#
My Lords, these draft regulations were laid before the House on 27 April. The Government were clear in our manifesto that housing need in England cannot be met without planning for growth on a larger than local scale and that we would introduce new mechanisms for cross-boundary strategic planning. To that end, the Planning and Infrastructure Act, which received Royal Assent last December, legislated for the reintroduction of an England-wide system of strategic plan-making.
The Act inserted a new Part 1A into the Planning and Compulsory Purchase Act 2004, placing a duty on strategic planning authorities to prepare a spatial development strategy. An SDS will form part of the development plan to which local planning authorities must have regard when determining planning applications unless material considerations indicate otherwise. Local plans will be required to be in general conformity with the relevant spatial development strategy. SDS are high-level plans that will define the overall scale and distribution of growth and development across an area, including the potential need for regeneration and environmental protection or enhancement. They may identify broad locations for development and the infrastructure required to support it, and can redistribute housing and other development needs between local planning authorities.
These regulations will make two minor, consequential amendments to support the implementation of this new system, which we intend to commence later this year. They will amend Section 114 of the Planning and Compulsory Purchase Act 2004 so that SDS examinations are classed as statutory inquiries within the meaning of the Tribunals and Inquiries Act 1992, enabling the Lord Chancellor to make rules related to the procedure to be followed during the examination of an SDS. They will also amend the Marine and Coastal Access Act 2009 so that marine planning authorities must notify strategic planning authorities of their intention to start preparing a marine plan. Strategic planning authorities are the local government bodies that will be responsible for preparing an SDS.
Unless the Secretary of State directs otherwise, a draft spatial development strategy must be examined by a person appointed by them. The matters to be examined are for the examiner to determine. However, the draft National Planning Policy Framework sets out that the purpose of the examination should be to assess that relevant procedural requirements have been met and that the strategy is sound, alongside any other matters that the examiner considers appropriate.
Regulation 2 will amend Section 114 of the Planning and Compulsory Purchase Act 2004 to allow the Lord Chancellor to make rules, under Section 9 of the Tribunals and Inquiries Act 1992, governing the procedures for examinations. Any such regulations will support the effective examination of a strategy.
Regulation 3 will amend paragraph 1 of Schedule 6 to the Marine and Coastal Access Act 2009 to require a marine plan authority to notify a strategic planning authority whose area adjoins or is adjacent to marine plan areas of its intention to prepare a marine plan. This requirement already extends to local planning authorities and will enable strategic planning authorities to consider how they wish to participate in the marine planning process and to put in place appropriate arrangements for that participation.
This is the first part of a wider package of secondary legislation that we are preparing to support the implementation of the new system of strategic plan-making. Other statutory instruments, which we intend to make in the autumn, will include regulations that will make further consequential amendments to secondary legislation, rules on the procedure to be followed during an examination, and regulations setting out the procedure to be followed in connection with the preparation of a spatial development strategy. I trust that the Committee agrees that these minor, consequential regulations are necessary and will support the effective implementation of the new system of spatial development strategies. I beg to move.
#
My Lords, I wonder if I might intervene at this stage. The Committee will recall—pretty much everybody in the Committee was present during the Planning and Infrastructure Bill’s passage—that, going back to the Levelling-up and Regeneration Act, I have been very supportive of strategic spatial planning, and we want to see that brought into effect as soon as possible.
I declare my registered interest as chair of the Cambridgeshire Development Forum and as a supporter of and adviser to development forums in other locations, as detailed. For the development community in all those places, one of the consistent messages that comes through is about desirability, not simply of having sub-regional spatial planning at a strategic level, not confined to the territory of one local planning authority generally but embracing several, but of what is afforded by that opportunity—namely, the ability to bring together transport strategies, infrastructure strategies, growth plans and spatial development strategies into one document, which can then help guide and direct the planning infrastructure.
As the Minister helpfully explained, as the Explanatory Memorandum does, this is one of several statutory instruments necessary to bring the procedure of strategic development strategies into place. The Minister said, “in the autumn”, but I want to find out is what is going to happen and when. I hope the Minister will be able to confirm that it remains the Government’s intention to publish the response to the consultation on the draft NPPF in July, before recess, so that we can see the final NPPF—without having to wait for the customary publication just before Christmas—and get on with it. On the timetable, I hope that will mean that it will be possible for there to be planning policy guidance published in relation to the preparation of spatial development strategies and for that to happen as soon as possible in the autumn, but certainly, I would have thought, by the end of the year.
Together with the statutory instruments, that will, I hope, enable the Government to set a period during which combined authorities are asked to publish and submit their spatial development strategy timetable to the Secretary of State.
I assume that this will be applied in relation to groups 1 and 2. The Minister and the Committee will recall that, just a little earlier, the Government published a geography of spatial development strategy areas. Groups 1 and 2 are the existing strategic mayoral combined authorities and the devolution priority programme. I am looking for groups 1 and 2 to have their SDS timetables requested to be submitted in the early part of next year at the latest. I would be grateful if the Minister could give the Committee a sense of the complete timetable for SDS.
