Infrastructure Bill [Lords]

Stephen Williams Excerpts
Monday 26th January 2015

(9 years, 3 months ago)

Commons Chamber
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Brought up, and read the First time.
Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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With this it will be convenient to discuss the following:

New clause 3—National Infrastructure Commission—

‘(1) There shall be an independent National Infrastructure Commission.

(2) The Secretary of State may by regulations provide for the appointment, duties, functions and staffing of the National Infrastructure Commission.

(3) Regulations made under subsection (2) may make provision for any consequential matter that the Secretary of State considers is necessary to establish the National Infrastructure Commission.

(4) Regulations made under subsection (2) shall be made by statutory instrument.

(5) A statutory instrument under this section shall not be made unless a draft of it has been laid before and approved by both Houses of Parliament.

(6) In this section—

“National infrastructure” means infrastructure of strategic significance in or relating to the sectors including—

(a) transport covering ports, transport networks (including railways and roads) and aviation;

(b) energy;

(c) flood defences;

(d) hazardous waste;

(e) telecommunications;

(f) water; and

(g) such other sectors as are prescribed.”

New clause 12—Abolition of the Planning Inspectorate—

‘(1) The Planning Inspectorate is abolished.

(2) Subject to paragraph (3), all the functions of the Planning Inspectorate are transferred to the Secretary of State for Communities and Local Government.

(3) The functions of the Planning Inspectorate in relation to Wales are transferred to Welsh Ministers.

New clause 16—Use classes and demolition: drinking establishments—

‘(1) The Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) is amended as follows.

(2) At the end of section 3(6) add—

“(n) as a drinking establishment.”

(3) In the Schedule, leave out “Class A4. Drinking Establishments”.

(4) The Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) is amended as follows.

(5) In Part 3 of Schedule 2 under Class A: Permitted Development, leave out “A4 (drinking establishments)”.

(6) In Part 31 of Schedule 2 under A.1 add—

“(c) the building subject to demolition is classed as a drinking establishment”.”

The purpose of this New Clause is to aim to ensure that any proposed demolition of or change of use to public houses and other drinking establishments would be subject to planning permission. Currently such buildings can be demolished or have their use changed without such permission being granted.

New clause 20—Community right of appeal—

‘(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert—

“(2A) Where a planning authority grants an application for planning permissions and—

(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or

(b) the application is not supported by policies in an emerging development plan;

certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.

(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permissions in the circumstances specified in subsection (2A) above are—

(a) the ward councillors for the area who have lodged a formal objection to the planning application in writing to the planning authority, or where there is more than one councillor, all councillors by unanimity;

(b) any parish council or neighbourhood forum by two thirds majority voting, as defined in Section 61F, covering or adjoining the area of land to which the application relates is situated; or

(c) any overview and scrutiny committee by two thirds majority voting.

(2C) The conditions are:

(a) the application falls within the definition of “major development”;

(b) the application is accompanied by an environmental impact assessment;

(c) the planning officer has recommended refusal of planning permission.”

(3) Section 79 is amended as follows—

(a) in subsection (2), leave out “either” and after “planning authority”, insert “or the applicant (where different from the appellant)”;

(b) in subsection (6), after “determination”, insert “(except for appeals as defined in section 78 (2A) and where the appellant is as defined in section 79 (2B)).

(4) In this section—

“emerging” means a development plan that is being examined by the Secretary of State, or is due to be examined, having met the public consultation requirements necessary to proceed to this stage; and

“major development” means cases within categories defined in guidance produced by the Secretary of State.”

Government amendments 84, 45 and 46.

Amendment 53, page 27, line 9, in clause 28, at end insert

“provided that any designated property, rights or liabilities to be transferred pursuant to a scheme—

(a) have been classified as surplus;

(b) do not compromise land forming part of a common, open space or fuel or field garden allotment;

(c) do not extinguish any public right of way;

(d) are subject to transparent reporting of all aspects of the transaction to the Land Registry; and

(e) shall be subject to a test of viability that is underpinned by guidance and an open book approach.”

Government amendment 85.

Amendment 52, page 34, line 2, leave out clauses 30 to 32.

Amendment 54, page 34, line 36, in clause 33, at end insert

“and shall relate to buildings or developments of any size”.

Amendment 67, page 34, line 36, in clause 33, at end insert—

“(e) carbon abatement offsite must only be considered exceptionally, where:

(i) it has been demonstrated that the carbon abatement can not reasonably be met on the development site, and

(ii) the homes on the development site achieve a high standard of energy efficiency.”

Amendment 71, page 35, line 5, in clause 33, at end insert

“and where the requirement cannot reasonably be met on the building site.”

Amendment 72, page 36, line 21, in clause 33, at end insert—

‘(7) No variation to the requirement of the building regulations in respect of a building’s contribution to or effect on emissions of carbon dioxide may be made solely by regard to the number of buildings on any particular building site.”

Government amendments 91 to 93, 95, 100, 102 and 104 to 106.

Amendment 74, page 128, line 2, in schedule 8, leave out from “sharing” to end of line 4 and insert

“do not change its appearance.”

Amendment 75, page 132, line 20, in schedule 8, leave out paragraph (b).

Amendment 118, page 165, line 28, in schedule 8, leave out “or other vegetation”.

Amendment 119, page 165, line 30, in Schedule 8, leave out “or vegetation”.

Amendment 120, page 165, line 41, in schedule 8, leave out “or vegetation”.

Amendment 121, page 165, line 41, in schedule 8, leave out from “lopped” to second “to” in line 42.

Amendment 122, page 166, line 2, in schedule 8, leave out

“or cutting back of the vegetation”.

Amendment 123, page 166, line 11, in schedule 8, leave out from “lopped” to end of line 12.

Amendment 124, page 166, line 13, in schedule 8, leave out “or cuts back vegetation”.

Amendment 125, page 166, line 16, in schedule 8, leave out “or vegetation”.

Amendment 126, page 166, line 24, in schedule 8, leave out

“or cutting back of the vegetation”.

Government amendments 107 and 108.

Stephen Williams Portrait Stephen Williams
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The group touches on an incredibly wide range of issues, but I shall concentrate my remarks on the amendments and new clauses that have aroused significant interest across the House.

Government new clause 14 relates to the Greater London Authority’s powers to incur expenditure on transport elements of housing and regeneration projects. This matter was raised in Committee by my hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi), and I promised him that I would look urgently at the legislative options available to address this important issue. We have concluded that it is necessary to make a minor change to the Greater London Authority Act 1999 and have therefore proposed the new clause.

The new clause removes a prohibition in section 31 of the Greater London Authority Act preventing the GLA from incurring expenditure on anything that may be done by its functional body, Transport for London, if it relates to housing and regeneration. We are making this change to the 1999 Act because the GLA has said that, because TfL’s powers are wide-ranging, they preclude the GLA from incurring expenditure on anything transport related. This includes expenditure on transport elements of projects to deliver housing, jobs and growth in London, which the GLA has been responsible for since 1 April 2012, when it took on the roles, land and contracts of the former London Development Agency and the Homes and Communities Agency in London. The new clause will apply in relation to expenditure incurred by the GLA before, as well as after, the coming into force of the new clause, because it was clearly the intention of Parliament that the GLA should have powers equivalent to those of the LDA and HCA following the Localism Act 2011. Making this change to the 1999 Act is therefore essential to ensure that the GLA can deliver new homes and jobs for London.

Government amendment 95 provides for new clause 14 to extend to England and Wales only, and Government amendment 102 provides for the amendment to the 1999 Act to come into force on the day the Act is passed. Government amendment 85 relates to clause 29 and will ensure that future purchasers of land owned by the HCA, GLA and mayoral development corporations can develop and use land without being affected by easements and other rights and restrictions. Clause 29 will bring the position of purchasers of land from the HCA, GLA and MDCs into line with those currently enjoyed by purchasers from local authorities and other public bodies involved in regeneration and development.

Robert Neill Portrait Robert Neill (Bromley and Chislehurst) (Con)
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May I welcome the new clause and thank the Minister, along with the Minister of State, Department for Transport, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), for engaging with us on this important matter? It is extremely helpful to the GLA and much welcomed by the Mayor.

Stephen Williams Portrait Stephen Williams
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I thank my hon. Friend, a former Minister in the Department, for his intervention. We did indeed seek to concur with the GLA: it identified the problem, and now we have introduced the solution.

I turn to new clause 3 and Labour party policy on the proposed introduction of a national infrastructure commission. The Bill covers a range of important issues, but the debate we had in Committee on this proposal from the Opposition was one of the more thoughtful and interesting: we dealt not only with the intricacies of formulating infrastructure policy, but with the role of the Government and Members of Parliament in formulating a vision for rail, road, energy and other infrastructure development? I am grateful to the hon. Member for Birmingham, Northfield (Richard Burden) for re-tabling the new clause and allowing us to deal with these issues again.

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Andrew Miller Portrait Andrew Miller
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In Committee, I brought hon. Members’ attention to the fact that, while we were debating the Bill, the Institute for Government published a document entitled “The Political Economy of Infrastructure in the UK”, which drew conclusions similar to those in the Opposition’s new clause. Has the Minister had a chance to read the document, and will he be replying to the Institute for Government?

