My Lords, my Amendments 196A, 197 and 197A relate to implications from clauses in the Bill that impact specifically on London. The devolution proposals are, perhaps understandably, focused on areas outside London, with an emphasis on mayoral authorities, and do not always recognise the unique governance arrangements within London. London councils continue to make the case for further devolution to London and that boroughs should have a central role in this alongside the mayor.
Amendment 196A would clarify the ambiguity in the current wording of the Bill regarding the spatial development strategy for the development and use of
land in Greater London. Policies that the mayor considers to be of strategic importance are included in that statement.
Amendment 197 would ensure that there are no unintended consequences of precluding policies that may apply to other urban areas or are not specific to Greater London uniquely.
Amendment 197A refers again to an issue that we discussed extensively last week. We were very clean to clarify it, but I am not sure we did to any great extent. It would remove the words that specifically preclude any clause from the NDMP being put into the spatial development strategy. In the case of London, as elsewhere, the Bill is saying that the strategy must neither be inconsistent with nor repeat anything in the NDMP. Surely all development plans will necessarily set out how they are using the NDMP and adapting it for their local context. In some cases, this may mean repeating what is in the NDMP.
My next amendment in this group, Amendment 199, would remove the restriction in Schedule 7 that a combined authority may not prepare a joint spatial development strategy. Combined authorities set up under the Local Democracy, Economic Development and Construction Act 2009 may have established working arrangements that could well be used to work constructively towards developing joint spatial development strategies. I am interested to hear the Minister’s view about why they should be explicitly excluded from doing so in this clause.
I am interested to hear the views of the noble Baroness, Lady Jones of Moulsecoomb, in relation to her Amendments 198A and 198B, but to confer powers to develop spatial development strategies on county councils would be yet another major change to the current planning system. Combined authorities will already have authorities within them that have planning powers. County councils, as the system stands, have powers only over mineral and waste plans. Is it the noble Baroness’s intention that we should also have this major restructuring of the planning system in two-tier areas?
Amendment 200 from the noble Lord, Lord Lansley, would include a permissive clause to enable the joint spatial strategy to include strategic employment sites. This goes over and above the more general provision in Schedule 7 for new Section 15AA(2)(c), which is a general power to promote or improve economic well-being in the area. This seems a very sensible inclusion for the Bill.
Similarly, my noble friend Lady Hayman’s Amendment 200A is a permissive amendment to Schedule 7 to allow the inclusion of specific sites for health and social care purposes—including, importantly, palliative care services—in joint spatial strategies.
The amendments by the noble Lord, Lord Lansley, and the noble Baroness, Lady Hayman, point to the need for those preparing joint spatial strategies to identify sites for vital infrastructure needed to support development at an early stage in strategic planning. This helps communities that are engaged in considering developments to be reassured that the infrastructure has been considered in detail and gives certainty, in the case of employment sites, to investors, and, in the case
of health and social care sites, to both public and private providers, that their needs are being fully considered.
Amendments 202 to 204, my next three in this group, refer to the sub-paragraphs in Schedule 7 on consultation and engagement with all those who may have an interest in the plan. Amendment 202 is designed as a catch-all to ensure that all community groups are considered. The current provision refers to voluntary bodies; groups representing racial, ethnic or national groups or religious groups; and business organisations. Every area is different and has its own network of community organisations, so this would make sure that every relevant group is included.
Amendment 203 is very important. It removes the inexplicable sub-paragraph in the Bill that states:
“No person is to have a right to be heard at an examination in public.”
The Planning and Compulsory Purchase Act 2004 contains specific provisions relating to when representations may be disregarded, but it seems a singularly swingeing provision for the Bill to suggest that no one has a right to be heard. I suspect that the intention is that the emphasis is on “right” rather than “no one”, but, at a time when we are trying to encourage more engagement of the public in planning and democracy generally, the wording here is particularly off-putting.
One of the huge issues that councils face is that the public often do not engage with the planning process at all until an application that immediately affects them is submitted. We should be encouraging more public engagement at a time when, for example, sites and land uses are being designated, so that the public feel that they have been able to contribute their local knowledge and views. I have another amendment in a later group on this. Will the Minister reflect on this wording?
People should absolutely have a right to be heard at an examination in public. For that reason, we have included Amendment 204, which adds an additional subsection to proposed new Clause 15AC, after proposed new subsection (7). At the moment, it states that only
“participating authorities, and … any person invited to do so by the person conducting the examination in public”
may attend. We believe that this should be amended so that people who have made representations to the inquiry in public and wish to attend should be able to. We appreciate that consideration may have to be given so that the examiner can decide not to hear representations, for example where they are not legitimate planning matters or are vexatious. In those cases, the individual should be informed of the reasons why they are not invited to appear.
Amendment 205, from the noble Lord, Lord Lansley, and the noble Baroness, Lady Jones, sets out a new provision in the Bill to ensure that all relevant authorities in a travel to work area of a joint spatial development strategy are engaged in the preparation of the strategy. It has been a feature of planning in recent years that, increasingly, travel to work areas are a key consideration of the planning process. Indeed, as far back as 2014, in a letter addressed to the Planning Inspectorate, the then Minister for Housing and Planning, Brandon Lewis, urged that local plans take account of travel to
work areas for their strategic housing market assessments. As borders between authorities become more fluid due to their economic profile, housing markets, transport and infrastructure; because the factors associated with climate change mitigation cannot operate within tight boundaries; and because of the strategic nature of joint spatial strategy preparation, it makes sense to us to incorporate this provision, which we would support.
In a similar vein, for the reasons that I have just explained, my Amendment 206 writes into the Bill a duty to co-operate where there is no joint spatial development strategy in place. In effect, most areas are already undertaking such joint planning exercises, and it would be unusual for a planning inspector or public inquiry not to look at this in some depth. It seems sensible to ensure that this is now enshrined in the Bill to give it the necessary foundation in law, and certainty to local authorities. I beg to move.
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