I turn briefly to the content of the NPPF and the overview. The overview in the draft was not explicit about the requirement in the statute for a spatial development strategy to set out the amount or distribution of housing and the amount or distribution of affordable housing. I have mentioned this in an earlier debate on the English devolution Bill, but I hope that the Minister can assure the Committee that the NPPF is being amended to make some of these requirements of a spatial development strategy a bit clearer.
We should be under no illusions about the difficulties that will potentially emerge. We may well have spatial development strategies that are born of an ambitious local growth plan. My own area of Cambridgeshire and Peterborough, for example, has a very ambitious growth plan published by Paul Bristow, the mayor. If local authorities in Cambridgeshire and Peterborough were to assess housing need based simply on the standard method, there would be no way in which the growth plan that the mayor is looking for could be accommodated by the level of housing supply implied. For local plans to be consistent with the spatial development strategy, they will have to go further.
The same may be true for, and considerable questions could be raised by, green-belt policy. For example, Stockport could not agree with the other local authorities in Manchester on a joint development plan, not least because of their difficulties in agreeing on green-belt policy. A spatial development strategy could, according to the guidance published thus far, set out where changes to the green belt need to be considered in local plans, but the local plan would set the boundaries. What happens if a local planning authority seeks to adopt a local plan that does not change the boundary of a green belt? Having considered it and decided not to change it, does that mean that the local plan is consistent with the spatial development strategy or not? As we go along, we have to be increasingly clear about what consistency with the spatial development strategy looks like. I say that because we will have a number of these debates—not necessarily on every statutory instrument—and, as guidance is published, it will bring some of those important issues to the forefront.
I ask the Minister about the follow-up to the geography document. The Committee will recall that, although the geography of many of the combined authorities is established, it is not for others. For example, we simply do not yet know whether Buckinghamshire will be included in Thames Valley or if it will be a single foundation strategic authority. We need to learn more about what the final geography will look like and when we might hear that. Unless we get that information, I do not think strategic planning boards will be established in areas where a mayor and combined authority are not being put in place relatively soon. I hope that there will be a timetable for that, as well.
My final question is prompted by my being up in Warrington yesterday. Liverpool is relatively advanced in the preparation of a spatial development strategy and, as I understand it, is looking to have it examined and adopted next year. Will Liverpool City Region’s spatial development strategy be treated as consistent with the requirements of a spatial development strategy as set out by the Planning and Infrastructure Act? I hope that, because it was designed alongside the SDS for London, it will be and that the Minister will say that, through Liverpool’s SDS, we can begin to see the process of spatial planning being implemented in places across England.
Those are my questions arising from the statutory instrument. I do not want to be thought of as opposing it, in any sense. I support the SI.
#
My Lords, like my noble friend I am certainly not opposed to these regulations; I am very much in favour of spatial planning. I have just one question for the Minister. I thank her very much for setting out so clearly the purport of these regulations and apologise for not being able to give advance notice of this question. It is a bit left field and if she wants to write, I quite understand that. It is in the context of development corporations. I appreciate there is ongoing work on this and that the emphasis may change given the experience of Liverpool. I wonder what the evolving thinking is within the department. Is the Minister able to say something about these measures, which make a massive difference to growth, and how that could impact the Thames estuary, the Solent and so on? I am happy for the Minister to write if that is more convenient.
#
I thank the Minister for presenting the regulations. I am afraid I am going to break the harmony. The Minister will recall our debates on the previous legislation that my noble friend Lord Lansley rehearsed. I go back to the time I was first elected to the other place—on the same day as my noble friend—in 1997, when the Labour Government introduced regional planning and a regional spatial strategy. I ask the same question now that I asked then: where will the voice of rural areas be heard? Which space will rural areas be occupying? The population of North Yorkshire is 11% of the total population of the region of Yorkshire and the Humber, and yet, with the replacement of districts and boroughs with a combined authority and a mayor, I would say that the rural areas have lost their voice. Over the years of the previous Labour Government—perhaps the next Prime Minister was quite a dominant part of that—I saw that the rural voice was pretty much extinct.
To give an example of why it is important that we consider the rural voice, there is a trend of building four-bedroom or five-bedroom homes, whereas in rural areas what we really need are one-bedroom or two-bedroom homes. Obviously, it is not necessarily of interest to developers to build that type of housing stock. The question then arises: what consultation will there be when these spatial strategies come out?
I have been looking at the pages on North Yorkshire and the surrounding area—York, East Riding and Hull. They have produced a spatial framework looking ahead to 2035 to 2050. I am aware of rural house prices being higher but, until I read that framework report, I was not aware that urban house prices in parts of North Yorkshire and Hull are higher. It will not have escaped the Minister’s attention that the incomes are predominantly lower in these areas, so there is the challenge of lower wages and higher house prices.
I would like to ask two questions. What consultation will there be, both at national level and at a more strategic level and how, in that consultation, will the rural voice be heard? As we now have a Mayor of York and North Yorkshire—I do not see mayors mentioned, but there must be an answer of which I am not aware—what will the relationship of the mayor be to producing answers to a spatial plan?
I echo my noble friend Lord Lansley’s request that the Government publish the responses to the National Planning Policy Framework. An underlying concern in all of this is that we do not develop areas on the functional flood plain of zone 3b.