Stephen Williams Portrait Stephen Williams
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In recent weeks and months, the question of whether to set up a separate body has been much debated in both Houses, and many people outside Parliament, including the Armitt commission set up by the Opposition, have contributed thoughtfully to that debate. All of that has informed our discussions, but the Government take the view that it is up to Ministers, accountable to Parliament, to set out the infrastructure vision for the development of our country. It is not something we should subcontract to another body; it should be up to us. Our constituents should make representations to hon. Members to inform our deliberations, rather than feeling they have to go to a non-elected body to make those important recommendations.

Nick Raynsford Portrait Mr Nick Raynsford (Greenwich and Woolwich) (Lab)
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In the light of those remarks, will the Minister tell the House whether the Government were right to subcontract the issue of airport capacity to Sir Howard Davies?

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Stephen Williams Portrait Stephen Williams
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It is tempting to debate whether there should be a third runway at Heathrow or whether it should be built at Gatwick—we have all seen the adverts on the tube and elsewhere in London—but I do not think you would want me to go down that path, Mr Deputy Speaker.

We recognise the need for one interconnected strategy for all our infrastructure networks.

Julian Lewis Portrait Dr Julian Lewis
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Will the Minister reassure my constituents in public, as the Minister of State, Department for Transport, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), has tried to do for me in private, that given a proposal such as the massive port development at Dibden bay, on the edge of the New Forest, which was stopped by a year-long public inquiry, the forest would be no less protected as a result of the Bill?

Stephen Williams Portrait Stephen Williams
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I can repeat the reassurance—because he has just given it to me—that my right hon. Friend the Minister gave to my hon. Friend: the Bill will provide no less protection than currently exists in the planning system.

Following advances in delivery, the natural next step is to establish a long-term infrastructure investment strategy. The Government have already begun this process: we have developed the road investment strategy, which will treble spending on our strategic roads, and established an ambitious new energy market strategy to incentivise additional electricity capacity and support low-carbon electricity generation.

Lord Beith Portrait Sir Alan Beith (Berwick-upon-Tweed) (LD)
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The Minister just mentioned the Bill’s relevance to the roads investment strategy, which I take to include the dualling of a large part of the A1 in my constituency. Am I right in thinking that the mechanism in the Bill gives some assurance that future Governments will have an obligation to continue with that responsibility?

Stephen Williams Portrait Stephen Williams
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My right hon. Friend is an astute parliamentarian and he takes every opportunity to raise the dualling of the A1 in his constituency. The Government have already made significant investments on that road, and I am sure that the next Government will see what more can be done to speed up travel through his beautiful constituency.

However, we have serious reservations about the model proposed by the Labour party today. As I have said, the Armitt review was clearly a genuine effort, from a well-respected source, to find a solution to the long-term infrastructure challenges that our country faces. None the less, its recommendations appear to establish a rigid, process-driven and bureaucratic body. There is a danger that this type of bureaucracy would stifle the innovative process needed to resolve the challenges facing UK infrastructure.

Establishing such a commission would also present significant complexities. For example, the commission’s assessment would be debated in the House and if the majority disagree with one aspect of the assessment and vote against it, the whole process, as we understand it, would have to start all over again. This kind of to-and-fro is clearly not what is intended by the proposals, and the uncertainty that would follow could be detrimental to the environment for infrastructure investment. There are other areas of the proposed commission about which we have real misgivings—not least the new powers that would enable the Government to give directions and guidance to independent economic regulators. This could severely threaten the trust investors have in the stability of the UK’s regulatory regime.

In conclusion on new clause 3, the Government have already begun to tackle some of the barriers to delivery, and this has led to £460 billion-worth of public and private investment planned over the course of the next Parliament and beyond. While the Government welcome public discussion and ideas for infrastructure strategy, changing the way we oversee and set UK infrastructure strategy must not be something we rush into without due care and thought. The concept of a national infrastructure commission proposed by the Opposition remains an unproven and untested idea.

Let me deal now with new clause 16, about protection for pubs, which I know has aroused a good deal of interest around the House. The Government are certainly aware of this strength of feeling, and as a constituency MP, I deeply understand people’s concerns that pubs that are valued by the community could be lost to them because of the regulatory environment in the planning system and elsewhere, which has not supported the community in the past. Several years ago, I campaigned in my constituency to save a pub called the Ashley Court hotel in St Andrew’s in Bristol, and there was nothing we could do about it as planning law stood at that time—back in 2008. We could not stop the pub’s owner from selling it to a housing developer, which demolished the pub, one of the best viewing platforms in the whole of the city of Bristol.

Now, however, there is protection in the national planning policy framework and in the Localism Act 2011, enabling people to list an asset as one of community value. The most popular use of this asset of community value legislation is for public houses, and we propose to go even further today.

Brian Binley Portrait Mr Brian Binley (Northampton South) (Con)
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Is not the argument that the Minister has just made the perfect argument for new clause 16?

Stephen Williams Portrait Stephen Williams
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It is not, because the planning use class orders deal with the totality of asset use classes right across the country. What most of us would be concerned about—whether in Northampton or Bristol—is whether the assets of real value to our constituents, such as the pubs that are truly popular and provide a wide community benefit, whether or not they have a community hall, are at risk. That is more important than dealing with every single pub, whatever the circumstances. If my hon. Friend listens to what I have to say, I hope he will be reassured.

I draw attention to the written ministerial statement laid today by me and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Keighley (Kris Hopkins), who is responsible for community pubs, on the introduction of secondary legislation at the earliest opportunity to build on the existing protections to help communities preserve those pubs that benefit the community the most.

As part of our steps to strengthen community rights, we have already given local people the opportunity to nominate assets to be placed on a local register of assets of community value—those assets that are most important to them. More than 1,800 sites have been listed in this way, over 600 of which have been pubs, making them by far the most popular type of asset to be listed.

Lord Soames of Fletching Portrait Sir Nicholas Soames
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This news will be warmly welcomed in Mid Sussex, where we have had some real trouble on this front. Are there any criteria in the Minister’s excellent proposal relating to what councils may put on their community asset lists to be protected?

Stephen Williams Portrait Stephen Williams
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The Localism Act 2011, the regulations, the guidance issued by the Department and statements by Ministers are quite clear that all that needs to be done to prove that an asset is of community value is for 21 members of the public to sign a declaration to the local authority—to Mid Sussex district council, for example—saying that the asset is important to them. As long it is not a private residence or a form of other asset precluded in the Localism Act 2011, the council must list it as an asset of community value, and there should be no gold-plating of the regulations as they are currently drafted. It is a very straightforward procedure, so I encourage my right hon. Friend to encourage his communities to adopt this policy.

The listing allows the local community the opportunity to develop a bid to purchase the asset, should it come up for sale. We have seen some positive examples in the case of pubs—the Angler’s Rest in the Peak district and the Ivy House in Camberwell, for example—where listing has helped to prevent the pubs from closing. We want to do more.

Anne Marie Morris Portrait Anne Marie Morris (Newton Abbot) (Con)
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I am interested in the Minister’s comments. My concern is that where a council chooses not to determine that a pub or any other asset is a community asset, there is no right of appeal. That is a real issue. If the council has a particular interest, could there not be conflict?

Stephen Williams Portrait Stephen Williams
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My hon. Friend came to see me to discuss a particular example in her constituency. I believe the problem was that the local authority itself owned the piece of land in the Newton Abbot area. Ministers have been quite clear to local authorities that they should not put artificial obstructions in the way of listing assets of community value. There have been other examples where people have asked about requirements for business plans, but these are not contemplated at all under the Localism Act 2011, so local authorities should not be doing this. The provision is designed to be simple for residents to use and to be simple for them to identify an asset that is important to them. As long as the 21 signatures of support are obtained, the council should list the asset.

Although national permitted development rights are important in creating a flexible planning system, we recognise that there are cases were individual local consideration is merited. We will therefore remove the permitted development right that allows for the change of use from pubs to shops, financial and professional services, and restaurants and cafes or for the demolition of any pubs as long as they are listed as an assets of community value. This will mean that, for these pubs, a planning application must be made to a local planning authority before a change of use or demolition of a pub can take place. This gives the decision back to the council representing the local community.

Martin Horwood Portrait Martin Horwood (Cheltenham) (LD)
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My hon. Friend should be proud of his record in supporting local pubs, both nationally and locally. The announcement he has just made is very welcome—it is an improvement to the provisions on asset and community value use. On the theme of not putting undue obstacles in the path of protecting local pubs, surely it would be simpler to adopt new clause 16—instead of going through the process of the asset of community value, which has its risks and its problems, putting them in the path of protecting local pubs.

