That the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I., 2020, No. 632), dated 23 June 2020, a copy of which was laid before this House on 24 June 2020, be revoked.
That an humble Address be presented to Her Majesty, praying that the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 (S.I., 2020, No. 755), dated 20 July 2020, a copy of which was laid before this House on 21 July 2020, be annulled.
That an humble Address be presented to Her Majesty, praying that the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020 (S.I., 2020, No. 756), dated 20 July 2020, a copy of which was laid before this House on 21 July 2020, be annulled.
I thank the Minister for finding time for this debate in response to the prayer motions that Her Majesty’s official Opposition have laid against these regulations.
I will start by telling Members a story, one that is real and with which some across the Chamber will be familiar. It does not have a happy ending, and given the Secretary of State’s radical extension of permitted development, it is about to get a whole lot worse for many people in many communities up and down this nation.
Over the weekend, the Minister may have read an article in The Observer about permitted development. It began by talking about the experience of a woman, Katya, who lives in a block of flats created under the existing permitted development regulations. All Katya wants, like many of us, is a place to call home, to bring up a young family and to feel secure, space for her children to play safely, somewhere to shelter during this pandemic and to be able to travel to work from, and some communal green space. Yet Katya is one of thousands of residents who are crammed into former offices and industrial units that were not built for human habitation. Some have no or few windows, some are as small as 10 square metres—the average car parking space is 11 square metres—and many are on the outskirts of towns, with few amenities such as shops and schools.
Katya is not alone. Up to 60,000 units have been built under the previous extension of permitted development, many of which are unfit for human habitation. I am certain that neither the Housing Minister nor the Secretary of State would like to find themselves or their families in them.
This debate is about three further ways in which the Government want to create poor-quality housing by bypassing the local community, local democracy and local control: by adding new units on top of flats; by allowing developers to demolish and rebuild empty buildings; and by allowing people to add multiple floors to their homes in a village, town or city near you.
In the spirit of cross-party co-operation, I happily quote the hon. Member for Worthing West (Sir Peter Bottomley), who strongly advised the Prime Minister to get a “better housing adviser”. I find it difficult to disagree. Permitted development has been disastrous for our towns and cities since its introduction by the coalition Government in 2013 and things are about to get a whole lot worse. That is not me saying that—it comes from the Government’s own advisers. In fact, on the day that the Secretary of State laid two of the three statutory instruments that we have prayed against, his own commission’s review of permitted development was published—and it was damning.
The review found that only 22% of permitted development dwellings met the Government’s own space standards, fewer than 4% had access to a private amenity space and a vast majority had only single-aspect windows. These are not beautiful homes—in the words of another Government commission report—these are the slums of now, the slums of the future.
The Royal Institute of British Architects president, Alan Jones, put it like this:
“The arrogance and lack of understanding is breathtaking.”
It is not just RIBA that thinks the extensions of permitted development are a bad idea; they are opposed by the Royal Town Planning Institute, the Royal Institution of Chartered Surveyors, the Chartered Institute of Building, the Chartered Institute of Housing, the Town and Country Planning Association and many more. Aside from some developers looking to make a quick buck out of shoddy housing, who supports these pieces of legislation?
With a slight nod to the fact that windows for people in flats might be a step forward, all three SIs allow councils to challenge developers if there is inadequate lighting provision.
I am surprised at the hon. Gentleman’s tone. He and I got on very well as co-members of the Select Committee, and he will know from his experience on that Committee that the problems with Grenfell, which he lays at the Government’s door, were decades old in the building regulations system. This is not something he can lay at the door of this Government—there were decades of failure. The issue in relation to the £40 million Westferry windfall for the developer is factually incorrect; there would simply have been a reduction in the amount of affordable housing on that development. On the space standards, as the hon. Gentleman will be aware, today the Government set out clearly that space standards will be included in future permitted development rights.
