English Devolution and Community Empowerment Bill

Lewis Atkinson Excerpts

Monday 27th April 2026 Commons Chamber

[Ben Maguire (North Cornwall) (LD)]

I will keep my contribution brief and speak once again on Lords amendments 98 and 98A, to allow other hon. Members to speak. Along with many of my constituents, I was very disappointed last Tuesday that the Minister failed to mention Cornwall once in her closing speech, despite my pointing out the dangerous powers that the Government are still trying to instil into law—powers that could be used by this Government or a future Government, which could force Cornwall to merge with another authority without the consent of the Cornish people. Cornwall still faces the prospect of having no legal protections in the Bill. Liberal Democrats have made efforts here and in the other place to secure protections that would take our national minority status into account under the European Framework convention for the protection of national minorities.

I fear that my constituents are being held to ransom by this Government, who say, “Accept our terms, effectively give up your national minority status, be forced into a merger with another region, and we might give you more money—and if you don’t accept our terms, we have the powers to force you to do so in two years’ time anyway.” In my eyes, that amounts to nothing more than economic coercion against a national minority. The Minister keeps repeating, as she did last week, that the Government have already committed not to use these powers for two years. How does that provide comfort for my constituents? Either a future Government or this one could use that power after two years.

I therefore hope that all my Cornish colleagues and Members from across the House will join me this time to vote against the Government’s latest attempt at blocking Lords amendment 98. Let us please not hand this Government or future Governments this unlawful power to combine authorities against the will of local people—our constituents. To the Minister, I say again that she has not considered Cornwall’s national minority status, contrary to the European framework convention, and so she will likely expect a legal challenge if the Bill becomes law.

[Lewis Atkinson (Sunderland Central) (Lab)]

I would like to speak to Lords amendment 94B and 94C on the agent of change principle. My particular concern, as I said last week, relates to grassroots music venues and the impact on them of the current lack of robust application of the agent of change principle through planning guidance.

To set a little context, there were 1,150 grassroots music venues a few years ago. The Music Venue Trust now believes that has fallen to 800 venues. Grassroots music venues are important, and not just to local cultural identity—Sunderland is a music city, as we all know. Those venues are core to the UK music industry, which is worth £5.2 billion a year in this country, and grassroots music venues are the research and development department of that industry.

It is tempting to assume that a lot of money is sloshing around because of the success of some of our international acts, but that is absolutely not the case for grassroots music venues trying to keep the show on the road, as it were, on our high streets. That is why 350 have closed in recent years. Of the 366 small venues that Ed Sheeran played in when learning his trade, more than 150 are now closed. Of the 34 venues that Oasis played in before being signed, only 11 remain. If we do not work to ensure that the agent of change principle is properly applied, which Lords Amendment 94 sought to do, we risk further catastrophic loss of venues. The closures are due not just to economic factors on the high street, which people have discussed; the Music Venue Trust conservatively estimates that since 2015 over 125 grassroots music venue closures have been due specifically to planning issues.

[Ms Billington]

The specific issue of licensing is important. Small venues in my constituency are vital for our visitor economy and in being part of the pipeline for developing enormous amounts of talent. It is worth pointing out that the UK representative at the Eurovision song contest comes from Ramsgate. If it were not for strong music venues such as Ramsgate Music Hall, as well as Faith in Strangers, Where Else? and Olby’s in Margate, the likes of “Look Mum No Computer”—our entry in the Eurovision song contest—might have had no prospect of being able to develop.

[Lewis Atkinson]

I fondly remember the vibrant cultural scene during my time in Broadstairs. Too many grassroots music venues risk facing their own “Waterloo” at the moment.

[Perran Moon]

I cannot let this moment pass, particularly following the intervention from my hon. Friend the Member for East Thanet (Ms Billington), without raising the son of Redruth—one Mick Fleetwood, of Fleetwood Mac. I highlight the importance of the cultural diversity in Cornwall, including my home town of Redruth. Does my hon. Friend agree that it is vital that we celebrate these great musicians?

[Lewis Atkinson]

Absolutely. Too many music venues risk becoming old news by being forced to shut, even if they are where the likes of Fleetwood Mac learned their trade. I totally agree with my hon. Friend.

The Government recently made a welcome commitment to set out a new high street strategy. The high street is, of course, changing due to changing retail habits, including online shopping. Cultural venues such as music venues are absolutely core to the regeneration and future of the high street, which means that the sort of protections envisaged in Lords amendments 94B and 94C become even more crucial.

[Alex Sobel]

Does my hon. Friend agree that there are particular issues for councillors on the planning committees of local authorities? The amendments would bring a clarity that would make it much easier for planning committees to operate and give music venues and nightclubs the reassurance that they need.

