That this House has considered the role of neighbourhood plans in national planning policy.
It is a pleasure to serve under your leadership today, Ms Ghani. I thank the staff in Westminster Hall and colleagues who have come to speak in this important debate.
The public often do not think about planning as imperative to their lives, but it is something that happens to them all the time, whether they are conscious of it or not. People are usually only conscious of planning when it is pressed on top of them, and that is an important principle for us to think about. At the heart of this 90-minute debate is neighbourhood plans, which give local people the chance to take control of how they see development in their area. I think it would be useful to set out where neighbourhood plans came from, the problems with them and, most importantly, their future.
If we look at the history of neighbourhood plans, we see that the Localism Act 2011 allowed them to be brought forward. That Act allowed parishes and neighbourhood forums to develop neighbourhood development plans and neighbourhood orders. Neighbourhood plans were about the use and development of land, and they would contain a vision, aims, planning policies and proposals to improve the area, provide new facilities or allocate key sites for specific development, with a possible focus on social, economic and environmental issues. Neighbourhood development orders were for parish or town councils, or neighbourhood forums, to grant planning permission for certain kinds of development within a specific area. This was all held together with the legal framework— section 116 of the 2011 Act—that brought into effect schedule 9 to that Act and inserted into the Town and County Planning Act 1990 schedules 10 and 11.
The main object of neighbourhood plans was to guide and shape development in a particular area around national policies, while conforming to local strategic policies. Changes in the Housing and Planning Act 2016 and in the Neighbourhood Planning Act 2017 sought to simplify and speed up neighbourhood planning processes, and allowed for greater intervention by the Secretary of State in the process of making neighbourhood plans. Further still, in the Housing and Planning Act 2016, local planning authorities were required to make both neighbourhood development plans and neighbourhood development orders
“as soon as reasonably practicable after the referendum is held”.
There was a further update in the Neighbourhood Planning Act 2017, allowing neighbourhood plans to be modified and dealt with in situations where a plan is needed but covering slightly different geographical areas from the previous one. Finally, changes to the national planning policy framework in 2018 mean that neighbourhood plan policies for the supply of housing should not be considered out of date if the plan is less than two years old.
That is a little bit of background about neighbourhood plans and where they are at, but it is worth giving an overview of the process of getting a neighbourhood plan up to date. Draft plans and orders must pass an independent check and then be put to a local referendum. If there is a majority vote in favour, the local planning authority must adapt that plan, subject to legal compatibility.
The LPA has a statutory role to support neighbourhood planning, such as by undertaking independent examination of the neighbourhood plan, and it runs neighbourhood planning referendums. The Government state that neighbourhood planning should not be a way to block necessary developments. Neighbourhood plans should support the strategic needs set out in the local plan, and they cannot promote less development than is set out in said local plan.
Neighbourhood plans can allocate sites additional to those set out in the local plan and propose sites different from those in the local plan, in discussion with the LPA. The plan can identify areas for protection, such as open spaces valued by the community or green spaces that meet local green space criteria.
That is where we have come from and, broadly speaking, it is a great approach to take forward. I think most in the House would agree that the principles enshrined in this legislation are moving in the right direction, but what is the reality we are living with at the moment? It is fair to say that neighbourhood plans are not for everyone, nor should they be. Communities should want to come forward to design and shape the planning of their community —in essence, the shape and feel of what they have.
In my area of Bosworth, many groups have come forward by choice to make a difference and take responsibility for their local planning area. A second reason for doing so is necessity, because the system is failing. There are no protections, because we do not have an up-to-date local plan. Let me explain what we are living with at the moment. I have two tiers of council: a county council and a borough council. The borough council is responsible for the local plan, but the county council intersects with the infrastructure and the signing off of that plan, and this is all done through the framework of national planning.
