Levelling-up and Regeneration Bill

Lord Young of Cookham Excerpts

Committee stage
Wednesday 22nd March 2023 Lords Chamber

The planning clauses of the Bill as currently written will override the stated intention of the Government, which is towards devolution. Centralising planning and preventing it taking account of the voices of local people and their democratically elected representatives, let alone giving ultimate power to the Secretary of State to determine planning policy with no parliamentary scrutiny, is taking it in entirely the wrong direction, back to the dark ages rather than forward to the kind of democracy where people can participate and engage in decision-making, where they feel they have had a say in place-making for the area in which they live and work, and develop the kind of trust in institutions entrusted with planning that will enable wider confidence in the system to level up and regenerate every part of the UK. I beg to move.

[Lord Young of Cookham (Con)]

My Lords, I will speak to Amendments 184A and 187A in my name and that of my noble friend Lord Lansley, which ensure that planning decisions are taken in line with an up-to-date plan. An up-to-date plan is defined as one that is less than five years old. I am a strong believer in a plan-led system. With apologies for referring again to my chequered career in government, the Planning and Compensation Act 1991, which I took through the other place, introduced for the first time the primacy of the local plan. Up until then, it had equal weight with other material considerations. That position was confirmed in the Planning and Compulsory Purchase Act 2004.

However, you cannot have a plan-led system unless you have a plan. Only 39% of local planning authorities have an up-to-date local plan. The number of plans adopted in 2021 and 2022 are 16 and 13 respectively, which are the lowest annual numbers since the inception of the NPPF back in 2012. The average between 2014 and 2021 was 35. More worryingly, since Christmas last year, 47 local plans have been delayed following the publication of the consultation document over Christmas, as local authorities hope to reduce their housing numbers. This is something I will develop when we get to the group beginning Amendment 207.

There is much in the Bill that I welcome. There are measures to streamline and simplify the plan-making process. I welcome the introduction of commencement orders, the uplift in planning fees and the simplification of the procedure for CPOs. But we need to do more to incentivise local planning authorities to produce up-to-date plans, as well as considering more effective sanctions for those that do not.

These two amendments, in effect, put into law the current guidance from the NPPF, which the Government are not proposing to change. Paragraph 15 of the 2021 NPPF says:

“The planning system should be genuinely plan-led. Succinct and up-to-date plans should provide a positive vision for the future of each area”.


The PPG chapter on plan-making says

“local planning authorities must review local plans … at least once every 5 years from their adoption date”.

That is exactly what Amendment 184A does, so I look forward to my noble friend saying that it has found favour with the Government.

On this subject, I ask the Government whether they have a target for a date by when 100% of England will be covered by local plans. The real problem at the moment is the uncertainty of the planning system. It is a real issue for local planning authorities, developers and local communities. Having up-to-date plans in place provides the certainty that everyone requires if the planning system is to be transparent, if it is to minimise risk and if local communities are to know what the future holds. By providing greater certainty through the requirement for development plans to be up to date, the Government can assist everyone to engage with the system and understand the outcomes. All the amendments seek is to ensure that the Bill reflects the guidance set out in the current NPPF in a paragraph which is not to be changed. The amendments seek to reinforce the fundamental underlying premise at the heart of the English planning system that it should be plan-led and give certainty to stakeholders, particularly local communities.

In passing, I ask whether the Government will now close a loophole in the present regime for five-year plans. Under the current system, local planning authorities can review their local plan under paragraph 33 of the NPPF and Regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012, whereby they assess whether the plan needs updating. That process is not subject to any public scrutiny. A local planning authority can simply document the process and resolve through the committee process that the plan does not require a formal update. No one can then challenge that decision and it resets the clock on the up-to-date status of the plan. This means that a local planning authority could underdeliver on housing requirements in the first five years of a plan, simply choose to review the plan using the process I have just outlined and determine that the plan did not need updating. As a result, it would not need to demonstrate a five-year housing supply for the next five years. That simply cannot be right, and I hope that the Government will close that loophole.

While I am on my feet, I will speak briefly to Amendment 221 in the name of the noble Lord, Lord Best, which would enable the Secretary of State to include older people’s housing needs in the local plan. I pay tribute to the work the noble Lord, Lord Best, has done in this area for many years. One-third of local plans have no provision at all for older people, although some 3 million older people would like to move but cannot because of the lack of suitable accommodation. I will amplify the case in a moment, but I begin by asking about progress on the task force announced over a year ago.

On page 226 of the levelling up White Paper from 2 February last year, it says:

“A new Task Force will be launched shortly to look at ways better choice, quality and security of housing for older people can be provided”.


Over 10 months later, nothing had happened. On 22 December the consultation paper said:

“Alongside this, we are also launching a taskforce … This taskforce will explore how we can improve the choice of and access to housing options for older people”.


On 17 February 2023, the shadow Minister for Health and Social care in the other place, Liz Kendall, tabled a Written Question asking the Government when the task force will be launched. The Government’s response did not provide a date and said:

“Announcements will be made in the usual way.”


She then tabled a similar Parliamentary Question on 14 March, which I understand is awaiting a response.

This is not a happy story. I hope my noble friend can explain why there has been this extraordinary delay in the establishment of this important task force. It could address a wider range of issues than just planning; for example, the possible abolition of stamp duty for older people trading down and the role of Homes England in providing affordable homes for rent or shared ownership for older people. It could look at consumer protection issues for older people subject to high service charges. We need an urgent progress report on the task force.

I turn to the amendment. The December consultation paper had a specific question:

“Do you agree that we should amend existing paragraph 62 of the Framework to support the supply of specialist older people’s housing?”


The answer to this is yes. Research has shown that there is demand for some 30,000 units of retirement housing a year, but the current supply is only 8,000. The noble Lord, Lord Best, chaired an inquiry by the APPG on Housing and Care for Older People, Making Retirement Living Affordable. That underlined the need for more investment in the market, focusing on the potential for shared ownership.

The debate on housing often focuses on numbers, such as the 300,000 target. Equally important is whether the make-up of those numbers matches the needs of the population. As England’s demography changes, with the increase in smaller, older households, we are grappling with the legacy of a housing stock configured for a different age. The shortage of accommodation for last-time buyers or renters is impeding the optimum utilisation of a commodity in short supply. To rectify this, we need to focus new build on addressing this imbalance. Because new build is such a small percentage of the overall stock, it needs disproportionate emphasis in five-year plans. One option would be the development of a use class for specialist housing for older people with a specific target; say, 10% of all new units for older people. If one wanted to give this use class a boost, it could be exempt from CIL or Section 106 contributions.

In developing this policy, it is important that older people are not treated as a homogenous group with identical needs, no more than we would treat people with a disability as having identical needs. Planning for the elderly needs to be more granular and assess the various options—for example, retirement or sheltered homes; housing with care, sometimes called integrated retirement communities or supported housing; care homes; and nursing homes—looking at the configurations in each planning area. People do not want to have to move to find a suitable home to retire to.

Then there is the wider benefit if a greater supply of retirement housing can be achieved: significant health and well-being benefits for older people, reduced public spending on health and social care, and an increase in the vibrancy of the second-hand market, freeing up more opportunities for first-time buyers to enter the market. The Bill provides a real opportunity to rectify this imbalance in the nature of our housing stock, and we should take it.

House resumed. Committee to begin again not before 8.31 pm.