[Lewis Atkinson]

My hon. Friend makes an excellent point. I will come on to say a little about the national planning policy framework at the moment. When my hon. Friend spoke, he made a good point about local plans. Part of the issue at the moment is that local councils have very different approaches. I wonder whether there is scope for the Government to ensure, or certainly encourage, local authorities to explicitly reference and identify grassroots music venues in their local plans so that when such planning applications are put in, there is explicit recognition of those venues.

It is not just the risk of actual closure that the lack of “agent of change” envisages; there is also the ongoing uncertainty. The Night & Day Café in Manchester spent three days fighting noise abatement proceedings from a nearby development, which put stress and risk on that establishment over time. My hon. Friend the Member for Manchester Withington (Jeff Smith) is not in his place today, but he intervened last week in the debate, referencing venues like that one.

I welcome the Minister’s acknowledgment from the Dispatch Box that the current planning framework is not operating as initially envisaged. I think the “agent of change” principle was first put into the national planning policy framework in 2018, following a private Member’s Bill secured by the now Lord Spellar—MP for Warley at the time. That guidance has not been sufficiently implemented; the Music Venue Trust reports that there has not been a meaningful reduction in the number of planning applications that risk threatening music venues. There is an issue about enforcement. Will the Minister say a little about the work that the Government are doing to increase the resources and the ability of local authorities to enforce the national planning policy framework when it comes to “agent for change” in future?

The other reality, I am afraid, is that the NPPF, including the draft NPPF set out by the Government recently, is not strong enough; Lord Brennan of Canton referred to that in his speech in the other place last Thursday, I believe. To reassure the Minister, I should say that I am not seeking a widespread power that would extend noise protections to all sorts of establishments. My concern, and that of others across the House and in the other place, relates specifically to cultural venues—in particular grassroots music venues and nightclubs, as my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel) has ably set out.

I support the Government’s mission to build more houses and create more residences. The example in my constituency is that the lack of clarity and enforcement of the current framework is stopping properties being built—some flats in my city centre are not being built because the developer tries to get away with what it can under noise abatement, in the absence of a clear statutory duty. A local music venue is therefore stressed about potential threats, and a developer is not able to build houses.

There is reported to be greater clarity in Scotland. I understand that the Scottish planning system is significantly different in many elements from the one in England. The Music Venue Trust reports a significant reduction in the number of venue closures in Scotland.

[Ms Billington]

I want to reaffirm on the record what my hon. Friend has said. This is an important way of ensuring that we have a place-led way of shaping our communities; without that, we will not be able to get the homes that people desperately need in the places where they need them. Furthermore, we will not be able to ensure that those places are worthwhile living in because they have other things apart from homes. The cultural venues that we are talking about are so vital—not only to the economy, but to making sure that people actually want to spend their time in places. That balance is going to be required, and that is why the power needs to be there.

[Lewis Atkinson]

I entirely agree. The title of this Bill includes the words “community empowerment” and “devolution”. I want my community in Sunderland to be empowered: to have the powers to ensure that our key cultural venues—such as Pop Recs, Independent and the Bunker—retain protections from further development around them.

I turn to the draft national planning policy framework, which the Minister referred to. I understand the Government’s difficulty in breaking what some might say is a precedent by not putting planning guidance into statute. I understand that there is a genuine judgment to be made, even if there is a shared policy intent. But the existing draft national planning policy framework states, in P4:

“Existing businesses, community facilities, public services and defence and security activities should not have unreasonable restrictions placed on their current or permitted operation”.

“Should not” gives far too much leeway. There is also no explicit reference in the draft national planning policy framework to specific actions about noise levels, sound insulation, licensing outcomes or operating hours, despite those being the most common and predictable mechanisms through which “agent for change” risks threaten our music venues. If it is the Government’s intention to try to get the policy solution through planning guidance rather than through statute, will the Minister commit on behalf of the Minister for Housing and Planning to reconsider some of the language in the draft NPPF to strengthen those points in particular? Will the Minister also write to local authorities on ensuring that local plans include grassroots music venues?

There has to be a review of the NPPF. Could the Minister say a little about how long she believes it is appropriate to monitor the implementation of the NPPF if this is where we end up at the end of ping-pong and there are no statutory powers engaged to protect our music venues? If inappropriate planning applications that threaten our music venues continue to come in, how long will she and the Government wait before reviewing the policy and looking to further strengthen it? Indeed, if there is any chance of a late concession in the event that the agent of change returns here from the other place, will she consider taking potential statutory powers not to be used except when needed to safeguard our grassroots music venues?

