Yesterday the Government announced that it was amending the Growth and Infrastructure Bill following Anne’s opposition. The original proposals would have allowed the building of new extensions, double the current size, without formal neighbour or council consultation. During the debate last week Anne led calls for these proposals to be dropped or significantly amended. Anne said that without amendment these proposals would be extremely divisive.

The Secretary of State, Eric Pickles, responded; “I believe that we can give the assurances that my hon. Friends seek, but we need some time to discuss this with right hon. and hon. Members, and then, whatever the outcome, it will come back here on 23 April; that is certain”.

After meeting with Anne the Minister altered the plans. The new proposal ensures that if a home owner exercises the new extended permitted development rights then neighbours have the opportunity to object, and that if an objection is raised, the council will make the final decision. Anne welcomed these changes but said that she still had some concerns over whether these new rules would mean an added cost for local authorities as no fee would be paid on application.

In response to Anne’s concerns the Minister said; “My hon. Friend raised the issue of fees, which I addressed when I opened the debate. I repeat that if she turns out to be right about the actual cost to local authorities, we will, of course, discuss any concerns or new pressures on them with the Local Government Association in the normal way”

On leaving the Chamber Anne said;
“I am pleased that the Government has listened to my concerns and made significant changes to the legislation. The Minister has conceded that should these changes present an added cost to councils then he will investigate. It is not acceptable that local authorities will have a new fast track service for some applications and yet may not have the resources to deal with them. There is still a great deal of the detail yet to be announced about these new rules and I will be following the formation of this guidance carefully to ensure that we get the best deal for residents, taxpayers and the environment”.

FULL TEXT:

Mrs Main: I wish to speak to amendment 7B. I am delighted that the concerns about neighbour notification and the involvement of local people in decision making have been listened to. That was crucial for many Members of this House. However, I would still like to tease out answers on some of my concerns about amendment 7B.

St Albans, according to the Department for Communities and Local Government’s own figures, handles twice the number of planning applications as a normal planning authority. We are surrounded by green belt, thankfully, but are under direct pressure from many developments, including domestic developments. The fees collected do not cover the planning applications already being made, so we run a subsidy to the planning operations of St Albans district council.

I suggest that the fees for applications are quite modest. They form a very small part of a whole development. For example, they do not include architect fees, which can be substantial, or any of the other land searches that might be needed, for instance when tree protection orders are in place on a site. I do not believe that the fees are what deter people from making applications for a housing development, perhaps for a growing family. What I am concerned about is that we will now have what I call “planning-lite.”

The original amendment in the Lords, which was defeated there, suggested not involving planning officers, neighbour notification or any other work for the council whatsoever. The new amendment, which I welcome as an improvement on the old one, would bring the planning system into the permitted development rights decision-making process and, as a result, mean direct costs for many councils, particularly those, such as mine, that have a significant number of planning applications. I cannot see the savings. I would love to see some sort of spreadsheet showing how that cannot be a burden on the council, as it means taking those applications, because they are above the original permitted development rights figures, out of the current planning system, in which a fee is paid for examination and registration for neighbour notifications and perhaps even a site visit, and moving them so that the officer still does the same work but does not get any of the fee. I urge the Minister to monitor that situation, because in a heavily utilised planning department, such as the one in St Albans, I believe that this will have a negative impact on the council.

I am also concerned that we are effectively introducing a third planning system and that there might be pressure on neighbours not to object or to trigger the process. I can envisage developers going around and reassuring neighbours that a development will not be a problem, and the neighbours might feel reassured, but is money to be put into enforcement if the neighbours, when they see the edifice going up, are unhappy because what was described to them is not what is being delivered on their doorstep?

Those are details, but having served as chair of a planning committee and, like other Members, having a postbag filled with planning issues, I know that they are important details to reassure not only hon. Members in the House, but those of us who will face neighbours who say that they were not really aware what they could object to and that a developer had assured them that they had the permitted development rights. We will not be party to those conversations.

Andrew Bingham: Like my hon. Friend, I welcome this change. Does she share my concern that neighbours will need to be able not only to look at the plans, but to read and understand them?

Mrs Main: I do share that concern. Obviously, the detail is still very light. For example, will the plans be available on websites? Since councillors do not seem to be involved in the system, someone could potentially go around and advise someone who is not as savvy as hon. Members are on the implications of a structure for them in order to form an objection. There is a very active civic society in St Albans that takes a keen interest in planning. I am disappointed that no one other than an immediate neighbour can form an objection. The people who run the Watercress Wildlife Association in St Albans, for example, take a keen interest in the water run-off from further uphill. Will we have a domino effect of several applications on large permitted development rights that eventually start creating soggy gardens further downhill?

I know that that is all detail and that this is a short debate, and I do not wish to tire the House, but my main concern, if we are to move to the new “planning-lite”, is that we seem to have given additional responsibilities to councils but no additional resources. I urge the Minister to listen to the words of councils, which already feel that they subsidise the planning system. We also do not know whether there will be non-determination periods. I have no idea whether the permitted development right period of determination would be similar. What council would prioritise a determination that has no fees associated with it over a determination that has a determination period and a fee associated with it? Will we have two categories of decision making? That all needs to be teased out, and I look forward to the Minister giving guidelines that ensure that councils are consistent in their approach to those decisions and that it is not simply a question of whether someone happens to have a vocal neighbour who is savvy enough to interpret plans and make objections in the interests of the whole community rather than just in self-interest.

| Hansard

Interventions in the same debate

Mrs Anne Main (St Albans) (Con): I am pleased that the Government have taken account of Back Benchers’ concern about neighbour notification. Does my right hon. Friend know how many authorities currently believe, or know, that they are operating with a deficit in terms of planning fees? My local authority believes that it subsidises planning, and that the fees recovered do not cover the planning service that is currently provided.

Michael Fallon: The object of the scheme is that we end up with fewer, not more, planning applications, and that should save local authorities some expense.

| Hansard

Mrs Main: My hon. Friend the Member for Mid Dorset and North Poole and I have serious concerns that some people may feel unable to object because of their relationship with their neighbour. They may be disadvantaged, so another neighbour could object on their behalf.

Michael Fallon: I would hope that neighbours would talk to each other and discuss any proposed developments. They should not feel that they are not able to object. As I have said, it is hard to understand why those who live further away should have, or should be entitled to register, stronger objections than those who live next door to the property concerned.

My hon. Friend raised two other issues, the first of which was what would happen if the extension turned out to be larger than or different from the original proposal. Under the notification, the plans have to be deposited with and approved by the building control regime, which will exercise supervision in exactly the same way as it does for a normal planning application. It would also be able to require modifications to an extension that did not fit the original plans.

Secondly, my hon. Friend raised the issue of fees, which I addressed when I opened the debate. I repeat that if she turns out to be right about the actual cost to local authorities, we will, of course, discuss any concerns or new pressures on them with the Local Government Association in the normal way. Our position, however, is that there will be considerable savings as a result of a number of applications not going through the normal planning route.

| Hansard