I thank the hon. Gentleman for his intervention. In terms of Grenfell, I referred to the draft building safety Bill and gateway 1. Certainly in terms of planning permitted development, there is an issue there—it is an issue that we will undoubtedly discuss beyond the debate today. With regard to the concession to the rebels, and the fact that we have laid the motions today, of course we welcome baby steps; finally, there is a concession that actually people deserve space as well as windows. That is a step forward, undoubtedly, but major problems remain with permitted development.
I declare an interest, as chair of the all-party parliamentary group for healthy homes and buildings. We carried out an inquiry two years ago and made recommendations. The hon. Gentleman is talking about the importance of homes having the heating, quality of life and lighting correct, and having environmental amenities throughout. A home is not just four walls; it is much more than that. Does he agree that that has to be part of what the Government put forward?
I wholeheartedly agree with those powerful and pertinent points.
The quality of housing—the minimum standards required from Government—should be guided by a moral compass, one that puts health and wellbeing at the heart of housing provision, rather than the profit margins of some of the more unscrupulous developers in our country. Rather than bypassing local residents and councils, why not resource and fund local planning authorities properly and maximise that civic voice to create healthy communities and housing that people are proud to call their home? Ministers wax lyrical about the need for more affordable housing, yet this massive extension of permitted development bypasses the requirement for section 106 contributions and in many cases community infrastructure levy payments too, robbing communities of decent affordable housing and local infrastructure. The Conservative-led Local Government Association estimates that 3,500 affordable homes have been lost due to the current regime of permitted development. This centralisation of our planning system is a Stalinist power grab, bypassing local democracy and creating a developers’ charter, while vandalising the character of our villages, towns and cities, hollowing out our high streets, flattening industrial estates and concreting over green space. It is ideological claptrap with bells on. I worry that the Secretary of State is spending far too much time with his Russian oligarch friends—Private Eye is even referring to him as “Moscow Bob”.
If these statutory instruments are passed today, when more of these unplanned monstrosities start to appear in our communities, residents will no longer be able to voice their concerns to local councillors, their MPs or the local planning departments.
On the point about local democracy, I am sure that the hon. Gentleman will be as pleased as me to note that the plans for local development codes and local style codes, which have to be drafted by local councils—set by them, with local standards—ensure a valid local voice; it is just being one in advance, rather than retrospectively. Surely he must accept that his points about a lack of local democracy are without foundation.
Labour and Conservative councillors, parties of all political persuasions, are expressing major concerns about this. The Tory shires are on the march about it. It is a fundamental attack on democracy. It hands too much power to unscrupulous developers—that is a fact and we will consistently challenge on it. When MPs vote on these measures today, I know that Katya, Abbey and many thousands more who desperately need decent, safe and affordable homes will be looking at us all to know which side we are on. A vote to annul these SIs and to stop this chaotic vandalism coming to a town or city near you is a vote to stop this power grab from our local communities, which will create a bad developers’ charter.
Order. A number of colleagues want to get in on this debate. I will start by calling two speakers with a limit of five limits and then reduce the limit to four minutes in an attempt to get as many people in as possible.
I have an email from someone from a constituency outside my own who bought a flat 13 years ago and has received a letter saying that two more storeys are going to be put on top. He is living in a block of 15, and it is going to be a block of 25, with apparently no consideration for the leaseholders whatever.
If I were part of a Government, rather than just a supporter, who said they were for the many, not the few, how could they possibly put a four-year blight on every leaseholder in virtually every one of the 1.2 million flats? It is possible for more homes to be built in four years’ time under a statutory instrument that has “coronavirus” in it, as though it will have a short-term impact on the construction industry. It will not.
