Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2020 — House of Lords, 2020-07-29
Topic: Housing
Stephen Greenhalgh (Conservative, Centre-right): My Lords, we have had an interesting and wide-ranging debate on these regulations. I thank noble Lords for their contributions We have discussed an essential amendment to the 2012 fees regulations to introduce a new prior approval fee for a new category of permitted development rights for the construction of new homes. This permitted development right supports our ambition to get Britain building again, as the noble Lord, Lord Bhatia, mentioned, and to deliver more homes, support our construction industry and help the economy to bounce back. The fee introduced by these regulations reflects the level of assessment required for this type of prior approval for permitted development. This will ensure that local authorities have the resources to consider such applications and deliver a high-quality planning service. I reiterate that the £334 fee was chosen as a mid-point between the £206 change of use fee and the £462 full planning application fee. We believe that it is the right fee level Many noble Lords, including the noble Lords, Lord Greaves and Lord German, the noble Baroness, Lady Randerson, and my noble friend Lord Bourne mentioned the importance of having a well-resourced and effective planning department. I am grateful for the points made by noble Lords. I want to respond to as many of them as I can. The noble Baronesses, Lady Randerson and Lady Pinnock, and the noble Lord, Lord Greaves, mentioned the impact on communities being disregarded. As I did yesterday in this House, I reiterate that local communities are able to comment on prior approval applications under the consultation requirements set out in the 2015 general permitted development order. In relation to matters for prior approval, the local authority is required to consider any representations made to it as a result of any consultation when making its decision on whether to grant prior approval, so there is a degree of consultation with communities despite the prior approval approach A number of noble Lords, including my noble friend Lord Bourne and the noble Lord, Lord Thurlow, mentioned the impact on leaseholders. This issue was raised in the other place by Sir Peter Bottomley, who was concerned about the impact of new permitted development rights on leaseholders’ ability to exercise their legal right to enhance their leasehold interests by buying the freehold. This is because, when purchasing the freehold, one of the valuation components is something called a hope value or development value. It is indeed true that some leaseholders may be affected by any increase in the value of those blocks of flats but it is certainly not the windfall described by some noble Lords today. It is not a windfall for freeholders but it may affect the valuation My noble friends Lord Holmes of Richmond and Lord Bourne of Aberystwyth, and the noble Lords, Lord German and Lord Thurlow, all raise concerns about quality of homes. All homes built under permitted development rights are required to meet building regulations. In addition, such developments must conform with any conditions required by the prior approval. For space standards, it is a priority that we see new homes brought forward. We think developers are best placed to assess the type and size of homes best suited to the local market. Regulations cover what we deem as the right space standard, but we have intervened so that under these rights you cannot build anything without adequate natural light in all habitable rooms For fire and building safety requirements, all homes built under permitted development rights are required to meet building regulations that make it clear that combustible cladding such as the ACM mentioned by the noble Lord, Lord German, needs to be remediated. I hope this will be as quickly as possible. At this point, well over 333 of the 457 buildings have started or completed remediation. I hope that his building follows shortly. My department—the MHCLG—will write a letter to all building control bodies, making clear all the building safety and fire safety requirements when new storeys are added. Fire safety and building safety are of paramount importance The noble Baronesses, Lady Randerson and Lady Bakewell, raised concerns about the inability of local communities to shape their local areas and local plans. These rights make effective use of existing buildings and boost density. As the noble Lord, Lord Mann, raised, we are looking to build up rather than build outwards. We aim to avoid building on greenfield land and make maximum use of brownfield sites. This is gentle densification. It will respect the appearance of existing streetscape while ensuring the amenity of neighbours is considered through the prior approval considerations Planning fees are an important source of income of a well-resourced, effective, efficient planning system that underpins housing delivery and economic growth. I firmly believe that these regulations will support local authorities to have the capacity to consider new applications and play their part in building the new homes that our country needs. I commend these regulations to the House.