Localism Bill

My Lords, In moving Amendment 150F, I shall speak to the other three in the group in my name; they are a mixed bag. We are still on neighbourhood development plans and orders. Amendment 150F covers various issues, some of which I think we have dealt with satisfactorily, some of which we have half dealt with and some we have not dealt with yet. It covers the preparation of the neighbourhood development plan and says that it must have regard to the existing local planning documents and explain ways in which it differs from them. I think that we have adequately dealt with that matter and do not have to discuss it any further. The amendment goes on to say—and this links back to the issue that was raised recently by the noble Lord, Lord Brooke of Sutton Mandeville—that the neighbourhood plan must comply with the existing legislation on listed buildings and conservation areas in the 1990 Act on those matters, and comply with the sections of the Town and Country Planning Act 1990 that deal with trees. I listened with interest to the discussion about conservation areas and listed buildings and it is worth probing on that a little further. Amendment 153AKD refers to paragraphs 23 and 25 in Schedule 12, which are supposed to be consequential amendments that remove the protection normally given to conservation areas and listed buildings in the case of the neighbourhood development orders. I have only just discovered that bit of the Bill, and I could not find what they were consequential on. I think that the noble Lord, Lord Brooke, has pointed me in the right direction, because I had not spotted that bit at all. My noble friend the Minister said, or appeared to say, that it was okay to take all these provisions out of the primary legislation. Schedule 12 does that; it specifically says that in the Planning (Listed Buildings and Conservation Areas) Act 1990: "““In section 66 (general duty as respects listed buildings in exercise of planning functions), at the end insert—""'(4) Nothing in this section applies in relation to neighbourhood development orders'””." Into Section 72 is added a similar provision in relation to conservation areas, which says: "““Nothing in this section applies in relation to neighbourhood development orders””." I will not read out what the 1990 Act about listed buildings and conservation says, but clearly it gives the protection that we all understand in relation to planning applications and planning in general. The Minister seems to say that it is okay to take out those specific provisions in the existing primary legislation because it will be somewhere else in relation to neighbourhood development orders. She read out a duty in relation to neighbourhood development orders to pay due regard—I forget the exact words. I was not clear where that wording came from. I cannot find it in this Bill but, there again, I do not claim to have absorbed every line of the Bill. It would be interesting to know where that is. There is a discussion of the national planning policy framework that is only guidance, so the worry is that the protection for listed buildings and conservation areas in neighbourhood development orders will be in the form of guidance rather than primary legislation. That seems to be a possibility and it is what I am probing further. I have two further questions about neighbourhood development orders. Can they propose new conservation areas within their boundaries or extensions of existing conservation areas? Can they propose the abolition of existing conservation areas or changes in the boundaries of existing conservation areas? In the amendments, we also require neighbourhood development orders to comply with the provisions of Chapter 1 of Part 8 of the Town and Country Planning Act 1990 relating to trees, notably about tree preservation orders. There is also a general duty in Section 197 on planning authorities in respect of trees; it requires planning permission to include appropriate provision for the preservation and planting of trees, and there are sections relating to the replanting and replacement of trees. There are then some sections that actually deal with the preservation of trees in conservation areas. Will the local planning authority still have the powers and duties under the tree preservation and planting provisions in this chapter, even if a neighbourhood development order is made for a particular site? If so, how will the powers and duties of local planning authorities be integrated into the neighbourhood planning system and, in particular, in relation to neighbourhood development orders and plans? I have one final question for which I did not give notice, so I do not expect an immediate answer. Will Schedule 3 to the Flood and Water Management Act 2010 on sustainable drainage systems, known as SUDS, apply to developments within a neighbourhood development order? If so, will they be regarded as freestanding applications or will they become combined applications under paragraphs 8, 9 and 10 of Schedule 3? What process under paragraph 11 will be used for determining them? I realise that that is a very technical question about an Act, which we had through this House fairly recently, and I would be grateful if I could have that in writing if the Minister does not know the answer. Amendment 152CA refers to consultation processes for the preparation of neighbourhood development orders and when they are submitted to the local planning authority. It probes questions of public consultation and says that it must comply with the local planning authority statement of community involvement. Is that the case? The parish council or neighbourhood forum under this amendment must also adopt other means as they consider reasonable to bring the matter to the attention of local people. The amendment also says that when a draft neighbourhood development order is submitted to the local planning authority, that authority must carry out the requirement for consultation with local people, which would apply to ordinary planning applications as set out in the Town and Country Planning (Development Management Procedure) (England) Order 2010. How will consultations with statutory consultees be handled for neighbourhood development orders? I refer to the Highways Authority, the Environment Agency, English Heritage, other local authorities and so on. Will there be a requirement on parish councils or neighbourhood forums when preparing a neighbourhood development order, or will that consultation wait until the draft order is submitted to the local planning authority—or will it be both? Finally, a very important amendment is Amendment 153ZF, which would extend the right to be heard, which exists in local plan making, to neighbourhood plans. The wording is from the Planning and Compulsory Purchase Act 2004 as it applies to local plan hearings. This is another equalities issue. As the noble Lord, Lord McKenzie, said not long ago, less articulate people are often better making their views known in person than in writing. Schedule 10(9)(1) says: "““The general rule is that the examination of the issues by the examiner is to take the form of the consideration of written representations””." But there can be a hearing if the examiner considers it necessary to ensure adequate examination of the issue or for a person to have a fair chance to put a case. Many people do not have the literacy skills to be able to take part comfortably or confidently in complex written exchanges, but they are much better at putting their views across in person. The purpose of the amendment is that people should have a choice. I beg to move.