Planning is a very difficult issue for an MP. The most common issue in my inbox is inappropriate development in my area. At the same time, people ask me to step in and make changes to individual planning applications. We all know that an MP cannot do that. Without an up-to-date local plan, it is open season in my area. It is a desirable place to live, set perfectly in the heart of the UK. Quite literally, we have the middle of England in my constituency. We have beautiful rural countryside and we are close to the city of Leicester, so the area has a lot to offer. The problem is that with a piecemeal approach to planning, we have huge problems to solve with infrastructure and providing the amenities and services we need.
Across the House, we all agree that nationally we need more houses, but that message seems to have been lost locally, with the Liberal Democrats saying that the issue is the Government’s agenda of putting in 300,000 houses. However, in the “Access to Affordable Housing” section of their 2019 manifesto, the Liberal Democrats state that they will:
“Build at least 100,000 homes for social rent each year and ensure that total housebuilding increases to 300,000 each year.”
James Gray (North Wiltshire) (Con)
My hon. Friend makes an important point about the Liberal Democrats and the fuss they make about all this. Is it not disappointing that no Liberal Democrat Member has chosen to come to this extremely important debate on the subject?
Does the hon. Gentleman acknowledge that there is somebody from the Opposition who has come to support today’s debate, and to show Labour’s position on supporting planning and ensuring that it is affordable?
I am hugely grateful to the hon. Member for Coventry North West (Taiwo Owatemi) for pointing that out. I believe that my hon. Friend the Member for North Wiltshire (James Gray) was referring to the Liberal Democrats, who I quoted in my speech. It is fantastic to see a Labour counterpart here to take part in this debate. This issue is important to all our communities, no matter which party we represent, and I am eternally grateful to her for being here to hear what we have to say.
I raised the point I was making because of the essence of our housing system. We need the right houses in the right place, with the right infrastructure and the right protections for our heritage and environment. We need houses that families can aspire to. In my area, more importantly, we need houses that the elderly generation can downsize to. We are struggling with both of those, not just in my area, but across the country. If we do not get this right, we risk losing our vibrant, rural aspects to suburban sprawl, with no thought given to where it should be. Piecemeal development does not help anyone—from schools to infrastructure and amenities, such as doctors surgeries—when we know that the country is under pressure.
How do we take this forward? Neighbourhood plans are a good way to help. This is where national policy intersects with localism, and rightly so. In my constituency, I have vanguard neighbourhood plans, such as in Market Bosworth, which has led the way for years in developing its plans. Various other areas, such as Markfield, Stoke Golding and Burbage, are all at different stages of working their way through their neighbourhood plans.
I am eternally grateful to the councils and individual constituents who have taken the time to go through what is, at times, a laborious, technical and painstaking process to try to get a result. What infuriates them more than anything else is that this has been ridden roughshod over because we do not have an up-to-date local plan. We must find a way to try to strength neighbourhood plans. In answer to the question:
I am most grateful to you for your chairmanship, Ms Ghani, and for promoting me. I am, in fact, just Mr James Gray at this stage, though you never know; it might be in the post. It is most kind of you, none the less.
It is a great pleasure to serve under your chairmanship. My congratulations to my hon. Friend the Member for Bosworth (Dr Evans) on securing the debate, and on explaining what is often an abstruse, complicated and difficult area, in the clearest and most sensible terms. The way he framed his speech was extremely useful, and it will be well read up and down the country by local authorities and others who are considering neighbourhood planning.
I agree with my hon. Friend that planning should be about how many houses and where. I would add “and when”, because the timing of development is extremely important. I am a strong supporter of neighbourhood planning, and I had the great luck to be here in 2011 when the Localism Act was one of the first to be passed by the coalition Government.
We brought in neighbourhood planning, because we felt that decisions about planning should be given to the lowest possible level. We thought that local people should be allowed to decide what houses they want, where and when, as well as what the rest of the neighbourhood should look like. I am glad that Malmesbury in my constituency was one of the first places to spend an enormous amount of time and effort on bringing forward a neighbourhood plan. It is a very good document that works extremely well, and many other places around the country have based their neighbourhood plans on the Malmesbury example.
