Matthew Pennycook
MP for Greenwich and Woolwich · Labour · United Kingdom
“It is a pleasure to serve with you in the Chair, Dame Siobhain. I congratulate the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) on securing this debate.”
“I will address the right hon. and learned Gentleman’s specific question in due course. Before I do so, I want to put on the record the policy in relation to villages. He can rest assured that I will address the point; if he is unsatisfied, he is more than welcome to intervene again. A number of hon. Members mentioned villages.”
“I will say two things in respect to that, and I will come on to detail how the approach works in relation to decision making very shortly. In general terms, developers can make whatever claims they like about any particular site across the country; it is for the local authority to assess whether, in its view, that site constitutes grey be…”
“and learned Gentleman’s point about what is likely to constitute grey-belt land. Let me directly address his other two specific points. Is this a significant policy? Absolutely, and it has been judged as much by the Office for Budget Responsibility and other external commentators. Is it deliberate? Absolutely. We want, as the right hon.”
“Where authorities may wish to restrict development in villages for other reasons, a range of tools are available, such as conservation areas or normal development management policies. On the right hon.”
“We have to put in place policies that, through the decision-making route, allow homes still to be brought forward in that interregnum, but then we have to push heavily to drive towards universal plan coverage. At that point, the protections are in place.”
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“There is a lot in the hon. Lady’s question, but let me say a couple of things. First, we have been clear as a Government that when new housing comes forward, it must be matched with new amenities and infrastructure. We strengthened the policies in the previous framework last year to provide for community infrastructure, but today’s draft framework consolidates and strengthens that even further. She will be interested in the new vision-led transport measures in the framework, again strengthening those provided for last year. We want the appropriate amenities and infrastructure to come with housing, because we want to create not just housing units, but thriving places and neighbourhoods for people to live.”
“When it comes to the green belt, through the changes that we made last year, we have set out a very clear sequential test for what local planning authorities need to do when they have exhausted brownfield development, densification, cross-boundary planning and co-operation with local authorities. When they do need to review green belt, they should start with the poorer-quality green belt—grey belt—in the first instance, if that is required to meet their housing need.”
“My hon. Friend tempts me, I think deliberately, to comment on his local plan, which, for reasons that he will appreciate, I cannot do. On the general principles, there are many factors that need to be considered when planning committees, officers or elected members consider particular application, but we want to see greater weight given to applications on sites that are allocated in the development plan. This goes to the question from the hon. Member for Chippenham (Sarah Gibson). We want plan-led development. Local plans are the cornerstone of our planning system. That is why it is such a problem that we inherited a planning system where the coverage of up-to-date local plans is only a third. We are determined to drive up coverage of local plans, and to drive plans to adoption as quickly as possible.”
“That is the low-hanging fruit when it comes to bringing forward new homes in this Parliament.”
“It is set out in the framework— [Interruption.] If he will allow me to reply, the definition set out in the framework is “within walking distance”, so about 800 metres. However, as with everything in this framework, we are consulting on what is the appropriate distance around stations, and I am more than happy to take his views and those of any other hon. Member views into account.”
“I have huge respect for the right hon. Gentleman, but it is absolutely incorrect to say that the draft framework proposes a free-for-all in relation to land around railway stations. As I have said, we want to establish, in principle, a default “yes” for development around railway stations within existing settlements, and to extend it to well-connected stations outside. That will provide clarity and confidence that these locations are suitable for growth, with the potential to unlock land for up to 1.8 million homes over the decades ahead. Alongside this, as I have said, we are proposing minimum densities to ensure that land is used effectively. The right hon. Gentleman asked me for a specific radius.”
“There is a suite of other simplifications for smaller and medium sites that are not exempted, and DEFRA will consult on whether any acceptable exemptions are appropriate for residential brownfield land.”
“My hon. Friend is absolutely right: BNG plays a vital role in protecting and restoring nature, while enabling us to build the homes that this country needs. The Government remain fully committed to it as an approach to development, but, as I hope hon. Members will recognise, this is a novel system that was introduced only last year. We have heard from developers, local authorities and ecologists that the system needs to work better for some of the smallest developments, and that there are particular challenges on brownfield land. That is why the Department for Environment, Food and Rural Affairs consulted earlier this year on updates to the system, and why we are today confirming that we will introduce that new exemption—and we think that 0.2 hectares is the right size for it.”
