Housing and Planning Bill
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769 cc2234-2370 Session
2015-16Legislative stage
Committee stageChamber / Committee
House of Lords chamberRelated items
Wednesday, 13 January 2016
Bills
House of Lords
Wednesday, 3 February 2016
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Proceeding contributions
Moved by
Baroness Andrews
89LZA: After Clause 134, insert the following new Clause—
My Lords, before I launch into my new clause, I am sure that the whole House will have noticed th...
Show all contributions (246)
My Lords, I have not spoken previously in Committee, but I took part in the Select Committee proc...
My Lords, I have listened and have been most interested, and I agree with most of what has been s...
My Lords, I had the privilege to be a member of the Select Committee on the built environment, an...
My Lords, I declare an interest as a fellow of the RIBA. I thank the noble Lord, Lord Clement-Jon...
My Lords, I agree with what has been said so far in this debate. I want to emphasise that this is...
My Lords, I remind everyone that I declared a bunch of interests at the start of the debates. I a...
My Lords, I set on record my best wishes to the noble Lord, Lord Kennedy, and wish him a speedy r...
My Lords, before I begin, I want to echo the views expressed by the noble Baroness, Lady Andrews,...
I am grateful to the noble Viscount for his reply, and I am particularly grateful to everyone aro...
Moved by
Baroness Andrews
89LZB: After Clause 134, insert the following new Clause—
My Lords, this is a very different sort of amendment, and it is about a different sort of priorit...
My Lords, I support the noble Baroness, Lady Andrews, in this very important amendment. She descr...
My Lords, I shall say a few words in support of the amendments tabled by the noble Baroness, Lady...
My Lords, I support the amendment in the name of the noble Baroness, Lady Andrews. I have been in...
My Lords, I shall add a quick comment. Of course, I support my noble friend’s amendment and the a...
My Lords, this case has been made very clearly, but I will say something about the adaptation of ...
My Lords, the accessibility of housing stock to people with mobility problems remains woefully lo...
The noble Baroness is castigating the Government for the way that developers are building residen...
Absolutely, but it would make sense for the Government to ensure that developers are absolutely c...
My Lords, I support the amendments that the noble Baronesses, Lady Andrews and Lady Greengross, h...
My Lords, I was not going to speak on this, but I would like to say a few words. Nobody can disag...
My Lords, I profoundly disagree with that case. I will refer a little later to my own experience ...
My Lords, before I respond to the amendments, I will make some introductory remarks to set today’...
I am very grateful to the noble Lord for that full response and to everyone who spoke in the deba...
Moved by
Lord True
89LA: After Clause 135, insert the following new Clause—
“Le...
My Lords, before moving this amendment, I hope that the House will not mind if I, too, express my...
My Lords, it is a pleasure to be back in harness with the noble Lord, Lord True, on matters of mu...
My Lords, this is in danger of appearing to be a sort of “all our yesterdays” discussion as regar...
My Lords, I have a very simple question to ask of the noble Lord, Lord True. I did not see any of...
My Lords, I am glad to report that my noble friend Lord Kennedy has been sent home from hospital,...
My Lords, I have probably 30 years’ experience of duelling with the noble Lord, Lord Harris of Ha...
My Lords, I feel that I might be intruding on some private arrangement as well. However, in all s...
My Lords, I am partially encouraged by what my noble friend says, but I am also discouraged. I as...
Moved by
Lord Greaves
89N: Clause 136, page 66, line 28, at beginning insert “Subject...
My Lords, Amendment 89N is the first in the group of amendments on the part of the Bill that refe...
My Lords, as the noble Lord has just reminded us, we have at last come to the part of the Bill wh...
My Lords, I am confused—or perhaps puzzled—because earlier this afternoon the noble Viscount, Lor...
My Lords, the amendment to Clause 136 in the name of the noble Lord, Lord Greaves, enables us to ...
My understanding, having read the technical consultation, is that that is exactly the position. O...
I understand the noble Lord’s point, and he is quite right that we have to tease this out. My nob...
I absolutely accept the points that the noble Lord is making about the difficulty of engaging loc...
It is probably more for my noble friend the Minister to explain how the processes work. My point ...
