting rid of the five-year limit for sports grounds, why not do it for all assets of community value? There is no point in having an arbitrary differentiation.
I have a question for the Minister. I have not been able to work out when Clause 63 and Schedule 9 will commence. It is not mentioned specifically in Clause 92, so I do not know whether it comes under subsection (1)(c) or subsection (7)—whether it will be on the day the Bill passes or whether it will be by regulations.
(8 months ago)
Lords ChamberMy Lords, I thank the Minister for her comments on Motion G and assets of community value. I am conscious of the new Bill that will arrive here. I am also very grateful for the remarks of Minister Matthew Pennycook, as they recognise that this is an issue. I was elated when your Lordships voted for the amendment at the time, but I am conscious that some of these things can be done through secondary regulations. As a consequence, I shall not try to test anything further, but I look forward to the consultation coming forward shortly—genuinely shortly—as well, I hope, as some draft regulations at the same time. They are so easy that I have written them for the Government already through my first amendment. I hope that we can make progress so that I do not have to revisit this with a further amendment to the Bill that we will look forward to examining.
Lord Banner (Con)
My Lords, I, too, endorse Motion F. The national scheme of delegation has to strike the right balance between going far enough and not too far, which is not without difficulty. I urge the Minister and her officials to bear in mind the imperative of avoiding a proliferation of different thresholds. We have the national scheme of delegation thresholds; we have the 150 dwelling threshold announced a few days ago in relation to the exercise of potential haul-in powers to prevent refusals; and we also have coming down the line potential thresholds in relation to standardised Section 106. What I have been hearing from developers in the last few days is that the potential range and proliferation of thresholds—because we also have the EIA thresholds—make decision-making quite difficult in how to calibrate their developments, so the simpler it is, the better.
The Minister also mentioned the forthcoming NPPF consultation. Is she able to indicate when the final version of the new NPPF will be published? I appreciate that she cannot give a precise indication. There is anecdotal evidence that during the consultation on the last NPPF some applications were put on hold because applicants wanted to wait to see the final version. Indeed, there is some evidence that during the passage of this Bill some infrastructure projects have been put on hold so as to benefit from some of the streamlining, so the greater the clarity that can be provided as to how long—we hope that it will be fairly quickly—the post-consultation process will take to produce the new NPPF, the better.
(8 months, 2 weeks ago)
Lords ChamberMy Lords, to make a few brief comments to the noble Lord, Lord Lansley, we have discussed the implementation of the issues contained in the levelling-up Act before; however, it would probably help noble Lords if I write a letter setting out when those provisions come into place—I hope that will help all noble Lords. In terms of the noble Lord’s question about the hierarchy and how it would be employed, we wanted to be very clear that the mitigation hierarchy lives in this model but has to be expressed in a different way given this move to a strategic approach. We have debated that many times before. The different levels of the hierarchy do not neatly map on to the different types of conservation measures available under an EDP, so we will use regulations to set out how those principles are expressed through the NRF. If I can comment further on the issue raised by the noble Lord, I will write to him or arrange a meeting between us.
I am very grateful to all noble Lords for all their engagement and contributions during the passage of this landmark piece of legislation, the Planning and Infrastructure Bill. It is a complex piece of legislation. I have been very grateful for the expertise around the House, which, in the best tradition of this House, has helped to make the Bill better. We have debated the Bill at length and into the early hours on many occasions over the past six months, with many thoughtful and considered contributions. I say a special thank you to my noble friends Lady Hayman of Ullock, Lord Khan of Burnley, Lord Wilson of Sedgefield—he has arrived from his horrendous train journey just in time to hear me thank him—and Lord Hendy of Richmond Hill for their steadfast support in taking this Bill forward. I know they echo my thanks to Members across this House.
I also thank my honourable friend in the other place, the Minister for Housing and Planning, who has taken a lot of time to talk to Peers about their concerns. I am grateful in particular to the Opposition Front Bench, namely the noble Baroness, Lady Scott of Bybrook, and the noble Lords, Lord Jamieson, Lord Roborough and Lord Blencathra, for their robust and constructive engagement throughout the passage of the Bill. In a similar vein, I also thank the noble Baronesses, Lady Pinnock, Lady Parminter and Lady Grender, and the noble Earl, Lord Russell, for their continued engagement and contributions during the debate.
Many noble Lords have generously lent their time and expertise, including many here around the Chamber, and I am very grateful to all of those who have contributed. While there may be disagreement on some of the issues we have debated, I know we all share the same aim of unlocking economic growth and getting this country building again. I believe that we are in broad agreement that this Bill represents a critical milestone in achieving this objective, alongside doing what we can to enhance our environment as we go on that journey.
