UK Parliament / Open data

Planning Bill

Proceeding contribution from Tom Brake (Liberal Democrat) in the House of Commons on Monday, 10 December 2007. It occurred during Debate on bills on Planning Bill.
I start by thanking the Secretary of State, who is no longer in her place, for briefing me and my hon. Friend the Member for Hazel Grove (Andrew Stunell) on the Bill a week or so ago. Her charm offensive was successful to the extent that it better informed us of the Government's views on the Bill, but it was not entirely successful, as we have not chosen to join her in her big tent. When I considered the Bill, my starting point was to find out what it should achieve. In its briefing, the Wildlife Trusts set out fairly succinctly what the Bill should do. First, it should"““facilitate public confidence in decisions by allowing stakeholders and the public, including local communities, to have their say and views reflected.””" The Bill should ensure that we ““value the natural environment”” and that there are ““rigorous environmental assessments”” of the proposals. One could perhaps add to that a suggestion made by the Royal Institute of British Architects: the need for the Bill to ensure that we effectively entrench good design standards. We should not finish our consideration without making sure that the Bill provides an efficient mechanism for delivering critical national infrastructure. A Bill's strength often lies in its ability to command wide-ranging support from a cross-section of organisations, and I am afraid that this Bill fails that test. Liberal Democrats recognise the need to improve the way in which large planning applications are dealt with, as the current system is not working as effectively as it could. However, the key applications are often being delayed by ministerial decisions rather than by those taken in any other quarter. We are worried that the Bill will stop local communities and local authorities challenging major projects and raising legitimate concerns. The way in which the Government have treated what they call campaign responses—responses to the consultation from individuals associated with campaign groups such as the Campaign to Protect Rural England, which responded to the White Paper—and the way in which those so-called campaign responses have been, to some extent, discounted, or at least set aside from the other responses, is a worrying indicator of how the infrastructure planning commission might deal with local communities' concerns. What decision was taken about the weighting to be given to different responses to the consultation? Those are not just our concerns—they have been expressed by several organisations. For instance, the Local Government Association is worried that the new arrangements for projects of national significance will undermine local democracy. Equally, the Royal Town Planning Institute has highlighted the fact that public service agreement 21, which covers building cohesive and empowered active communities, will be endangered by the proposals as they relate to the IPC. Did the Government consider not going for this ““big bang”” approach to planning and instead reconsidering the changes proposed and adopted in 2005? Does the Minister think that the changes have had the necessary time to embed, and might not they be a better way of tackling the problem than making a completely new proposal in the shape of the IPC? Liberal Democrats will seek to table amendments if, in our view, the IPC is not suitably accountable and legitimate—and, perhaps most critically, if there is no evidence that it will be able to reject applications. That will be a key determinant of whether it is worth the money that the Government are to invest in it. Another matter that we will want to consider carefully is the amount of money that the Government are giving to Planning Aid, which, under the new arrangements, will play a significant role in ensuring that communities can have their views heard and be effectively represented. The Secretary of State confirmed that £1.5 million has been allocated to Planning Aid, and we will shortly meet its representatives to discuss whether that is a suitable sum for the job that may be allocated to it. In the Government's view, some £300 million per annum will be saved as a result of the Bill. That is welcome, but what percentage of that will relate to the private sector? It is interesting to see how much the Government expect the private sector to benefit from this and, on the other hand, how much they are willing to invest in Planning Aid to ensure that local communities have their views effectively represented. I hope that the Minister accepts that there are sincerely held concerns about the infrastructure planning commission. The IPC is the first major proposal of the Bill; the second is that of national policy statements. There is more consensus about the need for the latter, and the principle behind them—that we should not repeat arguments about national policy in relation to a local application—is sound. It would be much more effective if agreement were reached following detailed consultation and parliamentary involvement instead of arguments being repeated at each inquiry. There are, however, many questions about what will be in the national policy statements. For instance, National Grid has some very clear ideas about the role of the market in meeting UK energy requirements, the importance of securing energy supply and the Government's view on electromagnetic fields. I hope that the Minister will give more detail about the content of the national policy statements. Business supports the national policy statements. Certainly, the CBI has welcomed them, but, inevitably, the welcomes are not unanimous. The briefing hon. Members have received from the National Farmers Union raises a critical point, which others have made. There is some concern about, and a need for clarification on, how the national policy statements relate to existing planning policy. Will they overrule in their entirety planning policies on the green belt, or on playing fields, for example, or will they have to be taken into account in an appropriate fashion? I hope that the Minister will be able to provide more clarity on that point. I hope that the Minister will clarify how parliamentary scrutiny of national policy statements will work, although I understand the Government's position. They may want to be discreet in the expression of their views about how Parliament should consider the process, as that is a matter for Parliament alone, even if the Government have a private view about it. If the Government are unable to tell us how they think parliamentary scrutiny should be performed, I hope that the Minister will tell us what discussions have been held with the Procedure Committee. When a proposal along these lines was last proposed, the Committee insisted that it could not proceed within the time scales being sought. I hope that the Minister will explain whether those discussions have borne fruit, and whether parliamentary scrutiny could be subject to the same challenges. Assuming the Bill becomes an Act, the time scales the Government have in mind for implementing the national policy statements are unclear. When would the Minister expect the statements to be in place? There is an indication that some of the existing statements—those relating to aviation, for example—may be adopted as national policy statements. I hope that the Minister will explain how that will happen. Clearly, the process used for national policy statements will be different from that adopted for the aviation paper. Simply adopting that process would not be acceptable to this House or, indeed, to anyone outside it. We require some clarity on that point. The third major proposal in the Bill is the community infrastructure levy, whereby the Government propose to ensure that developers and others contribute a significant sum to the cost of local services and that it is not simply borne by local authorities. I am sure that hon. Members regularly receive representations from their local authorities or local residents worried about the scale of development and the relatively small contributions that are made, if any are made at all, towards local schools, GP practices and other facilities. The proposal is sound, but it is not universally supported. The business community is split on the subject. Although the British Property Federation believes that the proposal commands the support of the business community, the property industry and local government, it does not command the support of the British Chambers of Commerce. Housing associations believe that section 106 of the Town and Country Planning Act 1990 has been critical in ensuring that affordable housing is provided. If the community infrastructure levy is to replace section 106, I hope that the Minister will confirm how he can be certain that affordable housing will continue to be provided in certain developments. We will need reassurance. There is a broad agreement in all parties about the need to provide affordable housing, but if one of the key ways of delivering it is to be removed by the Bill, the Minister will need to justify it. In my opening remarks, I said that the strength of many Bills is their ability to command overwhelming support. The Bill fails that test. Another test is whether a Bill answers more questions than it poses, but this Bill raises a large number of questions about its main proposals. So far, at least, there is no evidence that the Government will square the circle and speed up planning applications for infrastructure in the way that all hon. Members want while allowing local communities and local authorities to have their say. The infrastructure planning commission risks becoming the ““in place of consultation”” commission. We will fight the Government's centralising tendencies and will fight for local communities' right to have their views heard. We will vote against Second Reading today.

About this proceeding contribution

Reference

469 c50-3 

Session

2007-08

Chamber / Committee

House of Commons chamber

Legislation

Planning Bill 2007-08
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