Following on from what the noble Lord said—although perhaps the Minister will put us right—my und...
My Lords, I wish the noble Lord, Lord Kennedy, a speedy recovery and I am glad to hear that he is...
I thank the Minister for that. It is a strain trying to do a Bill four days running. We cannot ke...
The noble Baroness is very welcome. We learn these things as we go along. I also confirm to noble...
I thought it was worth interrupting the Minister at this point because of the definition of “tech...
My Lords, when setting out the local plan, local authorities will have to be clear on things such...
That is very helpful but I think what is concerning people is not what additional material consid...
I assure the noble Lord that absolutely it will. The rigour that exists in the current planning s...
Can the Minister indicate to the House whether the Government have a particular ceiling in mind f...
I am making an assumption here, but I would say that a minor scheme would be one with no more tha...
I am a bit confused by the Minister’s language. When she said that they should be negotiated befo...
Yes, it would be. The development cannot go ahead unless the technical details have been agreed. ...
The noble Baroness may be inciting me to withdraw my amendment, because some archaeological sites...
The noble Baroness is absolutely right that the archaeological aspect of a site could be mitigate...
Perhaps I may ask the Minister about a point that has been puzzling me. Does the duty to co-opera...
Yes, my Lords. Indeed, I would reinforce the point that the duty to co-operate, particularly on l...
Yes. I thank the noble Baroness.
Perhaps I may reaffirm that if a local authority considers that a site is suitable for housing-le...
I will not ask the Minister to do so now, but will there be a definition in guidance about what h...
Yes, my Lords. I can give an example of what that might include. It may be a retail community and...
My Lords, I am grateful for the care with which the Minister has answered and taken part in the d...
Moved by
Lord Greaves
90ZA: Clause 136, page 66, line 31, leave out “technical” and i...
My Lords, this is a miscellaneous group relating to planning in principle. In moving Amendment 90...
My Lords, I intervene briefly to support quite a lot of what the noble Lord, Lord Greaves, has ju...
My Lords, I support the point just made that language is very important in this matter, but I am ...
I, too, agree that language is important and what might be talking down to one person might feel ...
On the last point the Minister raised, when the permission in principle is allocated the local au...
The noble Baroness raises a vital point. The lack of some upfront costs will help the smaller bui...
It does depend on the local authority and the small builder knowing what they are looking for. It...
I hope the noble Baroness will engage with the consultation. In fact, her words tonight will form...
My Lords, the problem is that getting permission in principle will not provide certainty. All it ...
Moved by
Lord Greaves
90A: Clause 136, page 66, line 32, leave out “a prescribed peri...
My Lords, I submitted some of the amendments in this group before I got further information by re...
My Lords, I rise with, I promise, uncharacteristic brevity to speak to Amendments 93 and 96, whic...
My Lords, the effect of all four Amendments 90A, 95C, 96ZB and 96 would be to put a timeframe in ...
Did I hear the Minister correctly? She indicates that she is thinking of a five-year period, but ...
The noble Lord is right; as I just said, we are currently consulting on setting the limit at five...
Does the Minister mean that she is thinking about a government amendment to this clause on Report...
My Lords, I am saying that we have no intention of setting it out in perpetuity; we are consultin...
On the question of five years, if I remember correctly, the limit for outline planning applicatio...
I take the noble Lord’s point; I hope that all that would come out in the consultation and that w...
While we are on this, in principle—I hate to use that word here—there might be no reason why, if ...
My Lords, there is no intention to penalise local authorities; the Government made it quite clear...
I do not disagree with that at all.
If I could just complete this point, the noble Lord can come in afterwards. On Amendment 93C, I r...
It would be very helpful to have a bit more information about some of the Government’s thinking o...
My Lords, I do not think that a local authority would want to put a permission in principle on a ...
I am sorry to pursue the detail, but it is important. There might be a permission in principle on...
Moved by
Baroness Hayter of Kentish Town
91: Clause 136, page 66, line 36, at end ins...
My Lords, Amendment 91 stands in the name of my noble friends Lord Beecham and Lord Kennedy and i...
My Lords, I have four amendments in this group that pursue the question of what should be in perm...
My Lords, I have two amendments in this group that I hope take forward some of the matters which ...
