Localism Bill

Roberta Blackman-Woods Excerpts

Monday 7th November 2011 Commons Chamber

[Andrew Stunell]

The amendments focus on the community right to challenge, on assets of community value, and on council tax referendums. As the Minister of State, my right hon. Friend Member for Tunbridge Wells (Greg Clark), said at the beginning of our debates, the fundamental aim of the Bill is to shift power away from central Government and back to local communities. This part of the Bill enables decentralisation to be taken beyond the town hall, so that we can empower communities and enable them to play a bigger part in local life, whether their aim is to improve local services or to save treasured assets. Community rights will give communities more opportunities to do exactly that. When it is successful, it will give them a chance to compete to deliver those services themselves, using local knowledge, expertise and innovation to improve local services.

Assets of community value will hand communities the initiative so that they can identify important local assets such as the old town halls, village shops and pubs that are of value to community life. There are already many good examples across the country of communities coming together to take over local pubs, shops, libraries and community centres. I think that all of us will have seen examples—if not in our constituencies, during visits to other areas. However, there are many more cases in which communities have missed out because they were not aware that a building was up for sale, or because when they discovered that, they lacked the time to make a viable bid. The new right will make it easier for communities to save local assets that are important to them, and will give them the time that they need to prepare a bid to take them when they come up for sale.

We are also replacing central Government capping with council tax referendums. I had intended to say more about that, but I think that I covered it adequately in the last debate.

A wide range of bodies have said that the powers and opportunities that we are providing are long overdue and very welcome. The National Association for Voluntary and Community Action, the Association of Chief Executives of Voluntary Organisations, the National Council for Voluntary Organisations and Locality have all expressed the view that we are doing the right thing, and during the Bill’s passage Members on both sides of the House have expressed broad support for the principles of our reforms.

However, Members wanted us to go further in some respects, and expressed concern about the details of a number of other aspects of our proposals. As my right hon. Friend said, we have been in listening mode throughout. We have considered the points that have been made not just by Members of the House of Commons, but by peers and interested parties outside. The hon. Members for Birmingham, Erdington (Jack Dromey) and for Worsley and Eccles South (Barbara Keeley) played an important role in the debates that led to the amendments, and in the other place Lord Greaves, Lord Tope, Lord Patel of Bradford and Baroness Hamwee made helpful contributions.

Although we had some excellent debates here in Committee and on Report, we did not think it appropriate to amend the provisions until we had had a chance to consider all the responses to the consultation carefully. That consultation closed in May. Following consideration of the responses and the debates in the House of Lords, we tabled amendments on Report intended to improve the workability of the provisions in the Bill and strengthen their effectiveness.

On the right to challenge, the consultation and debates in both Houses demonstrated that there was an appetite to extend the reforms, but also that there were concerns about the prescription in the Bill. To address the former, amendment 115 makes it clear that the right could be extended to require a Minister or Government Department to consider expressions of interest. To address the latter concern, we have removed a number of delegated powers, particularly those allowing the Secretary of State to prescribe time scales associated with the right to challenge. Instead, under amendments 118 to 121 it will be for local authorities to set their own time scales, while having regard to factors to be set out in guidance.

There are also a number of minor amendments to the right to challenge. I will not detain the House by describing them in detail, but, for example, we have made it clear that the definition of community body in the provisions does not include a public or local authority, and we have ensured that if the right is extended, it would continue to apply only to services provided in England.

There has also been broad support for the principle of giving communities greater opportunities to identify assets of community value and more time to raise the funds. We have also had constructive discussions about improving the practical application of the provisions and avoiding overly detailed rules. I would particularly like to thank Lord Gardiner of Kimble, Lord Cameron of Dillington, Earl Cathcart and Lord Howard of Rising for their contributions to improving these provisions.

We have listened carefully, and amendments 122 to 126 define land of community value based on principal use for social well-being and social interests, including cultural, recreational and sporting interests. Amendments 127 to 130 make it clear that only a voluntary or community body with a local connection may nominate an asset to be listed by a local authority, which will safeguard against vexatious nominations by individuals. We have also improved the workability of these provisions by exempting certain types of relevant disposal: those where the community is not at risk of losing the asset. Amendments 140 and 144 exempt several types of relevant disposals from the moratorium in the Bill. As a result, the provisions will not cover situations such as where a village shop is to change hands as a going concern and the community will still get the benefit of a shop, nor will they capture a situation where a transfer is made between family members or through inheritance or gifts. Further exempt disposals will be set out in regulations. Most importantly, we have ensured that groups will have enough time to raise funds to buy assets; that was a key concern of community groups.

Amendments 141 to 145 specify that the interim moratorium will be six weeks, the full moratorium will be six months, and the protected period in which a further application cannot be made will be 18 months, starting from the first date. In other words, there will, in effect, be a 12-month moratorium period. We have also reduced the amount of prescription. Amendments 131, 132, 134 and 135 give local authorities greater freedom to decide how to administer and publicise lists of assets of community value in their local area. In summary, these amendments will ensure that the provisions give communities a powerful new tool to preserve assets of community value, while ensuring that we do not create unintended consequences.

These reforms were welcomed by the National Association for Voluntary and Community Action and by the Country Land and Business Association. When both those organisations claim victory, it is clear that we must be doing something right.

Finally, this group also contains a number of smaller technical amendments, which include provision for ensuring that levies made on local authorities by levying bodies are not part of the calculation on whether a council tax increase is excessive, and for ensuring that only residents, and not business voters, in the City of London are entitled to vote in a council tax referendum. I hope that that gives at least a little comfort to the hon. Member for Hayes and Harlington (John McDonnell). Overall, I hope that hon. Members will agree that these amendments significantly improve the Bill and address issues of common concern, and so will agree to them unanimously.

