National Planning Policy Framework Debate

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National Planning Policy Framework

Martin Horwood Excerpts
Thursday 20th October 2011

(12 years, 6 months ago)

Commons Chamber
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Alison Seabeck Portrait Alison Seabeck
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I take the right hon. Gentleman’s point, but regional spatial strategies were set up to ensure that, ideally, houses were built where there was most need. Clearly, across the country overall, that need was starting to be met under the last Labour Government.

Developers are sitting on land. We have heard about the 300,000 existing permissions. What right-minded developer will build homes when nobody is able to buy them? Again, that is not due to the planning system. Instead of dealing with the critical issue of the economy, and the finance and confidence necessary to deliver the investment and pick house building up off the floor, we are having this smokescreen of a debate on planning. However, a debate has sprung up around the country, and it puts planning at the heart of the conflict between growth, the economy and the countryside. That point was very well made by my right hon. Friend the Member for Leeds Central (Hilary Benn) in his excellent speech. That is a false choice and it has unhelpfully polarised opinion.

It is important that we have clarity in the system—I do not disagree with hon. Members in different parts of the House on that issue—but this false debate is now proving to be a total distraction. The NPPF is a deeply flawed document that needs to be seriously amended, and I hope that the Minister is listening to Members in all parts of the House because the Government are committed to railroading it through.

Under Labour, the green belt was expanded. We pursued a policy of “brownfield first”. Brownfield expanded as a proportion of new build as we focused on developments and regeneration—a word that is sadly missing from both the Localism Bill and this document.

Martin Horwood Portrait Martin Horwood (Cheltenham) (LD)
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Will the hon. Lady give way?

Alison Seabeck Portrait Alison Seabeck
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No, not at the moment.

We focused on existing communities, and that is missing from the NPPF, and we will see more building on greenfield sites.

The need to protect gardens was not dealt with clearly in the Minister’s statement, although it was the driver behind the change in the “brownfield first” presumption. It is not clear exactly how an assessment will be made of land of the least environmental value, and I think that houses and gardens in some very nice areas will fall into that category. We need clearer definitions, and I am pleased that at least he is willing to rethink the wording of brownfield provisions. I urge him to speak to the Prime Minister and insist that when he answers questions on development in the House he should make it clear that there is no threat to the green belt. The Prime Minister should answer the question that he is asked. If he is asked about the threat to green fields—not green belt—he should deal with that. I have to say that the green fields that are going to be built on are in leafy Tory shires.

The NPPF is silent on affordable housing—a point made by my right hon. Friends the Members for Leeds Central and for Greenwich and Woolwich. When is the assessment of housing need going to be made, as there is just a cursory reference to it in the NPPF, and how will the evidence of that need be collated? Again, that is far from clear.

Finally, there was a glimmer of hope or common sense on transitional arrangements, which are vital. Without a transitional period, there will be fears on the one hand of a development free-for-all while, on the other, developers have concerns about the lack of such arrangements. When the Localism Bill is enacted, regional spatial strategies will disappear, and there will be a gap before the NPPF is introduced, with further losses of planned homes on a scale of the losses that have already taken place as a result of announcements by the Secretary of State. This is an incredibly important subject for people on both sides of the debate, and I am pleased that there appears to have been some backtracking.

In the Committee that considered the Localism Bill, the Opposition were asked to legislate without sight of the NPPF. The House, on Report and on Third Reading, was asked to legislate without sight of the document, and now developers and local communities are going to be asked, some time in the future, to plan without sight of the details that they will need, either to support good-quality local development, designed to meet needs, or to protect local areas of importance. Even today, we have had another statement on the abolition of RSSs that discusses the requirement to undertake a proper environmental assessment, albeit voluntarily. It says that the Government are undertaking another consultation on the matter. How can we legislate and make decisions about things as important as the planning policy framework without seeing the outcome of those consultations?

I welcome the fact that the Government have backtracked on their proposals on yet another ill-researched policy that has been introduced in haste. Along with my colleagues, I await the revised NPPF and the debate on it, because the wording of today’s motion is far from accurate. The House has not, in my view, considered the NPPF, and we should be allowed another debate on the revised paper, and a vote.

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Gavin Shuker Portrait Gavin Shuker (Luton South) (Lab/Co-op)
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I represent Luton South and live in south-east England, where there is a great and pressing need for affordable housing. I am sad about the demise of the regional spatial strategies, but I appreciate that other Members do not share my opinion, and I recognise that they will not be reintroduced any time soon. They did, however, put in place a requirement for local authorities to work together to solve their housing needs.

Martin Horwood Portrait Martin Horwood
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Regional spatial strategies did not encourage local authorities to work together; they imposed things from on high. The south-west RSS took six years, cost £10 million to develop, was never implemented and attracted 35,000 objections.

