UK Parliament / Open data

Localism Bill

Proceeding contribution from Greg Clark (Conservative) in the House of Commons on Monday, 7 November 2011. It occurred during Debate on bills on Localism Bill.
That was considered in the House of Lords. These things have always been captured in policy. I could not have been clearer when I said that we have no difficulty with the 2005 strategy or its wording. A cogent case has been made—let me put it that way—for expanding and strengthening the definition in the NPPF. I hope that that demonstrates, on the basis of this House's experience of the scrutiny of the Bill and the commitments the Government have made, that there is no difference in our commitment to the matter. Indeed, I have expressed a personal view that I think we could go a little further than the 2005 strategy. We will reflect on these contributions in the consultation on the NPPF and respond in due course. Let me say something about neighbourhood planning, because from the start we all agreed on our ambition to give communities greater opportunity to provide for a vision of their future at a level below the local planning authority. We had some debate about whether it should apply only in parished areas or whether it should be available to non-parished areas, and there was again a degree of consensus on the idea that it should be available to those parts of the country, including the place to which my hon. Friend the Member for Cleethorpes (Martin Vickers) referred, where there was no appetite for a town council but where, nevertheless, there might be an appetite for a neighbourhood plan. We agreed to strengthen the safeguards, concerns about which were expressed in this place, in the House of Lords. We have done that in Lords amendments 356 to 358 and 368. The hon. Member for Birmingham, Erdington invoked The Dog and Duck as the test of a place that should be used for the gatherings of neighbours in contemplating a neighbourhood plan, and he suggested that its saloon bar should have a minimum of 21 people. In fact, I think he suggested fewer, but we thought there should be 21, and that found favour elsewhere. Such forums should be open as a right to every ward councillor, and it is important that democratically elected representatives should participate, and that neighbourhood planning should contribute to the social, environmental and economic benefit of the area. Lords amendment 370 introduces the sustainable development test for local planning. Plans, in their examination, will need to conform and contribute to the achievement of sustainable development, and the amendment also specifies that a neighbourhood plan can apply to all or part of a parish or neighbourhood area. Amendment (a) to Lords amendment 369 would provide a statutory right for members of communities to comment. It is clearly important that people are able to express their views, but we regard the amendment as unnecessary, because Lords amendment 369 includes community consultation, with a requirement for a statement of consultation to go forward for examination, and we are consulting now on the regulations to introduce it. Opposition Front Benchers also introduced the proposal that businesses should be able to participate in making neighbourhood plans. Lords amendment 360 allows councils to designate business neighbourhoods that are wholly or largely occupied by businesses, but there will be a double lock: there will need to be two referendums, and if either the business community or the residential community objects, the matter will be for the local council to decide. The House of Lords has sent back various amendments on the community infrastructure levy, and we think it important that neighbourhoods retain a stake in the benefits and some contribution to the cost of hosting development, so there is a suggestion that a meaningful proportion of CIL be allocated to them. We will consult on what proportion that should be. We have considered the restrictions on the use of CIL in response to comments that my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) made. The House of Lords concluded that there should be greater flexibility in the use of CIL revenues for that proportion which goes to neighbourhoods, recognising that the effects of development on neighbourhoods are local and diverse, and that it should be possible to consider them. In considering CIL schedules, the independent assessor must already consider the viability of rates of community infrastructure levy, and we will provide statutory guidance, including an assessment that that should consider the delivery of affordable housing. The amendments proposed by the hon. Member for Birmingham, Erdington are therefore unnecessary and would remove some of the transparency that CIL offers. There would be a return to case-by-case deals, negotiated privately, which provide no greater benefit than sticking to section 106. There are some technical amendments on strategic planning. Lords amendments 151 to 155 allow the removal of regional strategies by an order laid by the Secretary of State, rather than through a provision to have their abolition commenced by order. We intend to lay orders revoking the regional strategies as soon as possible after Royal Assent, subject to the voluntary strategic environmental assessment in which we are engaged. Amendment 156 strengthens the test of soundness of the duty to co-operate, and amendment (a) deals with transitional arrangements. Again, I want to assure the hon. Member for Birmingham, Erdington and his colleagues that there will be transitional arrangements. In a system that is designed to advantage plan making, in the move from one system to another, it was always intended that we would not contemplate anything that does not allow local authorities to maintain their ability to plan for the future and make decisions in accordance with their needs. So there is no need for legislative measures. Such an approach can be delivered through policy, and we will set that out very clearly in our response to the consultation. I give that commitment.
Type
Proceeding contribution
Reference
535 c123-5 
Session
2010-12
Chamber / Committee
House of Commons chamber
Legislation
Localism Bill 2010-12
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