If hon. Members will let me make a little progress, they will be able to hear what I am suggesting.
I believe that there is broad agreement on the need for greater flexibilities and freedoms for home owners. It is merely a question of detail, and that detail is contained in planning regulations—secondary legislation—which both Houses will be able to consider in due course, separately from the Bill. However, the Government cannot support Lords amendment 7, which seeks to use the sledgehammer of primary legislation to change the details of planning regulations. The amendment would introduce a wholly new principle allowing local planning authorities to view national householder permitted development rights as completely optional, which would constitute a significant extension of state power over
private property rights. It is also unnecessary, because a mechanism for responding to exceptional concerns in particular areas already exists.
In 2008, the previous Government extended permitted development rights for home owners—from roof extensions to rear extensions. That did not result in neighbourhood wars; nor did it mean the end of local planning. We believe there is a case for further sensible, practical reforms. In those changes, article 4 powers were reformed, and they were amended in 2010 to give greater local discretion.
2 pm
We have always recognised that there will be some areas where national permitted development rights will sit less comfortably and that local authorities should be able to carve out an exemption following appropriate consultation. They can do so by making an article 4 direction. Over 270 directions have been made since 2010.
The Local Government Association has suggested that article 4 directions are not enough, yet there is no real evidence base to suggest that. Councils have powers to make directions to withdraw householder permitted development rights with immediate effect. Immediate directions must then be confirmed by the council following local consultation within 12 months.
A second issue raised is that the council must pay compensation costs if less than 12 months notice is given. Compensation would be payable only where a planning application is subsequently refused or conditions are imposed, and a claim for compensation is made relating to householders’ abortive expenditure or other loss. In this case, such loss is likely to be minimal.
Indeed, more broadly, the LGA has not provided evidence on the extent to which councils have been forced to pay out any compensation under the current article 4 regime. I regret that. After an extensive search through correspondence, we can find no example of a local authority reporting to the Department that it has been forced to pay compensation.
The third issue raised by the LGA is that article 4 directions have to be used across an entire use-class. That is not relevant to the matters we are discussing today, which are to do with householder permitted development rights. Importantly, article 4 directions have been made, and can continue to be made, in respect of individual elements within the householder permitted development rights. This is not a blunt tool and can be tuned to local circumstances.
I have not intervened in any article 4 direction since May 2010. We have committed to working with the LGA to update our article 4 guidance as part of Lord Taylor’s review, to ensure that the process is as clear and straightforward as possible.