UK Parliament / Open data

Levelling-up and Regeneration Bill

My Lords, I declare my interest as the owner of let residential property. As we have heard, all the amendments in this group draw attention in their different ways to the healthy homes agenda, whether relating to the health of the population or that of the planet, as regards both planning policy and the physical delivery of new homes. There is a lot to cover, so I hope noble Lords will forgive me if my response is fairly lengthy.

I begin by paying tribute, as other noble Lords have, to the noble Lord, Lord Crisp, for the assiduous work he has done in championing the healthy homes agenda—including through his Private Member’s Bill, which is currently proceeding through your Lordships’ House. Amendments 188 and 395 to 399, which articulate the key principles for healthy homes and are supported by Amendments 241 and 281D in this group, transport us back to the Second Reading debate of that Bill, which took place last July. Members of the Committee will recall from that debate that what separated the noble Lord’s position from that of the Government was not any issue of principle around the desirability of healthy homes. Where we had to part company with him—and, I am afraid, must continue to do so—was on the extent to which new legislation should duplicate legal provisions already in place, and, to the extent that it does not duplicate it, how much more prescriptive the law should be about the way in which new housing is planned for and designed.

Healthy homes and neighbourhoods are important for our communities, and it is because of this that our existing laws, systems, planning policy and design guidance all focus on achieving that objective. Indeed, the whole purpose of the planning system is to contribute

to the achievement of sustainable development. That is why the National Planning Policy Framework already contains very clear policy on sustainable development. It includes good design; how to plan for sustainable modes of transport, including walking and cycling; an integrated approach to the location of housing; economic uses; and the requirement for community services and facilities. It recognises the importance of open space and green infrastructure for health, well-being and recreation, and it contains policies on how to achieve healthy, inclusive and safe places.

One part of achieving sustainable development is ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations. Local planning authorities should set out an overall strategy for the pattern, scale and design quality of places and make sufficient provision for housing. The framework is clear that planning policies and decisions should promote an effective use of land in meeting the need for homes, while at the same time ensuring safe and healthy living conditions.

The framework sets out that the planning system should support the transition to a low-carbon future. It should help to shape places in ways that contribute to radical reductions in greenhouse gas emissions, minimise vulnerability and improve resilience, encourage the reuse of existing resources and support renewable and low-carbon energy. Plans should take a proactive approach to mitigating and adapting to climate change, taking into account the long-term implications, in line with the objectives and provisions of the Climate Change Act 2008.

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One of the comments made by the noble Lord, Lord Crisp, during the debate on Second Reading of his Healthy Homes Bill—a comment that has been made again this evening—was that a lot of government policy was enshrined in guidance rather than being mandatory. I will just make the point that the National Planning Policy Framework must, as a matter of law, be taken into account in preparing the development plan, and is a material consideration in planning decisions. Our proposals for national development management policies in the Bill will ensure that national policies directed at decision-making have clear and explicit statutory weight in future.

Of course, we want to look for ways of improving the NPPF. That is why the recent consultation on reforms to national planning policy makes it clear that we are intending to review the NPPF to support the programme of changes to the planning system. This will provide a good opportunity to ensure that the NPPF, as well as the new suite of national development management policies, contributes to sustainable development as fully as possible.

In addition, the NPPF does not sit in isolation. Alongside it, the National Design Guide and National Model Design Code illustrate how well-designed places that are beautiful, healthy, greener, enduring and successful can be achieved in practice. Yes, both are guidance documents, but it is appropriate that they should be. They advise local councils on how the 10 characteristics of well-designed places can inform their local plans, guidance, design codes and planning decisions. This

includes detailed advice on providing for resource efficiency, climate mitigation and adaptation, safe, inclusive and accessible buildings and public spaces, prioritising walking and cycling, and green space and biodiversity in new development.

On liveable space in new homes, the Government believe that ensuring a good standard and quality of internal space is vital to achieving well-designed and healthy homes for all. National planning policy includes a nationally described space standard, which means that councils have the option to set minimum space standards for new homes in their local area.

To come back on a point raised by the noble Lords, Lord Crisp and Lord Stunell, among others, the Government also recognise the importance of enforcing these standards in homes delivered through permitted development, so new homes in England, which are delivered without the need to apply for planning permission, must meet this space standard as a minimum.

The National Design Guide reminds local councils of many of the things that the noble Earl, Lord Lytton, and the noble Baronesses, Lady Jones of Whitchurch and Lady Bennett, among others, talked about, that the quality of internal space needs careful consideration in higher-density developments, particularly for family accommodation, where access, privacy, daylight and external amenity space are also important. In addition, the National Model Design Code asks that in preparing design codes, consideration needs to be given to internal layouts that maximise access to natural daylight.

Therefore, I say to the noble Lord, Lord Crisp, that I entirely understand the spirit of his amendments and the importance of their subject matter, but we are clear that those matters are already being considered and addressed through existing laws, systems, national planning policy and associated design guidance, and that the balance between those is broadly appropriate.

