My Lords, in speaking to Amendment 1, I shall speak also to Amendment 32 in the name of my noble friend Lord Greaves and to which I have added my name. Clause 1 gives the power to the Secretary of State to designate a local planning authority as deemed to be failing, thus enabling applicants for major projects to apply direct to the Planning Inspectorate should they so desire. I said at Second Reading, and I will say again, that I am very grateful to Ministers in the other place for the assurances that they have given for the criteria that have been proposed and for the reassurance that the clause is not quite as bad as it seems. But I still say that it is directly contrary to the spirit of localism, which we have spent many happy hours discussing in this House.
I understand that the Government are determined to keep the clause in the Bill and, of course, I respect that. The Local Government Association has described it as using a sledgehammer to crack a nut. I am bound to say that I am inclined to agree with that description. However, if we are to have the clause, it is the role and duty of this House to make it as workable as it can be—some might say, to make it as harmless as it can be. The Government have said that they wish to keep the clause as a deterrent. I would feel happier if we could approach this on the basis of keeping it as an incentive. The latter approach calls for a different state of mind. The Government are adopting a sort of target-led approach whereby an authority that does not meet certain criteria will be designated. I think we all accept that there have been, are, and sadly probably always will be some local planning authorities that do not perform as well as they should. There is a different debate to be had about exactly what we mean by performance and how we measure it, but let us start from that basis.
I believe that the best way to improve a poorly performing authority with regard to planning as to most other things is first and foremost through what is normally called sector-led improvement to enable it to improve itself, not to punish it in some way by taking away its authority. The purpose of Amendment 1 is to require the Secretary of State to give 18 months’ notice of designation. That 18 months would allow the local authority to look at how it can improve its performance and then to be judged on the way in which it improves, not on the way in which it has performed in the past.
I am aware that Amendment 32, to which I have given my support, suggests a period of 12 months rather than 18 months. At this stage I do not want to get too hung up on the difference between 18 months and 12 months. The important principle with this amendment is that the Secretary of State should give a lengthy period of notice to enable a local authority to improve itself, helped and assisted by other local authorities and, indeed, by the Local Government Association. The Local Government Association thinks that 18 months is probably a more appropriate period, primarily because it enables better and more realistic data collection so that we can see the direction of travel that that authority is taking. Is it gradually improving? If it is improving over that period, designating it would be a considerable disincentive, not an incentive. If it is making no improvement, or indeed even getting worse, that is more justification for the designation.
A poorly performing local planning authority may well need to recruit better planning officers and better staff to enable it to improve its performance. However, it takes considerable time to recruit and embed those staff and for the improvements that we hope they can bring about to work and be seen. It takes time, of course, to engage effectively with other helpful authorities or outside sources in order to improve. For all those reasons, the Local Government Association thinks that an 18-month period is more appropriate. However, the important point is that we have a lengthy enough period—be it a year or 18 months—to enable a local planning authority to improve itself before the imposition of the final, and frankly draconian, measure of designating and taking away its right, and therefore the right of the local people, effectively to decide their own major planning applications. I beg to move.