Stephen Williams Portrait Stephen Williams
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I hear what my hon. Friend says. I can assure him that the Government have not pulled this rabbit out of the hat today as a sort of emergency response. This is something that I and my colleagues in the Department for Communities and Local Government have discussed for some time, going back several months. The issue has been explored with the Campaign for Real Ale, which is an important partner for the Department, and particularly for me, in rolling out adoption of all these community rights across the country. CAMRA has run a campaign to urge its members to list a pub as an asset of community value. Its advice—and the Government’s advice—is completely consistent and joined up. If people think a public house in their village, suburb or, in my case, city centre is important, they should list it now. They should not wait for or anticipate a threat, but list it now.

That will protect a pub from any future change of ownership. Our proposal deals with the, in fact, quite reasonable criticism from CAMRA and others that the existing protection, although welcome, does not go far enough, because it does not include planning protection. Listing a pub as an asset of community value not only gives the community a chance to gain ownership of that pub, but secures the full protection of the planning system.

Greg Mulholland Portrait Greg Mulholland (Leeds North West) (LD)
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CAMRA fully supports new clause 16, which provides for a simpler, cheaper, less bureaucratic way of protecting pubs. The House needs to be clear about what we shall be voting on when we vote on the new clause, as we will. It is simply this: do we think that any application to change the use of a pub to something fundamentally different by converting it to a supermarket or a solicitor’s office, or to demolish it, should be dealt with by the planning process so that local people can have a say? If the pub is not viable, the application will proceed. It is a simple vote: do we think that that is an important principle or not? The Government’s proposal is complicated and unnecessary.

Stephen Williams Portrait Stephen Williams
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I think that my hon. Friend—who has a good record of campaigning on behalf of beer drinkers and community pubs—is trying to make our proposal sound complicated when we should be agreeing that what the Government are offering is incredibly straightforward. It should present a challenge to all of us, whether we are in Bristol West, City of Durham or, indeed, Leeds North West. If we cannot persuade 21 people to recognise that a pub in one of our constituencies is important, we shall not be doing terribly well as campaigners.

This is, in fact. a good campaigning opportunity. Members, who will currently be in campaigning mode, can go out into their communities and, possibly working with their local branch of CAMRA, identify pubs that are particularly important to them. Once the list is in place—and the procedure is very simple—the full protection of the planning system will follow.

Peter Luff Portrait Sir Peter Luff (Mid Worcestershire) (Con)
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Let me begin by drawing attention to my entry in the Register of Members’ Financial Interests.

I am encouraged by what the Minister is saying. I was attracted to new clause 16, but I think that his compromise —or alternative—proposals have their attractions as well. He said earlier that secondary legislation would be introduced at the earliest opportunity. Will that happen during this Parliament?

Stephen Williams Portrait Stephen Williams
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Yes. In this instance, terms such as “earliest opportunity”, “shortly” and “soon” really do mean that. We all know that we are up against the buffers of a fixed-term Parliament, which is a very good constitutional initiative. When I say “at the earliest opportunity”, I mean “at the earliest opportunity”. In other words, we hope that the statutory instrument to which my hon. Friend has referred will be published and laid before Parliament in the next few weeks.

Jonathan Edwards Portrait Jonathan Edwards
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Has the Minister, or have the Government, given any thought to how the provisions relating to pubs could be extended to local newspapers?

Stephen Williams Portrait Stephen Williams
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Although a newspaper is an important community asset in the widest sense, it is literally here today and gone tomorrow. It is not a permanent, fixed, tangible asset in the community, so the Bill, as currently drafted, could not apply to it. However, the Welsh Government have yet to adopt all the provisions of the Localism Act 2011, although its provisions were available to them at the time. I therefore encourage the hon. Gentleman to put pressure on the Administration in Cardiff to adopt the provisions and protections that already exist in that Act.

Andrew Miller Portrait Andrew Miller
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The Minister said that he would introduce secondary legislation during the current Parliament. Given that there are only 32 or 33 sitting days left before Dissolution, does he intend to introduce secondary legislation that will become law during this Parliament?

Stephen Williams Portrait Stephen Williams
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That is certainly the intention, but I do not want to be drawn into matters of parliamentary procedure. This is a very straightforward change, which builds on provisions that already exist in the Localism Act. It does not require complicated legislation; indeed, it does not require primary legislation. As the hon. Gentleman and others will know, today’s written ministerial statement will carry some weight in the planning system, and a statutory instrument will follow shortly to give full weight to it.

Stephen Williams Portrait Stephen Williams
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I give way to my fellow Williams.

Roger Williams Portrait Roger Williams
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My hon. Friend said that the Welsh Government had not taken full advantage of the Localism Act. In my constituency, and in Wales in general, pubs enjoy the full protection of the planning law, and that includes a real presumption against the closure of the last pub in the village. Is the situation similar in England?

Stephen Williams Portrait Stephen Williams
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Yes. That is exactly the position with which we are familiar all over the country. I have visited several pubs in England that have been listed as assets of community value precisely because they are “the last pub in the village”. I urge my hon. Friend, as well as the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), to put pressure on the Welsh Government to ensure that not only planning protections but “asset of community protections” are in place.

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
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The Minister has told us that once a public house has been listed as an asset of community value, it will benefit from full planning protection. Will he explain exactly what “full planning protection” means in that context?

Stephen Williams Portrait Stephen Williams
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Let me repeat what I said earlier. If a pub is listed as an asset of community value, the owner will be required to obtain planning permission for either a change of use or its demolition. The owner of the pub in my constituency demolished it in order to build flats, but, at the time, planning permission was not required. Our new clause will provide the full protection of planning law, similar to the protection of other assets that are currently sui generis in the planning system. My hon. Friend looks puzzled, but I think that that is clear enough. The new clause will give the full protection for which campaigners are calling to listed assets of community value, but will not offer it to the whole community of pubs throughout the country.

Andrew Griffiths Portrait Andrew Griffiths (Burton) (Con)
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I thank the Minister for this morning’s ministerial statement. Does he agree that, while his proposal will protect pubs that communities really care about, new clause 16, although well intended, could cause pubs that no longer had the support of their community and were no longer financially viable to be boarded up, perhaps vandalised, and to be local eyesores for many months as a result of pointless bureaucracy?

Stephen Williams Portrait Stephen Williams
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The hon. Gentleman has a long and proud record of campaigning on behalf of pubs, and I am encouraged by what he says. I agree that new clause 16 would have those adverse consequences, as well as being flawed in other ways. It would have a detrimental effect on high streets and communities.

James Morris Portrait James Morris (Halesowen and Rowley Regis) (Con)
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The Minister has not mentioned a very real risk that has been raised with me. Sandwell council is currently considering an asset of community value application for the Haden Cross Inn in Cradley Heath, but it seems to believe that the application involves a significant compensation risk.

Stephen Williams Portrait Stephen Williams
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That is similar to examples that I gave earlier, in which councils were conservative, with a small “c”, in their interpretation of the legislation. The Localism Act makes it clear that if 21 people come forward and say, “This is an asset of community value to us”, the local authority should list it unless the criteria set out in the Act apply. The Act contains nothing about compensation, requirements for business plans, or any of the other matters that campaign groups have brought to my attention. We are reviewing the Act, and I trust that all those concerns will be knocked on the head in due course.

Andrew Gwynne Portrait Andrew Gwynne
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The process described by the Minister seems incredibly convoluted, not least because if a listing application is made, the local authority will decide on the application, and it will then receive planning protections. Why not just give the planning protections in the first place, and allow the local authority to decide, through the planning process, whether or not the pub should be saved for the future?

Stephen Williams Portrait Stephen Williams
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Precisely for the reasons just outlined in an intervention from the hon. Member for Burton (Andrew Griffiths), who has a very good record of campaigning in this area. A blanket protection for every single public house in the country, which is what the new clause envisages, would protect pubs that for various reasons are no longer enjoying the patronage of the community. In my constituency, lots of pubs have closed, but it is usually because of demographic change. Some parts of my constituency, which had a “white working-class community” 20 or 30 years ago, are now populated primarily by recently arrived Somalis and other people. Obviously the pubs in those areas have closed, and some have been converted to other uses, but some of them are still derelict. Is the hon. Gentleman really saying that in all those circumstances, whatever they might be, full planning permission should be required simply to change the use of a former pub to something that may be of benefit to the community?

The Government are proposing to look at the public houses that are genuinely popular and valued by the community now, giving them the protection that is already allowed under the Localism Act, and further enhancing that protection under the planning laws, saying, “You cannot convert this pub into another use or demolish it without planning permission.” That should address all the worries that people rightly have about the pubs that really are important to them.

Brian Binley Portrait Mr Binley
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Does my hon. Friend not realise that if a pub is boarded up and the issue goes to the local authority, the local authority will want to move pretty quickly to stop a building becoming derelict? That is not a problem, but does he also recognise that the owner of the building is often not the owner of the business that operates inside that building? Does he therefore share my concern that in certain cases pubcos in particular have sold out even though there was a need locally for the pub to exist?

--- Later in debate ---
Stephen Williams Portrait Stephen Williams
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If there is a need for the pub to exist in the community—whether in Northampton or somewhere else—I would encourage my hon. Friend and all colleagues to get that asset listing in now. That provision has existed since September 2012, and 600 communities have already used it. I would urge all colleagues to go out and identify the pubs that are important to them and their constituents, start a campaign to list them—that can be done very quickly and easily—and with the proposals we have announced today, full planning protection will follow.

