Localism Bill

They would be very welcome. The Bill is about to leave the House when we have no certainty that there will be any transitional provisions, let alone what those provisions might look like. The changes to our planning system, the demise of regional spatial strategies, the introduction of the duty to co-operate, the introduction of neighbourhood planning, together with the NPPF and the proposed presumption in favour of sustainable development, represent a major upheaval to the planning system. The key continuing feature—we support this—is the significance of the local development plan, which, subject to material considerations, should continue to determine which planning applications would be approved. However, we know that many local development plans are not up to date. Even if they were, there seems to be uncertainty as to whether the NPPF in its current form would itself cause all of them to be out of date. The Minister, in our debate last week, contended not. I am bound to say that I believe that this is not a universal view. Is it accepted that the NPPF will introduce new policy which must be complied with? It is of deep concern that the noble Baroness gave the Government’s position in our debate in the following terms: "““We have not decided yet what, if any, transitional arrangements there should be””—" although the Minister then added— "““but we see that you cannot get rid of the regional spatial strategies and not have something else””.—[Official Report, 27/10/11; col. GC 384.]" Perhaps the noble Baroness can expand on the latter phrase to see whether we can derive any comfort. As we made clear in last week’s debate, we do not support or encourage local planning authorities to hold back on updating their local plans, but is it not the case that they are dealing with a moving target? There has been a very considerable response to the NPPF consultations, to which the Government have to give due consideration. It may not be until next April when we see the final version of the framework, with the prospect of no further consultation thereon, and probably no parliamentary process. It is acknowledged that the Government would be looking to fast-track a process for updating local plans, and for obtaining certificates of conformity, but this is not, surely, a total solution. Local planning authorities will not know what they have to conform with until they see the final version of the NPPF sometime next year. What assessment have the Government made of the planning inspectorate’s capacity to cope with all of this? Indeed, what assessment have they made of local planning authorities’ capacity to cope with this? Is it not the case that the presumption in favour of sustainable development is supposed to be the stick that encourages local planning authorities to get local plans up to date, because if they do not, the national policy will be the framework for planning decisions. This carries the implication that if the stick is effective, local authorities will want to avoid the NPPF on its own providing the framework without the local plan—that is, development which an up-to-date local plan would not support could gain approval unless the adverse impacts of development would significantly and demonstrably outweigh the benefits. Does the Minister accept that this could be the consequence of not having local plans up to date? The Government are asking local planning authorities to ensure that their local plans are up to date when the NPPF, as drafted, includes new policy and the final form is unknown. Will an up-to-date plan not have to reflect the duty to co-operate? The draft NPPF is clear that local planning authorities will be expected to co-operate and to plan for issues with cross-boundary impacts. A demonstration of this will be required when local plans are submitted for examination. Will it be the case, therefore, that any plan which does not involve the duty to co-operate could be challenged as being not up to date? The Government have emphasised the importance of the local plan but lack of fair transition arrangements will mean that it can be undermined and brushed aside at the start of the new planning arrangements. If the Government see this as presenting a window of opportunity for a dash for development, I suggest that this would seem to be misguided. Developers may just pocket the decisions and take them up when market conditions improve. But I hope that we can get an assurance from the Minister that, even if it is in the NPPF rather than in legislation, there will be fair transitional provisions and all local planning authorities will be given the opportunity speedily to ensure that their local plans are up to date, reflective of the final NPPF and consistent with the duty to co-operate. Such an assurance would provide comfort to those who have genuine concerns about what will happen once the NPPF comes into being. Concerns that incomplete local plans with a presumption in favour of sustainable development and an NPPF written in imprecise and conflicting language are a toxic mix which undermine the Government’s intent. I beg to move.