Finally, I am very grateful to all the officials and members of the Bill team, who have worked tirelessly on this Bill behind the scenes: Holly Harper, Isabelle, Lucy, Tom, Daria, Fatima, Guy and Sam. I of course thank my brilliant private office, without whom I would not be doing anything. I also pay tribute to all the parliamentary staff, including the clerks, doorkeepers, security, Hansard and the Public Bill Office, many of whom have stayed late—sometimes very late—as we debated this Bill into the early hours.
My Lords, I know that the Commons will consider amendments to this Bill on Thursday. I genuinely hope that the Government strongly and carefully consider the contributions noble Lords have made during this Bill, particularly on Amendment 130, put forward by the noble Baroness, Lady Willis of Summertown.
On the advice of the clerks, I speak at this point to put on record my concerns about the Clause 20(3) statement that was put in the Bill by both the Minister and former Secretary of State. It is a matter that is being considered in the courts right now—whether it is justiciable or not. As a former Secretary of State for Defra, my understanding is that it almost certainly would be. However, it turns out that the Government and House of Commons do not believe it is, but that it is a parliamentary proceeding. That is why I want to express my concerns about not only this Bill but how we consider this element in future Bills.
I do not say this lightly, because I am conscious of what the Office for Environmental Protection has said, but it is one reason why I have tabled Questions to the Senior Deputy Speaker and the Minister. With that I hope that we will see a Bill enacted in due course that will enhance the environment, rather than my concerns about what Part 3 will do to it.
My Lords, this has been a challenging Bill. Over eight days in Committee and five on Report, we have examined it in extraordinary detail, with early mornings and late nights. Yet, despite the effort, it still falls short of the Government’s stated ambitions. The scale of late-stage amendments, with 67 tabled on Report—and even two more today, which we supported—speaks to a Government with no clear plan to deliver the homes we need. At the last election, the Government pledged to deliver 1.5 million new homes, yet construction output continues to decline, falling by 0.3% in August following no growth at all in July. That is hardly the sign of a system ready to meet its targets.
This Bill, regrettably, does not confront the real blockages to delivery. From the outset, we on these Benches have sought to focus on substance: the practical and legal barriers that genuinely hold back new housing, such as the Hillside judgment, the absence of proportionality in planning enforcement, restrictions linked to Ramsar sites and the complexities surrounding nutrient neutrality rules. These are the real challenges confronting developers, councils and communities seeking to build, not the voices and views of local people that are being curtailed. These are the issues that matter; the measures that would build homes, infrastructure and hope for millions still locked out of home ownership.
(8 months, 3 weeks ago)
Lords Chamber(8 months, 4 weeks ago)
Lords ChamberMy Lords, I briefly add one further point to the support for Amendment 114, to which I put my name. I am sure the Minister will tell us that local authorities and Ministers already have responsibilities for the roles outlined in the amendment, including in the NPPF, but this would bring the responsibility up to date and in one place. In these times, when one could infer from “build, baby, build” that only development matters and nothing else, this amendment would provide clarity and a long overdue appropriate sense of the importance of balance.
My Lords, this is an interesting group of amendments at this stage of the Bill and, clearly, we are heading towards Part 3. I am trying to understand why bringing aspects of this into primary legislation is necessary, given existing legislation and, indeed, a plethora of programmes put in place by government. I support my noble friend’s Amendment 121F, because we were successful with the Environment Act, and we put in place a biodiversity duty through regulation, similar to what the noble Earl, Lord Russell, seeks to do with Amendment 206 in applying the Climate Change Act. But there are very different circumstances here. Through climate change and carbon budgets, we have national programmes that in effect already control what is happening for local authorities in carrying out their duties. When it comes to biodiversity, what is significant is quite how different parts of the United Kingdom are—or, in this case, in terms of the legislation in England. The beauty of the local nature recovery strategies—which we are yearning to get into place—is that the principal thing a local authority can do is to decide how land is used, and what planning permissions are granted to enhance biodiversity. That is the whole point behind the local nature recovery strategies.
There is merit in my noble friend’s amendment trying to link that directly—in primary legislation, not a regulation—to the achievement of the requirements of the 2021 Act, to achieve, in effect, the stopping of the halting of biodiversity by 2030. Combining the direct links and helping local councils to continue to navigate that way is why I think there is a lot of merit in Amendment 121F. If my noble friend Lord Blencathra were to consider testing the opinion of the House on it, I would of course support him.