Planning Committees: Reform

Commons Urgent Question

The following Answer to an Urgent Question was given in the House of Commons on Monday 9 December.

“As the House will be aware, in our first King’s Speech in July the Government announced their intention to introduce a planning and infrastructure Bill, designed to streamline the delivery of essential housing and infrastructure across the country and support sustained economic growth. We made clear at the time that an important component of that Bill would be measures to modernise the operation of planning committees.

Planning committees play a vital role in providing local democratic oversight of planning decisions. However, if we are to undo the damage that the previous Government did to housing supply in this country and deliver homes in the places that our communities need, we must ensure that they are operating as effectively as possible. As we look to develop government policy in this area, we are determined to avoid the mistakes of previous Conservative Administrations, who were rightly criticised for bringing forward planning legislation without sufficient engagement or consultation.

We also want to ensure that the changes to the operation of planning committees that we ultimately take forward are as robust as possible, drawing on feedback from those who navigate England’s planning system on a daily basis. That is why today we have published a working paper that sets out our initial thinking for modernising planning committees. This is just the latest in a series of working papers on planning reform, and it is explicitly designed to kick-start engagement before we launch a formal government consultation on a more detailed proposition. As such, I assure Members across the House that there will be plenty of opportunity to engage with and debate these matters in the months ahead.

The working paper seeks views on three potential changes: first, a national scheme of delegation, setting out which types of planning applications should be determined at committee and which by expert planning officers. We believe that that would bring clarity and consistency to both applicants and communities about how applications are determined. Secondly, the introduction of dedicated committees for strategic development would allow members of those committees to dedicate energy to the most significant projects. Thirdly, the introduction of mandatory planning training for committee members would enable applicants to be confident in the knowledge of those making these decisions. Taken together, the changes are designed to help streamline local planning decision-making, maximise the use of professional skills and judgment of trained planners, and focus the time of elected councillors on the most significant or controversial applications.

As I said a moment ago, the working paper published today is merely the start of our engagement with the sector on this important issue. It is not a firm set of confirmed proposals, and we will use discussions in the new year to refine our approach. We will then prepare final policy proposals, on which we will launch a consultation in the usual way.

Let me finish by making it clear that the proposals that we are testing through the publication of this working paper are merely one part of a much wider set of reforms to the ailing planning system that we inherited from the previous Government. I look forward to updating honourable Members as we proceed to deliver on other aspects of the Government’s ambitious housing and planning agenda”.

13:28:00

My Lords, the Government committed in their manifesto to involving local authorities in the planning process. However, the Deputy Prime Minister recently announced that applications that comply with local development plans will not have to get approval from local planning committees. Given that sites in local plans often have very little detail associated with them, how will the Government ensure that local voices are heard throughout the planning process?

My Lords, I want to be clear that I do not think local authorities should have the finger pointed at them for holding up planning. However, applications can get stuck, and we need to do all we can to make the processes as efficient and effective as possible. We recognise the great importance of democratic oversight of planning decisions. This is a working paper for discussion with the sector, and the changes we propose will support that plan-led system by ensuring that planning committees operate as effectively as possible and encourage better-quality development that is aligned with local development plans. The paper puts forward for discussion with the sector three models for how this could work. It is not the intention to exclude local authority members but to get them, and the public, more involved at local plan stage, so that they can influence things at an earlier stage in the process before detailed applications come forward.

My Lords, strategic planning is very important but very difficult for members of the community to grasp. Often, local residents do not get involved until there is a real planning application in front of them, on an allocated site in the local plan. Does the Minister agree that it is at that practical level that local residents have local knowledge that can positively and constructively influence the outcome of a planning application at that stage? Does she agree that we should not deny this useful way for local people to help shape their area?

I agree with the noble Baroness that the voice of local people and local councillors in the planning process is absolutely vital. There is no intention to change the consultation rules on planning applications. Representations will be considered by any decision-maker in the process. The best way for councillors and communities to engage in the development proposed for their areas is through the local plan process, which will be agreed by the council. Where a controversial development is proposed that has not been planned for, councillors will continue to play a key role in representing the voice of their communities. There will be no change to the ability of local people to inform and make their views known about planning applications; this is about speeding up the decision-making.

