Localism Bill Debate

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Tuesday 17th May 2011

(12 years, 11 months ago)

Commons Chamber
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Greg Clark Portrait Greg Clark
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We are not quite in the dark. I hope that I have illuminated some of the dark, given what I have been able to say about the proposed contents of that White Paper. At the time of the Budget, I said that we would try to bring forward the definition a little earlier than the rest of the document, because I know that there is an interest in it. That will at least allow the other place to have the benefit of that thinking. If a greater token of good faith than my words at this Dispatch Box is required, it will appear quite shortly.

I think hon. Members will be satisfied with our approach. I have long regarded the matter as a personal interest, having shadowed the energy and climate change brief in opposition, and there is nothing in our approach that does anything other than enhance matters. By clarifying, and taking away much of the undergrowth around, planning policy, it will make more resonant the principles that the hon. Lady, the hon. Member for Birmingham, Erdington and my Liberal Democrat hon. Friends so rightly want to promote.

Neighbourhood planning is another important addition to the Bill. I freely accept that the initial version of our clauses on this could have been improved, and I made commitments in Committee that we would reflect on improvements that could be made. The hon. Gentleman was particularly exercised, and indeed lyrical, about the opportunities to improve some of these provisions. He was dismayed that a neighbourhood forum in which these issues could be discussed was liable to take place in the saloon bar of the Dog and Duck, thinking that too intimate a space for such a gathering and suggesting that it should be larger. We have reflected on the size of public houses across the country, and we think we need to enable more people to attend the forums.

There is no Dog and Duck in Birmingham, as far as I was able to establish, which is a great disappointment. There was a Dog and Duck in Holloway Head, which is perhaps an area of the city that he knows, but sadly it was demolished some time after 1899. I have brought in this very appealing photograph of the pub, which I will give to the hon. Gentleman so that next time he is in his city he can research its antecedence. I have to say that it does not look the most salubrious of establishments, but then I do not know what his taste is in public houses, and he might regret its disappearance. He may also be dismayed to hear that another public house demolished in Birmingham in recent years was the House That Jack Built. I am sure that that is a source of regret to everyone in Birmingham, but perhaps it is an opportunity for him.

Greg Mulholland Portrait Greg Mulholland (Leeds North West) (LD)
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While my right hon. Friend’s comments are amusing, does he understand the frustration of many of us, including members of the all-party save the pub group, that even after this Bill has been passed, it will remain perfectly possible for people to demolish free-standing pubs without the community having any right to have a say?

Greg Clark Portrait Greg Clark
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I understand my hon. Friend’s point. I will say a few words about that in moment, and I hope to give him some comfort. He is absolutely right that one of the types of building that communities value most, whether in towns or villages, is their local pub. The frustration they feel in seeing some of these buildings demolished without the opportunity to do anything about it is a source of great concern. The Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), who snaffled very sharpish the title of “Pubs Minister” when the portfolios were being handed out just after the general election, takes a particular interest in this and has been meeting representatives of the Campaign for Real Ale, as has my hon. Friend the Member for Leeds North West (Greg Mulholland) and his group.

For Members of the House who were not in Committee, I should explain that we asked a series of questions about neighbourhood planning. First, is it right for neighbourhoods below the local authority level to be able to promote a vision of their future? We agreed that it was. This is easily available to areas that have parish councils or town councils: a standing democratic body is available, so it is easy to give it such powers. The next question is whether areas that do not have parish councils or town councils should be excluded from the ability to have a neighbourhood plan. There is an argument that they can apply for parish status, so we can provide a little bait to attract them towards doing that. Those on both Front Benches reflected on this and agreed that if some parts of the country decided that they did not want a standing parish council or town council but nevertheless wanted a neighbourhood plan, they should not be denied that.