During the time of my speech, I invite the Secretary of State—through his colleague the Minister for Housing my right hon. Friend the Member for Tamworth (Christopher Pincher), I invited him to Worthing to see how he could invent more land between the South Downs and the sea—and the Minister to say why the impact assessment does not have a section on leaseholders. The Government consulted on that two years ago and then went in for technical consultations with the public and the industry, but not with the leaseholders. Did they invite the all-party parliamentary group on leasehold and commonhold reform, led by the hon. Member for Ellesmere Port and Neston (Justin Madders), me and the Liberal Democrat, the right hon. Member for Kingston and Surbiton (Ed Davey)? No. Could they have done? Yes. Did they not think of it or did they forget about it?
In St Andrews Gardens in Tarring in my constituency, the tallest building is the church and the second tallest is a 1960s block that should not have been built, which is three storeys high—higher than any other house. An application to put an extra floor on it a year ago was turned down flat by the council, and flatter by the inspector. I ask the Secretary of State, through the Minister and you, Madam Deputy Speaker, to look at what the inspector said and then write to me to say: if the developer, which has had their second application turned down, appeals again, the inspector has the same power to say that it is totally unsuitable for the neighbourhood.
The planning system is there so that individuals and organisations can develop sites and buildings appropriately. It is also there to protect the community from inappropriate development. Permitted development rights confer rights on some individuals but take away rights from others to have their say on developments. They take away community rights to object and to have an application turned down. That is a very important and serious issue that we all ought to be addressing.
I want to talk about space standards. Shortly after the Government produced their independent review of conversions under permitted development, to which my hon. Friend the Member for Weaver Vale (Mike Amesbury) drew attention, I asked the Prime Minister at Prime Minister’s questions whether it was reasonable that flats of 16 square metres were allowed to be built, which was 1 square metre larger than the footprint of his car. Clearly, it is not a reasonable size for properties. The Prime Minister’s response to my question, which was welcome, was that the Government will
“give people the space they need to live and grow in the homes that we will build.”—[Official Report, 22 July 2020; Vol. 678, c. 2149.]
Given that response, I wrote to the Housing Minister on behalf of the Select Committee on 4 August to ask what he was doing to put the Prime Minister’s commitment into effect. I have not had a reply to that letter. I thought the Minister had either forgotten about it or was waiting to reveal a significant change of policy. It appears that it is the latter. At least on that issue, we now have some recognition that local authorities can take into account the issue of space standards, along with the right to light and the impact on the wider environment from permitted development applications. That is welcome, because properties of 16 square metres or even smaller are nonsensical and not fit in the modern age for anyone to live in.
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Let me take Members on a visual journey up north to Leeds, where Abbey, a young professional, bought her leasehold flat only to discover that it had been cladded with flammable material. She is one of many thousands affected. She cannot sell it. It is zero-rated for a mortgage and she has to pay thousands in waking watch and insurance fees. There are also massive problems, with which the Minister and the Secretary of State are very familiar, with the EWS1—external wall survey—forms.
What is the Government’s solution? Instead of building back better, safer, healthier and greener for Katya and communities up and down our nation, the Secretary of State will go down in history not only for his unlawful planning direction in Tower Hamlets, with the Westferry affair, but as Bob the bad builder, coming to wreck a village, town or city near you. Instead of having a relentless focus on making people like Abbey safe in a cladded building, he has rammed through a negative statutory instrument to lob an extra two storeys on blocks of flats, overnight giving some freeholders and overseas investors a multi-million pound windfall of up to £42 billion.
At the same time, this very SI has added an additional cost for leaseholders who may want to buy the freehold. No need for donors to attend the Carlton Club dinner circuit any more and exchange chummy texts—just sneak the windfall through Parliament via an undebated instrument. What does that instrument deliver a year? Just 800 flats per year; that is 8,000 over a decade.
To make matters worse, because permitted development bypasses the planning system, we could have a ludicrous situation where high-rise buildings extended by two floors do not go through gateway 1 of the draft building safety Bill. Have the Government learned nothing just three years on from Grenfell? Oversight, regulation and rules protect lives.
