Localism Bill

My Lords, I have more than a few amendments in this group. Again, I shall not refer specifically to them because that would take too long; I will just try to cover the issues in most cases. One of the most important amendments is about neighbourhood development orders. It seems to us that neighbourhood plans can fit into the existing planning system reasonably well, especially if they have to comply with the broad aspects of the local and national planning guidance. Neighbourhood development orders seem to be more difficult, and could have a fairly disruptive effect on proper planning if we are not careful. The lead amendment moved by the noble Lord, Lord McKenzie, has covered the crucial question of the relationship between neighbourhood and development orders and the existing development plan and its components. I think he referred to the national policy planning framework and other national guidance. If neighbourhood development orders have to comply in a general or strategic way with existing plans, is it the same as if they were ordinary planning applications or is it in some way different? Is the degree to which they have to comply less or the same? My second question is whether neighbourhood development orders and plans can be made and adopted if the local plan has not yet been adopted. I recently received a Written Answer suggesting that just over 100 local planning authorities have now adopted a core strategy. That leaves several hundred who have not, and it is not clear how long it will take them—although quite a few more are in the pipeline and have been submitted for examination. That is an important issue, because there will be a hiatus in many places. New Section 61E(2) in the Town and Country Planning Act to be inserted by the Bill states: "““A 'neighbourhood development order' is an order which grants planning permission …""(a) for development specified in the order, or""(b) for development of any class specified in the order””." One of my amendments, Amendment 148ZZJ, probes what that means. What is the relationship of that word into the usually understood types of planning permission? People talk about full planning permission and outline planning permission. If it is an outline application, it requires a further application for the details. Even if it is a full application, there may well still be reserved matters that require a further application or, perhaps more likely, the written consent of the local planning authority. How will this work with neighbourhood development orders, which are effectively for outline permission? Does it mean that outline permission can be given for, say, housing, perhaps with details of access and nothing more? In that case, how will the detailed application be determined? Will it need another neighbourhood development order and, if not, will the parish council or even the neighbourhood forum deal with it and give consent for the details, or will it then have to be passed to the local planning authority? I cannot work out from the Bill the answers to these questions. Indeed, can the developers just get on with it, with no further permissions required? If so, that would drive a coach and horses through proper planning. So far as concerns the area covered by a neighbourhood development order, new Section 61E(2) states: "““A 'neighbourhood development order' is an order which grants planning permission in relation to a particular neighbourhood area””." Can that mean just part of a neighbourhood area? Once the neighbourhood area has been defined as a parish or an urban area with a neighbourhood forum, can a neighbourhood development order relate to part of that area rather than the whole area? Again, the position is not clear to me. New Section 61I(5) states: "““A neighbourhood development order may not relate to more than one neighbourhood area””," but the boundaries of neighbourhood areas may not relate to a reasonable proposal on the ground. This concerns the flexibility issue that has been talked about. Why cannot two parish councils or two neighbourhood forums co-operate to make one neighbourhood development order for an area which straddles a boundary —for example, an area of disused land, perhaps with former industrial use, old railways sidings and so on—between two clearly defined neighbourhoods where the development site forms a natural marginal border area? Would that not be possible under this system and would there therefore be a need to go for a normal planning application? New Section 61I(4) states: "““A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case””." I do not understand what that means. How exact and specific do the two cases have to be? Is it referring to exactly the same area, exactly the same kind of development or exactly the same planning permission in detail, or do the cases have to be similar, and how similar? The Bill seems to be fairly vague. What happens if there is an existing planning permission and a neighbourhood development order grants permission for a different kind of development—for example, a housing scheme in a place where there is already permission for a retail development? Do the two then stand side by side, with one planning permission and one neighbourhood development order that could be taken up, or does the neighbourhood development order eliminate the existing planning permission? What is the role of local planning authorities in examinations of neighbourhood development plans and neighbourhood development orders? The Bill says that they have a right to appear if there is a hearing but what if there is no hearing? Does the local planning authority have an automatic right to comment on the plan, engage with the inspector or examiner, and make representations and recommendations? Setting standards for neighbourhood development orders is an area where clear rules are plainly needed. Our amendment says that the Secretary of State ““must””, not ““may””, make regulations here. This is one area where regulations are clearly needed, otherwise the standards will not exist. If the proposed standards for the preparation of the neighbourhood development order and other documents cover what is in any documents, as well as, under the Bill, the, "““collection, sources, verification, processing and presentation of information””," it is crucial that this process takes place in a professional, efficient way, and it also costs money. New Section 61I(6) states: "““A neighbourhood development order may make different provision for different cases or circumstances””." I do not understand how that will work. Does it mean that a neighbourhood development order can cover a range of different planning permissions for the same site? It seems to mean that. Normally, you get planning permission for a particular project on a particular site in an area, so how will that work? Finally, there is an intriguing provision in new Section 61K(4) which says that the Secretary of State may issue regulations to make provision for, "““treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals””." Is this really a practical proposition? What assessment has been made of the availability of professional planning staff to support parish councils as planning authorities? Would it be a general provision or would just a few large town councils apply? What criteria would be applied? Would it make the system more efficient? I can imagine that a town council might demand that every application goes to the council rather than through the system of delegation which is typically used about 90 per cent of the time now in local planning authorities. I also have a series of amendments calling for less detailed prescription in all sorts of ways, but that matter has been debated and argued very extensively so I shall not pursue it further.