My Lords, turning first to Amendments 92C and 97B, I fully understand the desire of my noble friend Lord Rotherwick to protect land which is an important part of national infrastructure, including the network of aerodromes, in which I am aware the noble Lord has a particular interest. I will briefly set out why adequate protection for these sites will remain without the need for the amendments proposed.
To be clear, Clause 136 will enable permission in principle to be granted on sites that local planning authorities, parishes and neighbourhood forums consider to be acceptable in line with local or national policy. The National Planning Policy Framework is very clear that, when planning for airports and airfields, they should take account of their growth and role in serving business, leisure, training and emergency needs. Therefore, if a local authority considers that a site is not suitable for housing-led development in line with national and local policy, it need not allocate it for such use in its local plan or go further to grant it permission in principle.
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I understand the concerns which underlie Amendment 97B. However, new Section 14A already includes a power which would enable the Secretary of State to exclude sites from a register. Decisions on sites to be included would need to have regard to national policy and guidance, including that relating to aerodromes. Sites in existing use, such as an aerodrome, are unlikely to be considered as available for housing under the assessment criteria we propose. If the noble Lord is agreeable, I would like to resolve with the sector any concerns as part of our ongoing consultation process on our proposals for secondary legislation.
Amendments 94A and 95A have raised important points about ensuring that the planning system continues to secure good-quality design. I understand the desire to add these amendments but will briefly explain how permission in principle will deliver well-designed places without them.
Perhaps I may set out an example of how I see permission in principle working alongside a robust policy on design in a local plan. A local authority may decide to grant permission in principle for a mixed-use scheme for between 30 and 50 residential units together with retail space. Alongside the permission in principle, it could set out policy-based expectations relating to the lay-out, density and other aspects of the detailed design it wants to see come forward as technical details consent—I think that this goes to the point raised by the noble Baroness, and I again urge noble Lords who are keen to shape this policy to respond to the consultation. The authority could even refer to a pre-prepared design code for a site. If an applicant submitted a scheme for 50 residential units including retail space but proposed a wholly inappropriate design, the authority could refuse a technical details consent.
Limiting permission in principle to uses, location and amount of development will allow the basic acceptability of a site for development to be established early in the process. This will give greater certainty to applicants upfront and reduce repeated work later in the process. Expressing detailed design through policy as part of a permission in principle in the way that I have described sets out clear expectations while allowing some flexibility for a scheme to evolve between the permission in principle and technical details consent stages. The amendments would set an unnecessarily inflexible approach to permission in principle.
Amendment 98, proposed by the noble Lords, Lord Beecham and Lord Kennedy, and the noble Baroness, Lady Andrews, would require local authority decisions on registers to consider sustainable development and good design. I understand their concerns and hope that I can reassure them that the amendment is unnecessary. The NPPF makes it clear that sustainable development should be at the heart of both plan making and decision-taking. The framework also emphasises the importance of good design and states that it is,
“a key aspect of sustainable development … and should contribute positively to making places better for people”.
It follows, therefore, that in making decisions about sites to be entered on registers, including sites that are granted permission in principle, local planning authorities will already take account of planning policies on sustainable development and good design.
Amendment 101BA would place in the Bill a duty which local authorities already carry out. While I acknowledge the commitment to the built environment and place-making, I believe that the conditions to facilitate well-designed development are in place and that place-making is taken into consideration in planning decisions.
I would also like to outline the various ways in which the Government are promoting good design, but, given the lateness of the hour and if noble Lords will indulge me, I will write a separate note on that.
I take the point made by the noble Lord, Lord Campbell-Savours, about the price of land. With a land-mass such as America, there is a lot more land for many fewer people; development is simply less dense. He knows my views on some of the proposals that he has made, but, with those comments, I ask noble Lords not to press their amendments.