My Lords, I will speak to the amendments in my name in this group. I start by briefly reminding noble Lords that I am a member of the Marple neighbourhood forum, which is drawing up a neighbourhood plan which we hope will go to a public referendum later this year at some point.
I turn back briefly to the situation in 2010, when, whatever the rulebook said, the statutory planning and development programme across England was reduced,
in essence, to a two-stage process, where the developer proposed something and the community opposed something. It was a very polarised process. The neighbourhood plan process was put in place to reverse that, so that it became a situation where the community proposed and the developer developed. It has been a remarkably successful plan over the subsequent 10 years that it has been in place.
At the time, there was huge scepticism about the idea of neighbourhood plans. Officials in the department did not like it; I hope that Ministers do not face that backdrop now. The RTPI did not like it, and developers all thought that it would be the end of the world for them. Some critics thought that it would be a complete dud and a dead letter that no local community group would be prepared to take up to carry out the work, with the threat or risks, if you like, that come from consulting the community and facing a public referendum at the end of it. It is interesting that those critics have melted away because the criticisms have melted away. They have not proved to be a nimby charter; in fact, they have proved the reverse—to be a successful way of promoting additional housing allocations. It has to be said that that was not their primary purpose; the primary purpose was to restore planning to what it should have been in the first place, which is a co-operative way of developing good outcomes for local communities that are forward-looking and forward-facing to meet the needs of the future.
One of the criticisms which perhaps has some truth, but not all that much, is that neighbourhood plans are for rich, posh, rural areas. However, the very first one signed off was actually in London, so it certainly was not rural. In fact, there are 16 neighbourhood plans within Greater London at the moment, and I know that in my own metropolitan borough there are at least three in progress. On the other hand, I note that nearly every town in Wiltshire, plus the city of Salisbury, which is one of the biggest local councils in the country, have neighbourhood plans either done or in process at the moment. So the evidence is that they can flourish very successfully in rural, suburban and urban areas.
Clearly, from the point of view of the debate we are having today, the most significant fact is that, coincidentally and counterintuitively, they also give more homes, which are developed more quickly than through the standard planning process. The developer wins and the local community wins, the local planning authority and councillors avoid all the political distractions of the planning fight, and the Government get more homes that they want. I apologise to noble Lords because I know I can get very defensive about neighbourhood plans when I think people are trying to tread on them or disparage them, so I hope I will be excused for defending them very stoutly.
There should be more neighbourhood plans across the country, and that brings me first to Amendment 235, which I and my noble friend Lady Scott of Needham Market have tabled and which is supported by the National Association of Local Councils—that is parish and town councils around the country. NALC reports that a minority of local planning authorities have in fact been deliberately obstructive of the establishment
of neighbourhood plans—maybe that is a mixture of professional pride from planners and the capacity to engage with local communities. For some councillors it represents some kind of notional loss of control or influence if they might be usurped by a local community’s neighbourhood plan. In some cases, even if they are not outright hostile, they have very much stood back and watched, hoping that nothing much would happen to upset their overstretched and very stressed planning operation in their rather cosy planning world.
Whatever the Minister may be inclined to say about the amendments in this group, if she were to accept this, and place a duty on local planning authorities to facilitate neighbourhood plans, she would get an immediate boost of neighbourhood plan applications, and therefore an immediate boost to her housing targets. It would also be helpful to hear what other plans the Minister has to facilitate and encourage neighbourhood plans much more widely.
The noble Baroness, Lady Hayman of Ullock, has just outlined and drawn our attention to the streamlined process that appears in the Bill, which certainly we welcome. Maybe the Minister could make it clear how that affects existing neighbourhood plans that have not yet got to the point of referendum, examination or sign-off. Is it the case that, if they are on one track they are stuck with it, even if the other would be quicker or simpler, or is it possible to change? Maybe the new system could be spelled out to us a bit more clearly—what exactly is being saved? As the noble Baroness asked, is this an addition to or a supplement of some of the processes that there are at present? Whichever way round it is, it is essential for the Government to back neighbourhood plans, at least as one of the solutions to the conundrum they face about how to get extra housing.
Amendment 236 is also supported by NALC and signed by my noble friend Lady Scott of Needham Market—who would have been here but for the change of the date of this Committee, which meant unfortunately she is away today. It seeks to protect those neighbourhood plans that are awaiting sign-off during the transition period between the current planning regime, as it is unamended by this Bill, and the new regime that will be introduced, one way or another, when the Bill is introduced. Those plans are in some jeopardy if they are about to go to a referendum, or even to a public examination at the end of the process, and all of a sudden the goalposts are changed and they can no longer be presented without going back through the whole process.
That would be particularly difficult for neighbourhood forums to handle, because they are one-task volunteers, set up and drawn together by the local neighbourhood plan process. It would not be easy for parishes, but at least they have an enduring public existence, which means this is just one aspect of their work. For both of them, a measure of reassurance and certainty is required that their work so far has not been in vain.
We have proposed in Amendment 235 a simple transition amendment. If the Minister feels that it is not the right transition amendment, we would of course be very open to hearing a better version from her—but
I hope that she will at least acknowledge that that double jeopardy must be avoided if the integrity of the process is not to be undermined in those areas. I do not know the exact scope of that, but there would probably be about 300 or 400 neighbourhood plans that were at an intermediate stage that would be subject to such disruption.
