Baroness Taylor of Stevenage (Lab)

My Lords, as well as moving Motion F, I will also speak to Motions G, J and J1, with the permission of the House. I will begin with Amendment 33, which was from the noble Lord, Lord Lansley, which sought to make the first set of regulations for the national scheme of delegation subject to the affirmative procedure. I thank the noble Lord for his continued engagement on this very important issue. Having reflected on our useful discussions in previous debates and subsequent correspondence and having heard the strength of feeling in the House on this point, I would like to take this opportunity to confirm that the Government agree with the intent of the amendment tabled by the noble Lord, Lord Lansley. We will therefore use the next opportunity in the other place to bring forward an amendment which will seek to give effect to the intention of ensuring that the first set of regulations for the national scheme of delegation are subject to the affirmative procedure. This, alongside the further safeguard built into the legislation which places a duty on the Secretary of State to consult on the draft regulations before they come into effect, should ensure an appropriate amount of scrutiny and engagement ahead of the implementation of the national scheme of delegation. I very much saw the noble Lord’s point about the first set of regulations coming forward, and I hope he is reassured on that point. Amendment 37, which was tabled by the noble Baroness, Lady Coffey, exempted assets of community value from the permitted development right for demolition under Part 11 of Schedule 2 to the general permitted development order. I am grateful to the noble Baroness for her very constructive engagement on this issue. We agree with the intention of further protecting these important assets. We are already strengthening the protection given to them though the English Devolution and Community Empowerment Bill, currently under consideration by this House—we have not had its First Reading yet, but it will be imminent. If we agree where someone wants to demolish an asset of community value, it is only right they should have to submit a planning application so that the full planning merits can be considered. That is why the Government committed in the other place to consult on this proposal at the earliest opportunity. As mentioned in the debate in the other place, Parliament has granted the Secretary of State powers to make permitted development rights through secondary legislation. As such, the Government feel we should follow the proper route to amending these through important consultation. We hope these commitments reassure the noble Baroness, and we look forward to a consultation on the matter shortly. I hope the noble Baroness has had the opportunity to look at the English Devolution and Community Empowerment Bill. There are significantly greater powers over community assets in that Bill than currently exist, and I hope that will reassure her of our intent in this matter. Amendment 39 was on brownfield land and sustainable development. I completely agree with Peers on the need to prioritise and fully utilise brownfield land. I want to be explicit and assure Peers that the Government already have a brownfield-first approach to development—a principle that successive Governments have adhered to. That is why the Government updated the National Planning Policy Framework last year to further strengthen policy support for development on brownfield land. It currently states: “Strategic policies should set out a clear strategy for accommodating objectively assessed needs, in a way that makes as much use as possible of previously-developed or ‘brownfield’ land”. We also expanded the definition of “previously developed land” in the framework to include “large areas of hardstanding”, bringing more brownfield land into scope and limiting the need to look at other types of land. Of course, it is also the case that, as well as prioritising brownfield development, the existing NPPF already provides protections for non-brownfield land—such as protected landscapes, green belt and areas of outstanding natural beauty—alongside guiding developments away from, for example, using the best and most versatile agricultural land where possible—I know that was a matter of great concern to noble Lords. Last year, the Government published a Brownfield Passport working paper, inviting views on how we might further prioritise and fast-track building on previously used urban land. This included exploring the role of national policy in setting minimum density expectations for certain types of locations to support intensification in the right places. But we are committed to going even further to embed the brownfield-first policy into our planning system, which is why I can commit to consulting on a revised framework later this year that will set out a more rules-based approach to planning, including ensuring that brownfield land is the first port of call for development. In that consultation, we will put forward proposals that help prioritise brownfield land for development, set clear expectations for where development can take place and make best use of existing infrastructure to grow and densify our towns and cities and to support sustainable development. Our proposals will explicitly encourage mayors and local authorities to accommodate more development on brownfield land and specifically relate this to spatial development strategies. I appreciate that the noble Baroness, Lady Scott, is concerned that policy changes alone are not strong enough. I make it clear that the NPPF is the framework within which planning policies and decisions are and should be made. The framework—and all the points I have made previously on the priority use of brownfield land—is a material consideration in planning decisions. All strategic planning authorities must have regard to the need to ensure that their spatial development strategies are consistent with it. Local plans are also required to be prepared with regard to the framework. As such, this is the right place in which to set clear expectations for how and where development should come forward. Our newly revised NPPF, which we will consult on before the end of the year, will provide even clearer policies to drive more certain decision-making, including on brownfield development. Our changes will signal a step change and make clear our ambitions to drive forward brownfield development. We expect changes to meet the objectives of the brownfield-first principle. Our proposals will provide a crucial opportunity to test our approach and consider evidence from the sector to ensure that policies are robust and impactful. We also know that policies can take time to feed through the planning system, and we will continue to keep policy and associated guidance under review. As such, legislative changes are not needed to support this objective and would create overly rigid requirements that may not support effective delivery, or that sometimes may not allow for local circumstances to be taken into account. I fear that the amendment would have become a charter for those who may seek to thwart development and the preparation of SDSs. First, the amendment would bite into SDSs. These are higher-level frameworks with the key aim of planning for medium-term to long-term housing and other development needs, aligning infrastructure provision to support that development. SDSs should of course take a brownfield-first approach, which, as I have mentioned, is already enshrined in a national policy framework that will go even further to prioritise brownfield land. The other aspects of this amendment would create a legislative requirement for increasing densities and reducing travel distances. These are problematic in not allowing for the consideration of local issues—for example, the character of an area, the settlement patterns or the presence of important heritage assets. Consideration of brownfield land is more appropriately dealt with at local level. As noble Lords know, brownfield land is diverse and may not always be suitable for development. A policy approach allows us to trust local planning authorities to arrive at appropriate judgments on the suitability of brownfield sites, having weighed up a balance of considerations. I am afraid that having such legislation, alongside creating overly rigid requirements, would serve only to open up SDSs to the increased risk of legal challenges on potentially very local issues that are not the aim or purpose of strategic development strategies. This may slow them down in providing the homes and infrastructure that our communities need. Therefore, with the strong assurances I have made and the commitments to further strengthen the approach to brownfield land, I hope noble Lords will see the Government’s clear commitment on this and agree with the Motion not to insist. I beg to move.