Steve Brine Portrait Steve Brine (Winchester) (Con)
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I was very attracted to new clause 16 before coming to today’s debate, but having listened to the arguments and read the written ministerial statement today, it seems to me that this new clause is another classic case of this House over-legislating when legislation is already on the statute book. Is it not the case that what the Minister has outlined with his asset of community value is a classic example of localism being put into action—of using legislation we have already passed in this Parliament and trusting our communities, instead of things being broad-brushed always from Westminster?

Stephen Williams Portrait Stephen Williams
- Hansard - -

I wholeheartedly agree with my hon. Friend. What we have been saying to local authorities around the country is that article 4 directions are already available to them to suspend permitted development rights. They have been reluctant to do that for a whole variety of reasons. The proposals we have outlined today should remove all that uncertainty and allow planning protection to go ahead.

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Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
- Hansard - - - Excerpts

Order. I hesitate to interrupt the Minister and I appreciate that he has taken a great many interventions because many Members wished to ask questions and make points, but he has also taken up a very large chunk of this fairly short debate and I am conscious that many Members wish to speak. I trust, therefore, that as he turns to what is only the third new clause in the group, he will not have to address all 16 amendments.

Stephen Williams Portrait Stephen Williams
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Madam Deputy Speaker, your colleague Mr Deputy Speaker was in the Chair when I introduced my remarks. I assure you that I said very clearly that although this group of amendments raised a whole range of issues, including protection for the European beaver, I was not going to address every single one of them but would stick to the main ones. First, however, I should draw the House’s attention to the fact although it is not in the Register of Members’ Financial Interests, I should state as a ministerial interest that the Planning Inspectorate is based in Bristol West.

My right hon. Friend the Member for Arundel and South Downs (Nick Herbert) tabled new clause 12, which proposes that the Planning Inspectorate should be abolished and its functions carried out directly by the Secretary of State for Communities and Local Government. Planning law requires the Secretary of State to appoint an independent person to carry out appeals and plan examinations. The Planning Inspectorate carries out this function for the Secretary of State. Consistently, two thirds of all appeals support the council’s decision; only 1% of all planning applications nationally are overturned by appeal. The inspector’s role is to undertake an independent examination or appeal on behalf of the Secretary of State. We believe that, in the vast majority of cases, this role is carried out to the highest standards. We are always happy to discuss informally better ways of ensuring that our planning policy is fully understood by inspectors and councils alike.

Rebecca Harris Portrait Rebecca Harris (Castle Point) (Con)
- Hansard - - - Excerpts

I appreciate that the Minister is saying that two thirds of council decisions are upheld, but is he aware that sometimes the Planning Inspectorate is used as bogeyman or fairy-tale villain by large-unit developers or town planners, and the effect is, “Come on councillors, be good children, hurry up with your local plan, put in large sections of greenbelt development; otherwise the Planning Inspectorate will get you”? Wittingly or unwittingly, the Planning Inspectorate is being abused in this way.

None Portrait Hon. Members
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Hear, hear!

Stephen Williams Portrait Stephen Williams
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I hear what my hon. Friend says and she clearly has loud support for that.

Following your exhortation, Madam Deputy Speaker, I will skip the various examples I have of different planning appeals around the country. What I am saying today is that the Government are committed to doing far more to publicise those recent cases widely, to provide reassurance that unsustainable development should be resisted.

We will use the Planning Advisory Service to ensure that our message is clearly understood: the national planning policy framework does not stand for development at any cost. It promotes positive planning and sustainable development. We must ensure that councils have confidence to exercise their responsibilities for the benefit of their communities.

I appreciate the intention of new clause 20, also tabled my right hon. Friend the Member for Arundel and South Downs. It seeks to give communities and their representatives the power to intervene, or “appeal”, certain planning proposals if they oppose the local authority’s decision to grant planning permission. I entirely agree with the premise of giving communities as great a say as possible in planning, and this is at the heart of all this Government’s reforms. I therefore welcome the fact that on 22 January Angmering neighbourhood plan, in my right hon. Friend’s constituency, was supported at referendum with a 97% yes vote on a turnout of 31%. It allocates sites for at least 100 homes, and is the 45th successful neighbourhood planning referendum.

Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con)
- Hansard - - - Excerpts

What would the Minister say to people in Airmyn, in my constituency, who have just had a factory forced on them, against the emerging local plan? We know that councillors were put on the committee specifically to vote for that proposal. People are really angry. None of what the Minister has said will help those people, who want to appeal against this decision to build a factory on greenfield land in a village against the wishes of local people and local representatives.

Stephen Williams Portrait Stephen Williams
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My hon. Friend has put his remarks on the record. He will know that neither I nor any other Minister in the DCLG can comment on a particular plan.

Government amendments 84, 45 and 46 deal with the control of invasive and non-native species. Madam Deputy Speaker, I shall resist the temptation to speak about the European beaver and other interesting items that would have been in my speech.

I turn to the telecoms provisions that were introduced into the Bill in Committee, as we heard earlier. The House will have heard the Minister of State, Department for Transport, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), give the reasons why the Government now wish to withdraw these proposals when he discussed the programme motion. Accepting Government amendments 91, 92, 93, 100 and 104 to 108 would give effect to what my right hon. Friend described at the beginning of our deliberations.

Nick Raynsford Portrait Mr Raynsford
- Hansard - - - Excerpts

When the Opposition urged the Minister’s colleague, who was leading on this issue, to do exactly that in Committee, the Minister who responded accused the Opposition of burying their head, ostrich-like, in the sand. Have Ministers now decided to put their heads in the sand—or do they admit they were wrong?

Stephen Williams Portrait Stephen Williams
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The right hon. Gentleman enjoyed, I am sure, the deliberations in Committee, including my right hon. Friend the Minister telling us about mobile telephone reception in Lincolnshire and having to stand on a chair in order to take a call. This is a serious issue that needs to be dealt with, and the Government have listened very carefully to what was said in Committee and to the representations made by interested bodies. We have decided at this stage to withdraw the proposals as drafted, but this issue will have to be revisited.

I turn finally in this wide-ranging group of new clauses and amendments to the part of the Bill that introduces zero-carbon homes—a part of which I am particularly proud—and the Opposition’s amendments. Amendments 67 and 71 seek to give preference in all cases to on-site carbon abatement measures. That would cause uncertainty and cost to house builders, because the house builder and the building control body would have to agree a “reasonable” on-site energy performance level on a case-by-case basis before any development could commence. The house building industry needs to know the technical requirements and the costs it will face in order to plan for the future. That is why we set specific performance standards in the building regulations —standards we have already tightened twice during this Parliament, and which, as a result of the Bill, will be further tightened in 2016 to make sure that our constituents have the pleasure of living in not only a new home but one insulated to the highest possible performance standards.

With those brief remarks—not quite as brief as you would have liked, Madam Deputy Speaker—I commend the new clauses and amendments in the Government’s name and ask the House to resist those in others’ names.

Roberta Blackman-Woods Portrait Roberta Blackman-Woods (City of Durham) (Lab)
- Hansard - - - Excerpts

As the Minister acknowledged, there are a lot of amendments on different topics in this group, and I will do my best to respond to the Government amendments and speak to the Opposition ones in as coherent and related a way as I can. However, I point out that we have just over half an hour left, and lots of Members want to speak. That again demonstrates that the Government have rushed the Bill and not left enough time for the House to scrutinise it properly.

Government new clause 14 is a technical amendment and provided that the Greater London authority is on board with it, we see no reason not to welcome it.

We welcome new clause 16, in the name of the hon. Member for Leeds North West (Greg Mulholland). His proposals are in line with our localist policy to return decision making about permitted development and change of use class to local authorities and the local communities they represent. We are very much against permitted development being able to ride roughshod over the needs and wishes of local communities, so we welcome the amendment and concur that having to make a pub an asset of community value, or make an article 4 direction, is bureaucratic and burdensome on local communities and not at all necessary. The hon. Gentleman’s new clause provides communities with a straightforward way of saying what is happening to their local pub and whether or not they wish a change to be made.

On Government amendments 45 and 84, the Minister will know that in Committee we called for greater clarity on how the species control agreements would work in practice. For example, when would one be considered complete, and requirements no longer be needed? We therefore support amendment 45 and the Government’s clarifying this point. They have also clarified that landowners who cannot dispose of land due to legal restrictions will still be subject to these agreements and orders. However, important questions remain about the cost and implementation of species control orders that the Government need to answer in statutory guidance.

On Government amendment 46, we are pleased that they have excluded from the species control orders the European beaver, a native species that has established populations in the UK. However, the classification of the beaver under part IB of schedule 9 to the Wildlife and Countryside Act 1981—“Animals no longer normally present”—is bizarre and lists them alongside the wild boar. It seems strange that, despite European beavers being recognised as a native species to the UK and a natural component of British river systems, they will need a licence from Natural England to continue to exist in the wild. The Minister knows that we proposed in Committee an amendment—supported by a number of non-governmental organisations, including Friends of the Earth—stating that the Government’s definition of invasive non-native species should correspond to the EU habitats directive adopted in 1992. It would be interesting to hear from the Minister why they have not gone down that route.