Gavin Shuker Portrait Gavin Shuker
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That highlights the point I have just made: Members have different opinions. I regularly knock on doors in my constituency and find people living in the most terrible circumstances, with private landlords taking advantage of them. I am torn about whether to report that to a housing department, as I know that there is such limited housing stock. It is therefore worth looking at different areas in different ways.

There is a quiet crisis in housing across the south-east in particular, but also in other areas. I am certainly not opposed to simplifying the planning system; one of our jobs as Members of Parliament is to simplify things. However, to slim down a 1,000-page brain surgery manual, as it were, to just 60 pages is not the best way to proceed. The best way to proceed is to say that we want to have more housing and more localism, and that we want people to have choices in decisions affecting their own constituencies and communities. We want to do that sensibly, however, which is why this debate has been very good so far.

Many of today’s speeches have been wish lists of various items about which people are concerned, and mine will be no different. I have specific concerns about a number of areas and I hope that the Minister will respond to them consensually at the end of the debate.

My first concern relates to sustainable development, about which we have heard from Members on both sides of the House. I have counted four or perhaps five possible definitions of “sustainable development” published either by this Government or previous ones. I have shadowed the Department for Environment, Food and Rural Affairs team and seen sustainability go from being the sole remit of one Department to being mainstreamed. The Department for Communities and Local Government has been one of the major winners from that. As I have shadowed the DEFRA team, I know that DCLG has probably scored more points against DEFRA than Labour Members have, and that applies on various things, including bin taxes. There is uncertainty about “sustainable development” and its definition, and it is important that the body of this policy framework defines incredibly clearly what that is. Brundtland’s work obviously provides a good starting point, but the tighter the definition the easier it will become for planning applications to go through and for us not to end up with things in court for six or seven years when the definition could be clearly set out from the start. If we want more affordable housing, we need to be clear and exact in our definitions—that is a great place to start.

The Attlee Government enacted sites of special scientific interest in the National Parks and Access to the Countryside Act 1949, and we have been clear about wanting to maintain those protections. The chief executive of the Royal Society for the Protection of Birds, Mike Clarke, has stated:

“One thing the final plans must state clearly is protection from development for some of the nation’s finest wildlife sites—those areas designated as Sites of Special Scientific Interest. We have received legal advice this week which suggests that the proposals as they stand will weaken protection for these areas.”

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Martin Horwood Portrait Martin Horwood (Cheltenham) (LD)
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In the spirit of the debate, may I refer hon. Members to the register and declare my membership of the Campaign to Protect Rural England, the Gloucestershire wildlife trust, Friends of Leckhampton Hill and Charlton Kings Common, and the Leckhampton Green Land Action Group? May I pay tribute, too, to the Minister of State, Department for Communities and Local Government, the right hon. Member for Tunbridge Wells (Greg Clark), who has responded constructively and openly to this debate, and to the wider debate? He has certainly spent a lot of time with me and with other Back Benchers who have expressed concern about the national planning policy framework, which is very much appreciated.

I share the emerging consensus across the House that the general principles of the framework may be good, and that the idea of simplification is welcome—certainly to anyone who has tried to trawl through volumes of planning guidance. There are, however, serious concerns about the way in which the first draft has come out. I agree, in particular, with many of the comments about the six-year supply rule and the large loophole regarding the ability of developers and others to challenge not just local plans but individual policies and evidence on the basis that they are out of date, absent, silent or indeterminate. Points have been well made on those, and I will not repeat them.

This should have been a trouble-free area of coalition policy. The precedents were very good, and I was shocked at how good the Conservative policy on planning was in “Open Source Planning” when it was published. It was very, very impressive; we were rather startled and felt the need to catch up. [Interruption.] My hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) has obviously been involved in developing even more robust policies. There was an emphatic statement in “Open Source Planning” which I thought was very good:

“Our emphasis on local control will allow local planning authorities to determine exactly how much development they want, of what kind and where.”

It balanced that with incentives, so there was not a temptation to say no to everything, but that emphatic statement was rather good, and if it can be repeated in the framework, that will be helpful.

Some Liberal Democrat policies on the natural environment, including the one that I helped to co-author on natural heritage, which was adopted by the party, made some complementary statements on the protection of the natural environment. We said:

“Too often we have parcelled off a small number of sites or areas for special protection by experts and left the rest to the mercy of market forces where different values often prevail and valuable natural resources are lost.”

That document originated the policy of local green spaces, which is in the framework, and which I very much welcome. It is designed to help to protect green spaces, not for their biodiversity or outstanding beauty, but simply because they are important to local people and have been proven to be so.

