Housing and Planning Bill — House of Lords, 2016-04-20
Topic: Housing
Elizabeth Andrews (Labour, Centre-left): My Lords, I have added my name to Amendment 107ZZB in this group, which is a sort of clause stand part amendment. The Minister has tried, very graciously and well, to address some of the problems we have with permission in principle in practice. I appreciate that and I appreciate the time she spent talking to us and exchanging information. Unfortunately, I do not think that anything addresses the fundamental flaw of permission in principle. I do not want to labour the point I made both at Second Reading and in Committee, but I will put a few things on the record at this stage as to why, both in principle and in practice, it will not do what she says she wants it to do and what we all would want the planning system to do, which is to introduce greater certainty in the whole process for developers, local authorities and housebuilders I think all noble Lords around the Chamber agree that it is a basic principle of rational planning that principle and detail are directly related because they inform and guide each other, and they determine the final planning judgment. That is the system we have now, when the right knowledge comes forward at the right point in the decision, so that everybody knows what is predictable and certain about the site and development proposed. That allows local people to understand and respond to the impact that the development will have on their living space. The system is not perfect, but neither is it the cause of the delays in housebuilding that have caused the present crisis. Those delays are much more to do with finance and access to land than they are with systemic problems with the planning system I agree that the NPPF has made a real difference to the way planning is done and it achieves an excellent balance between protecting development and enabling it. My concern is that permission in principle drives a wedge through the whole process by dividing the three fundamental principles of permission in principle and the rest, which is rather ludicrously described as "technical details" when we are talking about fundamental things that make a site, a development or a community work. It is everything—from infrastructure to the use of materials, to spatial relationships, to public space—that makes a place worth living in. If things are wrong, undiscovered or unanticipated at that stage, or simply do not work, permission in principle cannot be overturned. It seems illogical and deeply flawed because permission in principle puts all the balances at risk. It raises risks, rather than reduces them. That is not likely to speed up housebuilding. I am not being perverse; I am genuinely concerned that it will not have the positive effect that we all want If in the present system there is an overload of information at the early stages of decision-making, as the Government have said at so many stages, I feel fairly certain that this could have been addressed in different ways. Other ways could have been found to manage information, rather than relegating it to a subordinate stage of decision-making. As I have said, when we do have that information we will be unable to overturn the permission in principle. That is the fundamental problem referred to by all the professional planning bodies. It is turning up now in the 850 responses that the Minister has received to the consultation. There is genuine consistency across the planning profession I am arguing for a chance to think again, because PIP creates unnecessary risks. It creates the risk that high-level plans cannot be overturned, even if subsequent details clearly indicate the unsuitability of a site or the poor performance of the proposal. It is imperative that a proposal is permissible only if it is in line with the NPPF. I am pleased that the Minister has given me several assurances on that. I hope that they will prove robust, because the alternative will be JRs and court investigations. We do not want to see that As I have said, if the bottlenecks in the current finance and land-banking arrangements were to be addressed, as the Select Committee on the future of the built environment suggested, and if local authorities were encouraged to plan properly for age-related demography and needs and could build up their capacity to deal with the planning choices more fluently and expertly—we will come on to that in a later amendment—we would be able to deal more successfully with the housing crisis we face. My fear is that PIP will not achieve its objectives and could do some considerable harm.