My Lords, I turn to Schedule 1, which has been amended to include new Schedule A2. I have tabled a number of amendments on this. I shall discuss my Amendments 9, 10 and 11 before I discuss my Amendments 6A and 6B in this group.
I am very worried about sub-paragraphs (1) and (2) of paragraph 12 on page 38 of the Bill. They ensure that the examiner can sit in his office, away from the world he is examining, and immerse himself in documents and papers which give him little sense of place, neighbourhood and geography and, above all, the people who live and work there. These people cherish and care about their community, look after it and make it a dynamic place. They run myriad organisations. They understand what works in their area and what does not. As has been said, this is not a charter for nimbyism; on the contrary, it has stimulated housing and other development.
My amendments seek to give makers of neighbourhood plans a voice and a right to be heard and to enable them to explain face-to-face what makes the plan worthy of their community, and what they seek to achieve in strengthening it. Christopher Lockhart-Mummery QC of Landmark Chambers says that,
“any significant Neighbourhood Plan really requires a hearing”.
In my view, the Government’s steer in discouraging hearings is too strong. So much is dependent on what the examiner is minded to recommend through written representations. We need to be sure that the policies
are not fundamentally altered without the plan-making body having the right to explain its objectives at a hearing, and the examiner suggesting better words to them to achieve their goals. After years of work producing a plan—in some cases this lasts up to five years; in my area, it was two and a half years—and then getting it agreed at referendum, the parish or town councils are at the mercy of the examiner. They can only watch while further representations and views of the local planning authority are gathered together and put to the examiner. It is not an inclusive process, and I think it should be.
My Amendment 6A is more specific. It concerns the situation where the examiner deletes a policy relating to a specific site or sites in favour of a commercial or economic development. As a nation, we need more sites for housing. Where a community has researched and identified its needs and proposed a significant development in terms supported by the landowner and the developer, is it right for the examiner to simply delete the proposed policy on the grounds that some of the wording of the policy is not clear? Should he not make every effort to help the community get its words right?
Amendment 6A would put a greater responsibility on an examiner who finds that a plan policy falls short of meeting the basic conditions. Instead of recommending the deletion of such policies and therefore denying us the housing sites we need, the examiner would be required to hold a hearing when he proposes to delete, add or significantly amendment any draft policy that makes provision for a specific development, which would include housing development on a site identified in the plan. It would be a specific requirement.
Amendment 6B is also concerned with the examiner. Plan makers are at the mercy of others and can only watch while further representations and views of the local planning authority are gathered together and put to the appointed examiner. There is no recourse if the parish or town council is not satisfied with the work of the examiner. Examples might be because the examiner has recommended modifications that they do not believe are soundly based on evidence, or because the examiner has recommended deleting policies that could readily be remedied by a less dramatic modification. The amendment is designed to provide the makers of a plan with the right to a say in the action to be taken after the examination. It would achieve this by requiring the examiner to deliver a draft report for consideration by the local planning authority and the plan makers. Before finalising the report, the examiner should take into account and consider any points made by those bodies.
There have been suggestions—I suspect my noble friend might also make them—that this would further complicate the process or cause more delays in the planning system. I understand that some examiners already proceed in this way, but do so informally. The amendment is a modest way of ensuring a continuing engagement with the plan makers in the final stages of creating their own plan. Ideally, examiners should not recommend fundamental changes or deletions without first engaging the town or parish council in a hearing to understand the goals, and then fine-tuning the recommended changes.
This is a probing amendment and a way of attracting the attention of my noble friend in order to open a dialogue and discussion about how we can ensure that the confidence and faith of local plan makers is enhanced and does not deteriorate. I look forward to my noble friend thinking about the way we can ensure that that happens and I look forward to his response. I beg to move.