Housing and Planning Bill (Second sitting) Debate

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Tuesday 10th November 2015

(8 years, 6 months ago)

Public Bill Committees
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Peter Dowd Portrait Peter Dowd
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Q 121 I have one more question on that. Do you have any idea at all of the cost of the remediation of brownfield sites nationally that you as a developer would not want to pay for, or that developers would not want to pay for?

Andrew Whitaker: No. I think that is a bit like asking us how long a piece of string is. Every single site differs in terms of the amount of money needed to make it viable. That is not just in terms of the actual viability of ensuring the land is developable, but in terms of meeting the landowner’s requirements for the price of the site, meeting the developer’s requirements for the profit element on the site, and meeting the planning obligations on that site to make sure that the infrastructure is provided. That differs on a site by site basis. Over the last few years, where viability has become more of an issue in planning and local plans, we have found that making these decisions on a generic basis invariably does not allow for the massive fluctuation in site-by-site assessment.

Chris Philp Portrait Chris Philp (Croydon South) (Con)
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Q 122 I would like to continue this line of inquiry in relation to permission in principle and the brownfield register. To get straight to the heart of this, I ask each member of the panel to comment on whether they think that those measures would increase, decrease or have no effect on the number of housing starts we see in our country.

Brian Berry: I think the new consent of permission in principle is a forward step. That will help to bring forward more SME applications. The brownfield register is a positive step, because there are very small parcels of land which our members could build on. Having that transparency will be a help. That would encourage more development.

Chris Philp Portrait Chris Philp
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Q 123 Okay. So you think it will be a net positive?

Brian Berry: I do.

Ian Fletcher: I think both measures will make a positive contribution. The most advanced register in the UK is the effort of the Mayor of London, and the power in the register is not in the register itself but in the Minister sitting round the table with the public authorities and the advisers to discuss what can be done with this particular land and then getting it into use. A Domesday Book of land in itself is only half of the effort. It is what is done with it that is important.

Chris Philp Portrait Chris Philp
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Q 124 I am going to come back to that in a moment. Mr Whitaker, do you think that these measures will increase supply, decrease supply, or have no effect?

Andrew Whitaker: They will definitely increase supply, because this is a positive step towards finding the sites that local authorities actually want to see developed. As Mr Berry said, that will make it easier for SMEs, which want to enter the market, because they will know very clearly that they will get planning permission on those sites.

Chris Philp Portrait Chris Philp
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Q 125 Good. I am delighted that there is unanimous agreement on the panel that these are positive measures that will increase supply. Let me return to the point that Mr Fletcher touched on. In relation to London in particular, the London Land Commission has had power over specifically Government-related land and has had some measure of success, particularly with Greater London Authority land. Perhaps you would comment on whether there is any opportunity to go further in terms of how the state goes about bringing forward its own land—for example, the 6,000 acres owned by Transport for London—and what specific measures you believe might encourage that to happen.

Ian Fletcher: In the case of our sector, some things that get in the way are best value and best consideration rules, which are written for a model of housing that we have had for the past 30 years, which is that you build for sale and then you contribute an element of social housing. When you are doing a build-to-rent development, which is some- thing new to local authorities, they are very cautious about whether they are getting best value or best consideration. That would be a help. I can see the difficult politics but it would be helpful to get a clear set of rules as to how that land commission works, and what public land can be brought in, whether it be from other Government agencies or local authorities. The beauty of the London Land Commission is that it has some very good private sector advisers, who can start to think about what those parcels of land can be best marketed and used for. I would encourage the other regions or localities that set up registers to engage with the private sector early on.

Chris Philp Portrait Chris Philp
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Q 126 Okay. Moving on, Mr Whitaker, to a remark you made in your summary note. You say that clause 106 will be helpful in that it requires local authorities to make the financial benefit of development proposals clear. Were you commenting generally, or in terms of trying to get the CIL money more clearly allocated to projects that are beneficial to a particular locality? An issue that I have encountered historically is that constituents feel that a large amount of CIL money disappears into the borough’s pocket and does not directly benefit the immediate area of a development. Is that a problem and are there measures in the Bill to help to address that?

Andrew Whitaker: That may well be a problem of CIL, but it is a different issue that is not covered by the Bill. It will be covered elsewhere. We see the idea behind making local authorities be very clear about the financial benefits of developments and about their decisions on those developments as being a much wider benefit to ensure that people start to recognise how much development brings to their area, rather than always seeing development as the downside of development and the effect on their immediate neighbourhood of development where there once was no development. The fact that people will be able to see how much new homes bonus and CIL, and what planning obligations and amount of council tax increases, are brought to their area by these developments will be beneficial in trying to overcome some of the people who are against development.

Chris Philp Portrait Chris Philp
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Q 127 Good, and that is the purpose of clause 106, is it not?

Andrew Whitaker: It is indeed, yes.

Chris Philp Portrait Chris Philp
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Q 128 My final question is to Mr Berry. Some smaller developers complain about some onerous aspects of the planning process, not all of which are addressed in the Bill, for example the requirement to do newt and bat studies and all that sort of stuff. How will the Bill help smaller developers? Are there any areas outside the scope of the Bill that may need attention in future? It might be helpful to hear about that.

