My Lords, I did not intend to contribute to this debate but, having seen the amendments and heard how the noble Lord, Lord Beecham, introduced them, I will say a word or two. I draw noble Lords’ attention to my interests in the register, as I have done on previous occasions when speaking to the Bill: I am chair of the Cambridgeshire Development Forum.
We shall go on to discuss permission in principle, of which I am very much in favour. However, Amendment 102D would insert the word “brownfield”, and so restrict permission in principle to brownfield land. That is not what the Government intended and, as the Government have made quite clear in their amendment
that says what the qualifying documents are, it clearly extends beyond brownfield land. Nor did I think from previous debates in Committee that it was the intention of the party opposite simply to restrict it to brownfield land. However, as the Members opposite are proposing to amend Clause 136, perhaps they do not support permission in principle at all.
Amendment 102E, which would change the wording to “land for housing”, seems to contradict the idea of housing-led development. If you can grant permission in principle only for housing-led development for “land for housing”, you have created a contradiction in the first subsection of the clause, such that it is only for housing, even though it may be “housing-led”. Amendment 102E seems defective.
I am against Amendment 102C, not because the Government do not want it to be housing-led development, but because if in the primary legislation we put “housing-led development”, we would have to define it there. The noble Lord, Lord Beecham, made it clear that it could be defined in all sorts of ways: the definition could apply to a very small number of houses in a large mixed-use development or to a large number of houses with very modest additional development. How it is defined matters. If one puts into primary legislation at the top of the clause, “housing-led”, but does not define it anywhere, it will be defined only in the Government’s subsequent guidance. However, because it is in the primary legislation, the interpretation in that guidance would be subject to judicial review as to whether it satisfies the argument that it is housing-led. That is a recipe for delay: each application would be subject to judicial review as to whether it satisfies the primary legislation.
The point is that the Government, quite rightly, since it will be a matter of detail, make clear in new Section 59A(8) to be inserted into the Town and Country Planning Act that guidance will be issued. Clearly, given the nature of the fine distinctions that need to be made about what housing-led development looks like, it will be for the Government in that guidance to set that out. These amendments should therefore be resisted.
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