Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, whether the Government plans to bring forward legislative proposals to give home owners the ability to apply to the Lands Chamber for the modification or discharge of positive covenants affecting their homes.
Answered by Eddie Hughes
The Government is reviewing large parts of property law affecting homeowners as part of its leasehold and commonhold reform agenda. As part of this we are working with the Law Commission to understand the implications of their 2011 report on easements, covenants and profits à prendre, “Making Land Work.” The Making Land Work recommendations would provide a route for challenging future positive land obligations created under the new regime.
For owners of freehold properties who pay estate rentcharges, we will also introduce a right to challenge the reasonableness of those charges in the same way that leaseholders can challenge service charges, and remove the statutory right for owners of rentcharges to take possession or grant a lease of the property in the event of non-payment by the homeowner.
Our reform programme has recently moved forward significantly with the introduction of the Leasehold Reform (Ground Rent) Bill on 12 May 2021, which we have said will be the first part of major two-part legislation in this Parliament.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, what specific financial support is available to help Town and Parish Councils with (a) lost income and (b) greater costs during the covid-19 outbreak.
Answered by Luke Hall - Minister of State (Education)
The way in which Parish and Town councils have responded to the challenges of the pandemic is testament to the unique position they occupy within our local government family.
Whilst the Government does not have the necessary powers to pay Parish and Town councils directly, we are encouraging their principal authorities to discuss the funding support they can provide from within the support we have provided them, which is over £7.2 billion.
Therefore, Parish and Town councils should liaise with the relevant principal authorities on how this money is allocated in their area.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, what guidance his Department provides to the Planning Inspectorate on meeting hon. Members outside of scheduled evidence hearings regarding concerns on Local Plans affecting their constituencies undergoing examination.
Answered by Christopher Pincher
The Planning Inspectorate (PINS) have their own detailed procedural guidance on the conduct of examinations - https://www.gov.uk/government/publications/examining-local-plans-procedural-practice and their own code of conduct https://www.gov.uk/government/publications/code-of-conduct. These take account of the report of the Committee on Standards in Public Life. My Department has not provided separate guidance to PINS.
More generally, PINS are aware of the legitimate interest that Members of Parliament have in the progress of local plans in their areas, and the important contribution they can make in representing the interests of their constituents. Local plan Inspectors are encouraged to engage positively with local MPs in the examination process whilst adhering to the Franks principles of openness, fairness and impartiality. This includes avoiding dealing privately with one party in the absence of other parties.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, what plans he has to bring forward legislative proposals to cap Management Companies raising fees on new developments without the explicit consent of residents on the development.
Answered by Luke Hall - Minister of State (Education)
The Government believes very strongly that fees, such as service charges, should be transparent and communicated effectively, and that there should be a clear route to challenge or redress if things go wrong.
The law is clear that service charges must be reasonable and, where costs relate to work or services, these must be of a reasonable standard. Leaseholders may make an application to the First-tier Tribunal to make a determination on the reasonableness of their service charges.
The Government believes Permission fees and administration charges should only be used where necessary and should only cover any reasonable costs incurred.
The Government established an independent working group chaired by Lord Best to raise standards across the property sector, which also considered how fees such as service charges should be presented to consumers and the circumstances under which permission fees and administration charges could be justified, and whether they should be capped or banned. The working group has published its final report to Government and suggested that Government should consider introducing a prescribed list of acceptable fees. We are considering the report’s recommendations carefully and will announce next steps in due course.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, when he plans to end the relaxation of restrictions on night-time deliveries to supermarkets; and what plans he has to introduce tighter conditions on the time of deliveries where they cause a disturbance to neighbouring residents.
Answered by Christopher Pincher
The Government made a Written Ministerial Statement on 13 March, setting out the need for flexibility around deliveries to supermarkets and other retailers of food, sanitary and other essential items given the disruption to supply chains due to the impact of the Coronavirus. This statement is being kept under review. Conditions are a matter for local authorities, and should be kept to a minimum, and must meet the tests set out in National Planning Policy Framework of being necessary, relevant to planning and the development, enforceable, precise, and reasonable in all other respects. We are also continuing to engage with supermarkets on the extent to which the relaxation is being used.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, what support his Department plans to provide to local authorities to enable them to support vulnerable people on the covid-19 shielded patient list after the provision of direct Government support to those people has ended.
