Lord Jackson of Peterborough
Main Page: Lord Jackson of Peterborough (Conservative - Life peer)Housing and Planning Bill
Lord Jackson of Peterborough Excerpts
Brandon Lewis
Let me begin by informing the House that I am placing in the Library today the Department's analysis of the application of Standing Order 83O in respect of the Lords amendments.
We find ourselves here again, and, enjoyable as that may be, and while I thank those in the other place for not insisting on their amendments relating to a number of issues, I am very surprised that they have chosen again to oppose one of our most important manifesto commitments, namely the commitment to ensure that more homes are built: homes that we need, and homes that young people are crying out for. Last week we heard from many Members, in the Chamber, about the people who had asked them when starter homes would be available. We need to get on with helping those people to fulfil their dreams and get on to the home ownership ladder. Some 86% of our population want to be given a chance to do that.
Lords amendment 10B allows local authorities to meet their starter home requirement with other low-cost home ownership products. The amendment would again totally undermine our manifesto commitment to build 200,000 starter homes by 2020.
Mr Stewart Jackson (Peterborough) (Con)
Is my hon. Friend, like me, struggling to remember a case in which a policy that was the subject of a clear manifesto commitment, and had received the assent of the elected House by more than 100 votes, was struck down and circumscribed by the unelected, unaccountable panjandrums in the House of Lords?
Brandon Lewis
I have certainly not heard the position put so eloquently before. My hon. Friend is absolutely right. I am used to seeing the Labour party trying to stop people’s aspiration to own their homes, but it is beyond astonishing that the upper House should try to amend a measure that has received such a clear message of support from this elected Chamber, and in respect of which we have an election mandate to help young people.
If Lords amendment 10B were passed, the requirement for starter homes would become something entirely different: at best, the amendment shows a lack of understanding, and at worst it seeks to wreck important Government policy. That is unacceptable, not only to me but, I trust, to the House of Commons. The Joint Committee on Conventions made its view clear in its 2006 report “Conventions of the UK Parliament”, which states:
“A manifesto Bill is not subject to ‘wrecking amendments’ which change the Government's manifesto intention as proposed in the Bill.”
The noble Lords have done this not once, but twice. As was pointed out by my hon. Friend the Member for Peterborough (Mr Jackson)—whose party, I note, was successful last Thursday—we sent a clear message, with an overwhelming majority, to the other place last week. We want our young people to have the chance of full home ownership, allowing them to move onwards and upwards over time. That is what the starter homes policy is all about, and we have a clear manifesto mandate to deliver it.
Nick Herbert
I understand my hon. Friend’s concern. Indeed, a number of hon. Members are concerned about this issue, as the Minister knows. As I explained in my earlier intervention on him, the intention of the original amendment to introduce a neighbourhood right of appeal was not just to redress a perceived inequity that developers have a right of appeal but communities do not; it was to deal with this particular problem, whereby we cannot allow the whole policy of neighbourhood planning, or the democratic decision, to be undermined in the public eye, given that we accept that a local planning authority does reserve the right to make a strategic allocation. That is understood, but that is a rather different position from suddenly deciding that an area should be developed contrary to a neighbourhood plan.
Mr Jackson
My right hon. Friend is making an impassioned case on behalf of his constituents, but does he not see the other side of gaming? It might be possible for a local planning authority that has not produced a local plan to move a residential development on to the neighbourhood plan scheme and, with a right of appeal that would, over time, stymie the development of much-needed housing.
Mr Betts
I shall speak to Lords amendment 10B, 47B and 47C.
The Minister is right to say that the Conservatives had a manifesto commitment to build starter homes. Although I may have some disagreements with elements of that policy, I respect it. It is the will of the electorate, and the Government have every right to put it into practice. However, what the Government did not say at the election was that, in large parts of the country, people who could not afford to buy a home would find it virtually impossible to find an affordable home to rent, or that, as a result of their policy, people’s chances of finding that affordable home to rent would be substantially diminished and, in some cases, removed altogether. That is the impact of the policies that are in the Bill, connected with other Government policies as well.
When I intervened on the Minister, I raised the issue of section 106 agreements and the requirement that starter homes should make up 20% of homes on that site. I do not think that there are any sites in my constituency where there will be a 20% requirement. In fact, I cannot think of many sites throughout the whole of the city of Sheffield. That is not because the local authority does not want affordable homes built as part of 106 agreements, but because market values are so low that the sites would not be viable if a higher level of affordable homes were insisted on. That means that the policy of the local council conforms with paragraphs 47 and 48 on viability and deliverability in the national planning policy framework, which are a key element of Government policy. Therefore, in complying with Government policy, the local authority would be in a position where, in order to conform with the requirement to have at least 20% as starter homes, there will be no other affordable homes built as part of 106 agreements in my constituency; they will be gone completely.
If that is put alongside the Government policy on spending on housing for the remainder of this Parliament, there will be no money for councils or housing associations to bid for to fund affordable rented housing—it will all go on shared ownership and starter homes. There will be no new building as part of the Government’s spending grant availability.
On top of that, as a result of the rules about higher value council homes being sold off, every single vacant property in the slightly better off parts of my constituency is likely to be sold off, so there will be no vacant council properties coming up for rent. The Government have produced no figures whatsoever on how the money that comes in from the sales of those properties will add up to the replacement of the housing association property once the discount has been provided for. Then there is the contribution towards a brownfield remediation pot and a replacement council home. There is no possibility that the home sold off by the council will be replaced by a property that is for affordable rent.