“It is wrong to say that this is an area that we are overlooking. I refer the hon. Member to a working paper that sets out a series of proposals to get build-out transparency and accountability up. A delayed homes penalty, for instance, would act as a charge when development could be coming forward but is not. Those proposals are distinct from today’s draft framework, which does not deal with that issue, but I can assure him that it is very much a priority for me and for the Department.”
“I have visited the developments in my hon. Friend’s constituency that Ebbsfleet development corporation is taking forward. As I said in response to an earlier question, we as a Government are clear that new housing must be supported by appropriate infrastructure and amenities. Last year we made important changes to the framework to strengthen the provision of community infrastructure, and, as I have said, the draft framework consolidates and strengthens the support given to that provision, including public services. However, we know that there is more to do to ensure that the right infrastructure comes forward at the appropriate time, alongside the building of new homes.”
“It is difficult to make blanket statements about individual development sites. There are many reasons why sites across the country are held up, but sometimes they are legitimate reasons to do with viability. As I have said, we are experiencing a housing market downturn, although we are hopefully coming out of it with the assistance of some of these policies. Viability is a challenge across the whole country and is particularly acute in places such as London, but where development could be coming forward and is viable but developers are not proceeding with it, we want to look at further measures on build-out to ensure that it does come forward. We are providing central Government support through the new homes accelerator to unlock the large strategic sites that have already received consent.”
“I am aware of the case to which the hon. Member refers. There is considerable pressure on the housing infrastructure budget and the projects that remain within it. I am aware that in respect of this case, which he has raised with me previously, a material amendment has been submitted and is being considered. Obviously I will not comment on that, but I think his point shows that the Government do provide significant amounts of funding support for land and infrastructure across the country to help to ensure that those homes can come forward in the right places, with the right infrastructure and transport connections.”
“Absolutely, and we are taking concerted action across the Department, not least through the homelessness strategy that was published in recent weeks. At the heart of how we resolve the problem of temporary accommodation is building more affordable homes, particularly more social rented homes. That is precisely why the £39 billion social and affordable homes programme devotes 60% of its funding to social rented homes.”
“I am afraid that I fundamentally disagree with the right hon. Gentleman. Mandatory housing targets have an important role to play in a functioning housing and planning system, and we have seen the impact—in nosediving supply—of what happens when anti-supply changes are made to the NPPF. On the specific change that he references, yes, we are changing the referral criteria so that they apply not just to planning applications that might be accepted and that the previous Government wanted to ensure could be blocked, but to planning applications that might be refused and that we might want to see come forward.”
“I want to mention again the advocacy and work that my hon. Friend the Member for Bournemouth East (Tom Hayes) did on this subject through the Planning and Infrastructure Bill; he persuaded us to look at it very closely. The new policies on children’s play signal strong support for providing and safeguarding areas for children’s play, both through plan making and when dealing with development proposals. Importantly—my hon. Friend the Member for Thurrock (Jen Craft) is right to reference this—they make it clear that local communities should be actively involved in the design of play areas, so that they are inclusive and reflect local needs.”
“As I have said in response to previous questions, we made a series of changes to green belt land designation release in the NPPF last year. These changes have been carried over into the draft framework, with one substantive change, which is to enable appropriate development around well-connected train stations across the country, including in the green belt. What I would advise the hon. Lady to say to her constituents is that we should bring forward appropriate and appropriately dense development around existing public transport infrastructure.”
“There is support within the new framework to boost local and regional economies, and we want to encourage economic growth by giving substantial weight to the benefits of supporting business growth and to particular areas and sectors. I am more than happy to sit down with my hon. Friend and ministerial colleagues to give her a better sense of how the different initiatives across the Department, including Pride in Place, will work for her area and across the country.”
“The solution to nutrient neutrality and other similar constraints is the environmental delivery plans delivered through the Planning and Infrastructure Bill, which the hon. Gentleman’s party voted against.”
“My hon. Friend is absolutely right, and he is one of a number of hon. Members on both sides of the House who have called for greater support for swift bricks, which we recognise are a vital means of arresting the long-term decline of the breeding swift population. The new swift brick requirement in the framework will require all developments to include swift bricks in their construction, unless compelling technical reasons prevent their use or make them ineffective. This is a significant strengthening of the expectations already in place, and we expect the end result to be at least one swift brick in every new brick-built house, unless there are legitimate reasons why installation would not be appropriate.”