Answered by Christopher Pincher
The Government is injecting an additional £63 million to boost local authority welfare assistance to ensure that no one has to go without food and other basic necessities. This is on top of £3.2 billion in additional funding to help councils manage the immediate impact of coronavirus, including supporting local shielding programmes.
As announced on 22 June, the Government is relaxing advice to those shielding in two stages. From Monday 6 July, those shielding can spend time outdoors in a group of up to six people (including those outside of their household). From Saturday 1 August, advice to those shielding will be further relaxed, meaning people who are clinically extremely vulnerable will be advised they can go to work or to the shops, as long as they are able to maintain social distancing and are robustly practicing good, frequent hand washing. Support for those shielding has been extended to the end of July – this includes the delivery of food and medicines.
The Government will continue to review the risks for the clinically extremely vulnerable as they review social distancing advice for the general population.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, what discussions (a) he, (b) his Ministers, and (c) officials in his Department have had with (i) Tonbridge and Malling Borough Council and (ii) Sevenoaks District Council on continuing support for people on the shielded patient list when direct support from the Government ends in advance of the letter due to be sent out to those on that list in the week commencing 15 June 2020.
Answered by Christopher Pincher
We have been working closely with councils and each local authority has a dedicated contact point in the shielding programme. Our South East Regional Team currently works closely with Tonbridge and Malling Borough Council, as well as Kent County Council and its lead District Council Tunbridge Wells. Officers from the team continue to speak with senior officers on matters regarding people who are shielding. This support will continue as the core offer to those shielding has been extended until the end of July.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, for what reasons the Re-opening High Streets Safely Fund Guidance, issued on 24 May 2020 made the provision for local authorities to employ street wardens to support the safe re-opening of high streets when the first bulletin, issued on 5 June 2020 suggested that street wardens would not be funded through that scheme.
Answered by Simon Clarke
Our £50 million Re-opening High Streets Safely Fund (RHSSF) will provide councils with additional funding to support their business communities with measures that enable safe trading in public places. We have provided guidance for local authorities on the activities that can be funded through RHSSF. This includes the provision of Information Officers to deliver?business-facing?awareness activity, as set out in strand three of eligible activity in the fund guidance.?The RHSSF is not intended to fund all of the interventions listed in the Safer Public Spaces guidance, published in May, which included the option of street stewards to help manage pedestrian flows.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, whether local authorities will be reimbursed through the Re-opening High Street Safely Fund for the costs of street wardens.
Answered by Simon Clarke
Our £50 million Re-opening High Streets Safely Fund (RHSSF) will support a range of practical safety measures to help businesses trade safely on our high streets. Whilst street wardens cannot be funded through this stream of funding, Local authorities may wish to fund Information Officers to deliver?business-facing?awareness activity, as set out in strand three of eligible activity in the fund guidance. Signage, street markings and temporary barriers are also in scope of funding. The RHSSF will provide the tools to help towns and cities develop safe trading environments, particularly in high streets, and will be key to kick starting the economy, getting people back to work, businesses trading and helping to reinvigorate communities.
Further information on the RHSS Funding Agreement and claims process will be made available in due course.
Asked by: Tom Tugendhat (Conservative - Tonbridge and Malling)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, whether he has plans to relax the requirement on local planning authorities to meet their five year housing land supply in line with the postponement of local plan inspections during the covid-19 outbreak.
Answered by Christopher Pincher
It is important to keep the planning system moving as much as we can, so that it is able to play its full part in the economic recovery to come. We note the concerns some authorities are raising on 5 year housing land supply and we will continue to monitor the situation.
On 13 May the Secretary of State announced measures to further support house building. This included: allowing more flexible working hours on construction sites which will support these sites in meeting social distancing requirements; a statement that site visits and the use of digital technology and virtual meetings should become the norm in planning casework by mid-June; and introducing a range of temporary measures to make it easier to operate the planning system, especially the development management process, within the current public health guidelines. More information is available here: https://www.gov.uk/guidance/coronavirus-covid-19-planning-update