There is nothing wrong with that.
Honestly, I am not obsessed with archaeology, but it seems a good example of what might happen, b...
My Lords, I support Amendment 91 and the amendments down in the name of the noble Lord, Lord Grea...
May I start on a cheery note and reassure the noble Baroness that I did send the flow chart out w...
Does that include access to the local highways?
I do not think that the site would get permission in principle if there were no access to the sit...
That is the first time we have heard that. Does that mean that there can be changes to PIP if the...
I understand that it could be modified in an extreme circumstance such as that. This is a rare ci...
The Minister has just made a concession and agreed to my noble friend’s point, but she talks in t...
The noble Baroness has raised something that I have said I will take away. I will also take away ...
I am very grateful for the noble Baroness’s response. I will read Hansard properly because I want...
I hope that I can reassure the noble Baroness that that is certainly one of the things that could...
That was very interesting and we are making a bit of progress. I will put a particular instance t...
My Lords, the noble Lord will know that outline planning permission is entirely different from pe...
My Lords, on behalf of everyone who has spoken, I thank the Minister for dealing with that. We wi...
Moved by
Baroness Parminter
92: Clause 136, page 66, line 36, at end insert—
“(...
My Lords, I am a strong supporter of brownfield first when it comes to housing, but I have a part...
My Lords, I support these two amendments to which I have also put my name. It is distressing that...
My Lords, this is an important amendment and I hope that my noble friend will listen carefully to...
My Lords, I cannot too strongly support the views expressed by the noble Baroness, Lady Parminter...
My Lords, these areas are described in common parlance as brown land or brownfield sites. Althoug...
I thank the noble Baronesses, Lady Parminter, Lady Young and Lady Bakewell, and the noble Lord, L...
My noble friend says that if the site was of the relevant kind and the local authority thought th...
As I said, if there are sites of environmental sensitivity that are not suitable for development ...
One of the points of this amendment is to pin down the concept of high environmental value rather...
A definition in the Bill would remove discretion and override a local understanding of the enviro...
I thank the noble Baroness for her comments and her acceptance that this is an important issue. I...
Moved by
Lord Tope
92B: Clause 136, page 66, line 36, at end insert—
“(4) A dev...
My Lords, I will move Amendment 92B and also speak to Amendment 96A. I begin by raising a couple ...
My Lords, I support the amendments proposed by the noble Lord, Lord Tope. I was surprised when he...
I am grateful to the noble Lord, Lord Tope, for his comments on these amendments, and to the nobl...
For the avoidance of doubt, will the Minister confirm that the Government do not intend to extend...
Yes, I can confirm that.
My Lords, I am grateful to the Minister for that reply. I think she said that this would give Lon...
Moved by
Lord Rotherwick
92C: Clause 136, page 66, line 36, at end insert —
“(4...
My Lords, I thank my noble friend and her officials for the time they gave to address my concerns...
My Lords, I support the amendment moved by the noble Lord, Lord Rotherwick. I also have to declar...
My Lords, I will speak to Amendments 94A, 95A and 101BA, in my name and those of the noble Barone...
My Lords, I declare an interest as an honorary fellow of the RIBA. I shall speak to Amendments 94...
My Lords, I rise very briefly as a member of the Select Committee to support Amendments 94A and 9...
My Lords, I would also like to speak to Amendments 94A and 95A. I mentioned the importance of des...
My Lords, my noble friends Lord Beecham and Lord Collins and I have an amendment in this group. I...
My Lords, I will speak just a few words on Amendment 98A. It is quite odd that in this debate no ...
My Lords, I hesitate to disagree with my noble friend because I entirely agree with him that the ...
My Lords, we are reserving remarks about the register until later, so I am puzzled about the regi...
My Lords, turning first to Amendments 92C and 97B, I fully understand the desire of my noble frie...
My Lords, I thank my noble friend the Minister for her comprehensive reply and her offer to talk ...
Moved by
Lord Shipley
92HB: Clause 136, page 67, leave out lines 7 to 18 and insert—<...
My Lords, Amendment 92HB would rewrite new Section 59A(2) that is inserted into the Town and Coun...
My Lords, if Amendment 92HB is agreed to, I cannot call Amendments 92J to 92M inclusive for reaso...
