Infrastructure Bill [Lords]

Debate between Lindsay Hoyle and Stephen Williams

Monday 26th January 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Communities and Local Government (Stephen Williams)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 3—National Infrastructure Commission—

‘(1) There shall be an independent National Infrastructure Commission.

(2) The Secretary of State may by regulations provide for the appointment, duties, functions and staffing of the National Infrastructure Commission.

(3) Regulations made under subsection (2) may make provision for any consequential matter that the Secretary of State considers is necessary to establish the National Infrastructure Commission.

(4) Regulations made under subsection (2) shall be made by statutory instrument.

(5) A statutory instrument under this section shall not be made unless a draft of it has been laid before and approved by both Houses of Parliament.

(6) In this section—

“National infrastructure” means infrastructure of strategic significance in or relating to the sectors including—

(a) transport covering ports, transport networks (including railways and roads) and aviation;

(b) energy;

(c) flood defences;

(d) hazardous waste;

(e) telecommunications;

(f) water; and

(g) such other sectors as are prescribed.”

New clause 12—Abolition of the Planning Inspectorate—

‘(1) The Planning Inspectorate is abolished.

(2) Subject to paragraph (3), all the functions of the Planning Inspectorate are transferred to the Secretary of State for Communities and Local Government.

(3) The functions of the Planning Inspectorate in relation to Wales are transferred to Welsh Ministers.

New clause 16—Use classes and demolition: drinking establishments—

‘(1) The Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) is amended as follows.

(2) At the end of section 3(6) add—

“(n) as a drinking establishment.”

(3) In the Schedule, leave out “Class A4. Drinking Establishments”.

(4) The Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) is amended as follows.

(5) In Part 3 of Schedule 2 under Class A: Permitted Development, leave out “A4 (drinking establishments)”.

(6) In Part 31 of Schedule 2 under A.1 add—

“(c) the building subject to demolition is classed as a drinking establishment”.”

The purpose of this New Clause is to aim to ensure that any proposed demolition of or change of use to public houses and other drinking establishments would be subject to planning permission. Currently such buildings can be demolished or have their use changed without such permission being granted.

New clause 20—Community right of appeal—

‘(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert—

“(2A) Where a planning authority grants an application for planning permissions and—

(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or

(b) the application is not supported by policies in an emerging development plan;

certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.

(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permissions in the circumstances specified in subsection (2A) above are—

(a) the ward councillors for the area who have lodged a formal objection to the planning application in writing to the planning authority, or where there is more than one councillor, all councillors by unanimity;

(b) any parish council or neighbourhood forum by two thirds majority voting, as defined in Section 61F, covering or adjoining the area of land to which the application relates is situated; or

(c) any overview and scrutiny committee by two thirds majority voting.

(2C) The conditions are:

(a) the application falls within the definition of “major development”;

(b) the application is accompanied by an environmental impact assessment;

(c) the planning officer has recommended refusal of planning permission.”

(3) Section 79 is amended as follows—

(a) in subsection (2), leave out “either” and after “planning authority”, insert “or the applicant (where different from the appellant)”;

(b) in subsection (6), after “determination”, insert “(except for appeals as defined in section 78 (2A) and where the appellant is as defined in section 79 (2B)).

(4) In this section—

“emerging” means a development plan that is being examined by the Secretary of State, or is due to be examined, having met the public consultation requirements necessary to proceed to this stage; and

“major development” means cases within categories defined in guidance produced by the Secretary of State.”

Government amendments 84, 45 and 46.

Amendment 53, page 27, line 9, in clause 28, at end insert

“provided that any designated property, rights or liabilities to be transferred pursuant to a scheme—

(a) have been classified as surplus;

(b) do not compromise land forming part of a common, open space or fuel or field garden allotment;

(c) do not extinguish any public right of way;

(d) are subject to transparent reporting of all aspects of the transaction to the Land Registry; and

(e) shall be subject to a test of viability that is underpinned by guidance and an open book approach.”

Government amendment 85.

Amendment 52, page 34, line 2, leave out clauses 30 to 32.

Amendment 54, page 34, line 36, in clause 33, at end insert

“and shall relate to buildings or developments of any size”.

