There is absolutely no reason why that should apply, because the question of the tenure mix has been addressed. The provisions of the London plan set out criteria on the mix of affordable and social housing in developments that boroughs are expected to follow. The Mayor has perfectly adequate powers to exercise his influence in that respect, but I am arguing that such developments, certainly in the London borough of Greenwich, are of local significance and not of London-wide or strategic significance. There would be a serious breach of the principle that the Mayor should have strategic powers if the statutory instrument were introduced in its present form, but local service delivery should rest with the boroughs. I stressed in our earlier debate on waste the importance of maintaining the distinction between a strategic role for the Mayor and a local role for boroughs, and I emphasise that distinction again.
Why was that formulation used for the statutory instrument? I think that the answer is idleness. That may appear to be a perverse comment, but the measure is based almost entirely on the existing order, which allows the Mayor to refuse permission in certain cases. A moment ago, I discussed the example of a building that is more than 25 m high and is adjacent to the river. A developer who is worried that their application will be refused will not submit a proposal that falls within the criteria, as it would be much more unlikely to receive permission. Conversely, if the Mayor has a positive power to intervene, there is a perverse incentive to increase the height of developments. The officials who drafted the proposal have taken the easy course of using existing powers, without considering the contradictions raised by different uses. They simply propose that the existing definition should be extended to cases where the Mayor has the power to require approval.
The measure is not appropriate, and it requires rethinking. I urge my hon. Friend the Minister to take another look at it, because if the criteria were adopted there is no question but that the problem of mission creep will arise, as I have suggested. We will break the fundamental principle, on which the GLA legislation was based, that the Mayor should have a strategic role, and should not have powers to trample all over the boroughs in matters subject to local decision.
That leads me on to the way in which the statutory instrument should be changed. I hesitate to raise the issue, because it is not the subject of the Bill, and I do not wish to be called to order. However, it is only right that I should give my thoughts on the right way forward. First, to pick up the point made by the hon. Member for Carshalton and Wallington (Tom Brake), there should be an attempt to define strategic impact as an effect covering an area wider than one particular borough. It should include, too, issues of genuine strategic impact, and should not simply be a matter of scale.
Secondly, the criteria in the draft statutory instrument must be reconsidered with a view to catching only large developments that have a big impact. ““Large”” can be strategic, but it is not necessarily strategic, and we must distinguish between the two. A definition of ““strategic”” and a revision of the criteria to raise the threshold and avoid the circumstances that I have described are therefore essential, and I hope that my hon. Friend the Minister can provide the House with an undertaking to look at the criteria again. If so, I would be happy to support the statutory instrument as and when it is introduced, but it must achieve the objective that the Government want to achieve, and give the Mayor an appropriate power of intervention to match the existing negative power. He should exercise that power in cases where it is justified to do so, because the development has a strategic impact across London. If that objective is met, I, for one, will be entirely happy, but I am afraid that I could not possibly support the statutory instrument in its draft form.
Greater London Authority Bill
Proceeding contribution from
Nick Raynsford
(Labour)
in the House of Commons on Tuesday, 27 February 2007.
It occurred during Debate on bills on Greater London Authority Bill.
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2006-07Chamber / Committee
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