I was very disappointed with the Minister’s response to new clause 3, which seeks to shake up the way we progress national infrastructure matters. It would establish an independent national infrastructure commission in order to offer strategic planning to meet our national infrastructure requirements, and provide a greater degree of devolved power to ensure that large-scale projects also relate, where possible, to local priorities. I was surprised that in Committee, Government Members—and indeed the Minister himself—were so dismissive of the recent CBI survey showing that, despite some advances in national infrastructure policy, the UK is still some way off delivering the transformational upgrades the country needs. There is a widely acknowledged view that we are lagging behind other countries on national infrastructure delivery.

New clause 3 seeks to bring an evidence-based assessment of our infrastructure needs before the House for approval. The process would be supported by sector infrastructure plans, and there would be a time scale for implementation. That would get us out of the parliamentary cycle, and away from the stop-start approach to national infrastructure. All we have heard from the Minister is more complicity and a lack of engagement about the need for a timely upgrade to our national infrastructure.

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Roberta Blackman-Woods Portrait Roberta Blackman-Woods
- Hansard - - - Excerpts

The right hon. Gentleman makes a really good point, which we did not rehearse very well in Committee. If we had had adequate time today, we might have considered the consultation’s shortcomings and the fact that people had to choose from a very limited number of options.

I should point out that we have great concerns about the general carbon abatement provisions. It is really important for the Minister to clarify what the allowable solutions measures will contain. That was not clear in Committee, so we sought clarification, but we still have not received any. Will clause 33 make it a definite requirement for all homes to be built to the equivalent of code level 4?

Stephen Williams Portrait Stephen Williams
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In case I cannot respond on that point later, I can say that it is definitely our intention that on-site requirements should come up to code level 4, and that those for allowable solutions should come up to code level 5. On sites and exemptions, we are obviously looking at the consultation. The number of units will be one factor, but we might look at company size and square meterage—

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
- Hansard - - - Excerpts

Order. We have had a great many interventions in this debate. I appreciate that the shadow Minister has had only a moderately long time in which to speak and that she has a lot to say. However, I must now appeal to all Members: we have 21 minutes left and a great many matters to discuss, so they must all speak quickly. If everybody proceeds with no repetition, hesitation or deviation, everyone will get to speak.

Infrastructure Bill [Lords]

Stephen Williams Excerpts
Monday 8th December 2014

(9 years, 4 months ago)

Commons Chamber
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Stephen Williams Portrait The Parliamentary Under-Secretary of State for Communities and Local Government (Stephen Williams)
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This has been a wide-ranging debate, which is entirely appropriate for a very wide-ranging Bill that spans three Departments and several Government agencies. Between us on the Front Benches we have heard from 25 colleagues, so I hope the House will understand that I cannot respond to every point raised in the time I have available. I will focus on the main points that have been raised on roads, zero-carbon homes and the energy provisions.

On reform to our national road network, the upkeep of our road network is vital for the economy. That is why the Government are investing more than £6 billion in this Parliament, and £12 billion in the next, on highways maintenance for strategic and local roads—enough to resurface 80% of the national road network and fill 19 million potholes a year on local roads. One of the provisions is to convert the Highways Agency into a company that is wholly owned by the Government. Contrary to several observations that have been made, for example by the hon. Members for Hayes and Harlington (John McDonnell) and for Brighton, Pavilion (Caroline Lucas), there is absolutely no intention that the new highways company will be privatised. In response to the question put by the hon. Member for City of Durham (Roberta Blackman-Woods), that applies to the Land Registry, too. The reforms to the Land Registry are necessary to bring local land charges into the 21st century and digitise 348 card indexes around the country. There is absolutely no intention to fatten up either company for privatisation.

Helen Jones Portrait Helen Jones
- Hansard - - - Excerpts

Many of us remember the Government saying that they had no intention of raising VAT either. Would the Minister like to give us a cast-iron guarantee that this wholly owned company will not be privatised by this Government in the future?

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Stephen Williams Portrait Stephen Williams
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I can give a cast-iron guarantee that, during the remaining three or four months of the coalition Government, there is absolutely no chance whatever of the company being privatised. As for what happens in the next Parliament, I am sure the hon. Lady is as aware as I am that no Parliament can bind another, so it will come down to the parties’ manifesto commitments.

The national road network is vital. Even though it represents only 2% of the road length, it carries 30% of all traffic and 60% of all freight and business traffic, and 90% of our constituents will use it every year. My hon. Friend the Member for Tamworth (Christopher Pincher) mentioned the M42 and quoted from G. K. Chesterton. I am sure the Minister of State will enjoy reading it in Hansard tomorrow.

Various questions were raised about the local road network, including by the shadow Minister, the hon. Member for Birmingham, Northfield (Richard Burden). A duty will be placed on the new company to co-operate, including with local authorities, and the road investment strategy will provide long-term certainty of investment and clear performance and delivery expectations. This will give local authorities greater clarity on the implications for the local road network, allowing them to prioritise their investments better. The governance and performance structure will ensure that the strategic highways company forges open and effective relationships with local bodies through their route strategies.

On the hon. Gentleman’s question about spending, I can tell him that £4.7 billion has been spent on local roads this Parliament—27% more than throughout the lifetime of the last Parliament—and we have already announced £6 billion for the period 2015-16 to 2020. He also asked, as did several other Members, about the accountability of the new company. Ministers will remain accountable to Parliament for the way roads are run, and the strategic highways company will be accountable to Ministers for delivering the road investment strategy. Oversight from the Department for Transport, the strategic roads network monitor and our new Transport Focus will ensure that those strategies are delivered.

The Chair of the Environmental Audit Committee, the hon. Member for Stoke-on-Trent North (Joan Walley), made a wide-ranging speech, but in particular she mentioned air quality. The Government obviously take their air quality responsibilities incredibly seriously, and the Bill will place a general duty on the company to consider the environment, including the impact of its operations on air quality. I am sure the report her Committee published today will inform its work.

The Government have invested £400 million this Parliament to support the market for ultra-low emission vehicles, with a further £500 million being invested through to 2020. Specifically on air quality, we have committed £100 million in the roads investment strategy to support improvements in air quality and mitigation for new schemes. I shall come to zero-carbon homes shortly, but I should mention at this juncture that one of the allowable solutions for off-site carbon abatement, across the range of possible measures, could be the development of a national network of electric car charging points—one of the barriers to the growth of low-carbon vehicles. I am sure we would all want to see that.

Further public accountability will be provided by the new watchdog mentioned by the hon. Member for Rugby (Mark Pawsey). We will be converting Passenger Focus into a new body, Transport Focus, which will better describe its reason for existence: it will now be commenting on the state of the roads as well as the modes of transport that use them.

Finally on roads, my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) made an important point about whether the company should have a view to the design and aesthetics of road infrastructure. It was an entirely reasonable point, and it allows me to mention the enjoyable evening I had last night in my constituency, watching a spectacular fireworks display over the Avon gorge marking the 150th anniversary today of the opening of the Clifton suspension bridge. That bridge, designed by Isambard Kingdom Brunel, is surely the most iconic bridge not only in England or the United Kingdom, but possibly in the whole world. In the 21st century, we probably cannot aspire to the magnificent standards of the 19th century, but surely we can improve on the ugly concrete slabs that characterise our motorway network as laid down between the 1960s to the 1980s.

Geoffrey Clifton-Brown Portrait Geoffrey Clifton-Brown (The Cotswolds) (Con)
- Hansard - - - Excerpts

When Brunel was building his bridge, there was no planning and no local inquiry system. If we are really serious about infrastructure in this country and if we are trying to build an extra runway in London or HS2, it will take at least five if not 10 years to get planning permission and the local inquiry through. What can the Bill do to shorten that period?

Stephen Williams Portrait Stephen Williams
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One of its aims is indeed to streamline decision making to make sure that national infrastructure projects are built on time.

A few Members mentioned the part of the Bill that deals with invasive non-native species. Species control orders will be used to support national eradication programmes for newly arrived species in exceptional circumstances. We expect approximately only one such order to be issued a year, and we do not intend species control orders to be used where the reintroduction of former native species is undertaken legally. I hope that reassures the hon. Member for Brighton, Pavilion, who had a particular concern about the European beaver.

The shadow Minister asked about the operation of the habitats directive of the European Union. Our responsibilities under the habitats directive extend only to protecting those European-protected species whose natural range includes Great Britain. Many of the species listed in the habitats directive, such as the crested porcupine and the marsh frog, are clearly non-native to Great Britain and could be invasive. The directive allows for derogations from protection in certain circumstances, including for reasons of public health or environmental protection.

