I thank noble Lords for the debate on this part of the Bill. I will try to take Clauses 7 and 8 in that order. There were certainly some questions on which I will need to write with fuller answers, but let me first turn in general to Clauses 7 and 8.
These measures contribute to the Government’s objective of ensuring that all local planning authorities across the country have up-to-date development plan documents—the documents that collectively form the local plan. In particular, Clause 8 ensures that there is not a void and that we have a local plan. We would have been heavily criticised if we had left an obvious hole in the system where no one was preparing a development plan, but I will come to that.
The Government are committed to a plan-led system in England. We have put communities at the heart of that system, and I hope that I can leave no doubt in your Lordships’ minds that we want communities to have confidence in a system that takes account of their views, while delivering the growth that the country needs.
I also want to kill one hare that was set running, which I had not heard before. There is no agenda, let alone a secret agenda, for mergers of councils. This legislation is about neighbourhood planning. Until today, nobody had raised with me that this is about a secret agenda to merge authorities. It is not, it is to try to ensure that we have a full pattern of what is needed for the planning of the country. It is important, therefore, that where local planning authorities do not have an up-to-date plan in place, the Government should take action to resolve this situation. We would have been roundly and correctly criticised if we did not have such plans.
I turn first to Clause 7, spoken to ably by the noble Lord, Lord Kennedy—I apologise for my short absence during his speech—and my noble friend Lady Cumberlege. The noble Lord, Lord Shipley, the noble Baroness, Lady Bakewell, and other noble Lords spoke more widely about this.
We want to encourage collaboration between local planning authorities so that strategic priorities, particularly for housing, across local boundaries are properly co-ordinated and clearly reflected in individual plans. The Local Plans Expert Group which was asked by the Government to examine what measures or reforms might help to ensure the efficient and effective production of plans recommended that more could be done to encourage local planning authorities to work on joint plans. The Government agree with this recommendation, and it forms the basis for the clause.
The idea of joint planning and working collaboratively with neighbours is not new. We know of more than 40 local planning authorities, right across England, that are working on joint plans. There is no agenda
about encouraging or, even less, forcing them to merge. My honourable friend the Minister for Housing and Planning referred during debates in the other place to representatives of Norwich City Council who told him about how they were working with South Norfolk Council and Broadland District Council districts to produce a combined plan across the three districts. We are also seeing joint plans being developed as a result of devolution deals, such as the Greater Manchester spatial framework.
Authorities working jointly with their neighbouring authorities can see that there are benefits to be had. For example, there may be cost reductions to individual authorities through working collaboratively on evidence or through shared examination and legal costs. A joined-up plan making process, where key decisions are taken together, can also assist local planning authorities to plan for housing.
We know that some areas across the country are having real difficulties in addressing issues that require solutions across geographic boundaries, such as planning for housing need in areas with significant constraints, and collaboration with neighbouring authorities may help to resolve some of those issues.
Clause 7 inserts new Sections 28A to 28C into the Planning and Compulsory Purchase Act 2004 and makes consequential amendments. I wish to emphasise that this power can be exercised only where the Secretary of State considers that it will facilitate more effective planning of the development and use of land in the areas of one or more authorities. During the contribution of the noble Lord, Lord Beecham, I wrote down a reference that he gave to Clause 7(2)(a), I think. I do not think that there is a Clause 7(2)(a), but if we could discuss it afterwards, I am happy to get a full read-out on it and write to him.
New subsection 28A(5) provides that :
“The Secretary of State must, when giving a direction under this section, notify the local planning authorities to which it applies of the reasons for giving it”.
That is a clear provision which ensures that it can only be used appropriately. Presumably, like other provisions of statute, it will be subject to judicial review which, while it is not something that we want to encourage, is a backstop if people feel that any Secretary of State has got it wrong, as may happen on occasion under any Government.
New subsection 28A(3) states:
“The Secretary of State may give a direction under this section only if the Secretary of State considers that to do so will facilitate the more effective planning of the development and use of land in the area of one or more of the local planning authorities in question”.
So it is to be used sparingly.
The noble Lord asked five questions about Clause 8. The first question was about why it is needed. It is because we need a plan if there is a gap. His second question was about whether the county council is required to do it. No, it is absolutely clear in Schedule 2 that it is an invitation to the county council. The county council does not have to take up the invitation. He raised several other questions including whether county councils can subcontract this. I suspect not, but I will correct that in the letter if I am wrong. He asked how local knowledge is to be guaranteed.
That is specifically the reason this is needed. The Government would look to intervene in this way if we believed it was the only remaining lever to ensure that there is a local plan. The alternative would be the Secretary of State intervening directly, which would not be very local. This is an attempt to get the vacuum filled by the most local appropriate authority, otherwise it will not be done. The most desirable outcome is that the district council does it. The whole procedure can be prevented by the district council doing it, and that is exactly what will happen in the vast majority of cases. We would be roundly criticised if we did not have such a provision.
The noble Lord, Lord Beecham, raised some fair points about the impact of this on combined authorities. Clause 8 supplements existing powers to invite the Mayor of London or a combined authority to prepare a development plan, so it is already in existing legislation for an authority in its area. Again, I will take up that point in more detail, but I think that is the provision.
The essence of this is that it is within the power of district councils to ensure that the powers introduced by the clause are never used. That is what we hope will happen. I am of the view that it would be only in the rarest of circumstances, where there is not a plan in place, that this provision would be needed.
Questions have been fairly raised about the skills and capacities of county councils and whether they can turn down this role. We anticipate that there will be discussions with them about what happens if there is no plan. They are the next nearest directly accountable authorities and have knowledge and understanding of the development needs of the area. They are familiar with the planning process and are already involved as statutory consultees in the local plan’s process, and many work with their district councils on cross-boundary issues.
As I said, we would be rightly and roundly criticised if we did not have these provisions. They are needed in order that we can cover the whole country. They are long-stop provisions which I anticipate will not be much needed. They are only on the basis—particularly in regard to Clause 8—that if there were not such provisions it would mean direct intervention by the Secretary of State and the department, which is not what we want in a neighbourhood planning process.