Housing and Planning Bill

Lord Young of Norwood Green Excerpts

Wednesday 23rd March 2016 Lords Chamber

[Lord True]

No—if the noble Lord had been here earlier, he would have heard that this came in at a very late stage in the Commons and was dealt with quickly, and this was the first opportunity your Lordships have had to discuss it. All I am saying is that that is inappropriate at this time and place.

The noble Lord, Lord Campbell-Savours, is on to a very pertinent point. I am not going to go into all the issues; we have not had long enough to discuss planning fees. Local authorities should be properly funded for performing this important function. Funding other bits of sticking plaster—effectively, in some ways, that is what it is—to do that is not going to answer that core problem of under-resourced statutory function.

My problem with this comes down to the point of decision. At the end of the day, that decision must be independent. We have a court system in this country which is full of privatisation. People are advised by private solicitors. Their cases are pleaded by self-employed barristers. There is nothing wrong with private operators. When we get to the point of decision and recommendation, the planning committee, as noble Lords who have attended or been members of planning committees will know, is like a jury in effect, although it has a quasi-judicial effect. Under this provision, one of the parties—the applicant—will very often be a powerful figure who will, in effect, be summing up for the jury. That is what is in the documents here: it is solely for the designated person to make a recommendation to the local planning authority how, in their professional opinion, the application might be termed. So a piece of paper goes to the planning committee with the word “recommended” on it in bold. Under this provision, the private operator, who has a link with one party, is the person who does that summing up to the jury. To my mind, that is the difficulty. I have no problem with private operators being involved, as long as the poor bloomin’ local authority is allowed to properly function in doing what it seeks to do.

I am sorry if I am now in the third minute of my speech. I know that brevity is the soul of wit although sometimes, as shown in parts of the speeches by the noble Lord, Lord Greaves, within longiloquence there can also be pearls of wisdom.

I am concerned about this provision. It allows another local authority to be designated to do the job for local authority No. 2. We are told that that is because one of those authorities may be inefficient. Now, any Government can do this, not only my noble friend’s Government but perhaps Mr Jeremy Corbyn’s Government or that of—I cannot remember; was it Mr Farron? The point is that any Government with a policy preference could say to a local authority that was compliant or friendly, or perhaps did not worry too much about the green side or the affordable side, “We will have an experiment. We will give the work of the authority that is being too green or too difficult with developers to another authority that does not worry too much about green issues, and let them do it”. So there is a risk of moral hazard there—political moral hazard, if you like—from the involvement of any Government. If this measure goes forward, that part needs to be thought about.

My next point comes from long experience of trying sometimes to get things done on a bloomin’ local authority in the public interest. Getting development done is difficult, and one of the reasons why is the suspicion among the public of the planning system. We are an incredibly uncorrupt country, with many high-quality public servants in many local authorities and central government. Still, how many times do people come up to me and say, “Oh, there’s something going on in your planning department. The thing is rigged”? They feel that the system is unfair and rigged against them. If we had a system where the powerful, as conceived, were trying to get something done and were advantaged by having someone working for them who could get to the point of giving the summing-up to the jury, that would increase suspicion of the planning system and would not improve it.

I say to my noble friend: I wish this had been thought out a little more. Perhaps this is too swift a timescale to do it on. However, if we are to go forward with involving much more private activity and competition—I am not against the principle of that, unlike those opposite—can we please think about those very vulnerable points in the process? I would not be quite as dramatic as the noble Lord, Lord Campbell-Savours; I think, rather, that it might sink or swim. Still, the points that I have tried in my rather halting way to put forward are extremely important.

We also have to be careful about the scope of the secondary legislation. When I look at Clause 145(4), I am surprised that the Delegated Powers Committee did not take issue with the wording:

“The regulations may … apply or disapply … any enactment about planning”.

That seems to be the ultimate Henry VIII power, even in respect of an experiment.

I say to my Front Bench: please be cautious. Do not be put off entirely from looking for experiment, as noble Lords opposite were saying. But please think about that process at the point of decision, the nature of engagement of the Government and of powerful parties and how that might be perceived, and the moral hazard and indeed the actual hazard that might arise.

[Lord Young of Norwood Green (Lab)]

My Lords, I rise primarily to speak to Amendment 102D, to which my name is attached, but I cannot resist commenting on the paean of praise from the noble Lord, Lord Deben, for landowners. I could not help thinking that he might have a desire to involve the local planning authority if a large basement were being dug underneath his property or someone was proposing a building that did away with most of the light that fell on his property. I think then he might develop a bit of enthusiasm for planning, as opposed to the rights of landowners.

I accept the right to experiment, but to say that, because we, on this side of the Committee, suggest that there could be some problems with the idea and that we would like to subject it to scrutiny, it somehow means that we are totally Luddite or that we are opposed to any experimentation whatever, is a trifle over the top. I do not know whether my name says that I am young enough to meet that compliance, but I hope that my attitude is, anyway; so on the assumption that this might go through, the purpose of the amendment is to raise a perfectly legitimate and necessary concern. Whoever it is contracted to, the final decision—and legislation should be very explicit on this—must come back to the local authority. It must come back to the elected people to make that decision. That might be infuriating—on many occasions it is. There is a development going on in my area that has taken three years up till now. I would not blame the planners; a group of nimbys are doing their best to ensure that this development does not take place, but that is what you get with local democracy.

It is right to be sure. I looked at the phrase in the Bill that I assume the Government put in as a safeguard. It says:

“The regulations must provide that the option to have a planning application processed by a designated person … does not affect a local planning authority’s responsibility for determining planning applications”.

I can see that that is what this is about. The phrase, “does not affect” ought to be stronger than that; that is why I am supporting this amendment.

Finally, I hope that the Government will ensure—after all the consultation and the pilots—that there is clear government guidance for whoever is to carry out this work. There should be declarations of interest and an ethical responsibility in the way the work is carried out. Those are legitimate concerns, some of which were expressed by the noble Lord, Lord Greaves, and my noble friend Lord Beecham.

[Lord Carrington of Fulham (Con)]

My Lords, I do not intend to detain your Lordships’ House for very long on this; everything that needs to be said probably has been said. However, I want to add my voice in support of my noble friend Lord Borwick on Amendment 102D. This is not because I think that this amendment is probably necessary; I am sure the Government have no intention of ensuring that developers can prejudice the decision that is taken by the local authority by choosing a contractor to undertake the work who will produce a report—which the developer has paid for—that is in the developer’s favour. Although I am sure that that is not the intention, it is a clear misconception that is accepted by a great many people outside this House. We need to make it perfectly clear that the designated people who are producing the planning report are doing it on a highly professional basis and that all they are doing is undertaking the mechanical work of processing a planning application. What they are not doing is prejudicing the decision that will be taken by the local authority. If they are prejudicing or influencing that decision, we are going slightly too far in the Bill. The decision on planning has to be a democratic decision that is taken by the councillors in the local authority. It could be argued that too often in local authorities those decisions are delegated to officers, and ought to be retained by the planning committee and the councillors themselves.

I am looking forward to receiving the reassurance that I think many people in this Committee are looking for. All we are proposing is to provide additional resources to the council, however they are paid for, for the mechanical process of taking a planning application from its initial lodging with the council through to the point at which it is capable of being assessed by the planning committee. I agree totally with my noble friend Lord True that privatisation in that regard is fine, but privatisation which privatises the democratic decision is, in my view, unacceptable.