Neighbourhood planning is a great idea that I strongly favour, but I have three little reservations, which the Minister might be able to answer in his wind-up. Alternatively, he might be able to include some of these notions in the amendments that are no doubt coming forward to the Levelling up and Regeneration Bill, which, as my hon. Friend the Member for Bosworth said, starts its progress through Parliament tomorrow.
My first reservation is that in neighbourhood planning, there is a presumption in favour of expansion. It is not possible for any neighbourhood to say, “We like it precisely as it is today. We want no more houses. We do not want any change. We would like it to stay as it is.” No matter how beautiful, how perfect or how remote the neighbourhood may be, the neighbourhood plan, by definition, presumes that there will be growth.
The neighbourhood plan people go around and have the following conversation with people in their houses. “How many children have you got? Would you like them to remain in the village?” “Oh, yes, I would.” “Are there any houses?” “No, there are not, because in this village every house costs £1 million, and there are no houses for them at all.” “Oh, jolly good. Three children; that’s three more houses for this village.” The neighbourhood plan writes into itself a presumption in favour of growth. In some places, that makes sense. If there is a way to bring in low-cost housing for local people, that is much to be desired.
Thank you, Ms Ghani. It is a pleasure to be called and to follow the hon. Member for North Wiltshire (James Gray). His contribution was full of personal experience and knowledge. His input to this debate, for Hansard and for the Minister, in particular, is one that cannot be ignored. I say that in all honesty because there is a depth of knowledge in his speech and we should all take note.
I congratulate the hon. Member for Bosworth (Dr Evans) on securing the debate. Although the subject is a devolved matter in Northern Ireland, I try on all occasions to come to Westminster Hall to support those who have secured debates and to add a Northern Ireland perspective. I have had a particular interest in planning for umpteen years. I served on Ards Borough Council for some 26 years. I started in 1985—a long time ago. Planning was one of the major issues, so I have a real, deep interest in planning matters. That is why, when I saw that the hon. Member for Bosworth had been granted this debate, I wanted to come along and make a contribution.
From the outset of this debate, it is clear that our differing planning systems mean differing strategies. However, underpinning our planning systems is the fact that we move with the times and build in our expectations. I have worked on planning over the years, both as a councillor in a previous life and in the Northern Ireland Assembly, where we were responsible for some planning matters, although planning is devolved in its entirety to the councils. I think the hon. Member for Bosworth referred to the two stages of planning—local and county level—but in Northern Ireland, the councils control all of that: the local part and the strategic part, ensuring that the development is done in the right way.
I chair the healthy homes and buildings all-party parliamentary group. In my capacity as chair, I understand the need for people to have better homes. The hon. Member for North Wiltshire is correct: the Government have the responsibility to provide homes. This Government have made a commitment to build homes, which is something I support. I support that back home, as well. Very often, we are given a choice betwixt a rock and a hard place, because developments and houses are needed. I will give some figures in relation to that later on. The APPG focuses on the need to build modern, efficient homes, with amenities included, where access to schools and GP surgeries is in place and the road structure is there. That is all part of it.
Thank you, Mr Shannon —a vital contribution, as always. I call Mr Anthony Mangnall.
3:06 pm
20 of 49 shown
“Can a Neighbourhood Plan come forward before an up-to-date Local Plan is in place?”
the House of Commons Library states:
“Where a neighbourhood plan is brought forward before an up-to-date Local Plan is in place the qualifying body and the local planning authority should discuss and aim to agree the relationship between policies in…the emerging neighbourhood plan…the emerging Local Plan…the adopted development plan…with appropriate regard to national policy and guidance”.
There is a framework there, but I question what that looks like in reality.
If only there were a legislative vehicle coming forward that could make a change. Well, it just so happens, as the eagle-eyed among us will have seen, that a Bill is being introduced tomorrow that will try to pull together and streamline 70 years of a fragmented planning system. I am pleased to see that this is taking place. There is lots to like in the Levelling-up and Regeneration Bill: simplification, design codes, choices opening up for developers and stopping land banking. Many of these matters go far wider than today’s debate, but there are five guiding principles. Hon. Members who have heard me speak on planning may argue about the acronym with the Secretary of State, but I will not be going there today.
