Localism Bill

My Lords, I must first declare an interest as a landowner and farmer and as chairman of the Charities’ Property Association. This is a large and complicated Bill, and there are many sentiments behind it of which I approve, but today I shall restrict my remarks to the chapters on planning and communities. Here, there are opportunities but also, I believe, considerable dangers. The Bill is what Sir Humphrey might call ““very brave””. It is in its very breadth and complexity that the biggest bravery lies. I believe that the average businessman encounters the planning system once every eight years. After the Bill, he will find that he has to learn a completely new language. That will almost certainly lead to uncertainties and delays in development, and thus economic growth. Frankly, I cannot think of a worse time for delays in development and economic growth. In this context, I worry about our national housebuilding programme, especially affordable homes and, in particular, rural affordable homes. As I said, it is a brave Bill. It is brave because not only will the system be different from top to bottom, but no one quite knows how the links between the different new bits will work, nor how the transitional phase will work. What happens to a contentious planning application during the 18-month phase it takes to get a neighbourhood plan in place? Surely the tendency must be to delay it, at a time when, as I said, we cannot afford to delay. Starting at the top, I was dismayed but not surprised to see the abolition of the IPC, which is only 12 months old. We will now no longer have the democratic will of Parliament being implemented by a time-limited and precedent-conscious body, giving certainty and confidence to potential builders of and investors in our infrastructure. Here, again, such development will be controlled by the uncertain, personal whim of whatever Secretary of State is in power at the time. That is a retrograde step in my view and, in terms of getting long-term investment in to our infrastructure, a bad idea. Coming down a layer to the abolition of the regional spatial strategies, I can quite see why that is being done. I was never a great admirer of the regional agenda, but it had a rationale in supra-local strategic planning. The proposed duty to co-operate seems to me to be a bit of a wing and a prayer. It is certainly brave. Would not a formal supra-local strategy, perhaps in line with the local economic partnership boundaries, be a better solution? In ideal circumstances, everyone knows that unpopular developments have to go somewhere and, in most instances, decisions will be taken amicably. It is possible to co-operate yet not accept your share of so-called bad neighbourhood developments, particularly if you know that, back in your patch, expectations have been raised by the new neighbourhood planning process and a whole series of well organised communities have vetoed such developments in the area. On that last point, one of the answers could, unfortunately, be to place bad neighbourhood developments in communities which lack the capacity or the funds to develop the neighbourhood plan or to hold a referendum. That would be a disastrous result for the legislation. We must therefore ensure that capacity building and funding are available to help those neighbourhoods, particularly those who do not ask for it. It must involve far more money than the mere £3 million being transferred from the planning aid budget. I fear that ““brave”” also applies to the whole concept of neighbourhood plans. It would be fantastic if they worked—if they do not become nimby charters—but, again and again, I have come across seemingly reasonable groups who point-blank refuse even to have affordable housing in their village to help their youngsters, let alone something that might be difficult to live alongside. What is to stop the process from getting into the hands of the articulate narrow-minded? The answer must be processes that instil responsibilities as well as choices. It would be helpful if we could see the new national planning policy framework before our deliberations are over. Finally, I have a word about community assets and the right to buy. The idea that one can save cherished facilities such as a shop or pub sounds good and, from a rural community's perspective, highly commendable, but when all the representative organisations of those facilities are doubtful about those proposals, you know that things are not quite right. The point that they and others make is that those assets are part of a business. Businesses are often bought and sold, and often thrive and are rejuvenated because of it. Delays in that process could be disastrous not only for the business but also for the community—say, in the event of the death of the publican or the shopkeeper. To have a six-month delay at that stage would mean that customers might wander elsewhere. To echo the sentiments of the noble Earl, Lord Cathcart, it is not the transfer of assets that deprives the community, especially when it is going harmlessly from one generation to the next; it is the change of use. Surely the moratorium to allow for community purchase would be much better implemented when a change of use is applied for through the planning process. At least then the two long-winded processes can run simultaneously and save everyone a lot of bother. I have much more to say on the community assets as currently proposed, and many other aspects of the Bill, but I will save that for Committee.