Baroness McIntosh of Pickering (Con)

My Lords, I will speak to Motion E1, as an amendment to Motion E. I have listened very carefully to what the Minister, who I hold in the highest regard, has said this evening. But I am disappointed that the other place continues to disagree with our amendment—in its view, because it is not necessary to make provision in primary legislation about the agent of change principle. It would be helpful at the outset to understand what the agent of change principle is. For example, say the Minister operates a successful business, possibly a nightclub or a music venue, then I come along, as a developer of a block of flats or a housing project. I am then the agent of change. At the time that I seek planning permission, I should ensure at that point that any mitigation measures required are considered at that stage and that the costs be absorbed into the cost of the development. Most mitigation measures relate to noise, but there could be other forms of nuisance too. The previous amendment reflected the situation that currently exists in that regard in England and broadened the concept of nuisance. Amendments 94F and 94G narrow this down to noise. In each case, this represents the position in Scotland, where a statutory provision came into force seven years ago and is seen to be working well. It gives a clear legal basis in statute for planning authorities and businesses to follow. All we seek to do is to put English law on the agent of change on the same statutory footing as exists successfully in Scotland. The current situation is policy based on the National Policy Planning Framework, and guidance has no legal effect, delays planning decisions on houses and flats, which are so dear to the Government’s agenda, and causes a barrier to the Government’s growth strategy. The Government propose to review the NPPF and guidance and add a letter for local authorities to refer to—how nice. This will lead to a downward trajectory of business closures, predominantly but not exclusively music venues, to continue unabated. Unless the Minister is able to give us a clear undertaking for a review of the current position in one year, with a commitment to introducing a statutory provision, I am minded to test the opinion of the House.