Amendment 67, page 34, line 36, in clause 33, at end insert—

“(e) carbon abatement offsite must only be considered exceptionally, where:

(i) it has been demonstrated that the carbon abatement can not reasonably be met on the development site, and

(ii) the homes on the development site achieve a high standard of energy efficiency.”

Amendment 71, page 35, line 5, in clause 33, at end insert

“and where the requirement cannot reasonably be met on the building site.”

Amendment 72, page 36, line 21, in clause 33, at end insert—

‘(7) No variation to the requirement of the building regulations in respect of a building’s contribution to or effect on emissions of carbon dioxide may be made solely by regard to the number of buildings on any particular building site.”

Government amendments 91 to 93, 95, 100, 102 and 104 to 106.

Amendment 74, page 128, line 2, in schedule 8, leave out from “sharing” to end of line 4 and insert

“do not change its appearance.”

Amendment 75, page 132, line 20, in schedule 8, leave out paragraph (b).

Amendment 118, page 165, line 28, in schedule 8, leave out “or other vegetation”.

Amendment 119, page 165, line 30, in Schedule 8, leave out “or vegetation”.

Amendment 120, page 165, line 41, in schedule 8, leave out “or vegetation”.

Amendment 121, page 165, line 41, in schedule 8, leave out from “lopped” to second “to” in line 42.

Amendment 122, page 166, line 2, in schedule 8, leave out

“or cutting back of the vegetation”.

Amendment 123, page 166, line 11, in schedule 8, leave out from “lopped” to end of line 12.

Amendment 124, page 166, line 13, in schedule 8, leave out “or cuts back vegetation”.

Amendment 125, page 166, line 16, in schedule 8, leave out “or vegetation”.

Amendment 126, page 166, line 24, in schedule 8, leave out

“or cutting back of the vegetation”.

Government amendments 107 and 108.

[Stephen Williams]

The group touches on an incredibly wide range of issues, but I shall concentrate my remarks on the amendments and new clauses that have aroused significant interest across the House.

Government new clause 14 relates to the Greater London Authority’s powers to incur expenditure on transport elements of housing and regeneration projects. This matter was raised in Committee by my hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi), and I promised him that I would look urgently at the legislative options available to address this important issue. We have concluded that it is necessary to make a minor change to the Greater London Authority Act 1999 and have therefore proposed the new clause.

The new clause removes a prohibition in section 31 of the Greater London Authority Act preventing the GLA from incurring expenditure on anything that may be done by its functional body, Transport for London, if it relates to housing and regeneration. We are making this change to the 1999 Act because the GLA has said that, because TfL’s powers are wide-ranging, they preclude the GLA from incurring expenditure on anything transport related. This includes expenditure on transport elements of projects to deliver housing, jobs and growth in London, which the GLA has been responsible for since 1 April 2012, when it took on the roles, land and contracts of the former London Development Agency and the Homes and Communities Agency in London. The new clause will apply in relation to expenditure incurred by the GLA before, as well as after, the coming into force of the new clause, because it was clearly the intention of Parliament that the GLA should have powers equivalent to those of the LDA and HCA following the Localism Act 2011. Making this change to the 1999 Act is therefore essential to ensure that the GLA can deliver new homes and jobs for London.

Government amendment 95 provides for new clause 14 to extend to England and Wales only, and Government amendment 102 provides for the amendment to the 1999 Act to come into force on the day the Act is passed. Government amendment 85 relates to clause 29 and will ensure that future purchasers of land owned by the HCA, GLA and mayoral development corporations can develop and use land without being affected by easements and other rights and restrictions. Clause 29 will bring the position of purchasers of land from the HCA, GLA and MDCs into line with those currently enjoyed by purchasers from local authorities and other public bodies involved in regeneration and development.

Tenancies (Reform) Bill

Debate between Lindsay Hoyle and Stephen Williams

Friday 28th November 2014 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

That normally happens for the wind-up speeches, but as we did not know when they would happen, I do not think that we need to worry.

[Stephen Williams]

I forgive them for not being here. I am sure that they will diligently read Hansard to see how I responded to the points that they made.

My hon. Friend the Member for Harrow East asked what would happen if a landlord was obliged to make repairs but then tried to evict the tenants in order to get vacant possession. I am advised that the council can issue a prohibition order prohibiting use of the dwelling by someone else while repairs are taking place—

Marriage (Same Sex Couples) Bill

Debate between Lindsay Hoyle and Stephen Williams

Tuesday 21st May 2013 Commons Chamber

[Stephen Williams]

I originally proposed a version of new clause 10 in Committee. I did not see it as an attempt to wreck the Bill; I genuinely felt it was an opportunity to close that loophole.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We are obviously not going to reopen yesterday’s debate. We are discussing other amendments today.

