Localism Bill Debate

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David Lammy

Main Page: David Lammy (Labour - Tottenham)
Tuesday 17th May 2011

(12 years, 11 months ago)

Commons Chamber
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Greg Clark Portrait Greg Clark
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I understand the right hon. Lady’s point. This is something that is reflected across the country. One aspect of neighbourhood planning will look at the character of high streets, in particular, to ensure a proper diversity of uses.

David Lammy Portrait Mr David Lammy
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(Tottenham) (Lab): Will the Minister give way?

Greg Clark Portrait Greg Clark
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I will not give way, because I want to conclude my remarks. We have only 50 minutes left, and a lot of Members wish to speak.

I hope that I have been able to cover the great majority of the new clauses and amendments in this group. I know that the Opposition Front-Bench spokesman will want to have his say, as well as Back Benchers. These measures represent a significant development in our planning procedures. They will correct some long-standing flaws, which have resulted in people not having an opportunity to have their say in plan making from the beginning. They will give neighbourhoods the opportunity to have their vision of the community promoted as part of the local development plan. I will conclude my remarks now, and I look forward to the rest of the debate.

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Annette Brooke Portrait Annette Brooke
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I shall be very brief. I share concerns about Government new clause 15 even after the Minister’s assurances. If bringing financial considerations into the Bill is not going to make any difference, why include the measure? I am afraid that I have not got my head around that and I am very concerned that we do not have time to discuss this in depth and understand the impact of the change.

New clause 2, which is tabled in my name and those of my hon. Friends, was inspired by a report of the Environmental Audit Committee and we have tried to pick up on its main points. I sincerely believe that we need a definition of sustainable development in the context of the Bill and I share some of the concerns about how we can get the right balance between the pursuit of economic growth and making sure that economic growth is sustainable. Wherever that definition falls, it has to be in such a form that it can be developed downwards and interpreted by local communities, but also, in a sense, developed upwards within the national planning policy framework. That is quite a challenge. I am pleased that the Minister is prepared to accept what is in the new clause, but I hope that, as he is reflecting, he will also take on board some of the points that were made within the context of new clause 6.

On new clause 4, I welcome the Minister’s comments about strengthening the basis of local plans. Throughout my time as chairman of planning it was very frustrating when there were attempts to override the local plan and one felt that one had to give in under the threat of costs. At the back of my mind, I still think that there ought to be a community right of appeal as a backstop, perhaps on much more limited terms than in the new clause. Obviously, there is still time to reflect on that.

I remain concerned about the wording of Government amendment 160 and I hope that will be looked at.

David Lammy Portrait Mr Lammy
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Given what the Minister has said, I rise to speak to my new clauses 30 and 31. It cannot be right that there are nine betting shops on one stretch of high street in Green Lanes or that there are 10 betting shops within 300 metres of Ealing Broadway station. It cannot be right that there are 60 gambling establishments within just 300 metres of the pagoda in Chinatown. The gambling industry and bookmakers in particular are flouting the gambling rules; they are opening up right across London and it is unacceptable. That is not to say that we want to condemn gambling—I like to gamble—but it is to say that when it comes to diversity on the high street, local communities and local authorities should have the planning powers to say, “Enough is enough,” “No, thank you,” and “No more.” That is why I think, and I am supported by London councils on this, that betting shops should be in a sui generis class of their own in the same way as casinos and amusement arcades.

I shall force new clause 31 to a vote because I am not satisfied that the Minister is not just kicking this issue into the long grass. There has been a campaign by London Citizens and there is a continuing campaign by faith communities on the issue. Right across London, people are sick to death of seeing one betting shop after another.

It is a great shame that the old Hackney town hall has been turned into a Coral bookmakers. It is unacceptable that countless pubs across the country are being turned into bookmakers. That is the case for every single class use—A2, which is meant to be for building societies and banks, drinking establishments under A4, as has been mentioned, take-aways under A5, and restaurants and cafes under A3. That is why we need action, and why I had hoped the Minister would say that he accepted the amendment, as leaders of councils across London have requested. It is unacceptable to kick the matter into the long grass. I urge the Minister to think again.