My Lords, is not one of the problems with the planning system that a planning application is made which is in clear conformity with the local plan, the planning officers recommend approval but, because it is unpopular locally, the planning committee turn it down in order for the Secretary of State to take the blame? That just wastes a lot of time. Will the proposals that are being considered deal with that?

The noble Lord is quite right to pick up this point. It is the intention that, where applications are in conformity with the local plan, a speedy decision should be taken. The whole point of these reforms is intended to make that much easier, without removing the ability of local councillors and communities to make their views known on it. This is a working paper for discussion with the sector, and we hope that the sector will put its views forward. The intention is to speed up the process, not to have planning applications stuck in the system.

My Lords, I had the honour to chair the Select Committee on the review of the Licensing Act 2003. One of our most powerful conclusions was that planning and licensing committees should be merged, and that there should be consistent and frequent training of planning and licensing officers before they take their place on these committees. Is that something that the Government might look favourably on introducing? It would increase the effectiveness of the local voice and the way in which planning and licensing committees operate.

The noble Baroness is absolutely right. I must admit that, at my local authority, you had to have training before you went on the planning committee, and I had assumed that that was the case everywhere. It is not. Part of the consultation on the working paper is the introduction of mandatory training. We are considering a wide range of implementation options, and we look forward to working with stakeholders. There are great examples of training around the country. However, it is inconsistent—more inconsistent than I had realised—and we need to find out where the best practice is so that we can work nationally on that issue. I totally agree with her point that the public will have more confidence if they know that people have had training.

My Lords, I agree with my noble friend that local plans are central to the whole planning process and a vital way of involving local people in what the overall future of their area should look like. Is she able to tell us how many of those local plans are actually up to date? What work is outstanding from local authorities to make sure that they all are up to date?

My noble friend is quite right to mention that. The Government have a stated intention of making sure that all local authorities have an up-to-date local plan in place. That was not the case when we came into government. A great deal of work has gone on with local authorities to ensure that they are making progress on their local plans. In the National Planning Policy Framework publication today, we see more enforcement steps that we intend to take if local authorities have not produced their local plans. The Secretary of State has been quite clear that, if encouragement does not work, we will use our powers to step in and do it for people. I hope local authorities will realise that the best way to make their local plans is with their councillors and their local communities.

My Lords, I welcome many of the announcements from the Government today in the NPPF, especially on flooding-risk policy. However, I am concerned about the protection of agricultural land, not least around the vital need to keep the highest levels of food security in this country. Therefore, why was the decision made not to include in the NPPF explicit protection of the best and most versatile land?

When authorities do their housing needs assessment, they will have the opportunity to state why they think that the housing numbers they have been given are too high. If one of those reasons is that they have high-grade agricultural land for food production then they can put that forward as part of their mitigation for having some reduction in the housing numbers. The process is in place to allow authorities to do that; in the same way as would be done for large areas of national landscape in an area, they will be able to put that forward as a mitigation.

My Lords, the Minister helpfully said at Question Time that she would be looking at blockages to housing development. Today, she has emphasised that the proposals we are discussing are out for consultation. As part of that, will she examine whether judicial review is overused in planning cases? This can cause delay and increases local authority costs, and other costs, to almost the sole benefit of the legal profession involved in the judicial review.

I thank the noble Baroness for her question. I am not a lawyer, so I do not want to get involved in discussions about the merits of judicial review. People need to have some recourse to law at some stage. I will take her question back, because she makes a very good point. If she wants to put in a submission as a response to the working paper, I would be very pleased to consider it.

My Lords, the Deputy Prime Minister has flagged up the role of elected mayors of combined authorities. As someone who lamented the coalition scrapping regional spatial strategies, I see this as a possible way of replacing those. Can the Minister perhaps flesh out a little how she sees that layer working?

I thank the noble Baroness for her question. There certainly needs to be a strategic planning level above the level of local plans. She can expect to see more news about that in the English devolution White Paper that will be coming out shortly.