Localism Bill

Debate between Tobias Ellwood and Greg Clark

Monday 7th November 2011 Commons Chamber

[Greg Clark]

I am grateful, Mr Speaker; I do not know what to make of that comment. I will respond to a few of the points that have been made by hon. Members, including the hon. Member for City of Durham (Roberta Blackman-Woods).

I have been clear that there will be transitional arrangements and that we will ensure that they are produced in a timely way so that there is no difficulty with authorities preparing for the introduction of the national planning policy framework. That does not require an amendment. The amendment proposed by the hon. Member for City of Durham does not specify what the transitional arrangements should be. All it does is to elicit the commitments that I have given her tonight. I see that she is nodding. I hope that she accepts that and that my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) takes the same view.

On the community infrastructure levy, the regulations already require the independent assessment of viability when an authority considers a claim for CIL relief from a developer to be unviable, especially in the case of affordable housing. I give that commitment. If the hon. Member for City of Durham has any suggestion that the guidance is inadequate in any way, I am happy to meet her to consider that, but that has not been our experience so far.

My hon. Friend the Member for Bournemouth East (Mr Ellwood) knows that we recently concluded a consultation on Gypsy and Traveller policy. It would not be appropriate for me to pre-empt that, but I would say that the abolition of the regional strategies puts clearly into the hands of local authorities the ability to assess the needs of Gypsy and Traveller communities across the country. Of course, the changes that we have discussed tonight provide for a fairer system of enforcement, whereby a planning application that is introduced retrospectively does not stay the enforcement action, which has sometimes been the case.

[Mr Ellwood]

Bournemouth borough council received legal advice encouraging it to continue with the legal process of going to consultation, as my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) suggested. However, I hear from my hon. Friend the Member for Cannock Chase (Mr Burley) that the legal advice given to his council was that it did not need to pursue that process because the intent of the Government was that the regional spatial strategy would be removed and that therefore the core strategies did not need to include Gypsy and Traveller sites. One council is being told one thing and another is being told something else.

[Greg Clark]

That is often the case with legal advice. This is a matter for the courts. The Under-Secretary of State, my hon. Friend the Member for Hazel Grove (Andrew Stunell) pointed out that the weight given to emerging policy is a matter for decision makers. It is not possible, however tempting, for Ministers to direct decision makers on that point. Regional strategies have set out guidance to date, but it is for decision makers to decide how much weight they want to give to the Government’s intentions in revoking regional strategies.

I shall conclude by saying a little about the definition of sustainable development. I think it is obvious to every Member who has participated in these debates that our intention is to reflect, through guidance, a stronger and more expansive definition. I have made it quite clear that the 2005 strategy offers a basis that has been commended to us by many respondents to the consultation. It is extant, and I have no difficulty with it. We may be able to go further in some respects, but it is clear and reflects the considered views of both Houses.

The colleague of the hon. Member for City of Durham in the other place thought it was right to withdraw the Opposition amendment there on the basis of the same assurances. Given that, and given that the consultation has closed and it will not be much longer before she can see the outcome of our deliberations, I hope she will not press her amendment on the subject. I commend all the Lords amendments in this group to the House.

Lords amendment 151 agreed to.

Lords amendments 152 and 153 agreed to.

Amendment (a) proposed to Lords amendment 154.—(Roberta Blackman-Woods.)

Question put, That the amendment be made.