National Planning Policy Framework

Clive Betts Excerpts

Thursday 20th October 2011 Commons Chamber

[Greg Clark]

I want to make some progress, as I want Members to able to contribute to the debate. Let me deal with a couple of important issues that have been raised about the definition of sustainability.

[Mr Clive Betts (Sheffield South East) (Lab)]

rose—

[Greg Clark]

I will give way to the Chairman of the Select Committee.

[Mr Betts]

Let me ask the Minister about the issue of 20%, as it is important to the context of building on land where that building will have the least environmental damage. If there is an extra 20%, will local authorities be able to prioritise which sites should be developed first within the 120% requirement? If not, it will be open to developers to cherry pick which sites they build on and it will be the land associated with the least environmental damage that will be left behind, as they will be the hardest sites to build on, while the greenfield sites will be built on first.

[Greg Clark]

The hon. Gentleman makes an excellent point; it is exactly the intention that councils should be able to prioritise and to bring forward the lowest environmentally valuable sites first. I am grateful to the hon. Gentleman for making that point.

--- Later in debate ---

[Mr Clive Betts (Sheffield South East) (Lab)]

The Communities and Local Government Committee, which I chair, is in the middle of an inquiry on the national planning policy framework, so, like the Minister, I do not want to come to conclusions today, as it is important to hear all the evidence before reaching any decisions. I thank the Minister for advising the Committee at an early stage of his intention to bring in a new NPPF and for asking us whether we wanted to be involved in the consultation process by conducting an inquiry. We have indicated that we will reach our conclusions before the Christmas recess as part of the consultation. I also want to welcome my right hon. Friend the Member for Leeds Central (Hilary Benn) to his new post and thank him for raising a number of important points in his contribution, many of which have been raised with the Committee and which we want to address.

I am sure that the objectives that the Government are trying to achieve—building more homes and providing more jobs—are shared across the House. I certainly have a long-standing interest in trying to increase the number of homes being built in this country. It is a prime need and something that all Members should be interested in. The real issue, of course, is where that building and development will take place. That, in essence, is what the planning system is all about.

In looking at the Government’s proposals, there are a number of questions we want to ask first. Is the planning system really responsible for the lack of house building and growth in this country? Is there evidence for that? Those are the questions we should address first. If there are problems with the planning system, is it a problem of the policy and guidance, or one of process? Is the process of getting local plans agreed too lengthy? Those are the sorts of issues that the Committee wants to look at, but the fundamental question is this: is there clear evidence that planning is holding back house building and growth, or are other factors more important?

The Committee has certainly heard much conflicting evidence. We had the National Trust and the Home Builders Federation sitting before us giving evidence together, so it was apparent that there are slightly different views about the wisdom of the Government’s proposals. We all welcome the fact that the Minister is listening, and hopefully he will listen to the Committee’s recommendations when they are made. If he is minded in the end to make some significant changes to his proposals, will he consider a further round of consultation? If we are really to get this right, is it not important that we have the maximum amount of dialogue, because there is a common interest in trying to ensure that the matter is taken forward in the right way.

I welcome what the Minister said about transitional arrangements. We have heard much evidence suggesting that we cannot simply press a button and change from one system to another without an awful lot of problems being created. Indeed, there is legal evidence suggesting that, because no local plan will be in place that has had a chance to take account of a new framework once agreed, on day one all local plans will effectively be out of date and inconsistent with the national guidance. Clearly, therefore, there must be a transition to allow change to take place. The history of changes in planning policy and legislation reveals that any change at all, and even the proposal of change, creates uncertainty and tends to cause delay, increase the number of appeals and involve the lawyers to a greater extent. We ought to look at how we can minimise those impacts and get to the best position.

A number of specific concerns have been raised with the Committee which we will want to look at. First, is all the guidance that is being scrapped really useless? Has any planning authority really said, “This is irrelevant and we have no need for it?” Is there a danger that once it is all removed at national level councils will start to look at the local level and incorporate more and more in their local plans, because if their local plan is silent on something they will worry that they will get development that they do not want? That is a concern that we must reflect on. Will simply stripping out everything and pretending that it does not matter really be of benefit?