My Lords, I thank the noble Lord, Lord Shipley, for his comments on Amendment 92HB. The Governmen...
My Lords, I am grateful for the Minister’s reassurance on the matter and look forward to learning...
Moved by
Baroness Andrews
96ZBA: Clause 136, page 68, line 26, at end insert —
...
My Lords, I am moving this amendment in the name of my noble friend Lord Beecham. I admit that I ...
My Lords, the effects, implications and consequences of the planning in principle and technical d...
My Lords, I turn first to Amendment 96ZBA. The NPPF and our planning practice guidance stress the...
My Lords, I must confess that I am a bit confused. I will have to read Hansard carefully. At the ...
My Lords, I tabled this as a sweep-up, in case we had missed something. I am not sure there is an...
I confirm to the noble Lord that it would have to be categorised as housing-led development. For ...
Moved by
Lord Greaves
96B: Clause 137, page 68, leave out lines 37 and 38 and insert ...
My Lords, this clause is effectively about brownfield registers and we have already covered some ...
My Lords, if Amendment 97D in this group is agreed to, I cannot call Amendment 98 for reasons of ...
My Lords, I will be brief and I will not repeat the rather impassioned speech I made another day ...
My Lords, perhaps I may comment on Amendment 97C, tabled by the noble Lord, Lord Greaves, in whic...
My Lords, I rise to support the direction of travel of my noble friend and to pick up on one of t...
My Lords, I do not usually make my first visit to the Dispatch Box at 10 o’clock at night, but pe...
Before I begin my comments, can I just say to the noble Baroness, Lady Young, that apparently the...
I am grateful to my noble friend for agreeing to write but I am worried about the regulatory burd...
I fully understand that the Minister is going to write to us but if she could give us a hint abou...
Yes, they are included—I hope.
My Lords, the Government Chief Whip has walked in so he will want me to beg leave to withdraw my ...
Moved by
Lord Greaves
96C: Clause 137, page 68, line 38, at end insert—
“( ) A ...
My Lords, these are just two straight questions about the status of the register. Will it be a lo...
Amendments 96C and 96D seek to define registers as local development documents and development pl...
I am grateful for that reply. I think the answer is no. I have the information I wanted, and I be...
Moved by
Lord Greaves
98B: Clause 137, page 69, line 38, at end insert –
“14B V...
My Lords, Amendment 98B is about the viability of brownfield sites and what happens to brownfield...
My Lords, I am slightly puzzled by the tenor of the noble Lord’s argument. I quite understand his...
My Lords, it is very simple. Housing associations are organisations which have to run commerciall...
I can see the argument for housing association provision, but I would not have thought it would r...
Some local authorities were sensible enough, or foolish enough, according to your view—I was agai...
I stand corrected on the experience of Pendle, but that is not necessarily typical, one hopes. I ...
I thank noble Lord, Lord Greaves, for his amendment. I reassure him that the Government are fully...
I am grateful for that reply. My only comment is that I want the Minister to say that non-viable ...
Moved by
Lord Clement-Jones
99: After Clause 138, insert the following new Clause—
My Lords, I shall speak also to Amendment 100 in my name and those of the noble Lords, Lord Steve...
My Lords, I also have amendments in this group, although they are unrelated, but I will speak to ...
My Lords, once again I support the noble Lord, Lord True, in as strong terms as he has spoken to ...
My Lords, I congratulate the noble Lord, Lord True, on his amendment. He is absolutely right to d...
I support the amendment and, in doing so, declare my interests as chair of Peabody and president ...
I support this amendment, because I recognise why this measure was introduced. In parts of the no...
My Lords, Amendments 99 and 100 would insert into the Bill requirements on local authorities and ...
My noble friend Lord Clement-Jones asked a further question about the retrospective nature of the...
I will write to the noble Lord with details of the revised guidance and in response to the other ...
It is very good of the Minister to offer meetings, but we are on the eve of the Recess. The first...
I said I would meet them before Report. This part will not come to Report on day one, which is wh...
Perhaps the Minister will bear with me. She is offering to meet, which is desirable, but does tha...
I think my noble friend’s principal concern is the effect on Richmond of the permitted developmen...
