UK Parliament / Open data

Localism Bill

My Lords, I shall speak also to the other amendments in the group. These amendments are about charges for neighbourhood development orders and would amend Clauses 102 to 105, which are about charges for meeting costs related to neighbourhood planning and financial assistance in relation to neighbourhood planning. The Bill states: "““The Secretary of State may with the consent of the Treasury make regulations providing for the imposition of charges for the purpose of meeting expenses incurred … by local planning authorities””," relating to neighbourhood planning functions. As regards the phrase: "““The Secretary of State may … make regulations””," we say that this should be ““must””. Without being able to levy charges, local planning authorities risk being seriously out of pocket. Will the Minister confirm that the expenses which will be reimbursable through these charges include the cost of organising a referendum? An important question is when the charges have to be paid. The Bill says that it will be, "““when the development is commenced””." But that means that all the costs of the local planning authority, including the cost of a referendum and examination, may never be recouped if the development does not take place. We are proposing amendments that suggest that the charge should be paid when the draft neighbourhood development order is submitted to the local planning authority by the parish council or the neighbourhood forum, as with an ordinary planning application. Why should this be different and why should the local planning authority, the council, have to carry this cost, perhaps for ever? An alternative amendment suggests that the cost should be levied when the local planning authority resolves to hold a referendum—in other words, the costs begin when it is really serious and after the decision has been made whether it should go ahead to a referendum. Again, the risk is that the local planning authority is seriously out of pocket due to things that are completely out of its control. This could make a very serious hole in its budget, especially if it is quite a small district council. The second issue in this group relates to financial assistance by the Secretary of State in relation to neighbourhood planning. The amendments suggest that the first need is to publicise the changes in the planning system. What will the Government be doing to tell people about the changes in this Bill, if and when it becomes law? The main amendment is to probe who the Government intend should receive this money and how much is involved. The Minister has mentioned that some money has already been paid out to organisations to provide support and training. Forty pilots have been announced and have been funded to the tune of a relatively small amount of money. The Minister can no doubt tell us what that sum is. Why, therefore, is this provision needed, if money can already be provided to pilots? Why do we have to have a separate provision in this Bill allowing this money to be spent? What extra things will it be spent on that it could not be spent on at the moment? The Bill provides for, "““the provision of financial assistance … to any body or other person””—" which may involve, "““the making of agreements or other arrangements with any body or other person””." Who does this refer to? Does it include parish councils and local planning authorities, or is it restricted only to neighbourhood forums? Clearly, we are back to the difference between a parished area, with a parish council, and an unparished area with a neighbourhood forum. What kind of bodies are likely to get this money and what are they expected to do with it? What are the processes for handing out this money? How is it going to be decided who to give it to? If neighbourhood planning takes off in a big way, one assumes that the amount of money that the Government have available will not be sufficient to seriously subsidise everybody. Therefore, they will have to choose one way or the other. I beg to move.
Type
Proceeding contribution
Reference
729 c1287-8 
Session
2010-12
Chamber / Committee
House of Lords chamber
Legislation
Localism Bill 2010-12
Back to top