[Vikki Slade (Mid Dorset and North Poole) (LD)]

I am really pleased to follow the speech of the hon. Member for Sunderland Central (Lewis Atkinson) with my own story of an early venue. In 2007, I remember visiting the Stage Door in Southampton—a venue above a pub—for one of the very first, intimate gigs of Scouting for Girls. They are now internationally renowned and celebrating their 20th year, but there were so few of us at the gig that we actually helped them carry their kit there and back afterwards. Without those little gigs, they would not have had that success such that 20 years later we can go and enjoy them at summer festivals.

I rise specifically to speak to Lords amendment 37. During the Bill Committee, as the Minister will recall, my hon. Friend the Member for Stratford-on-Avon (Manuela Perteghella) and I spoke frequently about the importance of town and parish councils and the need to strengthen them as unitary councils take decision making further away from local people and dilute the identity and priorities of clearly defined places. As local government is reorganised and councils cover ever larger geographies, it is critical that communities retain hyper-local democratic structures not as an add-on but as an essential part of effective devolution.

There was a lot of talk originally about what other structures might be in place as part of the Bill if not a town and parish council, but that does not seem to have made much progress. I am disappointed that without something really strong in that place, there is nothing recognising the critical place of our town and parish councils, whose strength forms part of our communities, as so passionately talked about by the hon. Member for East Thanet (Ms Billington) and my hon. Friend the Member for St Ives (Andrew George).

I spoke on Second Reading about how the forthcoming local government reorganisation—it does not affect my area—will see the end of authorities such as Winchester and Southampton city councils. It is inconceivable that historic places such as Winchester will not either immediately or within a couple of years re-establish a town council to protect their identity and ensure that their unique needs—beyond those covered by the fairly nebulous unitary authorities that will replace them—are met. Parish and town councils give residents not only that opportunity to create their sense of place, but a direct, accountable voice.

In Dorset, the plan for change created in 2016, which came before our local government reorganisation, talked about the expansion of town and parish councils and the creation of neighbourhood-level structures, but those decisions were deferred for future administrations to progress. On the Dorset side, the gaps were filled so the whole area became parished, but in Bournemouth, Christchurch and Poole they were never implemented after being blocked by the then Conservative-led councils. A decade on, we are having to retrofit them at local cost and with an administrative burden.

I welcome that Conservatives in the other place have recognised that encouraging the expansion of parish governance in currently unparished areas really does matter—it is ironic that their colleagues have chosen not even to stand for election in the new town councils in Broadstone and Poole.

As the remit of unitary authorities has expanded, funding has inevitably focused on statutory services and neighbourhoods with the highest levels of deprivation. I welcome that, but as a consequence many of the facilities that residents really value—the fabric of everyday community life—have quietly fallen away.

When I moved to Broadstone at the turn of the century, Christmas lights, street furniture repairs, tree planting and small community grants were considered standard and funded, or at least supported, by the local authority. Today, they are routinely deemed out of scope for huge councils doing their best to protect the most vulnerable through statutory services. However, those things still matter deeply to the residents they serve; without them, communities begin to feel overlooked and to look unloved.

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[Miatta Fahnbulleh]

This relates to the point that my hon. Friend the Member for East Thanet (Polly Billington) made about commissioners and the governance arrangements. We are clear that strategic authorities absolutely must think about how they drive the prosperity and wellbeing of their rural and coastal communities. The structures—and, indeed, the policy framework—that they put in place to do that will be in the gift of local leaders and the mayor. That is right, and that is the basis of devolution. What we are trying to do through the Bill—I think we have achieved it through the amendments and the existing provisions—is to ensure that there is a clear framework that strategic authorities and mayors are working towards.

We as a Government absolutely recognise the important role that coastal and rural communities play. We are committed to doing our part to support strategic authorities, to ensure that they are dealing with issues from housing through to transport and the infrastructure that we need, in order to ensure that our rural communities thrive. Members across the House have our commitment that we will do that, so that local plans reflect the composition of different parts of the country, and that we are putting in place the building blocks to ensure that none of our coastal or rural communities are left behind.

[Lewis Atkinson]

I understand the temptation to distinguish between urban, rural and coastal communities, but does the Minister recognise that urban communities such as mine in Sunderland are also coastal communities? By the limitations of geography, our economic activity is limited by 180°, and there are particular issues regarding transport links, economic geography and so on. Does she agree that it is not a binary distinction between urban, rural and coastal, and that many city council areas such as mine, as well as combined authorities, need to be considered as coastal communities as well?

[Miatta Fahnbulleh]

My hon. Friend is completely right. Indeed, the reason that the Government originally resisted this amendment was on that very point. Ultimately, we believed that the framework and the set of competences that we had set out were broad enough to capture the complexities of different areas with a mix of urban, rural and coastal. However, we understood the strength of feeling in the other place and we have made this concession. Now it is for our local leaders, through the context of devolution, to ensure that they come together to put in place a plan that can deal with the specifics of their area.

