My Lords, I should explain that we tabled this Motion, which insists on the position originally taken by your Lordships, as the clock was
ticking on Friday without our then having sight of the government amendment. The Secretary of State, in announcing an uncharacteristic conversion to the spirit of consensus, gave neither us nor the Commons a clue as to what this revised approach to permitted development rights for home extensions might be. We have to continue to deliberate on these matters without the benefit of the results of the consultation on extended permitted development rights that concluded some four months ago. It is difficult to believe that they would not have some relevance to the matter in hand, yet still the information is withheld from us. However, I hope that the Minister might at least confirm one point for us this afternoon. The consultation included the proposal that changes to permitted development rights, including those relating to the curtilage of a dwelling house, should be in place only for three years and that developments would have to be completed within that three-year period. Does the consultation support that proposition?
We now have sight of the government amendment, and the benefit of correspondence from Ministers, and have to assess how far it addresses the concerns prompted by the amendment moved so comprehensively by the noble Lord, Lord True, an amendment that found favour around your Lordships’ House and that clearly had considerable support in the House of Commons. I do not propose to restate in depth the points made by the noble Lord, Lord True, and others with which we agreed, other than to say that the amendment reflects a demonstrably localist approach, scepticism that the extension of these particular permitted development rights would make a meaningful contribution to kick-starting growth, concerns that an unamended Article 4 direction process was not inevitably a secure or speedy route for local councils to override inappropriate centrally set permitted development rights, an acknowledgement that individuals can pursue planning permission in the absence of permitted development rights and, in the words of the noble Lord, Lord True, that the Government’s proposal,
“takes away a neighbour's right to have a say on a big and potentially overbearing extension shoved up outside their back door. What is more, it removes that vital process of moderation and conciliation that the local planning system provides in these matters”.
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We look to the Minister today to convince us that the government amendment addresses these points. The Government have clearly been forced to back away from their original position, and this is to be welcomed. Without quite a lot more detail, however, it is difficult to judge whether they have moved far enough. Giving neighbours an opportunity to object to proposals so that the local planning authority becomes engaged would address one of the concerns, but we need to understand how meaningful this would be.
What is the nature of the information to be provided to the local planning authority, and to what extent might it differ from that to be submitted for formal planning permission? How extensive would the local planning authority’s notice obligation be? Would it be only to properties that actually adjoin? I accept that this would include those at the rear of premises, but
what about those that are not immediately adjacent but within line of sight of the extension? Will objections be entertained from those who have not been formally notified? Is there a broader question of the amenity of an area that should be taken into account?
Can we be provided with some examples of what “an unacceptable impact” actually means? How would the process work when the adjoining property is currently empty, empty for a three-week period, or currently owned by the same people as those who are seeking a development next door? What are the appeal rights? In her introduction, the noble Baroness said that there would be appeal rights where the home owner has been refused the opportunity to develop. Will it be 50% of the garden or 50% of the curtilage of the property on which development can occur? What is the process by which local planning authorities will take a view on the impact of the amenity of properties, and how will it encompass what the noble Lord, Lord True, referred to as,
“that vital process of moderation and conciliation”? —[Official Report, 26/3/13; col. 982]
Will it be ward councillors or the planning committee who will take the decision? What will the enforcement arrangements be if someone develops within permitted development rights but outwith the plan notified to the local planning authority? If the local planning authority considers that a proposal would have an unacceptable impact on amenity, this would presumably not preclude an application for planning consent. I think the noble Baroness confirmed that, although it might, of course, invite a negative response.
Will the process be applied to development undertaken by existing permitted development rights or just such future rights contemplated by the consultation documents? Will these rights change the Secretary of State’s approach to Article 4 directions? The proposed process imposes obligations on local planning authorities for which they will receive no fee income. Is it true, as reported, that No. 10 has said that local authorities will have to find the funding for this themselves? What are the estimated costs that are likely to arise across England?
How does the Minister respond to the briefing we received from the RTPI, which states:
“The Government’s proposal relies on a rigorous flow of information. If a house is not occupied for three weeks (perhaps during a long summer holiday), or the house is let and the tenant is not assiduous in forwarding notification, or if the post office makes errors, owners will miss out on an opportunity to object … No system is perfect, and when applications are made through the planning system, it is possible that an owner may miss an opportunity to object. Planning officers offer a second line of defence against what might be a serious loss of amenity to a property owner when then objectively assess applications against neighbour objections”?
The briefing goes on to say:
“There are currently two regimes: development that is permitted and development that needs planning permission. This division is reasonably well understood and has stood the test of time. The Government’s proposal adds a third regime, one reliant on prior notification. The RTPI believes that the Government should be seeking to make planning more effective, not more complicated”.
How does the Minister respond to that?
If we are not to remain committed to the amendment of the noble Lord, Lord True, we will need much reassurance and clarity on these points. I hope that the Minister can help us. I beg to move.