The aim of the Bill is to support local communities to have control over what is built, where it is built and what it looks like, and to create an incentive for developments to meet set standards, with the aim of developing high-quality design and beautiful places and to protect our heritage. The Bill will enable the right infrastructure to come forward where it is needed, enable local democracy and engagement, foster better environmental outcomes and allow neighbourhoods to shape their surroundings, because that is where the impact of planning is most immediately felt. The last point is really important, and it is why I have called the debate.
In among those details, the Bill says that local plans will be given more weight when making decisions on applications, and the same weight will be given to other parts of development plans, including neighbourhood plans prepared by local communities. There will be opportunities for communities and interested parties to influence and comment on the emerging plans, which will be supported by digitalisation to ensure plans and data are accessible and understood easily. It will ensure that neighbourhood plans are given weight in planning decisions and in the development of neighbourhood priorities, with a statement to be taken into account when preparing the local plan.
Additional parts of the Bill state that neighbourhood plans will focus on development and use of land that contributes to the mitigation of, and adaptation to, climate change. That is done through a neighbourhood priority statement, which will set out the prevailing view of the community in a neighbourhood area on local matters including development, housing, the natural environment, the economy, public space, infrastructure, facilities and services in the area.
This is the prime evolution of where we are going with localism and neighbourhood plans, and I am pleased to see it. I would be more pleased if the Minister addressed some of the areas I have mentioned and talked about what the system will look like. We need to ensure that when it is working well, it runs at its full potential. Even more so, we need to know what it means for a community such as mine when the system starts to fall apart.
In closing, we have seen where the evolution of neighbourhood plans has come from. I have touched a little on the problems that we face when things do not go quite to plan—pardon the pun. Of course, we have opportunity for the future. I think we can all agree, yet again, that we need the right houses in the right place, with the right infrastructure, and the right protections for our heritage and environment. I would be grateful for the Minister’s response.
None the less, the principle of looking simply at the number of children under 10 in the village and working out from that how many houses will be needed in 20 years’ time is totally flawed. Like it or not, our children tend to go off to the nearest big town or city and will not remain in a remote little rural village. The houses built on that presumption tend to be three, four or five-bedroom houses for executives who come in from elsewhere. It is no longer about low-cost housing for local people. It becomes an unreasonable development of that area. That is my first reservation: neighbourhood planning presumes growth in the number of houses, and I think that is wrong.
My second reservation is perhaps easier to deal with, and my hon. Friend the Member for Bosworth touched on it briefly. Under revisions that were made to legislation in 2018 or 2019, the Government brought in the stipulation that the neighbourhood plan is valid for only two years. That might have seemed a good idea at the time, but it takes about two years to develop a neighbourhood plan. By the time it comes to the consideration of a big planning application of the kind that we see across Wiltshire at the moment, the neighbourhood plan is out of date. There is no point in having it if two years later we say, “It is no longer an important document.” All of the thousands of person hours put into creating a neighbourhood plan in the first place are, by that means, wasted. We should look again at the stipulation of a two-year limit on the validity of a neighbourhood plan. We could perhaps reverse it and say that the neighbourhood plan will be valid unless local people ask for it to be changed, and that it remains valid not for all time but perhaps with a 20 or 30-year limit, so that by and large the neighbourhood plan becomes the rule.
My third reservation about neighbourhood planning is slightly more complicated, but I will take the example of my hon. Friend the Member for Bosworth and try to make this as straightforward as I possibly can. It is a consistent problem in Wiltshire. The five-year housing land supply figures that are used in considering whether an application should be allowed are based on the completion of estates in the area. In other words, if the planning inspector is worried about it and Wiltshire Council is correctly concerned so it turns down an application for a big development, the inspector will then look at the five-year housing land supply figure, which I will come back to in a second, and almost inevitably find in favour of the developer. There is a big presumption in favour of the developer under those conditions. That of course means that Wiltshire Council lands up paying the barristers’ fees, which can often be substantial.