My point, really, is this. Let us not be concerned about leaseholder blocks that are owned by the leaseholders—they are freeholders, as I am in my small block in Worthing. Let us take the ones that are not. If the leaseholders want to form a recognised tenants association—another place where the Government can make an improvement—any freeholder or their agent should recognise that. The property baron William Astor, with his Long Harbour, spent years and years resisting this. The Tchenguiz interest in housing, which has done things that many would describe as crooked and others would describe additionally as improper, has been given a gift of tens of millions—potentially billions—of pounds, and who is paying? The leaseholders. Absolutely nobody else can.
The occupants of 6 million lease-rented homes own nothing except the responsibility to pay for cladding removal and other things—although I am grateful for the help that the Government are giving on that. Any benefits go to the landlord and freeholder; none go to the ordinary people who are probably on their first home. We can talk about the people whose homes are blighted by cladding, but think what it is like for those who have a home blighted in a block where they can be pretty sure the developer will not get around to getting the permission or doing the building for five or six years, and they cannot sell until the work has been done.
How did this happen? If I were on the Front Bench, my face would be red, and I would stand up at the end of this debate and say, “We apologise—we got it wrong.” The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 is one of the worst things that have got through Government in my time here, which has been quite long. I say to the Government: revoke it. Even if they do not lose the vote today, they should put in a provision so that, if there is to be an application, a condition is that the freeholder landlord gives the freehold to the leaseholders, and they can decide whether to go for the application. The Government could also add a requirement that means that, in going to the local authority for pre-approval, the landlord shows what they are prepared to give to the leaseholders whose lives will be blighted, at least during the time of uncertainty and building.
This House should rise up and say to the Government, “Come with us. If not, we are going to make you, if not today, then in the days and weeks to come.” Six million households and 10 million voters are losing a great deal of money and who gains? It is not that many homes, but it is an incredible amount of money for the people the Government are trying to make an improvement for in the leasehold reforms.
Have the Law Commission reports been enacted? Not yet, and they need to be. How about getting the property tribunal to work properly? How about getting the Leasehold Advisory Service to work in the interests of leaseholders? We need to do better, and I ask the Government to join me in doing it.
In terms of section 106, this is a serious matter. If the Government are seriously going to allow more development without 106 commitments, that will simply mean we have fewer affordable rented homes built, because the reality today is that the majority of affordable rented homes come through 106 commitments. That will have a significant impact on communities up and down the country. Why are the Government excluding permitted development from that obligation? I have not seen any justification for it. That is what happens, and it is important, so we ought to take account of it.
The Select Committee produced a report in 2019 on the future of the high street, “High streets and town centres in 2030”, which we are going to update in the light of the covid situation. We looked at permitted development. There are some odd properties that had been for retail use and can be converted for residential use perfectly reasonably, and those should be encouraged and helped. That can be done through the planning system now, if the development is appropriate. The problem is that some of our high streets and town and city centres need more radical reconstruction. They need to be redeveloped significantly and cleared. That is why we called for improved compulsory purchase order powers for councils in our report. However, we can find in a couple of years’ time that the local plan proposing the clearance of a derelict and underused retail area is made more difficult to construct and implement, because it seeks to get a CPO and demolish derelict retail properties that have just been made into residential homes. Trying to put together rights to convert—and properly convert—in the light of wider local planning situations simply is not taken account of.
Our 2019 report therefore said:
“The Government should suspend any further extension of PDRs, pending an evaluation of their impact on the high street.”
Other organisations have gone further. The Town and Country Planning Association, the Royal Town Planning Institute, the Royal Institution of Chartered Surveyors, the Royal Institute of British Architects, and the Chartered Institute of Housing have all called for an impact assessment of the PDRs that have been allowed and changed over the last few years and those proposed for the future. Indeed, the Select Committee first called for an impact assessment back in 2012. If the Secretary of State and the Minister believe there are just benefits and no disbenefits from expanding PDRs, why will they not commit now to do a full impact assessment of the changes made previously and the changes proposed now?