Let me turn to the points on town and parish councils that hon. Members have raised. I have been consistent through the passage of this Bill that we absolutely recognise the importance of town and parish councils. I would like to put on record my thanks to the hon. Member for Mid Dorset and North Poole (Vikki Slade), who has been a consistent advocate for town and parish councils, both in Committee and in the House. Our amendment in lieu provides that regulations made under clause 60 may provide for parish councils to be represented on neighbourhood governance structures. This locks in the importance of town and parish councils within the new neighbourhood framework that we are putting in place. It places beyond doubt the expectation that local authorities should engage with parish councils about parish representation under that framework.

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[Miatta Fahnbulleh]

We are as impatient as my hon. Friend is to get building on brownfield land, so we are working closely with all our authorities and strategic authorities to ensure that they have the power and tools to do that. We recognise that a big barrier to building on brownfield land is funding. This Government committed a record amount—£5 billion over the spending review—to supporting the remediation of brownfield sites, so that we can unlock the development that we all want.

The Opposition, who are pushing this amendment, accuse us of centralising, yet the amendment would, by its very nature, remove flexibility, whereas the Bill allows our local leaders, be it at regional or local authority level, the flexibility to deploy policy in a way that makes sense for their area. The amendment is fundamentally centralising, and we would be much better off trying to achieve “brownfield first”, an objective that we all agree on, through a policy that gives local leaders the flexibility to apply policy in a way that makes sense for their area.

[Lewis Atkinson]

Will the Minister elaborate on funding for brownfield sites? In my constituency, we have Riverside Sunderland, the most ambitious city centre regeneration project in the UK. That is only possible because of £30 million of Homes England funding, which will create more than 800 homes. Does she agree that it is somewhat hypocritical for parties that voted against that funding to say that they favour a “brownfield first” or “brownfield only” policy for building?

[Miatta Fahnbulleh]

My hon. Friend is absolutely right; I could not have put it better myself. If we believe in “brownfield first”, which we do, then it has to be enabled. That requires funding, which requires political will, which we Labour Members have, but which is sadly too often missing from the Opposition.

I turn to agents of change. I thank hon. Members for their contributions on the subject, particularly my hon. Friends the Members for Leeds Central and Headingley (Alex Sobel), and for Sunderland Central (Lewis Atkinson), who talked knowledgeably, articulately and persuasively on this question. I reiterate our strong reason for maintaining the view that a policy approach is best suited to addressing issues of implementation, when it comes to the agent of change. As with “brownfield first”, there is no difference in policy here. I absolutely agree with the points and concerns that have been raised. National planning policy exerts a significant influence on the planning system in two principal ways. Plan-making authorities must have regard to national policy when preparing development plans that form the basis for decision making, unless material considerations indicate otherwise. National policy itself is a material consideration, meaning that the NPPF can have a powerful and immediate effect on planning decisions, allowing policy changes to take effect quickly.

Furthermore, the new draft framework aims to improve delivery across the planning system by setting out much clearer policies for plan making and decision making. It makes it explicit that the decision-making policies should not be repeated in local plans and provides for these policies to bear on the system from day one. That is why we have not taken forward statutory national development management policies at this stage, although we are keeping that decision under review.

[Miatta Fahnbulleh]

Local plans can include community facilities, and we are committed to looking at ways, through the local plan, that we can strengthen the policy intent that we all agree that we are trying to achieve. First, we intend to work closely with local planning authorities, once the new NPPF is finalised, to ensure that the policy is fully understood and implemented. As my hon. Friend the Member for Sunderland Central said, there is a discrepancy between planning considerations and what is actually enforced. We recognise that discrepancy and are looking at what more can be done to ensure that local planning authorities are enforcing planning conditions related to this important issue. My hon. Friend the Minister for Housing is very exercised by this issue and is grateful for all the contributions that have been made by hon. Friends. He is content to meet to discuss what more can be done, but I hope that Members hear the Government when we say that we agree with the policy intent and that the national planning policy should be strengthened—we are undertaking that. We think there is an opportunity to make more progress through the local plan, and we are committed to working with local authorities to do that. We have committed to working with Members from across the House to ensure that this bites in the way that Members are keen for it to bite.

[Lewis Atkinson]

I thank the Minister for those welcome words, the acknowledgment that there is no policy difference here, and that she will keep statutory guidance under review, should that be necessary. Will she commit, on behalf of the Minister for Housing and Planning, to a meeting before the publication of the final NPPF, at which we could give serious consideration to explicitly mentioning issues such as noise reduction and insulation, when it comes to grassroots music venues?