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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My hon. Friend anticipates the detail of the national policy planning framework, but at this stage all I would say on sustainable development is that the Government have no issue or disagreement with the classic definitions of it. The Brundtland definition, that development undertaken by this generation should not compromise the ability of future generations to live their lives, has stood the test of time and is very clear. Although I am foreshadowing the content of the framework, I want to give a clear signal to my hon. Friend and to all hon. Members that we intend to follow that approach.

Joan Walley Portrait Joan Walley (Stoke-on-Trent North) (Lab)
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This is a little like having the winding-up speeches before the debate has started, but, in anticipation that there might not be much time to set out the arguments for sustainable development, may I ask the Minister, given what he has said, whether he agrees that there is no substitute for writing sustainable development into legislation? Here we are, yet we do not have the details of the statement that will come out next week or later, so how can we ensure that sustainable development is written into the legislation? Is not that the most important aspect of this exercise?

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Greg Clark Portrait Greg Clark
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I will resist the temptation to stray from the proposed changes before us. There are amendments that deal in particular with sustainable development, but I say in passing that the opportunity for communities to have and to promote places of worship is a reflection of their sense of community, and we would be wholly in opposition to the direction of the Bill if we had any intention of restricting that—quite the reverse. I do not think that my hon. Friend has any cause for concern.

The previous Government promoted the five principles of sustainable development—living within environmental means, ensuring a strong, healthy and just society, achieving a sustainable economy, promoting good governance and using sound science responsibly—in the sustainable strategy. I have no difficulty with that, and without going into too much detail I would expect those principles to be reflected in planning policy, where they always have been. That has been the place for them.

The challenge from new clause 2—to require sustainable development to be put forward after a period—also carries an important virtue. The national planning policy framework will be subject to consultation, and it is quite right that we should give people the chance to see our definition—I have given a pretty broad steer as to what it will be—and to comment on it, rather than simply capturing something in the Bill now. I would be perfectly relaxed about doing so, but we should give people the chance to reflect on and to add to the definition.

Joan Walley Portrait Joan Walley
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I hear what the Minister says, but would it not have been more appropriate if we had had that public debate alongside a White Paper, when sustainable development could have been looked at across the range of planning policy, not just as part of the framework to be published shortly? We could have looked at that first, but instead we are considering things in the dark.

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.

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Greg Clark Portrait Greg Clark
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I was going to come on to my hon. Friend’s amendments, but since he raises the matter I will turn to them now. I will have to disappoint him. Neighbourhood plans are conceived as being about issues that just affect neighbourhoods. Although mineral extraction has consequences for particular neighbourhoods, it is clearly larger than a local matter. It has consequences for the wider authority and, in many cases, for national Government. It is not right to expect neighbourhood plans to govern mineral extraction, which goes beyond their scope.

Joan Walley Portrait Joan Walley
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The issue of open-cast coal mining is critical, particularly in former coal mining areas. If there is going to be a presumption in favour of mineral extraction instead of that being balanced with environmental considerations, that suggests that there will be no commitment whatever to sustainable development at the heart of planning policy. If people cannot prevent open-cast coal mining, or have their view of it taken on board, that will send out a strong message to them that they will not have any say in future developments in their locality.

Greg Clark Portrait Greg Clark
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No, the hon. Lady has got it wrong. We are talking about neighbourhood planning, but of course a whole panoply of other planning policy applies. There is absolutely no intention to remove the test of sustainability for mineral extraction or any other proposal, and that will be a matter for national policy. I do not underestimate in any way the importance of open-cast mining for the communities in which it takes place, but neighbourhood plans are not the mechanism to control it. I hope most hon. Members will see that.

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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.

Joan Walley Portrait Joan Walley
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I will be brief, because there were many references to sustainable development not only in the Minister’s introductory comments, but in the speech that the hon. Member for Mid Dorset and North Poole (Annette Brooke) made.

The Minister made what was effectively a winding-up speech at the outset, and I rather suspect that the whole debate about sustainable development will be discussed further in the other place, so I want to send the most powerful message that I can, stating that when that debate takes place we should not just be satisfied with legislation that relates to guidance or with a new framework policy document that might come out in the near future; we should make sure that Parliament defines sustainable development and sets it out clearly in relation to this Bill, in this Bill.

My amendment is supported not only by my hon. Friend the Member for Sheffield South East (Mr Betts), who chairs the Communities and Local Government Committee, but by Friends of the Earth, the Campaign to Protect Rural England, the Royal Society for the Protection of Birds, the Town and Country Planning Association, the Wildlife and Countryside League, the Woodland Trust, WWF UK and many more.

I simply say this by way of a message to the other place. The previous Parliament proposed that the Procedure Committee should allow the recommendations of Select Committees, when there has been a unanimous decision and report, to become material considerations as legislation goes through this place. Were that the case now, I have no doubt that it would have brought forward an opportunity to consider precisely what the Environmental Audit Committee’s short, sharp inquiry, which is tagged with today’s business, recommended—namely, that there should be a definition of sustainable development to allow for future progress, and that the Localism Bill should include a statutory duty to apply the principles of sustainability to the planning system and other functions of local government, and set out that definition.

We have not got that far with our modernisation of parliamentary procedure, but in the interim I genuinely hope that those valid concerns will be taken into account, so that we have not a whitewash but a means of balancing what many Opposition Members think, and my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) said, are now going to be financial considerations, giving developers free rein to do what they like, with the real principles of sustainable development.

Simon Hughes Portrait Simon Hughes
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I will be literally a minute, because many colleagues wish to speak. This is not quite the way I would have chosen to spend my birthday evening, but there we go.

I want to ensure that the Minister has not ignored my amendments 371, 372 and 370. The first two would require planning authorities to be more effective in their consultation on a planning application, and I suggest that within a quarter of a mile radius of the application site is a much more precise definition than just “the vicinity”.

I welcome the abolition of the Infrastructure Planning Commission, and the fact that the arrangements will be taken back into a democratically accountable planning system. In the case of a big scheme such as the one that we may have coming down the track in Southwark for the great Thames sewerage main, I hope that we can still allow local authorities the ability to make the planning decision where there is a large structure in a borough on a particular site that is a unique part of the development. Of course there must be a bigger authority taking a strategic national decision, but where there is a local site of significance, the local authority should have a supplementary power to make that decision too. I hope that at some stage I will get positive noises from the Minister and that we might get appropriate changes at the other end of the building.