Brian Berry: One of the issues that came up on Second Reading by the former Housing Minister is the fall in resources in planning authorities and the loss of experienced staff. That is an ongoing concern. Our members have come to the conclusion that they would pay to fast-track and get things done quicker because of the delays that they experience in the planning departments. The complexity and delays in the planning system are always criticised but they have got worse over the past few years. The Bill tries to address that. Therefore, we are very supportive of the provisions. There sometimes is a concern about accountability. Sometimes, small applications are not taken as seriously as larger ones. Therefore, the Bill’s extension of planning performance is a welcome move forward for small applications. Overall, the Bill is a positive move.

Chris Philp Portrait Chris Philp
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I am delighted to hear that.

Gareth Thomas Portrait Mr Gareth Thomas (Harrow West) (Lab/Co-op)
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Q 129 Following on from Mr Philp’s interest in SMEs, presumably the situation facing SME house builders is even worse in a London context than it is nationally. Therefore, would you go into a little more detail about some of the other challenges faced by SME house builders, particularly those wanting to operate in London? With imagination—imaginative drafting, in particular—some of the issues that you have touched on, perhaps regarding access to finance and the skills shortage, might be able to be included in the scope of the Bill through possible amendments.

Brian Berry: As I said, access to finance remains a serious issue, so a help-to-build measure would be very useful in underpinning loans to SMEs. The availability of small sites has been a problem, because local plans have tended to allocate larger parcels, but our members need smaller parcels. The brownfield register of small sites—five units—is a step in the right direction.

The skills thing is actually a much bigger debate about challenging the perception of vocational training and about the university route not always being the best for every child when they could be learning a trade. We have a role within the industry to demonstrate and improve the image of construction, because this serious problem will only get worse.

The other thing is about making better use of existing buildings, 85% of which will still be in use in 2050. The changes to permitted development to bring more residential back into city centres are positive, particularly in creating sustainable communities. That mix of people living and working, for which there is provision in the Bill, creates dynamic cities. There is a lot in the Bill that is positive, but the finance side would be particularly helpful.

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Teresa Pearce Portrait Teresa Pearce
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Q 156 On that point, if the clause goes through, do you think it will put additional pressure on local authority housing departments by people appearing evicted without due process?

Campbell Robb: There is a danger that without that due process, certain types of landlords may use this to create evictions. That might happen, yes.

Chris Philp Portrait Chris Philp
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Q 157 You touched earlier on the question of affordability. Without going again through the comments you made then, do you agree that generally speaking, the best way to address any concerns about affordability is to increase supply and that, if we do increase supply as the Bill aims to, both rents and prices have a chance to just cool down a bit?

Jon Sparkes: I agree, inasmuch as it is about supply of the right kind of houses at the right kind of prices and the right kind of tenures. Simply building houses and diluting the supply of social housing will increase homelessness. So I agree, but it has to be the right kind of supply.

Campbell Robb: I would agree with that.

Chris Philp Portrait Chris Philp
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Q 158 In the interests of time, I will move on to my second question. In your briefing note, particularly in sections 8 and 6, you draw attention to the disadvantages of renting—for example, you point out that getting kicked out of a private rented house accounts for 29% of homelessness, and you note that 30% of private rented houses do not meet the decent homes standard. Would you therefore agree that—provided people can afford them, of course—moving people away from rented accommodation into homes that they own themselves is a fundamentally good objective?

Jon Sparkes: We are not against the aspiration of home ownership, but we are against taking the aspiration away from those people who cannot own their own home. Renting has to be available. Just because there are flaws in renting does not mean that renting cannot be available, particularly where it is at the right price and the right standard. That is why we are supportive of the clauses around the conduct of landlords and letting agents in the private rented sector.

Campbell Robb: I would agree, and I would add that that needs to be mixed. Social rented has proved a real stepping stone to home ownership for many people in this country, because the low rents have allowed them to save and gather deposits. At the moment in many places—not everywhere, I agree—high rents mean that very few people whom we speak to can afford to save anything towards a deposit. It is in that balance of what you build and where—exactly as Jon said earlier.

Chris Philp Portrait Chris Philp
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Q 159 That brings me on neatly to my final question. One proposal in the Bill is for social housing tenants, once they reach a certain level of salary at the end of the taper, to move to market rents. That will presumably encourage some people on higher earnings, who had moved into social rented but have progressed in their career, to move out of social rented and into some other tenure, creating space for exactly the kind of vulnerable people you are describing. I presume that therefore you would welcome that clause in the Bill.

Jon Sparkes: The principle that social tenants who can afford to do so should pay more is something that we are not against. There is a detail in there, which is about the onus of evidence. If someone is unable to provide evidence of their income we do not believe that they should be put on to a market rent by default. That will impact on vulnerable people, but the principle of paying more if you can pay more is not something we have a problem with.

Campbell Robb: I agree with that—we are not against the principle of it.

Gareth Thomas Portrait Mr Thomas
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Q 160 Given the anticipated rise in population in London over the next decade, do you think this Bill will help us to tackle the housing crisis, or do you think the housing crisis in London will get worse?

Campbell Robb: Some of the policies, as we discussed earlier on, may not have as much impact in London as they will have in other parts of the country, as has been pointed out. Some of the sell-off of high-value council homes, in London in particular, will have a bigger impact in London to pay for the right to buy. Overall, I suspect that London will struggle without further measures to tackle the housing crisis.