“I know the hon. Lady will take a keen interest in annex B of the framework, which deals with viability specifically and asks a range of questions. We want to ensure that we have a viability system that is working effectively, that is fair and that deals with the constraints that prevent development from coming forward, rather than being, as the National Audit Office and others have drawn attention to, abused by some developers to reduce rates of affordable housing and other obligations in section 106 agreements.”
“My hon. Friend is right, and the protections and provisions that were in the draft framework last year have been carried across. We want councils to be able to designate those spaces for their areas, but we also want to see development come forward in the right places. I think she alluded to a national scheme of delegation, and we will be taking forward our reforms to modernise planning committees that are in the Planning and Infrastructure Bill. We will set out details of the national scheme of delegation, and consult on the draft regulations, early next year.”
“As I have said to other hon. Members in the past, housing targets, under the new standard method we have introduced, will increase in every metro area in the country with the exception of London, which was given a fantastical figure by the previous Government, because they applied the urban uplift—an entirely arbitrary 35%—to every London borough, not just the core centre.”
“I have referenced before the consolidation and strengthening of the provisions in the framework we published last year in terms of the provision of infrastructure, particularly public service infrastructure. It is local plans, primarily, that should address needs and opportunities around infrastructure, and identify what infrastructure is required and how it can be funded and brought forward, but the reforms we are making through the draft framework will make both plan making and decision making clearer and simpler. I am more than happy to sit down with my hon. Friend to discuss the particular challenges she is facing in her constituency.”
“The hon. Gentleman’s constituents can trust this Government because we are setting out—for consultation, as I continue to stress—a clear definition of what a well-connected station means. As I said in response to the shadow Minister, we have defined it as the top 60 major economic centres based on travel to work areas by GVA, and four trains an hour or two trains in one direction. This covers 60% of train stations across the country, with 40% that are not covered, but we welcome views through the consultation.”
“I confirm to my hon. Friend that the 40% figure is a minimum, not a target. Our proposals recognise that accessibility needs are locally specific, and our changes ensure that necessary levels of accessible housing are provided, while providing authorities with the flexibility to maximise house building overall. Where needs are higher than the mandatory minimum, we are proposing that planning policies should reflect this.”
“I will meet the hon. Gentleman and his local authority leader—I am more than happy to set out the Government’s position on green-belt land designation and release—but I gently say to him and other Opposition Members that there is no way of building the volume of homes our country needs on brownfield land alone. There is not enough land on brownfield land registers, certainly not brownfield land that is in the right place and viable to meet that need. We do need to release more land, including green-belt land, but we are doing it in a fair way and starting with grey-belt land first.”
“We do want to provide greater protection for our precious chalk streams, which is why we have included explicit recognition of them in the framework. As I said in a previous answer, we will ensure that local plans identify and manage the impacts of development on these sensitive areas and set clearer expectations for development proposals in relation to them. The aim is to secure the consistent application of policy on these precious habitats. That will be supported by the roll-out of local nature recovery strategies, which will be able to map chalk streams and identify measures to enhance and improve them.”
“I have never pitted, and I will not pit, development against the environment. This Government have sought a win-win for both, which is precisely what part 3 of the Planning and Infrastructure Bill does. The hon. Member is wrong to suggest that all this Government are doing is planning reform. Planning reform is a necessary but not sufficient measure, and we are undertaking plenty of others, including £39 billion for the new social and affordable housing programme.”
“I would say two things in response to that question. The Government have already allocated significant funding for planning capacity and capability in local departments. The Chancellor in the recent Budget allocated another £48 million. We are making £8 million of that available today to support local authorities with development management. In general, this framework will give a major boost to rural economies. We are making it very clear that development that supports farm modernisation and food production, and that allows rural businesses to grow, should be supported.”
“The right hon. Gentleman rightly draws attention to the potential to do more on voids and on empty homes more generally, although councils already have quite significant powers to bring empty homes back into use. I say very gently to him, building on my comments about the need to release appropriate green-belt land where necessary to meet housing need, that my concern is less about the instances he described and more about the 1.3 million people languishing on social housing waiting lists and, in particular, the 170,000 children who are today homeless and living in temporary accommodation. We have to build more homes. That requires green-belt land, as well as brownfield land, to be developed.”
