I only wish I was as beautifully dramatic and exciting as my right hon. Friend when I spoke. I am conscious that I am reading a list to the Chamber, but it is an important list because it shows the experience of so many constituents. It may be dull, but it is scary, and it is a very worrying time for our constituents.
If residents and businesses are lucky—some of my constituents have been—it is usually at around this stage that they instruct professional support, because
they are so worried. They start to think about how to object to the application. It is pretty late in the game—a long way down the track—but often people do not realise that it is an option and a lot cannot afford it. However, I am being told that people are successful in getting the applications refused in most cases where professional support is provided.
The lack of investment by the code operators in good-quality design, and the lack of mitigating features such as screening or structural landscaping, reflect the arrogant assumption that they can simply pass on societal costs of their development to the public at large, while simultaneously claiming that planning is a barrier to deployment. All those things are often lost in that long process before we get help to understand what really should be brought into the planning applications.
It is clear that, where planning permission is granted, landlords come under the real threat of a reference to the upper tribunal, and given the extremely high costs of litigation, quite a lot of people will fold at that point, regardless of the merits of their case. I have to believe that the code operators do not set out to behave in an egregious manner. I have met so many staff from telecommunications companies who come to consultations, and they are good people who want to find solutions, but time and again, these are programmes that the agents, acting on their behalf, are running through. My fear is that the totality of the changes we are looking at now, far from redressing the balance of power, will tip the scales further in favour of the code operators. As a consequence, the proposed changes in the Bill will actually exacerbate the marketplace issues being experienced, even if they try to resolve some of the legal anomalies.
I fear that we have lost sight of the mission, which is how best to deploy networks in the most appropriate places. We are trying to fix the issues we have experienced since 2017 with a piece of misused and, in effect, abused legislation that was supposed to be used as a last resort, but is now very much used de rigueur by the companies. I do not think that is the way to make improvements for the landowners and the companies, nor is it a way to roll out the improvements the country wants to see.
I want to know from the Minister how the Bill addresses what has become the main issue with the framework, which is the way costs fall on landowners and have in effect become the latest bludgeon to beat them with. The cost of seeking advice is high and will often far outweigh any consideration that is offered, even over a 10-year period. Whatever the merits of the landlord’s position, to contest any matter in the courts is very costly, and the extreme costs associated with losing mean that few but the largest with much at stake will be able to take that step, as I have mentioned. However, I think we have to keep hammering the point home.
I want to know, given that we have the experiences of things such as the water companies and the environmental fights happening all over the country, and given that we know that the Human Rights Act 1998 and article 6 provide the right to a fair hearing, why we are not seeking to strengthen the alternative dispute resolution option and thinking about making it mandatory. I disagree with my hon. Friend the Member for Boston and Skegness (Matt Warman), who is learned, in that I
do not see why we should wait to see if the measure fails before we make improvements that will support everybody to achieve the goals.
Finally, I was really disappointed that we have not worked harder to think carefully about the valuations. The information coming forward is that it is not about a slight chunk off what there is already or even an attempt to rebalance the ability to look at utility companies; the offers coming out to people with masts on their land is a dramatic change. It does not feel fair and will not achieve the goals, and I would like to hear from the Minister whether we can take another look at the valuation structure.
This has been a negative speech, but I thank the Government for the work they are doing. However, I think we can do better for everybody involved, and by doing better we will achieve some serious connectivity throughout the country, particularly in rural areas.
3.3 pm