What is the precise link between the national guidance, local plans and neighbourhood plans, which are very new and untested? The framework refers a great deal to the importance of local plans, but it does not say that any application that is approved has to be consistent with the local plan. That is stated in national legislation, so there is a relationship, but is it absolutely clear, because national legislation apparently has primacy over the guidance? That relationship has to be worked through. Having listened to Government Members, I think there is clearly an issue to be worked through about the national requirements for more homes, on climate change and regional requirements on waste disposal, and on Traveller sites and how they relate to local aspirations at local planning level where there may be differences. If all the local plans and the plans for housing in them do not add up to the requirements that we need at national level to build sufficient homes, where does that leave us? There are clearly concerns that go beyond one local authority boundary. The duty to co-operate is in place and the Minister has taken steps to strengthen it, but is it sufficient to ensure that we can deliver on those wider issues? There are some carrots, but are there any sticks? Can any penalties be imposed on local authorities that do not co-operate, and what does not co-operating actually amount to? Those are also concerns.

Concerns have been raised with the Committee about sustainable development. Should there be a national definition, which is much clearer and, perhaps, written down in legislation or in the framework? Should it be included? If it is, the point that my right hon. Friend the Member for Greenwich and Woolwich (Mr Raynsford) made will be important. Will the definition be applied consistently at a local level, or will there be differences in an application and in how we apply the definition in a northern industrial town with lots of dereliction, as opposed to in a leafy suburb in the south or, indeed, in a national park? There is not much special reference in the framework to the differences that might be applicable and relevant in different areas, so we want to address those matters in particular, and it is important that we do so.

People have made the point to the Committee that the framework came out of proposals for growth. There are three legs—economic, social and environmental—to the stool of sustainable development, but has the economic leg become a little longer than the other two, and is the stool becoming a little unbalanced? Is too much emphasis being given to economic factors, which in any decision might override environmental and social factors?

[Duncan Hames]

I am finding the hon. Gentleman’s speech very informative, as indeed was his pertinent intervention during the opening speech. Does he share my concern that the question of whether an application qualifies for the presumption of sustainable development might end up being decided by the courts and through case law, rather than by local, democratically accountable councillors?

[Mr Betts]

That is absolutely right. No one here wants lawyers involved in making decisions that should properly be made in this Parliament, and that is why we have to get the policy absolutely right and look at the definitions. Indeed, there is a range of definitions in the framework, some of which are untested and we want to be clear about.

In the Select Committee the other day, we took evidence on the issue of “significant and demonstrable”. What does it mean? When we pushed a practitioner who was on the group that made the initial recommendations to Ministers, asking him, “What does significant mean?” he said, “Well, of course, if it wasn’t significant, it wouldn’t matter.” That is an issue, because the adverse consequences of a development might outweigh the benefits, but if they do not outweigh them in a significant and demonstrable way, the application will still have to be accepted. We have to probe some of the definitions.

I welcome the Minister’s comments on brownfield development and on taking another look at it. I understand some of the concerns of Government Members about building in gardens, but we should not allow those concerns to enable the removal of brownfield development. The Minister is looking again at that issue and, in particular, at how it relates to the additional 20% of houses and the contingency that will have to be planned for. That is very welcome, indeed.

We have to look at the “town centre first” issue. Why have offices been removed from it? They are an important part of a sustainable “town centre first” strategy, so will the Minister make it clear that, if an application fails a sequential test, it will be deemed unsustainable? How does the sequential test relate to that issue?

The Minister has not mentioned the needs test, which it was Conservative policy in opposition to reinstate. I opposed the previous Labour Government’s removal of it, so will he look at that issue, too?

The Select Committee has a lot of issues to look at. We will try to do so in an evidence-based way, which is how we try to operate; we will try to identify the real concerns; and, where we think that there are genuine concerns, we will try to go to the Minister with some clear proposals on how the document might be amended with benefit.