In the event that the Minister meets her officials during the Recess, instead of meeting the two ...
My Lords, I am very happy to write to noble Lords on the back of a discussion.
I am sorry to press the Minister, but important though Richmond is, it is not the only place wher...
Yes, my Lords. I am not excluding anything; I am simply making the offer to the two noble Lords w...
My Lords, I apologise for having provoked a lengthy debate at this time, but it is Committee and ...
My Lords, I am afraid that even as regards Amendments 99 and 100, the Minister has only a partial...
Moved by
Lord Palmer of Childs Hill
100ZA: After Clause 138, insert the following new...
My Lords, the clock moves towards midnight, and we are on the eighth of nine days where probably ...
Under the noble Lord’s proposed new Section 58A(2)(b),
“development on the land must be com...
My Lords, the intention is to get the development started within five years and finished within s...
Then why not simply make it subsection (2)(a) on its own with a seven-year limit?
Developers work by first applying for planning permission. We are saying that once they have the ...
My Lords, the person the planning permission has been granted to might not necessarily be the one...
My Lords, the actual development has to take place with the original developer—but on the suggest...
I totally agree—the land is where the planning permission sits, but that is not what the noble Lo...
The noble Lord, Lord Porter, has a point.
Let us get a lawyer to sort it out.
No, I am not going to sort it out—but I was going to suggest that one way in which to look at it ...
I am sorry to contradict a lawyer, and I shall probably get slapped down for it, but the planning...
I thank the Minister for her reply. The facts of the matter are that, on large sites, developers,...
Moved by
Lord Palmer of Childs Hill
100ZAA: Clause 139, page 70, line 19, at end inse...
I rise on behalf of the noble Lord, Lord Tope, who is no longer in his place because of the hour ...
Perhaps the noble Lord could help me. The amendment as drafted refers to the substitution of the ...
There is to be a choice at times. There may be times when it is appropriate for it to be the Secr...
With respect, that is not what the amendment seems to say. The Minister and I are in rare agreeme...
I think we might be. I will start with Clause 139, which amends Sections 62A and 62B of the Town ...
I beg leave to withdraw the amendment.
Moved by
Lord Taylor of Goss Moor
100ZABA: After Clause 139, insert the following new...
My Lords, I rise to move this amendment on behalf of the noble Lord, Lord Lucas, who is unfortuna...
My Lords, I support this amendment. Buried among the thicket of amendments that we have considere...
I thank noble Lords and in particular the noble Lord, Lord Taylor, for speaking on behalf of the ...
I thank the Minister for her very positive response. I would have spoken to this amendment whethe...
Moved by
Lord Greaves
100ZABB: Clause 140, page 71, line 14, leave out “non-delegated...
My Lords, unlike some of the younger people in this Chamber tonight, I have run out of energy, so...
My Lords, Clause 140 ensures that the likely financial benefits of certain development proposals ...
My Lords, I am lost in admiration at the vigour and energy that the Minister still has at this ti...
Moved by
Baroness Gardner of Parkes
100ZAC: Clause 141, page 72, line 1, at end inser...
My Lords, I am so glad that we are taking this amendment, after having sat here these many hours....
My Lords, I have an amendment in this group. It is a very important subject and it is a great pit...
My Lords, I do not wish to drag this out any longer, but I feel the need to support this amendmen...
I add my support to this amendment, which goes to the heart of an issue of performance and capaci...
My Lords, I will speak briefly because we should all be in bed already, but I agree entirely with...
My Lords, the amendment in my name and those of my noble friend Lord Kennedy and the noble Lords,...
My Lords, the noble Lord, Lord Beecham, quite rightly said that all three of these amendments are...
My Lords, I hope that we can end on a happy note this evening. At present, any regulations that a...
I appreciate that the hour is late but will the Minister confirm what she has just said? She has ...
I hope that the noble Lord and I are saying the same thing. We are saying that we are enabling gr...
Flexibility down.
Perhaps we can argue that on Report.
For clarity, is it the Minister’s understanding from the technical consultation document that und...
Yes, it is, my Lords. I am sure we will argue this long and hard on Report.
Amendment 100ZA...
My Lords, I am most grateful to everyone who has taken part in this debate, particularly as the C...