Housing and Planning Bill (Second sitting) Debate

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Tuesday 10th November 2015

(8 years, 6 months ago)

Public Bill Committees
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Roberta Blackman-Woods Portrait Dr Blackman-Woods
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Q 92 It might be useful to have more detail on that specific point but I will move on. In addition to raising queries about the type of property being built, there is nothing about the standards to which the new homes should be built, or improving the quality. Do you think we can rely on developers pushing up the quality of what is delivered?

Andrew Whitaker: Yes, I certainly think you can. You can rely on the building regulations to meet all sorts of requirements for new homes. In terms of urban design, the Home Builders Federation is very keen to promote the building-for-life standards. That will apply just as much to starter homes as to other kinds of house building development.

Brian Berry: I would just add to that. Small builders’ business depends very much on their reputation, so they tend to build quality homes. If they were not building quality homes that met market needs they would be out of business. In that sense, the concerns you may have about quality should be allayed, particularly if you bring in more developers that are small and medium-sized enterprises.

Ian Fletcher: I have no concerns about the quality of the build of the accommodation, for the reasons that colleagues have set out. What makes a housing development is not just the built quality of the housing but the other services—social services, schools and healthcare—that support it. I have some concerns about the relief that could be given on community infrastructure levy contributions and section 106. From where will the infrastructure on those developments be funded?

I want to come back quickly to the build-to-rent point. The reason a site-specific requirement for starter homes does not work for build to rent is that the institutions that invest in that sort of accommodation do so for 10, 20 or 30 years and want to have control over the development to ensure it remains a quality place to live. If you have a specific requirement for some starter homes, they lose control of their investment.

Richard Bacon Portrait Mr Richard Bacon (South Norfolk) (Con)
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I would like to ask Mr Berry about chapter 2 of the Bill, on self-build and custom house building. Specifically, do you think the Bill provides enough motivation for people to be on the self-build register, in terms of linking the presence on the register to decisions about how serviced plots are brought forward and allocated?

Brian Berry: May I start by saying that most of our members think that this is a very encouraging market and support the whole principle of custom build? The Self-build and Custom Housebuilding Act 2015 set up the register for interested people, but we are concerned about how it is coupled with the provisions in the Bill, which seems to water down the obligation to locate plots for people on the register. It suggests that local authorities must ensure that there are sufficient planning permissions, which is rather different. We are concerned that those on the register could be put off even hoping for a plot of land to build on. We would like to see that changed, because 89% of our members say they are interested in looking into this market.

Richard Bacon Portrait Mr Bacon
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Q 93 The Bill provides for exemptions and states that the Secretary of State “may” direct that a local authority is not subject to the duty to give suitable development permissions in respect of enough serviced plots of land to meet local demand. Do you think that is potentially a big let-out clause?

Brian Berry: I think we need to look at the whole exemption side. There is a danger that it will be a let-out clause. Local authorities should be looking at all ways of delivering custom built housing, even if that means looking at existing buildings that could be converted and customised. I share that concern.

Richard Bacon Portrait Mr Bacon
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Q 94 I have a question about the definition of “self-build” and “custom house building”. The Bill rightly excludes plots where the person selling the plot is the person who wholly or mainly decides the plans or specifications. That is obviously to avoid the gaming of the system, but will the definition work in practice?

Brian Berry: That is a good question. We also have concerns about the definition. You obviously want to make it sufficiently encompassing that it does not deter various forms of custom build housing, but you do not want to make it so wide that it includes minor or superficial adjustments to standardised housing. That part of the Bill needs to be looked at in detail to ensure it is clearer.

Richard Bacon Portrait Mr Bacon
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Q 95 So a volume house builder offering a fifth choice of tile colour, rather than just four choices, would not meet your standard.

Brian Berry: Absolutely. That is right.

Andrew Whitaker: We are rather concerned about that, too. A lot of the smaller developers who are members of our federation are very keen to provide what you would imagine to be custom build. The parody that you paint of course should not be allowed, but we think the definition goes a lot further than that and will exclude some genuine custom built products.

Richard Bacon Portrait Mr Bacon
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Q 96 Really?

Andrew Whitaker: Yes, where the customer can determine how the house is built but the developer still builds it. We think the clause goes far too far.