How can we bring together people in those places in an acceptable way to discuss these matters? In the Bill, that question turns on neighbourhood forums. We agreed to increase, through amendments, the minimum number of members of a neighbourhood forum from three—the number at which it was rather unfeasibly set—to 21. Landlords across the country can now count on at least 21 customers being in their snug to discuss neighbourhood plans rather than the minimum of three. The hon. Member for Birmingham, Erdington argued strongly that we should increase the number. We have gone a little beyond the number that he suggested, and that is absolutely right. Government amendment 160 makes that clear.

Amendment 160 also makes it clear that businesses should be involved. Clearly, any conception of a neighbourhood—certainly one that includes a high street—must reflect the fact that sometimes the people who have the interests of the community most at heart and who most epitomise the community are those who run businesses, because they are at the heart of the community. The fact that someone runs a business in a town but lives elsewhere should not preclude them from participating in the neighbourhood forum. We are happy to reflect that point, which again was urged by the hon. Gentleman, in Government amendments.

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Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
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I rise to speak to my amendments 11 and 12, which are to do with the right to be heard and equalities. It is very important that individuals and groups have the right to be heard in neighbourhood planning. I am grateful for the Minister’s comments. I think he was saying that there would be a presumption in favour of this, but I would be keen to see what criteria people will be using to guard against that happening for a mischievous purpose, or whatever. If the Minister is saying that there is a presumption in favour of oral representation where people want to take that option, that is very important.

On equalities, it is important, under the Equalities Act 2010, to demonstrate that certain people are under-represented in the decision-making process. In 2010, the Equality and Human Rights Commission published its first triennial review “How fair is Britain?”, which identified the decline in opportunities for individuals to contribute to decisions that affect their lives as a major risk factor in moving towards a fairer society. I think the Minister said that there is no need for concern about this but that he will consider it further and ensure that equalities legislation is operable in these terms. If that is the case, I welcome it.

Greg Mulholland Portrait Greg Mulholland
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I will try to keep my comments brief; realistically, with four minutes to go, I probably cannot keep them any briefer. I know the age of my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes), but I will not reveal it at this stage and just wish him a happy birthday.

I support a levelling of the planning process either by a third-party right of appeal or by the abolition of a developer’s right of appeal. Had the amendment in the name of my right hon. Friend been one that would work, I would certainly have supported it. I have just been involved in a planning process in Adel in Leeds, where we had an absolutely farcical situation in which David Wilson Homes, the developer, withdrew its scheme halfway through an appeal, but the system still allowed it to reapply for outline planning permission, which it then got. That was an absolute farce—an entirely shoddy, underhand and anti-localist way of doing things. I want to bring that to Ministers’ attention.

On pubs, there has been a lot of talk about the Duck and Drake—the many Duck and Drakes in the country. There is no finer place to hold a neighbourhood forum than in a pub. However, in terms of what this Bill does to strengthen communities’ hands in protecting pubs, the most appropriate pub name would probably be the Hot Air Balloon. As I have said to Ministers before, I am afraid that there is very little in the Bill, as it stands, to give communities a greater say. At the moment, although there have been changes, it remains perfectly legal to demolish a free-standing pub without planning permission. The Bill does nothing to change the fact that a pub can become a restaurant, a café, a betting shop or a payday loans shop without communities having any say whatsoever. If the Bill is to do anything to strengthen the hands of local communities, there are simple ways of doing that that do not prevent pubs from being developed when they are genuinely unviable.

On behalf of the all-party save the pub group, I have put this question to the Under-Secretary of State for Communities and Local Government, the hon. Member for Bromley and Chislehurst (Robert Neill), who is the community pubs Minister, but I have not had an answer: do the Government, who claim to be a pro-pub Government, think it is right that profitable pubs that are wanted by their communities are being closed every single day? If the Government do not believe that that is right—I do not believe that any hon. Member in this House believes that it is—they must do something about it. I regret to say that at this stage, there is nothing in the Localism Bill that does that. I know that we will carry on this discussion, and I look forward to doing that and taking up the Minister’s offer of a meeting. However, at the moment, it is simply not good enough. If he, the ministerial team and the Government believe in pubs and in genuine localism, they must do more in this Bill. Otherwise, it will be a real opportunity wasted.