The reality is that in large parts of my constituency no affordable homes for rent will be built through section 106, or through Government grant provision. Affordable homes for rent will be sold off in their totality in some parts of the constituency, with no like-for-like replacement. That adds up to one simple fact: where people are in urgent need of housing for whatever reason, their urgent need will remain, but there will not be an urgent offer of a property, because it will not exist. People in my constituency who have been on the waiting list for 15 years or more will wait not 20 or 25 years, but for ever, because a property will never become available under these policies.
The Bill and other Government measures effectively mean the end of social rented housing in large parts of my constituency, for the simple reason that there will be no social rented housing available to offer people on the waiting list or in urgent need.
Mr Jackson
I shall refer to most of the amendments. I reiterate my concerns about the amendment relating to neighbourhood planning. It would establish a dangerous precedent that would potentially end the neighbourhood right of appeal against conservatories and small-scale extensions. It would very much reduce the speed at which residential development could progress. There would also be an opportunity for sleight of hand by the more unscrupulous planning authorities that do not want any development in their area: they might move residential development on to a neighbourhood planning regime, in lieu of a local structure plan or district plan. With a third-party appeal, that development would be held up for months and years. People who desperately need homes in high-cost, high-value areas would suffer as a result, so the Government are absolutely right to resist the amendment, although clearly I recognise the sincerity with which my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) represents his constituents’ very legitimate concerns.
Mr Jackson
Not at the moment, if my hon. Friend will allow. I am getting looks of admonition from the Whips, so I had better proceed. The amendment on the carbon compliance standard is precisely the wrong measure at this time. One of the endemic issues resulting from not delivering the appropriate number of homes is the attrition of small and medium-sized builders. Nothing could be designed to knock out even more of them, or to not allow them back into the market alongside very-sizeable-volume builders, than adding extra cost, so the Government are right to resist that amendment.
I now come to starter homes. This is an issue of social equity and fairness as much as anything else. I made the point when we debated this last week that a significant number of people are accessing finance for their new home through the bank of mum and dad—family money. That cannot be right if we want social fairness and equity. We want new owner-occupied properties to be available to young families in particular, and to working people, who do not have recourse to capital that is passed from generation to generation in a way that is inherently very unfair. Through the vehicle of shared equity and Help to Buy in particular, we are achieving that. As the right hon. Member for Wentworth and Dearne (John Healey) will know, the Labour party made the same arguments about the affordable rent tenure in 2010 that it now makes about starter homes.
There is also the issue of constitutional propriety. I am afraid that I was rather rough on the House of Lords, but the fact of the matter is that we have a manifesto commitment to deliver starter homes. The Opposition would have a stronger point were every local planning authority run in an enormously efficient way, delivering residential development in a timely fashion, but they know—it is a cross-party issue—that very many local planning authorities have not even got round to producing structure plans or local district plans. They had the opportunity over many months or years to prepare varied tenure residential developments in their area and they have failed to do so. The Opposition can hardly then complain that the Government, who all of us agree are facing a significant housing crisis, should use primary legislation passed unequivocally by this elected House in order to ameliorate the effects of that housing crisis by saying that we should have a certain amount of starter homes.
Bob Blackman
Does my hon. Friend agree that one of the principal costs of developing new housing is the cost of the land that has to be acquired for that housing? Therefore, if low-cost land is available in an area such as Sheffield, low-cost housing will be provided on that site.
Mr Jackson
My hon. Friend, who has a great deal of experience in local government housing and planning, makes an important point. He is right to draw the House’s attention to the anomalous nature of some of the comments from the hon. Member for Sheffield South East (Mr Betts), the Chairman of the Communities and Local Government Committee, on which, I think, my hon. Friend also serves.
Mr Betts
Yes, the houses for sale in my constituency are much lower in price than in many other parts of the country, though higher than in one or two other areas in the north. However, the tens of thousands of people on the waiting list are on the waiting list primarily because they cannot afford to buy the houses, even though they are lower in value than those in the constituency of the hon. Member for Harrow East (Bob Blackman).
Mr Jackson
I take the hon. Gentleman’s point but local planning authorities like his in Sheffield have not been circumscribed by section 106 in the recent past or at all in developing the tenure that they choose. He will know, because the centre of his city has undergone significant regeneration over many years, that the capacity for section 106 payments to go back into social housing has been an issue in his city and others.
Antoinette Sandbach
I am grateful to the hon. Member for giving way. On section 106 agreements, one of the big concerns of my constituents is the impact on health and education infrastructure. That needs to be examined in future, particularly in the light of recent judgments by the planning inspectorate, which are being challenged through the courts.
Mr Jackson
I like to think I am an hon. Friend.
Some of us remember four or five years ago fighting the battles over the national planning policy framework. Some of us put our heads on the block and said that it was probably a good thing, and we were right to do so. I fear that sometimes discussion of infrastructure is a way of saying, “No residential development in our area.”
There is a housing crisis. Those who hold housing and capital have a duty to release some of it to those who do not have that power and influence. That is a difficult balance. We have to think of quality of life, but that is one of the things that the Bill has addressed. That is why I stand four-square behind the starter homes policy, which has an election mandate, and I urge Members to support the Government policy and to remind the House of Lords politely that only one of our Houses is elected by the people, and that the other can oversee, scrutinise and improve, but not veto.