Simon Kirby Portrait Simon Kirby (Brighton, Kemptown) (Con)
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I shall speak briefly to new clause 5, which stands in my name. The new clause is designed to allow the Secretary of State to change, by order, any piece of planning legislation that is causing any planning authority problems in carrying out its statutory duties or where a particular piece of planning legislation is causing local public controversy. I appreciate that this is an extensive power for the Secretary of State, but I also propose, as part of the same amendment, a strong safeguard in that a variation in the law may be made only if it has been subject to a positive resolution of both Houses of Parliament.

The need for such a power is evidenced by an issue in my constituency. Brighton Marina was built in the 1970s following the lengthy passage of the Brighton Marina Act 1968. The marina is located in an undercliff location on land that was reclaimed from the sea. From the coast road anyone looking at the marina can gaze downwards to see the boats, shops, restaurants, businesses and low-rise accommodation located there. For many years the 1968 Act has been taken to mean that any development above cliff height would be only for ancillary works, such as lamp posts and fencing.

However, in recent years, that has been challenged by proposals for housing development that would rise well above the cliff height. One such scheme was agreed by Brighton and Hove city council but not acted on, and one was turned down by the council. That refusal was sustained last year by my right hon. Friend on appeal, for which I am grateful. Both these developments were highly controversial and there was a clear difference of opinion between residents and the planning authority as to the intention of the 1968 Act. If my amendment to the Bill had been in place, that difference of opinion would not have occurred, because the legislation would have been crystal clear. Instead, we have had years of wrangling and uncertainty and still have no clear view of the meaning of the 1968 Act even now.

The thrust of the coalition Government’s policy is to simplify, eliminate and clarify the rules, regulations and legislation faced daily by the public and businesses. My new clause would add significantly to the practical implementation of that policy, and I commend it to the House.

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Philip Davies Portrait Philip Davies
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I am surprised at the lack of faith that the right hon. Members for Lewisham, Deptford (Joan Ruddock) and for Tottenham (Mr Lammy) have in their own constituents, because betting shops of course go where there is a demand for them. If there was no demand for them on the high streets in Lewisham and Tottenham, presumably some of them would close down.

David Lammy Portrait Mr Lammy
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Will the hon. Gentleman give way?

Philip Davies Portrait Philip Davies
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No, because I do not have enough time.

The fact that these betting shops have not closed down indicates that the right hon. Member’s constituents want to use them, which makes them viable. I commend the right hon. Gentleman in particular for leading with his chin on this issue, because of course it was the Gambling Act 2005 that removed the unstipulated demand test. He was not only a member of the Government at the time, but in the Department for Culture, Media and Sport, which introduced the Act which he now finds so offensive. I hope that the Minister will resist the siren voices from the Opposition Benches calling on him to do something about the general principle of supply and demand, which I hope he, as a staunch supporter of the free market, will stick to.

I want to touch on new clause 7, which I have tabled, which relates to casinos. It would give all 600 local authorities fairly and equally the power to decide whether to allow the licensing of casino premises in their areas. The location of casinos was determined by legislation back in 1972, which identified 53 permitted areas on the basis of population data as it stood at the time and added a number of seaside towns. That information is now woefully outdated and denies many local authorities access to investment and jobs and unfairly constrains and confines legitimate and licensed businesses. Despite the emergence of new towns and new centres of population, there have been no changes at all to those permitted areas in almost 40 years. A casino licensed in an existing permitted area can move premises only within the same permitted area in which it was licensed; it may not even transfer to another permitted area, even if a local authority wants it. Those anachronistic and ridiculous constraints have enabled casinos, ironically given our previous discussion, to be crowded into outdated permitted areas. Through my new clause I do not seek to allow any more casinos in this country, even though I probably would not object to that in principle; the same limit would apply to casinos throughout the country. All my new clause would mean was that casinos were able to apply to be outside the existing 53 permitted areas, if local authorities wanted them. We would be giving every local authority the chance to have a casino in their area, if they want it, rather than sticking to outdated rules from more than 40 years ago.