My Lords, Amendment 217, tabled by my noble friend Lord Lansley, would allow regulations to permit variations to an existing permission, without rendering that permission void. We recognise that there is concern in the sector about the impact of recent case law, particularly for large-scale phased development. This is an issue which we have looked at very carefully.
Clause 104 already introduces a new, more flexible route to vary permissions: Section 73B, where the substantial difference test can cover notable material changes. To assist the understanding of the new provision, we propose to amend the headings in the clause to make this clearer and avoid misapprehension. Existing powers in the Town and Country Planning Act 1990 would allow us to deal with this issue through secondary legislation, so we do not consider that a further power would be required. Instead, we propose to engage and consult the sector as part of the implementation of Section 73B and, if further action were needed, we would consider the use of our existing powers if warranted. I hope my noble friend is sufficiently reassured not to press his amendment on this.
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Amendment 219, also tabled by my noble friend, seeks to remove the connected persons test from Clause 107, which will allow a local planning authority
to decline to entertain planning applications from developers who have not built out previous developments completely, or have been unreasonably slow. While I appreciate that the intention is to avoid those with an undefined connection to an earlier application from being in scope of the power, the rationale behind this test is to avoid the gaming of the system. An example of this would be a developer who previously built out slowly and who avoids becoming the applicant simply by having a subsidiary, for example, apply on their behalf. The types of connections will be defined in regulations. This will be drafted to ensure that only a party with a genuine connection to the earlier development will be in scope of the power, and I hope that reassures my noble friend.
Amendment 221 concerns permission in principle for rural economic development. I thank the noble Lord, Lord Carrington, for raising this amendment. I am afraid that we do not believe that this particular amendment is the way to achieve what the noble Lord wants. The permission in principle regulations already enable local planning authorities to grant permission in principle to any non-housing development, but these regulations are bounded by Section 58A of the Town and Country Planning Act, which requires such development granted by permission in principle to always be housing-led.
Nevertheless, we want to further support rural areas, and we recognise that the permission in principle could have a greater role to play. That is why, in Unleashing Rural Opportunity, published by the Government in June, we made a commitment to explore with stakeholders whether it could be used more effectively to deliver more rural housing. We will also be considering more generally how planning policy can support the rural economy, as part of our wider review of the National Planning Policy Framework, and the introduction of national development management policies.
The national policy already expects the needs of the rural economy to be taken into account, so we will also consider how planning policy can further support the rural economy as part of our wider review of the NPPF, and the introduction of the national development management policies. Planning in principle applications are determined in accordance with the NPPF, and we will explore how planning in principle applications and the NPPF can play a much stronger role in encouraging the rural economy.
Amendment 221A, in the name of my noble friend Lord Goldsmith, seeks to impose swift nests, boxes and bricks as conditions on relevant planning permissions. Personally, I love my swifts and I watch them every year. I believe they are a joy to us all. The Government really welcome the actions by developers that contribute to and enhance the natural and local environment. We support, in appropriate circumstances, planning conditions or obligations being used to require that planning permission provides for works that will measurably increase biodiversity. An example of this is the approach that Brighton and Hove City Council is taking to use conditions to promote nesting habitats for swifts.
We think that further specific measures, such as swift bricks and boxes, should be explored but through national policy, not legislation. We have announced a wider national planning policy review, in which we
have already committed to exploring the incorporation of nature into development through better planning for green infrastructure and nature-friendly buildings. We are not able to support this amendment, but we look forward to working with my noble friend further as we explore this issue. With that commitment, I hope that my noble friend will not move his amendment.
Amendment 244 tabled by the noble Baroness, Lady Taylor of Stevenage, seeks to restrict the granting of planning permission where the development would involve the granting of construction contracts, unless the local authority can demonstrate that it has considered the barriers to SME developers being awarded those contracts and how such barriers can be removed. While I agree with the underlying intention of the amendment, I do not think that using the planning system in that way is the right approach. The Government are taking forward the Procurement Bill, which is in its final stages, undergoing consideration of amendments in Parliament; it will address the issue of removing barriers faced by SMEs when bidding for procurements. In particular, Clause 12 of that Bill requires authorities, when procuring goods, services or works under the Bill, to have regard to the fact that small and medium-sized enterprises may face particular barriers to participation, and to consider whether those barriers can be removed or reduced.
Amendment 282 in the name of my noble friend Lord Northbrook is about construction noise from development. I share his view of the importance of ensuring that such noise is managed effectively. Current noise management legislation gives local authorities some discretion about publishing planning decisions on their websites. Legislating for information to be published on a specific platform, when it is routinely made available on local authorities’ websites, would remove their ability to publicise decisions at a local level. It can also result in additional costs and burdens on the local authority. I point out to my noble friend that the British Standard 5228 sets standards for noise and vibration from construction work; local authorities must take it into account when managing the impacts of construction noise. My noble friend said that he had been promised a letter but had not received it; I will chase that up tomorrow.
Government Amendments 222 to 224 are about Clause 115 enabling temporary relief of planning conditions from enforcement action. Reflecting on comments made by both the Delegated Powers and Regulatory Reform Committee and the noble and learned Lord, Lord Hope, about the scope of that power, we agree that it would be appropriate to introduce certain constraints on its use. Therefore, Amendments 222 and 223 have the effect of allowing for the power to be used only for the purposes of national defence or preventing or responding to significant economic disruption, as well as limiting the duration of regulations to no more than one year. Finally, Amendment 224 is a minor amendment to correct a referencing error in the clause. I trust that your Lordships’ House will approve those amendments when I move them formally.