Unsurprisingly, officers have been correctly saying, “We must be very careful as councillors. We must not allow you to turn something down if we believe you will then lose at appeal.” That is where, as my hon. Friend the Member for Bosworth says, the local and the national intertwine in the person of the planning inspector, who considers the rules under the national planning policy framework, and by and large they tend to favour the developer.
I mentioned in passing the notion of the five-year housing land supply figure. This is a complex area of the law, but the law states that the local authority is required under the local plan to make available enough housing land that is readily developable for five years. If that figure is based, as I understand it is, on completions—estates that are completed—we are by definition writing into the law a presumption that the developer will not complete it. We see that all the time in Wiltshire. Developers go out of their way not to complete the development, not to provide the primary school that was part of the section 106 agreement, and not to complete the number of houses. By that means they can say that the development has got 500 houses, that it is not complete, and therefore it does not form part of the five-year housing land supply. That means Wiltshire Council has consistently got 4.6 years and 4.8 years rather than five years, and that means the inspector will then always say, “The developer has it. The developer will get it because Wiltshire has not completed the five-year housing land supply figure.”
The situation is unfair because we have written into the system a presumption in favour of developers not doing what they ought to be doing and completing the estate. A simple change would correct that: instead of the figure being based on completions in an area, it could be based on planning permission granted on land. If every time a developer who had a completable application granted said, “I am going to build 500 houses on that piece of land there and I can demonstrate it can be done”, that should count against the five-year housing land supply, which would then mean that Wiltshire, for example, would have something like a six-year housing land supply and therefore local people could decide where and when they wanted the housing.
At the moment, the neighbourhood plan is a worthless piece of paper. All that happens is that local people say, “We want housing there and there”, but an inspector says, “I am very sorry. With the five-year housing land supply, your neighbourhood plan is a waste of time. It is a worthless piece of paper and I am going to overrule you. And not only that; I am going to give you £100,000-worth of barristers’ fees against the council tax payer”, and of course the council does not want to do that.
Now is the time to change, probably under the new Bill. The Minister might like to consider very carefully this question of the five-year housing land supply, detailed as it may seem. I may be proved wrong—I am no expert in these matters—but there is a straightforward and simple way of correcting things. Instead of the five-year housing land supply being based on completions, it could be based on developable planning permissions granted.
I again congratulate my hon. Friend the Member for Bosworth for calling this excellent debate. It is a terribly important time. We have to supply houses for our people. The Conservative Government’s plan to provide 300,000 houses—if I remember rightly—is extremely good, and we have to find a way of doing that. We have a great problem with homelessness and the lack of housing. The question, though, is where those houses should be and when they should be built.
At the moment, the planning system does not take account of local interests and beliefs and neighbourhood planning. It takes account of nationally set targets, which tend to trump the wishes of local people. I very much hope that during the passage of the Bill, which will start tomorrow, the Government will consider some of these detailed points and change the Bill in such a way as to ensure that the interests of local people are looked after when we decide how many houses will be built and when and where.
Back home—I suspect it is not any different over here—when it comes to developments, there will be a big input from the developer. When it comes to building roads, the developer will not be seeking help from the road services—back home, the input and responsibility for the roads is on the developer. If it has to set aside provisions for amenities, such as playgrounds, the responsibility will be on the developer. The council will agree the plans and the structure, but it will not agree when it comes to spending money. The developer will be responsible. That is why the input from the developer is so critical, and why it has to be in partnership and co-ordination with local councils as well.
I am very blessed—I say this often, and I mean it—to represent what I believe is the most beautiful part of the United Kingdom. With rolling green fields, crashing waves, tranquil scenic beauties and wonderful historic sights, that is Strangford. Anyone who wants to come and visit is very welcome to do so. Anyone who wants to come and visit is very welcome to do so. I am sure other Members will say that their constituencies are equally beautiful, but I love mine.