Several Members spoke in support of the deemed discharge proposals to speed up planning consents under the Bill. The deemed discharge of planning conditions is indeed a good example of where a small legislative change, as proposed in the Bill, provides far greater certainty for house builders, other planning applicants and communities. Feedback from the sector is that local planning authorities often take longer than the statutory eight-week period to reach decisions, preventing building work from starting on sites. This measure will help to ensure that local authorities hit the deadlines that they should already be working towards.

Zero-carbon homes is the part of the Bill for which my Department is responsible, and I am particularly proud that we have got to this moment. Concerns were, however, mentioned by the right hon. Member for Greenwich and Woolwich (Mr Raynsford), the hon. Member for Southampton, Test (Dr Whitehead) and my right hon. Friend the Member for Hazel Grove (Sir Andrew Stunell). The intention of clause 32 is to make sure that all new homes achieve a zero-carbon standard from 2016—either through on-site measures or off site where on-site measures are not physically possible. As my right hon. Friend mentioned, there have in fact been two tightenings of part L of the building regulations in this Parliament: one when he held my post in 2011 and one in April this year. Together, those two measures have increased by 30% the energy performance of new homes built with planning permissions after those dates.

From 2016, we want another 20% advance in the energy efficiency of new homes across the mix of housing. Those energy efficiency measures should be done on site where possible, but off site where not. There could be practical reasons why those energy efficiency measures could not be introduced on site. That is why it is necessary to provide for a scheme of allowable solutions. This incorporates a wide range of measures such as the retrofitting of older housing stock—several Members mentioned that there could be a great need for that—and there could be local or national schemes where we need to act together as a nation and not necessarily tie the allowable solutions scheme to local authorities.

Nick Raynsford Portrait Mr Raynsford
- Hansard - - - Excerpts

The Minister said—I hope I quote him correctly—that where it is possible to achieve the zero-carbon standard on site, that should be the objective, and that only where that is not possible should it be off site. Why is he proposing to break that rule in respect of developments of fewer than 10 units?

Stephen Williams Portrait Stephen Williams
- Hansard - -

I am coming on to the proposed exemption for small sites. One sad aspect of the housing crash—when I believe the right hon. Gentleman was the Housing Minister during the last Parliament—was that a lot of small house builders left the market, and they have not yet come back. Many of the measures that the Government are taking are designed to encourage small house builders to re-enter the market. We recognise that the progressive tightening of the building regulations regime—it will have been tightened three times in five years—is a bigger challenge for small house builders than for larger ones. That is why we think that some sort of exemption is necessary. However, we have issued a public consultation so that we can hear from the sector and all other interested parties what the size of that exemption should be. I cannot prejudge the consultation, but some of the figures that have been mentioned, such as 50 housing units, are certainly well wide of the mark.

Lord Stunell Portrait Sir Andrew Stunell
- Hansard - - - Excerpts

My hon. Friend referred to small builders, although the consultation document refers to small sites. Will he confirm that he is planning an exemption for small builders rather than small sites?

Stephen Williams Portrait Stephen Williams
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We will develop the proposals after we have received the results of the consultation. We want this to be a workable, practical way for zero-carbon homes to be built by house builders of all sizes, but one thing we will certainly do when we introduce the secondary legislation that will probably be necessary is to ensure that there can be no gaming of the system by anyone. I hope that gives my right hon. Friend some reassurance.

Let me now say something about the energy provisions. Britain needs more home-grown energy. We expect to be importing nearly 70% of the gas that we consume by 2025 if we do not develop other sources such as shale. We must maximise domestic production of the fuels that we need for the transition to a low-carbon economy, including gas, renewables and new nuclear, and we must use our energy more wisely.

Duncan Hames Portrait Duncan Hames
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Will the Minister give way?

Stephen Williams Portrait Stephen Williams
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I have limited time left.

Both coalition parties know that this is an issue of great sensitivity and concern to many of our constituents. The provisions are narrow, but the Government will listen very carefully to all concerns that are expressed in Committee and on Report, and will seek to address them while the Bill progresses through Parliament.

Duncan Hames Portrait Duncan Hames
- Hansard - - - Excerpts

I thank the Minister for giving way; time is indeed short. In listening to all those concerns, will he ensure that the Bill Committee hears evidence from the Government’s Committee on Climate Change on the impact of the Bill?

Stephen Williams Portrait Stephen Williams
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I assure my hon. Friend that we will take all evidence into account in Committee, as is now the normal practice when Bills progress through the House.

The Bill deals with access to land, proposing that horizontal drilling for shale or geothermal should take place only at a depth of 300 metres or below. As the right hon. Member for Hitchin and Harpenden (Mr Lilley) pointed out in a thoughtful speech, that is far lower than many other drillings underground, including the London Underground. As the son of a miner, I should mention coal mines as well.

The Bill will keep people and goods moving around the country. It will remove some obstacles to house building, and will ensure that new homes are built according to a tough zero-carbon regime. It provides for community ownership of local electricity, and will give Britain long-term energy security. My right hon. Friend the Minister of State—the roads Minister—said that the A303 improvements would be the greatest improvements in the area since the stone age. I am not sure whether that is the case, but it is certainly true that under this coalition Government, investment is revealing the greatest revamp of strategic infrastructure since Victorian times. The Bill makes possible easier delivery of that investment.

I urge the House to reject the amendment, and I commend the Bill to the House.

Question put, That the amendment be made.

Local Rail Services (Bristol)

Stephen Williams Excerpts
Wednesday 29th June 2011

(12 years, 10 months ago)

Westminster Hall
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Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Charlotte Leslie Portrait Charlotte Leslie (Bristol North West) (Con)
- Hansard - - - Excerpts

This debate is on the future of local Bristol rail, an issue that affects not only my constituency of Bristol North West and the city of Bristol but, because the south-west is so important a part of Britain, our nation as a whole.

Bristol is a significant city facing enormous developments, but the transport infrastructure is poor. Traffic congestion at our key motorway junctions can stifle the city and—not unrelated—bus fares are among the highest in Europe. Indeed, instead of being the gateway to the south-west, Bristol and its region can be described as the tourniquet of the south-west. The city is not standing still, however, with a new deep-water port at the port of Bristol making the docks of greater national and international significance, the possible sale for commercial use of Filton airfield in the constituency of my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) and the substantial housing development across the northern arc of Bristol. They are all opportunities but, unless the city’s transport infrastructure is capable of supporting them, opportunities could represent burdens. I asked for this debate to emphasise to the Government the importance of supporting long-term transport infrastructure in Bristol, and to point firmly towards rail providing the bedrock of that transportation.

I am delighted that electrification of the Bristol to London line is going ahead—a major boost for the city—and it paves the way for the kind of long-term thinking we need.

Stephen Williams Portrait Stephen Williams (Bristol West) (LD)
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I agree with my hon. Friend that the electrification of the Great Western main line is a fantastic announcement by the coalition Government. Does she agree that that announcement will be enhanced if we could get a commitment from the Government for the Severn Beach line, which is merely a small spur off the main line, to be electrified at the same time?

Charlotte Leslie Portrait Charlotte Leslie
- Hansard - - - Excerpts

My hon. Friend makes an extremely good point, which anticipates what I was going to say. He has done a lot of work lobbying for electrification, and I thank him for that.

The electrification is fantastic and, as I said, long-term thinking is massively important, not that the current smaller schemes for improvement are not welcome. However, unless we also think long term, and think big, those improvements will merely scratch the surface and we will not have the available infrastructure to maximise the effects of the small schemes. I am tempted to draw an analogy with Joseph Bazalgette’s building of the great London sewer system. There is no more time for devising more effective ways of throwing waste out of the window. For transport in Bristol, we need to devise a structural system that completely changes the way we do things.

When we come to the solution, there is good news: the bare bones of that new structure for transport in Bristol already exist. Disused and used freight lines lace the city, in particular in and around my constituency of Bristol North West, in the north of the city, and there are disused stations such as Henbury. The city of Bristol is sitting on a dormant giant of rail travel.

I have campaigned with the Friends of Suburban Bristol Railways and others for a Henbury station and a Henbury loop line. The solution is a no-brainer: the resurrection of our local lines in Bristol, to complete the circle line around the city that we partially enjoy already with the Severn Beach line. A Henbury loop circle line could link with the major stations of Bristol Temple Meads and Bristol Parkway, and could provide a reference point for shuttle transport to major visitor destinations such as the Mall at Cribbs Causeway, in the constituency of my hon. Friend the Member for Filton and Bradley Stoke. He cannot be here today because he is opening the new St Peter’s school in Pilning, but he has rightly said that, given the likely commercial and residential development if the sale of Filton airfield goes ahead, the case for examining existing rail provision and the possibility of resurrecting mothballed stations such as Filton would be really strong. With section 106 moneys coming from the significant housing development in the area, investment for such infrastructure does not seem out of the question.