“The second half of my statement—I hope my hon. Friend will have noticed—is a series of measures, interventions, policy and regulatory easements to get small and medium-sized house builders back on the pitch in a serious way, alongside councils and community-led housing. We need more providers on the pitch, building a diversified house building market. I hope that SME house builders across the country will welcome the package.”
“I am more than happy to clarify and provide a bit more detail, which will hopefully reassure the hon. Lady. Through the changes we have made in explicitly recognising chalk streams, we are now clear that local plans must identify and manage the impacts of development on these sensitive areas. That might include creating buffer zones or green corridors around them, as well as and alongside clearer expectations for developments, so that in decision making they are properly protected.”
“I am afraid—I have been very open about saying it before—that I have never been convinced by that CPRE research. As to the general thrust of the right hon. Gentleman’s question of whether we want to see more development on previously developed land, absolutely. I stress once again to hon. Members the radical nature of the proposals that we have brought forward today with regard to brownfield land. We are proposing development support in principle within settlements as a whole, with a permanent presumption in favour of development on brownfield land. Opposition Members keep challenging us to go further on brownfield. There is no further. This is dialling up brownfield to the extreme and it will ensure that we get brownfield applications in, as well as green-belt land release and designation where necessary.”
“I refer the hon. Lady to the comments I have already made on how the new draft framework further consolidates and strengthens the expectations around infrastructure provision. Vision-led transport, which is now hardwired through the framework, will make a difference to the challenges she poses, but she is absolutely right that we want to see infrastructure up front, alongside new homes being delivered.”
“I have a lot of time for the hon. Gentleman. It sounds to me—I may be guessing here—that he has a specific constituency matter that he might like to discuss with me, and I would be happy to do so.”
“There are real challenges with housing delivery. I refer the hon. Lady to the proposals on build-out generally that we have outlined and sought feedback on. She is absolutely right in the thrust of her question: we are overly reliant as a country on a handful of volume developers. That is precisely why we are encouraging other providers to get in the game through the package we have announced today for small and medium-sized house builders, so that we can have the diversified house building market that we need to bring forward delivery in the volumes the country requires.”
“The hon. Gentleman and I have had this discussion, or variants of it, many times. We have a slight difference of opinion over the role of housing targets; I think they are necessary and play an important role. However, we are giving local planning authorities the tools they need—specific to the hon. Gentleman’s area, that includes changes in the draft framework on rural, social and affordable housing and the wider grant funding support that we are bringing forward through the £39 billion social and affordable homes programme.”
“We want to see more community input, particularly upstream in the development of local plans. The Government are committed to driving local plans to adoption; we want to see universal coverage of local plans. The clear rules-based policies in this draft framework will help with the new plan-making system that we announced just weeks ago to ensure that we can drive up coverage in this Parliament.”
“I was very clear that there is more that needs to be done to transform the failing housing system we inherited from the Conservatives. We need greater focus on reform and delivery; that will come next year. The regulatory and planning changes that will be made today—the culmination of 17 months of work to transform our planning system—are absolutely vital. We will come forward in due course with a response to proposals around build-out measures.”
“Further to that point of order, Madam Deputy Speaker. It sounds like there was an error made by the Department, and for that I sincerely apologise. I will discuss this with Ministers and officials to make sure that it does not happen again.”
“I will also seek, through my officials, to ensure that she gets the requisite engagement with the relevant statutory consultees. In this instance, that will mainly be the Environment Agency, but she is more than welcome to write to me with other bodies that she wants to be engaged, particularly on the flooding issues she raised. To conclude, I commend the hon. Member for Thornbury and Yate once again for securing this important debate. I thank her for the clarity with which she set out her constituents’ concerns and the constructive manner in which she engaged with me on the subject. I will ensure that she gets the required engagement with my Department to explore what might be done in respect of the concerns that she has so ably set out. Question put and agreed to.”