Richard Bacon Portrait Mr Bacon
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Q 97 Really? Can you give an example of a custom house building product that would be excluded under the definition?

Andrew Whitaker: If a developer is offering a custom build product—we have members who are doing this—whereby you get to choose, for example, the internal layout of your property, that to our mind would be excluded by the clause, yet that is a perfectly reasonable definition of custom build.

Richard Bacon Portrait Mr Bacon
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Q 98 Why? The specification would then be wholly or mainly determined by the client, would it not?

Andrew Whitaker: No, because you do not have the ultimate choice about the internal arrangement of the house. You get to pick from a range. Not all house types fit within the skin of a particular house.

Richard Bacon Portrait Mr Bacon
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Q 99 The exterior walls are obviously defined, but if the client or customer can decide where the walls and floors go or do not go in the interior, that would be wholly or mainly decided by the client, would it not?

Andrew Whitaker: Not if you were picking from a pattern book, which could be any number of different layouts. How many are you suggesting would not be entitled to be a custom build product—two different choices, or five, or 10? That is not made clear.

Richard Bacon Portrait Mr Bacon
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Q 100 When you say it is a pattern book, that makes it sound like a pattern book offered by the volume house builder. Is that what you are saying?

Andrew Whitaker: Not at all—it is not the volume house builder that is providing this custom build product. It is smaller developers who are offering custom build products. They have been given money from the Department for Communities and Local Government to investigate custom build products. That is precisely what they are doing now. They are concerned that this clause will stop them from doing what they are currently doing, under custom build.

Richard Bacon Portrait Mr Bacon
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Q 101 Is not the whole point of a custom build approach that it is the customer who decides, not what you call a pattern book?

Andrew Whitaker: If you start from the point of saying, “Here is the outer skin of the building and that has been determined for all sorts of good planning or urban design reasons,” what you can put in it is limited. That will be explained to you by the relevant builder.

Richard Bacon Portrait Mr Bacon
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Q 102 It is limited by the laws of physics—yes, I accept that. But other than that, it is not very limited, is it?

Andrew Whitaker: Very, yes. The developer will say, “Right, you can choose from 10 different internal floor types.” That is what I am saying. Well—does that meet your definition? We do not think that it does.

Richard Bacon Portrait Mr Bacon
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Q 103 I have one more question, Mr Whitaker. You were talking earlier about quality. The new nationally described space standards are currently guidance. Do you think they should be building regulations?

Andrew Whitaker: We do not think they should be building regulations. We think that all the national regulations do is set out guidance for people so that, locally, they can determine whether they need them. Therefore they would have to provide evidence as to why they wanted to see bigger houses built in their area and why they were applying the national standard. If people are already proposing houses that meet the national standard, there is no need to have that national standard.

Richard Bacon Portrait Mr Bacon
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Q 104 Mr Berry, do you think it would be helpful if space standards were turned into building regulations, so that there was a minimum to which builders had to adhere?

Brian Berry: Not necessarily, because we do not want extra layers of regulatory requirements on SMEs who are already struggling in terms of access to the market. I understand the concern you raise, because people have talked about space standards and the fact that houses are getting smaller. That probably reflects the state of the housing market in this country, though, where we are struggling to deliver the number of homes that are required because of certain barriers that need to be addressed. There are other issues, therefore—one of which is to get more SMEs back into the market, which might overcome this and deliver the homes that are required in terms of supply and demand.

Matthew Pennycook Portrait Matthew Pennycook (Greenwich and Woolwich) (Lab)
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Q 105 I have two questions, if I may. First, many people who are likely to access starter homes are likely to be in a position to buy in any case. Do you think the Bill as it stands will widen the pool of potential home buyers?

Brian Berry: I would have thought that it would. We know that 86% of people in this country aspire to owning their own home. Owner-occupation levels have dropped over the last 10 years. We support owner-occupation and this is a means to encourage more people to get on the housing ladder. We feel that this is another leg up for people, when prices are moving year on year. Yes, I conclude that it is positive.

--- Later in debate ---
None Portrait The Chair
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Before I call the next speaker, it may help the Committee to know that we expect a Division in the Chamber at 4.40 pm. Therefore I intend, with the Committee’s agreement, to wind up this session at 3.55 pm in order to get the next panel in before the Division. That gives another 10 minutes in this session.