In Bristol, which in the past I have talked about in terms of “A Tale of Two Cities” because of the deep socio-economic divides running through it, a circle line could open access and economic regeneration to some of the more deprived pockets of our great city, but the economic benefits do not end there. I understand that some Ministers have already travelled on the Severn Beach line, which runs from Temple Meads station up the west side of the city. That suburban line provides a demonstration of the untapped need and desire for local railway infrastructure, and the benefits of pump-priming investment. Since welcome investment by Bristol city council in 2008, which my hon. Friend the Member for Bristol West (Stephen Williams) was active in campaigning for, introducing more frequent services on the Severn Beach line, passenger numbers have rocketed by about 60%, enabling a long-term subsidy decrease as the service becomes economically more successful. Were the circle line circuit complete around the city, that percentage of passenger increase and revenue would likely be an awful lot higher—but what we need is joined-up thinking.

Among parliamentarians, I am delighted there is broad and energetic consensus on the need to work together for the future of rail in our region. Sadly, in the past, however, a certain lack of co-ordination has led to our region missing out on some major transport investment opportunities. That is why I take this opportunity to back strongly the creation of an integrated transport authority for the region. Other areas, such as West Yorkshire and Merseyside, have seen a major resurrection of their local suburban rail services and they have something significant in common: an ITA. So I congratulate our local paper, the Evening Post, and a one-man campaigning army, Dave Wood, on making the case for an ITA so energetically.

An integrated transport vision is as central to the beating heart of our city as a circulation system of veins, arteries and capillaries. With a strong, united voice, bids for projects such as the reopening of the Portishead line and the Henbury loop line can be more effective. If other regions can do it, why cannot we? The strong progress of our local enterprise partnership gives further hope and might provide a great basis for more joined-up thinking. So the big vision is a circulation system of rail around Bristol, linking with cycling and bus routes, and park and ride, to make all the schemes more effective.

More specifically, a major structural concern is to secure quadruple tracking up the Filton bank to Parson Street station, to alleviate the significant bottleneck which limits services locally. Failing to secure that now is a false economy, holding us back for the future, in particular given the existing demonstrable demand for more services. The electrification of the Bristol to London route is incredibly welcome, not only in itself but for the further opportunities it will provide, but any update from the Minister on how far the electrification will extend—for example, to Yate or Weston—would be most appreciated. Such an extension would open enormous opportunities for the suburban lines, with greater flexibility in rolling stock, new routes and diversionary routes for electric trains when needed. A 30-minute service from and to all stations in the former Avon area would be transformational, although it is quite a modest vision when compared with other major cities around the country.

As I said, the reopening of the Henbury loop and Portishead lines are particularly important specific proposals. An issue worked on and frequently raised by the hon. Member for Bristol East (Kerry McCarthy) is the safeguarding of Plot 6 at Temple Meads for a bus and train interchange. In the more immediate term, I seek clarification from the Minister about additional carriages for crowding relief in Bristol; more rolling stock is badly needed, which is an indication of the appetite for rail travel and the enormous unmet demand. I ask him to consider that seriously.

A Henbury loop line circuit is big thinking indeed, but rail gets to the core of tackling the underlying problems of Bristol’s transport system. Rail infrastructure for Bristol would be an absolute game changer for all the other methods of transport that we need to improve, freeing up the roads for buses and cyclists and transforming the park-and-ride potential. The idea has backing—indeed, the scheme is recommended in Network Rail’s route utilisation strategy—and I ask the Minister to look specifically at backing the scheme with practical financial support. Yes, the thinking is ambitious and long term, but I argue strongly that long-term strategic thinking and infrastructure investment is exactly what is needed if the entire Bristol region is to meet the real, pressing and ever-increasing transport challenges of the future. I called for the debate today because the future comes sooner than we think.

--- Later in debate ---
Norman Baker Portrait The Parliamentary Under-Secretary of State for Transport (Norman Baker)
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I congratulate my hon. Friend the Member for Bristol North West (Charlotte Leslie) on securing this debate, and my hon. Friends the Members for Bristol West (Stephen Williams) and for Kingswood (Chris Skidmore) on contributing to it. The subject is important and timely.

My hon. Friend the Member for Bristol North West set out with great clarity the importance of the rail network in Bristol to the local economy, and how it can contribute to helping to address congestion problems in and around the city. She said that Bristol is the gateway to the south-west, and the Government fully recognise that in our planned investment in the inter-city rail network to Bristol. Indeed, it would not be possible to discuss local rail issues—I will return to them later—without referring to the significant developments that are planned for the network over the next five to 10 years, and which will transform Bristol’s links with London and the south-east.

The announcement that the Great Western main line between London, Bristol and Cardiff will be electrified has been warmly welcomed in the west of England, and I am pleased to hear hon. Members’ support for that project today. The line will be equipped with brand new inter-city express trains, and the current proposal is for four trains an hour to run between Bristol and London, two an hour via Bath and Chippenham and two an hour via Bristol Parkway. Those via Bristol Parkway will transform the links between the constituency of my hon. Friend the Member for Bristol North West and London, given the proximity of Bristol Parkway station.

Both routes into Bristol will be electrified and, with electrification of the Severn tunnel route through to Cardiff, three of the local routes—Cardiff to Bristol, Bristol Parkway to Bristol, and Bath to Bristol—will be able to accommodate electric trains. There are no plans to electrify the line to Weston-super-Mare or the Severn Beach line. However, because some of the new inter-city trains will be bi-mode trains and able to run on electric or diesel power, some inter-city trains will continue to operate to Weston-super-Mare, as they do today, and will switch seamlessly—at least, I hope so—from electric to diesel power at Bristol Temple Meads.

Another recent announcement is significant for the area. The Secretary of State has announced that the Thameslink route through London will receive new rolling stock from about 2015. That means that, as far as Bristol is concerned, there will be a pool of electric rolling stock available to operate some Bristol area local rail services should the operator of the new Great Western franchise choose to use them. I realise that capacity is an issue. We are currently negotiating with First Great Western for provision of additional diesel carriages, but I cannot confirm at the moment when they will arrive or what the exact number will be. However, the prospect of electric trains will ease the position considerably.

I said that this debate is timely, and there are three reasons. First, detailed planning of the electrification scheme is now under way, and there may be opportunities to add to the scheme better to meet the needs of the local area if funding can be identified locally. Secondly, First Great Western has recently announced that it is taking up the option that the previous Government made available to it under the terms of the franchise of terminating it in 2013 rather than 2016. Therefore, detailed work will have to be carried out on the specification for the new franchise. Local authorities need to be ready to input into the process, and to discuss their ideas with bidders when they emerge in due course. For the avoidance of doubt, we welcome local people’s views of the new franchise arrangements which we are putting in place throughout the country. Thirdly, we are keen to explore the scope for devolving further aspects of rail to local authorities, and a good time to do so is when a franchise is due for renewal and the area is set to benefit from major investment.

The electrification scheme creates major opportunities for the local rail network around Bristol. Electric trains are cleaner, quieter and have better acceleration than diesel trains, so they are ideally suited to providing local rail services in densely used urban areas. The journey-to-work area in Bristol is expanding, as my hon. Friends know only too well, so now is the time for the local authorities to consider how the local rail network can be adapted to maximise the benefits of electrification. That may require some reconfiguration of local services, but the local authorities are well placed to understand passengers’ needs. For example, we are aware that the West of England Partnership is keen to see the local rail service extended from Bristol Parkway to Yate. We would welcome local input into matters such as whether a short extension of electrification from Westerleigh Junction to Yate would offer value for money. Likewise, new stations have been suggested for the Bath route, and now is the time for the partnership to consider such issues.

We are keen that proposals for infrastructure enhancement are robust and based on sound evidence. It is in nobody’s interest to promote unsustainable or undeliverable schemes or schemes that have little chance of securing funding. It is therefore important that work is undertaken to understand the viability of those options. I want to make it clear that the Government are pro-rail. We have a major programme of investment in the rail network. Indeed, it is reasonable to conclude without hyperbole that our rail investment programme is the biggest since the Victorian era.

In the Bristol area, the local authorities work closely together as the West of England Partnership. Although they are free to consider whether there might be benefits in forming an integrated transport authority—my hon. Friend the Member for Bristol North West referred to that, and some people believe that there would be significant benefits—it is not essential that they do so for the purposes of securing improvements or investment in local rail services. If local people want to consider forming an ITA, we will pay close attention to that. The partnership has a number of plans for rail, and there are no institutional barriers preventing them from achieving them.

We are keen to see the local authority partnership aligned with the local enterprise partnership, and together to play a leading role in determining the future of the local rail network. For example, that structure could deal with the safeguarding of Plot 6 at Bristol Temple Meads. The West of England Partnership already takes an active role in transport, and has established a rail protocol with train operators and Network Rail. I understand that the local enterprise partnership has plans for regeneration around Temple Meads station.

The West of England Partnership has created the concept of a Bristol metro network of regular-frequency local rail services, and has been very supportive of North Somerset council’s efforts to reopen the Portishead line. The next step will be to identify how those enhancements could be delivered and, more importantly, funded. The reopening of that line would require the reopening of passenger services on a freight-only line from Parson Street junction to Portbury junction, and the reinstatement of track from Portbury junction to a new station at Portishead. Our rough estimate is that reopening would cost £35 million to £40 million. Steps are obviously under way to make Network Rail more efficient, and to drive down costs, but that is our present estimate. Such a move would require the provision of new train services, perhaps every half hour during peak times and every hour off-peak. At the moment, that would need an ongoing subsidy, which is an important consideration when working out the economics of any reopening.