Finance (No. 2) Bill

Debate between Lindsay Hoyle and Stephen Williams

Wednesday 17th April 2013 Commons Chamber

[Stephen Williams]

I am happy to enlighten the hon. Gentleman, whose intervention falls into the category of a nice try. I think he is referring to the Opposition motion on this issue that we debated five or so weeks ago. The Government amendment to that motion made it crystal clear that, in the context of the coalition, my Conservative Front-Bench colleagues do not support the introduction of a mansion tax in this Parliament; indeed, it is not in the coalition agreement because we could not agree on it at that point. However, the Liberal Democrat part of the coalition does believe that a mansion tax should be introduced. We are happy to do the workings on it and happy to espouse it at every opportunity. It will be in our manifesto at the next general election, and subject to what happens in that election, when I am sure that negotiations may well take place again, perhaps we will have a different outcome. I welcome the fact that the Labour party, which emphatically rejected the principle of a mansion tax in the negotiations in 2010, now seems to be on the way towards conversion to the long-term Liberal Democrat train of thought on this issue.

I also hope that Conservative coalition colleagues might have a conversion between now and 2015. Some of them—in fact, a lot of them; we talk to each other rather more than we used to—whisper in my ear that they wished the Conservative party that embraced this policy. That applies particularly to Conservative MPs from the north of England—north of the line from the Severn to the Wash. Perhaps there are not very many £2 million properties in those constituencies. Nevertheless, a lot of Conservative MPs from outside the south-east of England have privately said to me that they wish the coalition would adopt this principle.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. I know that the hon. Gentleman’s Library notes have been helpful, but I am not quite sure that the journey he is trying to take the Chamber on is relevant to this debate. I am sure that he wants to come back into order with his good Library notes.

[Stephen Williams]

Thank you, Mr Hoyle. Your advice is always given with good heart and accepted freely.

New clause 5 highlights the Labour party’s conversion to the principle of a mansion tax. I said that the new clause was an innovation. Unfortunately, I am a veteran of Finance Bills. I have obviously insulted my Whips Office on several occasions in the past and keep being put on to Finance Bills as a punishment. I remember from last year’s Bill that, time after time, Opposition new clauses and amendments called for studies of the impact of Government policy, while the Opposition proposed no new policies of their own. Now, finally, after three years, they have suggested a new policy, albeit one pinched from my party, but they are still asking the Treasury to do a study of it—even though it is they, not the Government, who proposed it—because the Labour party cannot be bothered to explain how this new policy that it has suddenly converted itself to will actually work.

The Opposition have not provided any clues as to how their approach might work, even though they have had plenty of opportunities to do so. The hon. Member for Corby (Andy Sawford) referred to the Opposition day debate five weeks ago, and the Labour party has since had plenty of opportunities to flesh out how its version of the mansion tax would work in practice. I had hoped that Labour Members would explain it to us today, but they have not.

New clause 5 does not provide many clues. Let me give those on the Opposition Front Bench a piece of advice: if they want to ask somebody else to assess the impact of their own policy, they really ought to give them a bit more detail to work on. I am sure that the Minister will confirm that those who work at the Treasury are very clever people. Among them are a lot of economists and accountants with good qualifications and excellent degrees from top universities, but the Labour party should not think that it can present them with an almost blank piece of paper, which new clause 5 is, and then expect them to be able to explain within a few months how its policy will work without their having been given the barest of details.

--- Later in debate ---

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

That is broadly correct.

[Stephen Williams]

Of course, that is broadly correct, but I repeat that if the shadow Minister wishes new clause 5 to be implemented, he needs to provide more detail, so that the House can consider whether it is worthy of support. I do not think it worthy of support, because it is so full of holes. It would waste the time of the mandarins in the Treasury to ask them to come forward with a study for which they do not have the right brief. We have not been told at what rate the Labour party wants to set the mansion tax. Here is another opportunity for the Opposition to help the Treasury. Would the rate be 1%, 2%, 2.5%, 3%?