Richard Bacon Portrait Mr Bacon
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Q 194 We heard from the previous witnesses from Shelter and Crisis that there is “nothing in the Bill for social renters”. As people running housing associations, do you think there is anything in the Bill for social renters?

David Montague: The overall picture is very positive and is backed up by statements from the Minister, from the Secretary of State and from the Prime Minister. A million homes over five years—we are totally behind that. We are very pleased to see efforts to release brownfield land and for the planning process to support the provision of new housing, but I am concerned that there is not enough in there for social rented housing.

Sue Chalkley: I entirely agree. We will do our best to continue providing affordable, rural, rented housing, and we support the general thrust of the Bill to deliver more homes of any tenure, but the Bill itself does not really incentivise more social rented housing.

Tim Pinder: I largely agree with that. I was struck by some work that the Halifax did recently on people who are renting, which found that 15% of renters across all sectors have no aspiration for home ownership. So, welcome though the Bill’s provisions are for starter homes, there is that chunk of people for whom I do not think there are provisions in the Bill to assist. However, I think that our ability to re-provide, probably, more than one to one and right to buy, means that, in that respect, there is something for social renters.

Mark Patchitt: I agree with the previous comments.

Richard Bacon Portrait Mr Bacon
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Q 195 I am specifically thinking of vulnerable groups, such as the disabled, the unemployed, those on benefits and homeless ex-servicemen and women. The Community Self Build Agency seems to think that the approach of self-build can do something for all those groups. On the front page of its website it says:

“I was encouraged by the local council to apply for the CSBA Scheme, I rang them and said; ‘I am disabled, unemployed, on benefits and I know nothing of building.’ They said; ‘You fit all the criteria!’ I have never looked back.”

None of you, in your answers, mentioned self-build, although that is chapter 2 of the Bill. What do you think self-build might do to help you? This refers to different kinds of tenure, including affordable rent and shared ownership, both of which the Community Self Build Agency does. What do you think that you, as housing associations, might do in this space?

David Montague: Self-build has a really important role to play, but will it deliver a million homes over five years? I fear that it will not. Will it deliver 50,000 homes a year in London? I do not think it will. Everybody has a role to play, but there is so much more than self-build that needs to be offered as a solution.

Sue Chalkley: I absolutely think that the solution is lots of little schemes. I really like the Self-build and Custom Housebuilding Act 2015. We held a landowners conference in Newmarket three weeks ago and we have been overwhelmed by landowners expressing an interest in doing self-build. We are following up a number of leads at the moment, so we feel really positive about that. It is a good, local solution that will be something that the local community will own and be proud of.

Tim Pinder: We have had discussions with the local authority about making provision on our sites—as we develop them for either shared ownership or for rent—available for self-builders as well, so we are happy to accommodate them as part of the mix, as Sue suggests.

Mark Patchitt: I think it can be complementary. It is a very intensive support system to help self-building get off the ground—it takes a lot of human resources and time—and we have preferred to concentrate our efforts on commercial building, affordable building and other off-site manufacturing ways of trying to add quantity to the whole output.

Richard Bacon Portrait Mr Bacon
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Q 196 Is there anything in law which prevents housing associations—which, after all, are actors who play in the space at scale—from promoting mutual housing co-operatives and taking part in them?

David Montague: I doubt whether there is.

Sue Chalkley: I do not think so.

None Portrait The Chair
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We do not need to hear from all four of you.

Richard Bacon Portrait Mr Bacon
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Q 197 If you wanted to do that, you could?

Sue Chalkley: There are co-operatives that are housing associations.

Richard Bacon Portrait Mr Bacon
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Q 198 Yes, but if you as housing associations wanted to support new co-operatives and take part in them, you could do so?

Sue Chalkley: Yes.

Gareth Thomas Portrait Mr Thomas
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Q 199 Mr Montague, can you flesh out a point you made in your opening remarks about your concerns that the Bill will not add to supply in London?

David Montague: We believe there is a lot that is positive in the Bill, as I mentioned earlier—brownfield sites and so on—which will help us to deliver more homes in London. The tides that we are swimming against in London are the loss of local authority stock that will be difficult to replace and the effect of the starter home initiative, which is still difficult to determine. Our fear, as others have suggested, is that it will replace social housing.