Localism Bill

My Lords, this has been an interesting debate as we enter into the enforcement chapter of this part of the Bill. I begin by thanking the noble Lord, Lord McKenzie, for his Amendment 153D, which at first hearing seems attractive but is, I think, unworkable. As the noble Lord pointed out, the problem is that there is no sanction if the person required to submit a retrospective application does not do so. I doubt whether failing to make a planning application could be made an offence, given that the authority has the sanction of enforcement action. In any case, a fine and conviction would not generate a planning application. In practice, the planning status of an unauthorised development is often regularised when the property is to be sold, in order to reassure the prospective purchaser. The developer will either make a retrospective application of his own volition or apply for a lawful development certificate, depending on whether the time limits for taking enforcement action have expired. Both of these carry a fee, as noble Lords will know. In speaking to Amendment 154, my noble friend Lord Avebury, supported by the noble Baroness, Lady Whitaker, has made interesting points about a possible ambiguity in Clause 108. I can assure my noble friend that it is not our policy for both limbs of Clause 108 to operate on the same case. We see Clause 108 as an either/or process, depending on what happens first. If enforcement action has been taken, the council can decline to determine a retrospective planning application. If a retrospective planning application has been made and the council takes enforcement action in time, there could be no appeal on ground A. The aim is that if someone is seeking to obtain planning permission for an unauthorised development, they should have one bite of the cherry—not two, but they should not be denied their one bite. They must follow the first path that they take, to avoid the ambiguity that can occur. My noble friend and the noble Baroness, Lady Whitaker, reported that they had met the Minister, my noble friend Lady Hanham, last week and these concerns were discussed. I am not sure that the three-year time limit proposed by the amendments will necessarily solve the problem identified. However, my noble friend Lord Avebury can be assured that we want the same outcome and we shall continue to consider the points that he has made. My noble friend used the illustration of Gypsies and Travellers. I emphasise that none of the enforcement provisions in the Bill is aimed at any particular group. It would be invidious to suggest that any particular section of the population was especially prone to breaching planning control. Amendment 155, tabled by my noble friend Lady Gardner of Parkes, is not necessary, as new Section 61W, to be introduced by Clause 107, which we have just considered, applies to retrospective planning applications in the same way as it applies to standard planning applications. The department has deposited a draft statutory instrument in the House Library that specifies the type of developments to which the pre-application consultation provisions will apply. On Amendment 170CH in the name of my noble friend Lord Greaves, we are reluctant to impose a further statutory requirement of this nature on developers, particularly when we cannot know whether local planning authorities will be likely to use the information routinely or only exceptionally. If a developer is suspected of having failed to comply with any pre-commencement conditions attached to a planning permission, the authority's enforcement team is still able to take action after the commencement date, so there is no weakening of enforcement powers once work has started. We are aware that some local planning authorities have informal arrangements for commencements of work to be notified. Local planning authorities are best placed to decide whether such arrangements are appropriate for their areas and where they consider that they would bring benefits and not impose an unnecessary burden on the applicants. As I say, this has been an interesting debate, and I hope the noble Lords are reassured by the Government's proposals in the Bill and that they will not press their amendments to a vote.