Amendment 394 in the name of the noble Lord, Lord Crisp, makes particular reference to the safety of new and existing buildings. The Government have been clear that there must be a strong regulatory regime in place to ensure that buildings are built and maintained safely, and we are undertaking a series of measures to do this. This includes providing £5.1 billion to address the fire safety risks caused by unsafe cladding on high-rise residential buildings. We are taking forward the Building Safety Act by consulting on a range of regulatory reforms, which will ensure accountability is strengthened and will establish a national building safety regulator, at the heart of our reformed building regulations and fire safety system, in the Health and Safety Executive.

The building safety regulator will make buildings safer by enforcing a stringent new regulatory regime for high-rise residential and other in-scope buildings, overseeing the safety and performance of all buildings, and increasing the competence of those working across the built environment. The building safety regulator will have its own robust new enforcement powers in relation to high-rise residential and other in-scope buildings, and in exercising these will work closely with local authorities, fire and rescue authorities and other regulatory experts.

Building regulations in England set requirements for a range of matters relating to the health and well-being of people in their homes. Building regulations standards for ventilation in homes were recently updated and introduced a new requirement to reduce the risk of overheating. They also contain requirements for ensuring that new buildings are made secure against unauthorised access. In July 2022, following a public consultation, we set out our plans to raise the accessibility standard for all new homes. We intend to consult further on the technical changes to the building regulations to mandate a higher accessibility standard. Research has also recently been completed on the prevalence and demographics of impairment in England, ergonomic requirements and experiences of disabled people. The evidence gathered will enable us to consider what updates are needed to statutory guidance.

We have clear plans for ensuring that new homes meet the highest standards of energy efficiency. From 2025, the future homes standard will ensure that new homes will be future proofed for net zero, with low-carbon heat and high levels of energy efficiency.

Much of what I have just set out applies equally to the matters covered by Amendment 241 in the name of my noble friend Lord Young of Cookham, but I would like to say a bit more about greener transport, which he mentioned, as did the noble Lords, Lord Foster of Bath and Lord Teverson, and the noble Baroness, Lady Bennett of Manor Castle. The Government’s transport decarbonisation plan, which sets out the actions needed to decarbonise the UK’s transport system, makes it clear that through good design and proper consideration of the needs of our communities, we can better connect people as well as promoting the principles of 20-minute neighbourhoods.

Gear Change sets out the Government’s vision for making England a great walking and cycling nation and highlights its importance for improving health and well-being. This has also led to the establishment of Active Travel England, a statutory consultee within the planning system that will press for adequate cycling and walking provision in all developments over a certain threshold and provide advice on ways in which such provision can be improved. Furthermore, there is a commitment to update the Manual for Streets, expected later this year. This key guidance document on street design places consideration of the needs of pedestrians, cyclists, and public transport at the top of the hierarchy of street users.

The levelling up White Paper made it clear that ensuring natural beauty is accessible to all will be central to our planning system. This includes improved green belts around towns and cities, supported by local nature recovery strategies reflected in plan-making, and woodland creation supported across the UK.

Amendment 484 in the name of the noble Lord, Lord Ravensdale, would introduce a new building regulation to mandate whole-life carbon assessments in building developments above a certain size. I am grateful to the noble Lord for his powerful speech, and took note of all that he said. The Government agree that measuring and reducing the embodied carbon in our buildings is an essential step on the path to net

zero. The problem here—I have covered this issue in earlier legislative contexts—is that there is not yet agreement on the exact means, mechanisms and timings to achieve it, which is why the Government cannot, I am afraid, support this amendment.

Carrying out whole-life carbon assessments to better understand the state of play across building types is a key part of the process. When done properly, though, these assessments are not small things. We do not yet understand enough about the impacts on either individual projects or on the wider industry—in particular, on small and medium-sized enterprises, which the noble Lord rightly emphasised—to commit to mandating them through the building regulations, as this amendment would do.

The noble Lord will be aware of the Environmental Audit Committee’s report, Building to Net Zero, and its recommendations. In the Government’s response, we set out our work in this area. This includes researching the practical, technical and economic impacts of potential interventions, as well as consulting this year on our approach to the issues. It is vital that this work and the accompanying analysis happen before any intervention is committed to.

Finally, I turn to Amendment 504GF, which would impose

“a duty on the Secretary of State to bring forward a plan with timebound proposals for low carbon heat, energy efficient homes and non-domestic properties and higher standards on new homes.”

A number of speakers pressed the need for solid action in this area, and I hope to show that we are indeed taking such action. In the heat and buildings strategy, the Government set out the actions we are taking to reduce carbon emissions from buildings in the near term and provided a clear long-term framework to enable industry to invest and deliver the transition to low-carbon heating. The strategy sets out several key commitments for how different building sectors will achieve transition in a way that is affordable and achievable for all. These commitments were further iterated through the net-zero strategy and the energy security strategy. In the context of our existing net-zero strategy and the heat and buildings strategy, as well as our forthcoming response to the net-zero review, the proposed action plan would be duplicative.

In the 2022 Autumn Statement, the Chancellor announced plans to establish the Energy Efficiency Taskforce to support a 15% reduction in energy demand across the whole economy in 2023, with the group meeting for the first time in March. The Government have already set out their ambition to phase out fossil fuel boilers from 2035 and scale-up heat pump deployment to kick-start the transition to low-carbon heat, as noted in the heat and buildings strategy.

Type
Proceeding contribution
Reference
829 cc75-80 
Session
2022-23
Chamber / Committee
House of Lords chamber
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