Those themes have been reinforced in government, in the Localism Bill, in the natural environment White Paper, with its very strong emphasis on the valuing of natural capital, and, indeed, in the statement last November by the Prime Minister, who said that

“we will start measuring our progress as a country not just by how our economy is growing, but by how our lives are improving, not just by our standard of living, but by our quality of life.”

That is important.

There are tensions in this debate, and it is important to consider the need for housing, including the very real need for affordable housing, and the need to tackle the affordability crisis, but it is a mistake to think that growth will be a panacea for those problems, for a number of reasons. First, as a country we need to learn to live within our environmental limits. Green space is a finite resource, and certainly on a crowded island with limited suitable areas for recreation and enjoyment, as well as for building, we cannot simply build and build and grow and grow. That is fundamentally unsustainable in the end.

Secondly, there are about 1 million more homes in this country than there are households, according to answers given to me by the Minister’s own Department. The problem, of course, is that they are not in the right places for jobs and work and where people want to live. It is local patterns of supply and demand that are the really big factors. In some areas, such as my constituency and others that have been mentioned, the demand is simply insatiable. Cheltenham has grown by 60% over recent decades, but we still have relatively high house prices and a housing waiting list. We can build on enormous amounts of countryside and those things will still apply because we will still have—I hope—really good jobs, good schools and a good built and natural environment. It is those kinds of things that drive this.

It comes as a bit of a shock, therefore, to find ourselves accused of producing a developer’s charter. The reason for that, I think, is in the wording of this document and the imbalance in it. There are very definite statements that

“local planning authorities should plan positively for new development”

and that planning

“must operate to encourage growth”,

The statements on the environment, however, are much more measured and often qualified. Even the one that states:

“Plans should allocate land with the least environmental or amenity value”

is immediately qualified:

“where practical, having regard to other policies in the Framework including the presumption in favour of sustainable development. Plans should be prepared on the basis that objectively assessed development needs should be met”.

Even where we are trying to use language that is more environmentally friendly and values social and environmental factors, it is heavily qualified. That needs to be rebalanced, because this language matters. It is listened to by local planners and the officers who drive local policies.

Anna Soubry Portrait Anna Soubry (Broxtowe) (Con)
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May I begin by saying that I was delighted to have the opportunity on Tuesday to hold a debate in Westminster Hall and thank everyone who contributed to it? I do not intend to repeat the many points I raised, but I remind those who want to read the report of the debate of any interest I declared in my various comments about the green belt. The green belt is a passion for me because of the situation in my constituency, which has no greenfield land, only green belt and brownfield sites.

I agree with so much of what has been said by all hon. Friends on the coalition Benches, especially the hon. Member for Cheltenham (Martin Horwood), that I think we are in danger of breaking out into a bit of a love-in. I thought he was about to escape, but it seems he feels compelled to stay. I want to thank the Secretary of State and his Ministers for the various reassurances they have given and public pronouncements they have made, particularly about the green belt, which I wish had been more widely publicised. Of course, it has never been said of the Secretary of State that he is not one for coming forward, as he has come forward on many occasions and spoken in his normal, robust manner. Unfortunately, I do not think that enough people heard him when he gave the reassurance that the framework contains not only a continuation of the existing policy to protect our green belt, but a very good argument that the coalition Government are determined to ensure that it is even better protected. I thank him for that.

I would like to raise two points. The first—I am being completely parochial about my constituency—relates to open-cast mining. We touched on this very briefly in the debate in Westminster Hall. I know that the framework refers to mineral extraction and really hope that the Government will listen to Members with constituencies in which there is a threat of open-cast mining. In my constituency, open-cast mining would be on green-belt land between Cossall and Trowell. It is very precious and beautiful land. It is historic and has connections to D.H. Lawrence. I submit that it is a complete contradiction to say that we could ever have open-cast mining on green-belt land. The two simply do not go together. If the Government cannot go as far as to agree with me on that, I urge them to look at the very good idea, put forward by my hon. Friend the Member for North West Leicestershire (Andrew Bridgen), for a buffer zone between residential property and any open-cast mining.

I was slightly cynical about the framework when I first examined it, but over time I have found within it many things not only that should satisfy everybody’s concerns, but that we should welcome and trumpet. I am particularly impressed by the neighbourhood plan, and this is where I refer to the Liberal Democrats, because unfortunately Broxtowe’s small group of remaining Liberal Democrat councillors have, in their wisdom, chosen to remain in coalition with Labour, and they control Broxtowe borough council. As part of their policy, they have accepted the plan for some 6,000 new houses in my constituency, but there is enough room for only 2,000 on the brownfield site, and the rest will have to be built on the green belt.

I am opposed to that decision, and I believe that the majority of people in my constituency are, too, but the Liberal Democrat who represents the village of Trowell makes a very good point when he says, “I’m being realistic, and, when we look at previous decisions in Broxtowe and a particular stretch of land, we will have difficulty persuading anybody that there should not be a large number of houses built on this particular stretch of green belt known as Field farm.”