“I appreciate, therefore, that the planning system as it has developed in the post-war period and as it is currently constituted does not provide a ready solution for the specific challenge outlined by the hon. Member for Thornbury and Yate. With a view to exploring what more might be done within the constraints of the current system, I am happy to ensure that the hon. Lady gets a meeting early in the new year to give the matters relating to these specific applications the due consideration they warrant. As they relate to a specific application, I hope she will accept that in the first instance it would be appropriate for them to be with officials in my Department rather than me personally, but I will make sure that that meeting covers the analogous points she made about mineral permissions and IDO processes.”
“Where relevant considerations are raised by local residents, they must be taken into account by the local planning authority. However, the weight attached to a particular condition is a matter of judgment for the local authority as the decision maker in the first instance. Although there are clearly cases where historical planning permissions may still be implemented years after they were granted, the Government consider them to be extremely rare. To the extent that such planning permissions remain extant after the development has been commenced, they cannot automatically be extinguished. As I have set out, local planning authorities do have the power to revoke or modify incomplete planning permissions, or issue commencement notices, but only in specific circumstances.”
“Where a new planning permission is sought, planning law requires that local planning authorities provide the local community with the opportunity to make representations about the application through a range of methods. As the principle and therefore substantive planning matters have typically been established through the outline planning permission, there is no legal requirement for local planning authorities to consult on an application for approval of reserved matters. However, I am aware that where the matters raised would warrant input from the local community, local planning authorities do carry out engagement with communities when assessing applications for the approval of reserved matters. In the unique circumstances of an historical planning permission, I would encourage local planning authorities to carry out such engagement.”
“As the House will know, outline planning permission establishes the principle of development, on the condition that subsequent reserved matters are to be approved at a later date. When considering an application for the approval of reserved matters, the decision maker must consider these matters of detail within the context of the outline planning permission. Although this does not allow decision makers to revisit the principle of development or the parameters set by the outline permission, local planning authorities can ensure through reserved matters applications that the development constitutes sustainable development and that amenity, design quality, highways safety and flood risk issues are fully considered. Finally, let me turn to community engagement.”
“In such circumstances the local authority can serve a completion notice, which works on a “use it or lose it” basis, with the planning permission ceasing to have effect at the end of a specified period of at least 12 months. As part of this Government’s commitment to provide greater transparency and accountability in respect of build-out rates on housing sites and to speed up the building of homes, we intend to implement the changes made to relevant completion notice legislation under the Levelling-up and Regeneration Act 2023. This will remove the need for Secretary of State confirmation of a completion notice, making it easier for local planning authorities to use such notices. It is worth me making some brief remarks about outline planning permissions.”
“As the local planning authority would in such circumstances be unilaterally affecting a land interest’s right to develop, it is worth making clear that in such a scenario the planning authority in question would also be left liable to provide compensation to the land interest for any expenditure incurred in carrying out works and other sustained loss or damage. Another tool potentially available to local planning authorities is a completion notice under section 94 of the Act. This can be used where development has begun under a planning permission but the LPA is of the opinion that the development will not be completed within a reasonable period.”
“We also recognise that the conditions and obligations related to the development of these historical permissions may not be as comprehensive as a recent permission for the same development would be. Local planning authorities do have the power, as a last resort, to revoke or modify planning permissions that could be used for historical planning permissions under section 97 of the Town and Country Planning Act 1990. The Secretary of State must confirm any revocation or modification, and there must be sound planning reasons for taking such action.”
“Snowdonia National Park Authority made clear, it is not lawful to carry out development if the development has become physically impossible to implement—for instance, if a planning permission for another subsequent development has been implemented instead. This means it is likely that many historical planning permissions that have not been implemented cannot now in practice be lawfully carried out, as subsequent development has since been carried out so as to render further development under the historical permission physically impossible. That said, the Government recognise that it is still possible to carry out the development granted by a small proportion of historical planning permissions—for instance, if there has been a partial commencement.”
“This issue was partly— but not entirely—addressed in the Town and Country Planning Act 1968, which required, through a mandatory commencement condition, that development must begin within five years in relation to full permissions. The same Act extended that requirement to earlier permissions that had not been built out before 1968. Since then, the default commencement period in England has been reduced to three years for full permissions, to ensure timely build-out of developments. If a development is commenced, the planning permission remains extant, and it is often possible for a developer to carry out the remainder of the development many years later. However, as the recent Supreme Court judgment in Hillside Parks Ltd v .”