My Lords, in rising, I feel rather like the ancient prophetess who went to see King Tarquin with the Sibylline Books and saw six of them promptly burned, only to have them accepted at the last minute. Like her, I am grateful for that. I thank my noble friend Lord Tope, the noble Earl, Lord Lytton, and the noble Lord, Lord McKenzie, for their support for this proposal at an earlier stage.
Of course, I thank my noble friend the Minister for her amendment. Unlike some in this debate, she has always understood the practical, human issues that
are involved in seeking to end the rights of objection to developments which, as some have pointed out in this debate, may take more than half of a neighbouring back garden. Crucially, these may also create precedents in local planning in relation to character and new lines of building, which may well affect the person next door but one, who, under the proposal before us, still has no right to a say.
Parliament has secured some movement and I think many householders will thank goodness for your Lordships’ House for the role it has played in securing that. My view has always been—and remains—that faced with potentially overbearing developments, neighbours should have the right to defend the value and amenity of a home. For most of our population, that home represents the focus of all their lifelong work and aspiration and the bulk of their family’s wealth. That is the fundamental point. With the help of colleagues in another place and many of your Lordships, people in the Local Government Association and the local government world, and so many other people—ordinary people—this has finally been vindicated. I am very grateful to the Government for laying an amendment to protect these rights.
The question is: what do we do now? The noble Lord, Lord McKenzie of Luton, to whom I pay tribute for his role in not only this but all our local government debates, says that we should insist on the amendment for which I secured your Lordships’ support at an earlier stage. It is true that the Government’s amendment was laid before the House at the last possible moment last Friday. I might agree with him that it would have been better if it had come sooner. I myself suggested a way forward in which both sides would withdraw their amendments so that more timely discussion might take place on an agreed draft regulation specific to this issue, which could be debated later in both Houses after proper consultation. I actually think that would have been a better and more orderly course in Whitehall terms, but that is not where we are.
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When I said last Friday that I would like time to reflect, seek clarification, consult others involved and consider the course of action that I might take today, I found that the Labour Party had decided, within no more than five minutes, to take over the amendment and put down a Motion to insist. I found that a little surprising and disappointing after all these months.
The localist approach in my amendment had much to commend it, but ultimately it was a device to bring this issue before Parliament and the nation. Thanks to the intransigence of others, your Lordships have ironically succeeded in doing that in a highly public way. Nothing is perfect, and my amendment certainly was and is not, and crucially it was not agreed to by Members of another place. We have to let it rest.
Like others, I greatly welcome the intervention of my right honourable friend Mr Pickles. His proposal unequivocally protects the rights of immediate neighbours, which is a good thing; I thank my noble friend for that. I must express some puzzlement that it was not left to that department to settle this question. It might
have happened much sooner had it been. So I welcome this and hope that it can be considered in another place.
As others have said, if it does go to another place there remain serious issues to resolve. Here, like other noble friends, I will look to my noble friend on the Front Bench for the clearest possible assurances to this House and indeed through it to the other place that there will be full, meaningful and specific consultations on the details behind this proposal before final regulations are laid. After all, despite many requests made by your Lordships, Parliament has yet to see the results of the consultation on the original plan.
Not to add to the list too many things of which others have spoken, I agree with all the points that have been made. But will we be told how local authorities, parish councils or neighbourhood forums will be able to protect the character of local areas if the immediate neighbour or neighbours to a development do not object to a particular, ugly development for whatever reason—perhaps infirmity, absence or even complicity? While I take the point that nobody standing on a seat with a telescope should be involved, are there not others overlooking, whether in town or country or in the wider community, who in some instances also have an interest? Does building quality not matter?
I agreed with what Mr Boles said about building quality. Surely a local authority and a community have the right to have a say on that. Does flood risk matter? Is there to be no back-stop procedure for local authorities to consider these issues? The wording of the amendment appears to allow for the amenity of neighbouring premises only. Will the Minister and her colleagues consult on how, as others have said, neighbours will be notified and how they will be protected if they do not hear of the development in what the briefing said would be 21 days? There has to be movement from that. For personal reasons I have been away from my house for 21 days in the last few weeks.
In the case of permitted development, as I understand this proposal, building could start immediately on conclusion of the notification period. Someone could come back and find that the builders have already moved in. Under the present system, construction has to await planning approval. We hear that local authorities will not be able to charge fees for these procedures. Does that apply only in cases that have no objection? Even then who, if not the applicant, is to bear the cost of considering drawings, giving notice and ensuring that notice is given with sufficient details as to the nature of construction in a proper way? Who will ensure that these things are done in a proper way if not a local authority?
These detailed matters cannot be resolved in primary legislation, and I and other noble Lords who have spoken are not asking that they should be. I thank my noble friends for the significant and considerable change that has been made, and ask them to engage with the local government associations, local councils and many other bodies that already making strong representations on the details behind these proposals since they were published. There is much work still to be done. Perhaps it is best done away from the glare of publicity, and
after 15 minutes of fame I am happy to withdraw to the wings. However, this work must be done. Will my noble friend explain how and on what timescale consultation will take place before regulations are published?
I conclude by saying that I will always think that this episode represents a textbook case of how not to make policy. However, the Government’s agreement to protect neighbour rights is highly welcome and demonstrates the continuing important role of Parliament and of your Lordships’ House in holding the Executive to account, and the willingness of my noble friend on the Front Bench and colleagues in her department to listen to Parliament. In the light of this movement, I say to the noble Lord, Lord McKenzie, that I would not have pressed my amendment today, and I will not support him in the Lobbies if he presses his.
The Government’s amendment, however belatedly tabled, is a significant change that should be welcomed by noble Lords, even if the ecstasy with which they greet it will be measured by the seriousness of the commitments given to consultation on the details. Parliament has an unfettered right to express its view on secondary legislation. Like others in both Houses, I will reserve that right until the final details emerge. How much easier that will be if we talk to each other, consult with each other and listen to each other. I thank my noble friend for this concession and will not trouble your Lordships further.