My Lords, I support this amendment, to which I spoke at greater length in Committee. I shall summarise my earlier points. This proposal for a parish council or neighbourhood to be able to appeal against a planning approval that cuts across an emerging neighbourhood plan was raised in the other place by Nick Herbert MP, with support from Sir Oliver Heald MP and Andrew Bingham MP, all Conservative Members, whose views were shared by Dr Roberta Blackman-Woods MP for the Opposition. Mr Nick Herbert said,
“speculative developers try to get in applications ahead of the completion of neighbourhood plans or even after they have been completed … either they are upheld by the local authority, which is fearful of losing an appeal, or the developer makes an appeal that is upheld by the planning inspector. The development is then allowed to go ahead”.
This totally undermines all the hard work of the volunteers who have spent endless hours gaining support for the neighbourhood plan before, to quote Sir Oliver Heald, it is,
“trashed by an application by a speculative developer ”.—[Official Report, Commons, 5/1/16; col. 222.]
This is a deficiency in the otherwise sensible arrangements for neighbourhood forums and plans which were devised and introduced by Greg Clark, now the Secretary of State for Communities and Local Government.
I have declared my interest in the excellent neighbourhood plan for the Cerne Valley in Dorset, where I own some land within the area covered by the plan. I followed the progress of the local volunteers who brought together this neighbourhood plan from the summer of 2011 until its approval in a public referendum on the plan in January 2015. The nerve-racking hazard facing all the local people involved was that their hard work was at risk from a developer putting in an application which in no way accorded with the emerging neighbourhood plan. Had this happened, neither the parish council or the neighbourhood forum would have had any way of appealing and the council itself would not have been able to use the neighbourhood plan to determine the planning application until the referendum on it was done and dusted. For all the 1,800 neighbourhood forums currently preparing neighbourhood plans, and all those to come— the noble Baroness, Lady Parminter, tells us that 9,000 could come down this route, and I hope there will be many more—this amendment would overcome the problem.
If the Minister wanted to modify this amendment so that the neighbourhood right of appeal applied only once the emerging neighbourhood plan had reached a later point in its progress—as was suggested earlier by some noble Lords—I feel sure that this would be acceptable to the proposers. I hope that the Minister will indicate a move in this direction. I support this amendment.