I start by agreeing with pretty much everything that the noble Lord, Lord True, has just said. I have more than a few amendments in this group—I will speak generally and raise the questions they bring up rather than go through them individually.
Liberal Democrats are supportive of and excited by the concept of neighbourhood planning but we have two practical criteria to apply to this Bill. First, we want it to work; and secondly, we want it to work in the interest of local communities. We are not sure that the Bill as it stands does that. We are into a new world—a new architecture—of a new neighbourhood planning system based on neighbourhood areas and on authorised and qualifying bodies to carry out planning functions in these areas, which may be parish councils; or, in unparished areas, neighbourhood forums. These bodies can make neighbourhood development orders and neighbourhood plans. This is quite revolutionary stuff.
I will indicate my recent experience of neighbourhood planning at this stage. In recent years I have been involved, as a local councillor, in several master-planning exercises under the housing market renewal programme in east Lancashire, involving consultation with and participation by local residents and businesses in areas of Victorian terraced housing and local industry. I was also a member of the Whitefield Regeneration Partnership in a similar, but mainly Asian heritage, area in Nelson with special conservation status that started with an inquiry-by-design process run by the Prince's Foundation for the Built Environment. I was a member of the partnership board which was chaired by my noble friend Lord Shutt of Greetland.
Issues and questions raised by our amendments include the designation of neighbourhood forums. We question the concept in the new Section 61F(5)(a)(ii) of the Town and Country Planning Act of a neighbourhood forum set up solely for, "““promoting the carrying on of trades, professions or other businesses””."
There is a government amendment to this effect. The question is whether this will mean businesses giving themselves planning permission via a neighbourhood development order. What is the role of residents—both those living in the area, however few they may be, or residents living just outside the area, who may be many—who may be affected by nuisances caused and decisions made?
My noble friend Lord True has already referred to the membership of neighbourhood forums. We are concerned that their membership must be inclusive and their internal processes democratic, so that everyone who lives in the area and all councillors representing the area can take part in neighbourhood planning, and to make sure that the forums are representative of all social and geographical parts of the local community. Similar amendments deal with this issue. This is a central issue for us in this part of the Bill. It is absolutely crucial that we do not end up with neighbourhood forums that are run by a local clique for their own particular purposes. In what ways does the Bill guarantee this? What extra prescribed conditions for possible designation of an organisation or body as a neighbourhood forum are intended in new Section 61F(6). In particular will narrow profit-making bodies be allowed to set up as neighbourhood forums? These are crucial matters, and I look forward to the Minister's reply.
On parish councils as neighbourhood areas, new Section 61G(3) says in the case of a parish council the specified area, "““must be one that consists of or includes the whole or any part of the area of the council””."
So a neighbourhood area, for neighbourhood planning purposes, can be the area of a parish council or a part of the area of a parish council. Can two or more parish councils combine to form one neighbourhood area? This is an obvious question in relation to small parish councils that are simply not big enough to do the job on their own. And what happens in areas that only have parish meetings?
Neighbourhood development orders effectively give planning permission outside the normal system. We will be talking about these orders quite lot in the coming hours. What can be done to create democratic legitimacy in areas without parish councils? Is there not a serious democratic deficit if self-appointed neighbourhood forums are able to make neighbourhood development orders and indeed neighbourhood plans? This is a critical issue for us—the democratic deficit at the neighbourhood level in areas that are unparished. I look forward to the Minister's reply.
Localism Bill
Proceeding contribution from
Lord Greaves
(Liberal Democrat)
in the House of Lords on Tuesday, 19 July 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Localism Bill.
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Proceeding contribution
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729 c1205-7 
Session
2010-12
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