That individual makes those representations to me in private and in public, and to be completely blunt he may well have a very good point, but where I criticise him and other members of the ruling group on my local council is over their complete disregard for the ethos that runs through the framework, which is about working with communities—where communities decide things based on neighbourhood plans. That is a wonderful idea, and Rushcliffe borough council, which happens to be Conservative-controlled, is going out and holding workshops.

Martin Horwood Portrait Martin Horwood
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At the risk of continuing the love-in, may I say that I have some sympathy, because three Gloucestershire councils have just published a joint core strategy, which will be completely unsupported by local people, for 40,000 new houses in Gloucestershire—though I hate to say that most of the councils involved are Conservative-led.

Anna Soubry Portrait Anna Soubry
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I am very grateful, believe it or not, for that intervention, because the hon. Gentleman makes a serious point, and I feel a lot of sympathy for councillors who are advised by their officers—understandably—but sometimes almost put in fear. They feel that they have to take a particular route, but they forget that they are the democratically elected representatives of their communities. That may be a criticism of ourselves on these Benches—that we have not explained the great provisions in the Localism Bill, which will empower our neighbourhoods to come together and to decide on their own plans.

I am, however, becoming confident that the Liberal Democrats in Broxtowe will hear that message loud and clear, especially when the Under-Secretary of State for Communities and Local Government, the hon. Member for Hazel Grove (Andrew Stunell) responds to the debate. They will realise that the Bill gives them the power to work with those people, coming together to build sustainable communities that are not just the sort of awful housing development that we have seen in so many parts of the country, which were built using the previous Government’s atrocious Prescott regulations with no regard at all for services and no proper consideration of infrastructure, but in fact sustainable developments—not just providing good homes for people, but improving their services, improving infrastructure and, indeed, embracing the environment. Such developments are not about simply concreting over land.

As ever, the clock is against me, but that is probably good for Opposition Members, as I was about to turn my attention to the previous Government’s disgraceful policy. I find it quite astonishing that Opposition Front Benchers, given their dreadful policies that would have concreted over thousands of acres of our green belt, can criticise Government Members and, notably, Front Benchers, so I commend this framework and look forward to the transition powers and all that they will bring.

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Lord Stunell Portrait Andrew Stunell
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The hon. Gentleman is a page ahead of me, but I will get there very shortly.

Of all the thousands of comments that have been made about the NPPF so far, very few have challenged the importance of both the simplification and the localisation that we have set out. I would have said that none had done so, but, funnily enough, a former planning Minister, the right hon. Member for Greenwich and Woolwich (Mr Raynsford), said that he was one of those who considered this to be the best of all possible planning systems. His view was somewhat contradicted by my right hon. Friend the Minister of State’s quotation from Lord Rooker, which demonstrated that that simply was not so.

Quite properly, today’s debate has largely concerned the precise shape, the exact wording and the detailed nuances of what we have proposed in the NPPF and the Localism Bill. Let me now deal with some of the key points made by Members. I will begin by tackling what seem to me to be some of the principal issues. One is our use, or rather non-use, of the word “brownfield” . We have referred instead to land of the “least environmental” quality.

There is a clear reason for that. We think that land of the least environmental quality should be taken first, and we recognise that some brownfield land is of high quality. It may be the quarry that has been left for 40 years and is now the next best thing to a self-managed wildlife sanctuary, or it may be back gardens. There are a number of circumstances in which brownfield land may have become recreational. Indeed, there is an example in my constituency that is sufficiently contentious to be prayed in aid. Using brownfield land as a planning category and turning it into the first priority for development will prove to be a mistake in some instances. At the beginning of the debate, my right hon. Friend said in his emollient way that we were taking careful account of all the representations we have received, and we certainly are in that respect.

Martin Horwood Portrait Martin Horwood
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I entirely sympathise with my hon. Friend’s wish to move to a definition of environmental value, but, as I pointed out in my speech, even that reference in the NPPF is heavily qualified by reference, again, to development and growth. That rather undermines the point that is being made.

Lord Stunell Portrait Andrew Stunell
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Given that my hon. Friend’s submission to the consultation is longer than the NPPF itself, I am sure that it covers that point.

My right hon. Friend made it clear—not for the first time—that there will be transitional arrangements, but it would be presumptuous to set them out before our friends in the House of Lords have disposed of the Bill or it has returned to us. We therefore must approach this issue in a measured fashion, but we understand the points that have been made, even if the critics appear to be a little confused about whether the result of the proposals will be a slowing down or a speeding up of development. Certainly, uncertainty is unwelcome and needs to be dealt with.