[Roberta Blackman-Woods (City of Durham) (Lab)]

Labour Members broadly support the amendments, which support some of the points made earlier by my hon. Friend the Member for Warrington North (Helen Jones). This whole part of the Bill had to be substantially rewritten following discussions in this Chamber, in Committee and in the other place. Although it purported to give communities more power over their areas, it actually gave a lot more power to the Secretary of State to outline the time scale for local authorities to consider a transfer of community assets and on what those were. We are pleased, therefore, that a definition of land of community value has been put in the Bill and that some of the ridiculously prescriptive powers relating to the community right to bid have been removed or put where they should have been put—with local authorities. We are also pleased that the amendments should enable local authorities to set and publish their own time scales for deciding on community expressions of interest. I hope that that is helpful to them and to the local communities that wish to take over assets.

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[Greg Clark]

I concur with that.

Overall, the amendments improve the Bill. I am grateful to their lordships for the time they spent scrutinising and approving them, and to all Members of this House and the other place who participated in initiating the amendments we have back with us today.

[Roberta Blackman-Woods]

I want to try to deal with a number of issues arising from the Lords amendments very quickly indeed. I shall start with amendment (a) to Lords amendment 154 on transitional arrangements.

As with many other key aspects of the Bill, hon. Members will know that discussions have already taken place in this House and in the other place about the need for some form of clear transitional arrangements to be specified in the Bill. In the early stages, it was evident that transitional arrangements were not at the forefront of the Government’s planning agenda but, as time has gone on, it has become increasingly apparent that, without them, the local planning system could be thrown into chaos and confusion.

As such, it is worth trying one last time to convince the Government of the need to include transitional arrangements in the Bill. That seems particularly necessary because the arrangements are needed very soon. Therefore, the alternative of including them in the national planning policy framework when it is eventually published, which was raised in the other place, is not practical. Previous significant planning legislation in 2004 and 2008 put clear transitional arrangements in the legislation to assist local authorities in moving from one planning system to another. This Bill should do the same.

I heard the Minister’s comments about amendment (a) to Lords amendment 157 on the community infrastructure levy, but Labour Members have grave concerns about the degree of prominence the Government are giving to the issue of unviability and the extent to which that might limit the application of the community infrastructure levy in practice. It is extremely important for there to be independent assessment of the developers’ costs whenever they are arguing unviability. We would like the Minister to consider the matter and if he does not address it in the Bill, to do so in the guidance that accompanies the Bill, so that such a situation does not occur.

The amendment to Lords amendment 369 is very straightforward. In keeping with prescribed requirements, before a neighbourhood planning order can be submitted to the local authority, the amendment would require public consultation to take place. In particular, we want to make sure that community and voluntary organisations get a chance for their voices to be heard. Labour is very keen to ensure, wherever possible, that community and voluntary organisations are able to be fully represented and engaged in the planning process. We would like Lords amendment 369 to be strengthened if possible.

I do not wish to go on at length about our amendment to Lords amendment 370, because we have had a number of opportunities to discuss the need for the Bill to have a definition of sustainable development. The current definition in the NPPF is not strong enough, and we would like the Minister to consider taking on board the definition in the 2005 sustainable development strategy. That is very important.

We understand why neighbourhood business areas have been put into the Bill, but we are concerned to ensure that consultation on those areas includes local residential communities. I will finish my comments there because we would, if possible, like to get to vote on amendment (a) to Lords amendment 154 and amendment (a) to Lords amendment 370.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I welcome this Bill and these amendments as we pass powers and responsibilities away from Westminster to local authorities.

There is sometimes a dissonance between the laws that we prescribe here in Parliament and their impact on the front line. I would like to ask the Minister a couple of questions to clarify clause 94 and the abolition of the dreaded regional spatial strategies in relation to a constituency dilemma that we face in Bournemouth. Bournemouth borough council is currently drafting its core strategy—the local plan. That is the significant document of planning intent for the next few years but it is still subject to the old regional spatial strategy because the Bill has not passed into law. The RSS obliges councils to make provision for Gypsy and Traveller sites. Three locations have been earmarked for permanent sites in the proximity of the green belt in the northern part of my constituency. The locals are obviously concerned about this. We had a small debate about nimbyism earlier, but clearly Bournemouth borough council should now have the right to determine whether it wishes to pursue this instead of its being imposed on it by Westminster.

I would argue that three Gypsy and Traveller sites in close proximity in a very quiet part of one single community is a bit much. The area is part of Bournemouth’s very small and diminishing green belt. This is also about sharing and quid pro quo—about assets we have in Dorset that are used by the wider conurbation. For example, we have a vibrant town centre, an airport, and incineration facilities. Bournemouth took the biggest hit as regards housing development following the numbers that were imposed on Dorset by the previous Government; most of the housing built in the county was built in Bournemouth. There is therefore a feeling in Bournemouth that we have already contributed, to some degree, to planning law and planning responsibility. There is therefore a question as to whether it is right for these Gypsy and Traveller sites to be imposed on the area as they have been.

Clause 94 removes the regional spatial strategy, but the Bill is not yet law and the core strategy from Bournemouth borough council has to be submitted. Will the Minister therefore confirm that the removal of the RSS changes the obligations of all core strategies, that there will be an opportunity for councils right across the country to re-submit those core strategies once the Bill receives Royal Assent, and that this all sits well with the other legislation that is affected—the Housing Act 2004, which also covers provision for Gypsy and Traveller sites? I would be grateful for clarification on those issues. To confirm the feelings of residents, I am running a petition that I will shortly hand to the Minister with a collection of signatures to ensure that this message is understood. I look forward to his reply.