Reference was made to the possibility of reopening the line to passenger services between Avonmouth and Filton Abbey Wood. That would create a north Bristol circle line that would run from Temple Meads via Clifton Down to Avonmouth, and back to Temple Meads via a reopened Henbury station. I am sure that such a circle line would be more reliable than the one I use on a regular basis, which runs not far from this Chamber.

Stephen Williams Portrait Stephen Williams
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I share the vision of that north Bristol circle line with my hon. Friend and neighbour the Member for Bristol North West (Charlotte Leslie). It would also provide the opportunity for new stations along that route. My hon. Friend mentioned some stations that she would like in her constituency, and I will add Ashley Hill station to that list. It would be on the Filton Bank line and serve about 20,000 residents either side of where the station used to be—the platform is still there. It would also serve Gloucestershire cricket club and Fairfield high school.

Norman Baker Portrait Norman Baker
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My hon. Friend has long campaigned very strongly on these issues and I welcome his involvement. Objectively, if we are to reopen a line it is a good idea to attract as many passengers as possible, and the provision of extra stations could be a useful way to achieve that. A cost-benefit analysis would be carried out for each station to look at whether reopening it would make sense to the project as a whole. My hon. Friend has given several examples of why he believes that would be the case for the station that he mentioned.

Although the line between Filton Abbey Wood and Bristol is intact, we would need to increase its capacity, and Network Rail is considering how to accommodate the extra trains. There would also be the question of how to serve the branch line from St Andrews road to Severn Beach. In the first instance, the West of England Partnership will determine whether that scheme should be a priority, although to date it has provided no indication that it would seek to explore that proposal, given that the Bristol metro and the Portishead line appear to be higher priorities. Hon. Members from the Bristol area may wish to pursue that point with the West of England Partnership. Bristol city council funds additional services on the Severn Beach line, which has contributed to a significant growth in the usage of the line. Perhaps that model could be employed elsewhere in the area.

Let me take the opportunity to congratulate the community rail partnership. It has done tremendous work in improving stations, promoting the network around Bristol and, importantly, involving local people in its schemes. That has produced a tremendous sense of pride and ownership in the local rail network. My right hon. Friend the Minister of State for Transport recently visited the line and was impressed with the achievements of the community rail partnership. She was keen for me to refer to those achievements in my remarks today.

Conditions already exist for local authorities to take on greater responsibility for local rail services. The Department for Transport will be happy to discuss ways of achieving that with those local authorities, and help as best it can. As I have already mentioned, there may be scope to modify the electrification scheme to take account of local needs and aspirations, and as we have seen, local authorities are already able to finance rail services and schemes using funds available for local transport. We believe it is important that decisions on local priorities are made by local authorities rather than central Government, so there are currently no plans to establish a central fund for local rail schemes. Instead, local authorities should identify which local funding sources are most appropriate for a rail scheme, and decide whether such a scheme should have a higher priority than, for example, a highway or bus scheme.

Although the coalition Government’s current priority must be to reduce the budget deficit, we are making available a significant amount of money—£560 million—through the local sustainable transport fund. That is more money for local transport than was provided over the past four-year period, despite the difficult economic climate that we face. We are also making a contribution to the regional growth fund to enable some schemes to proceed before 2014. All that is in addition to the major local transport schemes budget, and in September the West of England Partnership will make five bids to the Department for schemes linked to the development pool. We will make decisions on those schemes around Christmas. The area has already had one scheme approved for the Greater Bristol bus network, which is nearing completion. The West of England Partnership has made a key component bid and a large project initial proposal to the local sustainable transport fund, and an announcement on the key component bid will be made shortly.

We will soon be consulting on a more devolved approach to major local schemes that will be in place from April 2015. Such an approach will provide the opportunity for groups of local authorities, working with local enterprise partnerships, to consider once again the transport priorities for their area that the fund might help to meet. That is particularly important for the reopening of the Portishead line, which has been frequently mentioned in this debate, through correspondence with the Department, and in other forums.

The aspiration is to reopen that line by 2017, but it is essential to first establish that that is the best way to meet the needs of the area and a priority for investment among other potentially competing claims. The local authority has carried out important work with Network Rail through the governance for railway investment projects process—GRIP. It also, however, needs to establish demand for the scheme and to demonstrate that there is a business case and that ongoing financial support is affordable. Initially, that must be demonstrated locally and not by the Department. We will respond to that local pressure.

To conclude, electrification brings opportunities for improvements to the local rail network around Bristol. There is an important role for local authorities, working together through the West of England Partnership, to carry on the good work and seize the initiative by taking advantage of such schemes. The Department will be happy to provide advice and guidance to hon. Members, councillors and others in the Bristol area, to ensure that people are able to maximise the opportunities in their area. Ultimately, however, it is for local people to lead on such matters, and the Department will have a supportive role.

Intercity Express and Rail Electrification

Stephen Williams Excerpts
Tuesday 1st March 2011

(13 years, 2 months ago)

Commons Chamber
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Stephen Williams Portrait Stephen Williams (Bristol West) (LD)
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This statement will be warmly welcomed in Bristol. As an émigré valleys boy, may I also point out that it will be welcomed in my home village of Abercynon, where the world’s first railway journey ended in 1804? The Secretary of State mentioned that the line from Bristol Temple Meads to Bristol Parkway was to be included in the electrification plans. Will that open the window for looking at the business case for electrifying the Severn Beach line, which the Rail Minister will be visiting with me on Friday?

Lord Hammond of Runnymede Portrait Mr Hammond
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I always learn something in these situations. I thought that the world’s first railway journey started somewhere up near Darlington, so if it ended in the Welsh valleys, it was doing extremely well. My right hon. Friend the Rail Minister will be happy to discuss this matter further with my hon. Friend. I know that she has already discussed the proposal with him and is looking at the business case for it with a view to its inclusion in future programmes.

Sustainable Transport

Stephen Williams Excerpts
Wednesday 19th January 2011

(13 years, 3 months ago)

Commons Chamber
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Norman Baker Portrait Norman Baker
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We are always happy to look at potential public transport improvements. I am not familiar with that line myself, but my right hon. Friend the Minister of State who has responsibility for rail is sitting next to me and has carefully noted the hon. Gentleman’s comments.

Stephen Williams Portrait Stephen Williams (Bristol West) (LD)
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Penblwydd hapus, Mr. Speaker.

I am sure that when the Minister visits Bristol tomorrow he will receive a warm welcome from people from all parties. If he is travelling by train to Bristol Temple Meads, he may be disturbed by the cost of the bus service into the city. Does he agree that to address the huge potential for shorter journeys that he mentions in his statement we need seriously to address the cost of a single bus journey from a main railway station?

Norman Baker Portrait Norman Baker
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I absolutely agree with that. From memory, the train company that operates in Bristol is the same one that operates the bus service, and it is in the commercial interests of FirstGroup to ensure that the bus is attractively priced to encourage a through journey by rail and bus, rather than encouraging people to drive the whole way, which may be the consequence of that particular pricing policy.

Rail Investment

Stephen Williams Excerpts
Thursday 25th November 2010

(13 years, 5 months ago)

Commons Chamber
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Stephen Williams Portrait Stephen Williams (Bristol West) (LD)
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I welcome the certainty that electrification out of Paddington will continue as far as Didcot. However, does the Secretary of State agree that it is a reasonable economic assumption that a continuous project of rolling out electrification through to Swindon, Bristol Temple Meads, Bristol Parkway and through the Severn tunnel is likely to provide better value for money than a piecemeal project where engineering teams, recruitment contracts and so on have to be reassembled?

Lord Hammond of Runnymede Portrait Mr Hammond
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The hon. Gentleman makes a fair point. I should make it clear that we will make the decision on the total extent of electrification of the great western main line long before the physical work begins.

Transport (Investment)

Stephen Williams Excerpts
Tuesday 26th October 2010

(13 years, 6 months ago)

Commons Chamber
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Stephen Williams Portrait Stephen Williams (Bristol West) (LD)
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I welcome the fact that value for money is being confirmed for the Bristol bus rapid transit scheme from Ashton Vale, which is in your constituency, Madam Deputy Speaker, to Bristol Temple Meads, which is in mine. However, following what the Secretary of State said earlier about localism, will he agree to look favourably on local authorities such as Bristol that wish to introduce a levy on workplace parking in the future, so that money raised locally can be matched with the limited resources that are now available nationally?

Lord Hammond of Runnymede Portrait Mr Hammond
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Where local authorities wish to impose workplace parking levies, they need the Secretary of State’s approval under current legislation. It is, of course, up to local authorities to promote such schemes if they feel that they are appropriate for their areas, but I have said recently that I would expect any further schemes proposed to me to demonstrate that they have properly and effectively consulted local businesses and addressed any proper concerns raised by local businesses during those consultations. So perhaps my hon. Friend can feed that back to Bristol city council.