I move on to two other amendments proposed by me. Amendment 232 is an amendment to Clause 91 to leave out new subsection (2C), which says, among other things:
“The neighbourhood development plan must not … include anything that is not permitted or required by or under subsections (A1) to (2A).”
I want to examine in a little more detail the words “not permitted or required”. Both this amendment and the subsequent one, Amendment 234, are examples where the drafting of the Bill is unfortunate at best and possibly worse, because it seems as though they are efforts to limit and clip the wings of what neighbourhood plans are capable of delivering for their local communities. As I have explained already, that would materially slow down and damage the Government’s own wish to reach housing targets.
My question is about what exactly new subsection (2C) on page 98 means. With
“anything that is not permitted or required”,
it seems to me that there is an important element missing from that list. Assuming that it actually means what it says, as the provision seems to have a double negative in it—but let us skip that for the moment—let us suppose that a community develops a proposal that the Secretary of State has not thought of, and let us suppose that it is not on his non-exhaustive list of permitted things. When can innovative and imaginative new approaches fit in, if you have to check first whether it is a required or a permitted function?
What is the process for adjudicating whether a proposal that a neighbourhood forum wishes to make meets this vague and ill-defined limitation? I fear a ministerial reply that says that it will all be covered in regulations. From the point of view of an amateur community-led neighbourhood forum, that translates into more impenetrable red tape, and a general perception that the powers that be—the Ministers and whoever they are in Whitehall—would much rather you never started, because it is so confined and for that matter so foggy that it is just never going to be worth the effort.
A local planning authority has a general power of competence to cover this situation, of course. If it is not required or permitted, and if it is covered by the general powers of competence, they can do it. My question to the Minister, apart from what on earth it means, because the actual wording seems faulty, is what harm this provision seeks to prevent. Is it a purely hypothetical harm which, if I may say so, her officials have dreamed up as being something to bung in, or has the Minister got even one example by way of illustration of where this has gone desperately wrong because the wrong things have been taken into account?
If the Government’s support for neighbourhood plans is genuine, are they making them a more daunting prospect for local communities by accident, in which case I suggest this is something they need to consider?
I have already set out my view that there is more to come in the Bill about how neighbourhood plans should be encouraged without having chunks of the Bill that are hostile, at least in outcome if not in intention, to the development of neighbourhood plans.
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That brings me to Amendment 234 in my name. This addresses what I have described as the better-than-average paradox of policy-making. The target is always to be better than average. Hospitals: I am sure the noble Lord, Lord Lansley, will be familiar with the fact that they all have to be above average. Schools: they have all got to be above average. Police forces: they have all got to be above average. The turnaround times on ministerial correspondence: they have all got to be better than average. Such policy ambitions are bound to fail; that is dictated by the immutable laws of mathematics and there is no referendum that will ever set us free from that. It is not possible for everybody to be above average. It is not possible for every neighbourhood plan to be above average.
The success that people like me are claiming, and that the department itself is claiming, for neighbourhood plans is that, on average, they allocate more land than their local plans do; it is not that every one of them allocates more than the local plan does. So, Ministers find themselves chasing the same paradox once more: let every neighbourhood plan set out an above-average figure. It appears on page 99, at new paragraph (ea), which essentially says there is no way at all that a neighbourhood plan could ever have a housing target that was less than that in the relevant local plan or, indeed, in the relevant national allocation. Should the proposition of the noble Lord, Lord Lansley, find favour, it would obviously be a Whitehall amount that they would have to accommodate in the neighbourhood plan area.
The interesting thing is that the Bill is inconsistent about that because, turning back to page 98, I objected to new subsection (2C), but new subsection (2B) says that you must take careful account of the contribution
“to the mitigation of, and adaption to, climate change”.
I have not spoken against that; I think it is a very sensible overarching principle for neighbourhood plans to have. So, what happens if a neighbourhood plan is covering an area that, just coincidentally, happens to be wholly on a flood plain? Do they take any notice of (2B) or of (2C)? In other words, what I am saying is that to have an absolute prohibition on a neighbourhood plan dropping below an arbitrary total, which may or may not ultimately have come from someone sitting behind a desk in Whitehall, will sometimes be in conflict with real life and with the real environment where neighbourhood plans are.
That is just a simple example of why trying to do this—micromanaging to produce an above-average outcome for everybody—is going to fail. Neighbourhood plans are, in essence, a voluntary, community enterprise. They have shown themselves to be more adept at finding out what is sustainable in their local community than the local plan makers and the headline target makers in Whitehall. The Government’s housing targets have been the beneficiaries of that specialised local knowledge and commitment. That has been achieved
without bloodshed or diktat, and it has been the result of thousands of local conversations leading to sensible outcomes.
If Ministers are so impressed with that that they now insist that all those voluntary decisions have to be compulsory, they are putting another inhibition on the required expansion of neighbourhood plans, and they will rapidly push communities back on the defensive. We shall get back to where we were, where the developer proposes and the community opposes, and the whole process will get logjammed again. I believe Ministers should look again at both these provisions, or they may find that the neighbourhood plan goose stops laying the golden eggs of increased housing provision.