However, with that beauty comes a lot of responsibility, and our planners often err on the side of caution when it comes to approvals. While I agree with that in areas of outstanding natural beauty, as is the case where I live in the middle of Strangford, when we have sites on the periphery of towns it makes sense to design and create all-purpose neighbourhoods. That is the whole point of this debate and that is why I agree with the thrust of what the hon. Member for Bosworth was putting forward.
New developments, by their very nature, put pressure on facilities, so it is important that hat is sewn into that structure and strategy early on. I recently spoke in this place about difficulties GP practices were having in expanding to provide a holistic approach. This morning, the hon. Member for North East Bedfordshire (Richard Fuller) referred to access to GPs, saying that in his constituency GPs had 500 or 600 patients more than the national average. He was clearly illustrating, from his point of view, that there was a need to have a certain level of GP access.
Having clinicians, nutritionists, mental health teams and physiotherapists in one place is what GP surgeries need to be. It is such a straightforward issue, because with full coverage comes less pressure on hospitals and better provision, yet none of this is a material planning consideration. The hon. Member for Bosworth says it should be, and I agree wholeheartedly.
Neighbourhood planning is the answer, and that is why this debate is important. I am not surprised that Government research from 2015, using a small sample of neighbourhood plans, suggested that areas with a plan in place saw a 10% increase in housing allocations over that provided by the local plan. That is an indication of where we are. The always helpful Library briefing highlighted that research
“by planning consultancy firm Turley from 2014 found that more than half of the draft plans published for consultation had ‘protectionist’ agendas and that many were openly anti-development.”
I would not adopt that attitude; I think it is important that people have an opportunity to buy an affordable house, perhaps where they were brought up. The possibility of someone’s children buying a house in a village where the hon. Member for North Wiltshire said houses were in the higher bracket of close to £1 million would mean they would never get one. This is about affordable housing and how to achieve it.
It seems that the Northern Ireland problem is, in fact, a UK-wide problem as well. What the hon. Gentleman and others have referred to is not unique to the UK mainland; we also struggle with it in Northern Ireland. I long for the days when sensible planning comes into play and when developers do not have to spend tens of thousands on the application process, which could be spent on ensuring play parks within developments and units for GPs or pharmacies and other such essential and desirable community facilities.
Through my time as a councillor and an alderman, I am aware that the council did not have early control over all development issues and planning applications. That was done by the road service and a different planning department in Downpatrick. Then, whenever the reorganisation of the council took place, after my time, planning in its entirety fell on the shoulders of local planners. In my past life, I was able to have a monthly meeting with local planners and have a frank discussion on the applications, which I found incredibly helpful and which developed my knowledge of the process. The planning officer would have said to me on a regular basis that a planning application could not go through or another would not work, so it was then about finding a solution.
Life is all about solutions, and this is about trying to find a medium between what is achievable and what people will settle for. I accepted the planning officers’ conclusions because I thought that, ultimately, the responsibility lay with them. If they changed this or that, we could work with that, or if we thought we could do something differently, we used to be able to discuss and find a way forward. I long for those days again. They will not happen, because I am no longer in the council and therefore my input into those processes is from a different level as an MP. I would love to work alongside a department that would seek a way forward and not automatically refuse.
The waiting list for priority, affordable housing in my council area—just in my main town—stands at 3,000. There is a big onus on us, back home, to perhaps look at how we can provide social and affordable housing. We must get that sustainable, affordable housing in place, and working with developers and local communities is the only way to achieve that.
That is why this debate is important, and why the input from the hon. Member for North Wiltshire is so important. It adds knowledge to this debate, which I think helps to formulate a strategy. It is fortunate that the Bill is coming to the Chamber tomorrow—this is a preview of tomorrow. I am pleased that the Government, I think, have grasped this one. I hope that the strategy is one that works. I will watch it from afar because I hope that we can replicate it, in a way, and do something similar for Northern Ireland.