Planning Bill

My right hon. Friend shows his expertise in the subject and as a former Secretary of State, and he is right to say that we cannot somehow divorce those two subjects as if they have no relation. They are related and they should be dealt with in that way; he is quite right to make those points. The Bill is the Government's latest attempt to reform the current system, so let me start by welcoming its principal stated aim—to simplify how essential infrastructural projects secure planning permission. That is a worthy aim. For too long, projects of national importance have been treated in largely the same way as domestic planning applications. Thus we have seen the peculiarity of treating the installation of a major waterworks in much the same way as we would treat our neighbours' extensions or loft conversions. There is no sense in that. Planning for our national infrastructure needs to be long term, holistic and proactive, and any development control or planning system must reflect that point. Having made that broad general sweeping point, I would like in my remaining time to touch on three areas. The first is the infrastructure planning commission. Although I support the need to reform how we plan our national infrastructure, I have to tell the Minister that I have yet to hear an intelligent argument for setting up another democratically unaccountable quango—[Interruption.] I have heard arguments for it, but I am not sure that they have been intelligent. The proposed commission would be responsible to the Secretary of State, but would not be directly accountable to this House or those whom we represent. I think that that is wrong in principle, and it will be viewed by the public with the greatest degree of scepticism. In my constituency, we are fighting the nonsensical plans for a second runway at Stansted airport and, I might add, speculative development on 1,500 acres of green-belt land. The idea that an unelected quango, which reports to Ministers and is appointed by them, should decide our fate would be seen by my constituents as both undemocratic and unacceptable. On a practical note, the commission's role seems frequently to overlap with those of a variety of other Government-inspired quangos, not least the new homes and communities agency and the Government's beloved regional quangos, the regional development agencies. I posed this question to the Secretary of State, but perhaps the Minister can provide a better answer. If the homes and communities agency proposes a new eco-town settlement in one location, but the new commission envisaged by the Bill determines that the utilities, including power and water, and the road system should require a different location, who will arbitrate? What will actually happen? Who will be in charge? Will it be the Minister, and will there be an endless row and legal complaints? It will be interesting to see whether the Minister can respond. The Secretary of State tried to say that housing was nothing to do with the new commission. Indeed, but we cannot have a new town without roads; and we cannot have new houses without the water and electricity that go with them, so the idea that we can separate infrastructure from housing and assume that there will be no conflict is a mistake. I hope that the Minister will address that point. It is true that there could be an argument for an independent body that sets a long-term framework for our national infrastructural needs. Such a body could be advisory, but it must be clearly independent of ministerial interference; indeed, it might work much as the chief scientific adviser works within the Whitehall machinery today. Several professional bodies, including the Institution of Civil Engineers as well as my own professional body, have made a powerful case for such a framework, but it would be more than is envisaged in the Bill, not least because it would provide an holistic approach rather than trying to detach utilities from roads, for example, or airports from the former. I would be grateful if the Minister expressed his views on that. On a more detailed point, I notice that there seems to be no inclusion of flood defences in the list of nationally significant infrastructure projects. Given the various references in the debate to climate change and events earlier this year, perhaps the Minister can tell us whether that is deliberate or just an oversight. I would like to deal briefly with the question of how the planning system will affect the development of our town centres, as the Bill contains some relevant powers. I am concerned that the future of our high streets is in peril—not just from the coming consumer slowdown, but more fundamentally because independent shops in traditional high streets face a wide range of issues that restrict them from competing. In the context of the Bill, I am particularly concerned about how the tests used in planning are being undermined by Ministers and their advisers. As the ““Save Our Small Shops”” campaign in the Evening Standard has shown, people value their local shops, but it is becoming increasingly difficult for those enterprises to remain in business. In particular, and following reports from Kate Barker and the notorious Rod Eddington, I am concerned that the needs test may be removed by Ministers. The danger is that that could allow more out-of-town supermarkets at the expense of our town centres and local high streets. Competition between supermarkets is not the only issue. The planning system must have regard to the socio-economic and environmental importance of town centres and high streets. After all, a city whose centre is struggling is a community that is losing its heart. If we neglect that centre by permitting badly placed out-of-town developments, the result will be felt throughout the community. I say to Ministers, ““Be very careful to whom you listen.”” Thousands of independent firms need town centres that can compete, as indeed do many of our long-established businesses, such as the John Lewis Partnership. If Ministers loosen the planning system, they could undermine not just the independents, but the long-term town centre investment that we all want. Part 10 deals with the community infrastructure levy. I welcome the Government's second thoughts on their proposals for a planning gain supplement—a wise decision taken somewhat in elongated fashion, but they sort of got to the right decision in the end. The planning gain supplement was ill conceived and prematurely presented. Quite why it has not been repealed I do not know, but I hope—perhaps the Minister can confirm this—that the Government do not still have some bizarre hope of bringing it back in a different form. If they do, it will make the home information packs fiasco look like a glorious triumph. Of course, there is no doubt that the way in which planning gain is captured financially needs to be reformed. I fully accept that. Section 106 agreements were fine when they began, but they have become a serious delay in planning decisions. The principles of that reform need to be based on a clear link between the proposed development and its local impact. Various Members have referred to that point. It means that any Treasury attempt to claw back moneys into its coffers or to do a little top-slicing for the regional quangos would be a serious mistake. Ministers have given a hazy response on the question of top-slicing. Part 10, which introduces the levy, is nothing more than a blank cheque that Ministers expect us to approve, without any idea of what will be changed or indeed charged. For example, it provides for a levy, but does not say what will be levied. It provides for empowering authorities to charge a levy, but does not state exactly which authorities they will be. When it comes to the amount charged, and its collection and enforcement, we are asked to agree to the Government deciding all that later on, but without a full debate here in the Chamber. I have to say to the Minister that that is an appalling way to legislate. When he was at the Treasury, the stamp duty land tax was introduced in the same haphazard way. The general message from the then Chief Secretary was, ““We'll correct it along the path.”” We are being asked to agree to a tax on something yet to be defined by authorities yet to be named for an amount yet to be decided. Would it not have been wiser to introduce the measure in a few months, perhaps in its own Bill, after detailed discussions with the industry? For example, what exactly does the Bill mean by ““community infrastructure””? I have seen various reports that the Minister for Housing has said that that could be negotiated locally. Although I understand the need for agreements to reflect specific and local circumstances, it would help everyone if some simple parameters were set to avoid protracted negotiations in each and every planning authority. The need to reform and improve the planning system has been accepted on all sides, not least regarding our national infrastructure needs. Although there are some good measures here, I am extremely concerned that they have been undermined by Ministers failing to strike the balance between democratic accountability and administrative efficiency. If the Bill is given a Second Reading, I hope that Ministers will listen carefully to the debates on amendments tabled in Committee, even if they would change substantial parts of the Bill. We cannot have another planning Bill in a couple of years because we got it wrong again this time. In the end, the effect of getting this legislation wrong will be not just an administrative problem, but something that we have to live with in every town, city and constituency, and that is visible to this and future generations. If the Prime Minister is looking for a legacy, I would advise him carefully to ensure that the Bill does not form part of it.