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5.10 pm
The Minister for Social Exclusion and Deputy Minister for Women (Mrs. Barbara Roche): Let me say at the beginning that I fully understand why the right hon. Member for Tonbridge and Malling (Sir John Stanley) has brought the subject of the debate before the House. I congratulate him on securing the debate. I entirely share his view that this is an important issue for his constituency with wider ramifications throughout the south-east. He may be aware of the previous debate that was secured by my hon. Friend the Member for Braintree (Mr. Hurst) in April. It is a matter of cross-party concern to the whole House, and I am pleased that we are discussing it. There is great concern about the practice of sub-dividing farmland to sell off at higher prices than might be achieved through the sale of the land as one large plot, which has given rise to some of the difficulties that the right hon. Gentleman outlines. I shall shortly go into those in a little more detail.
First, I want to reassure the House that the Government do not intend to change the basis of green belt policy as set out in national planning policy guidance. The fundamental aim of green belt policy remains unchanged: it is to prevent urban sprawl by keeping land permanently open. The purposes of including land in green belts are: to prevent neighbouring towns from merging into one another; to assist in safeguarding the countryside from encroachment; to preserve the setting and special character of historic towns; and to assist in urban regeneration. The guidance makes it clear that there is a general presumption against inappropriate development in green belts. Save for a few specific exceptions—for example, agricultural buildings—the construction of new buildings inside a green belt is inappropriate development. The right hon. Gentleman, as a distinguished former Minister in the Department of the Environment, as it then was, will be familiar with policy and procedure in this area. In his announcement on sustainable communities on 5 February this year, my right hon. Friend the Deputy Prime Minister reaffirmed the Government's commitment to the protection and enhancement of the green belt and the valued countryside around our towns and cities.
If the House will bear with me, I shall clearly set out the legal position. I agree that the sub-division of agricultural land, especially in areas of outstanding natural beauty, can have an adverse affect on the scenic nature of the environment. The sub-division itself can be unsightly, but it may lead to even more harmful longer term affects. If a developer buys a plot of land and discovers that planning permission is not granted for the use that he or she has in mind, there is a real danger that
the plot could fall into neglect and disrepair. Sub-division of fields is, of course, perfectly legal and can be undertaken without the need for planning permission. The Town and Country Planning (General Permitted Development) Order 1995 grants permitted development rights for
- "the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure",
Unless a planning condition or other legal obstacle affects the situation, development permitted by the general permitted development order cannot be prevented except by a local authority using its powers under article 4 of the order to withdraw permitted development rights in a particular circumstance. The right hon. Gentleman has already given us a graphic example of that this afternoon. Article 4 directions may also require the agreement of the Deputy Prime Minister in his role as First Secretary of State.
I should also explain that permitted development rights granted by Parliament are removed only in exceptional circumstances, and only when a real and specific threat to the interest of the proper planning of an area has been demonstrated. I am sure the right hon. Gentleman would agree that to do otherwise would undermine the rights granted to the public to undertake minor works, and involving certain temporary uses, without the need for planning permission. I understand that the right hon. Gentleman is not speaking of cases such as these; he is speaking about the specific examples—in a very cogent fashion, if I may say so—that he has given to the House this afternoon. Having said that, when it is shown that such a threat exists, we appreciate that prompt action is required by both local and central Government—I understand what the right hon. Gentleman has said about the time gap; I will undertake to look into that—to ensure that, in appropriate instances, permitted development rights are removed before uncontrolled and potentially harmful development takes place.
I should point out that the effect of the directions is not to prevent development outright. As the right hon. Gentleman has pointed out, the developer would still be able to seek planning permission, but that must be done firmly within the bounds of the planning and development control framework. Such directions enable the council to have control over the situation, and to decide any application in the light of the development plan and any other material considerations, such as relevant planning policy guidance. The process also allows local residents to make representations on any application for planning permission that may subsequently be made.
In respect of the particular case at Deer's Leap that the right hon. Gentleman has mentioned, I base my remarks on information that has been provided to me by the local government office. I understand that Sevenoaks district council had previously contacted the selling agent of Parker Fields Ltd. Indeed, that has been confirmed by the right hon. Gentleman today. The council told the agent that it would strongly resist any form of inappropriate development, as the site was designated green belt, an area of local landscape importance, and an area for the special control of
adverts. It is also included in the Environment Agency's indicative flood plain, so there are several important reasons why the local authority acted in the way that it did.The selling agent was also advised that the site would be closely monitored and that consideration would be given to enforcement action against any development for use of the site for non-agricultural purposes. Following this contact with the selling agent, the council contacted the Office of the Deputy Prime Minister, requesting confirmation of three article 4 directions on the site. It felt that if development took place under permitted development rights, it could seriously affect the character, amenity and attractiveness of the countryside. On 12 March this year, on behalf of the Deputy Prime Minister, the Government office for the south-east confirmed these three article 4 directions on land at Deer's Leap field.
Sevenoaks has subsequently refused planning permission for the siting of four mobile homes on the site, as has been stated, and is currently considering an application for a stable block on the site. However, I understand that there are currently 21 caravans on the site, complete with large areas of hard standing, including block paving, that do not relate to the sketches shown to the council as part of the planning application process. Indeed, this has been graphically described by the right hon. Gentleman.
I further understand—this is my information as of last night—that an enforcement notice is being prepared by the council to remove the caravans and hard standing and return the use of land to its natural agricultural state. I understand also that it will be served very soon.
The right hon. Gentleman raised the question of enforcement powers and how breaches of planning control could be dealt with. He will be aware that we recently undertook a comprehensive review of planning enforcement. The resulting consultation paper, which considers the principles and the range of powers available, was issued towards the end of last year. We expect to announce the results later this year.
The right hon. Gentleman has made strong representations. Even though the consultation period has closed, I give him my undertaking that we will look very seriously at the proposals that he has put to us this afternoon. I hope that that is helpful to him.
Sir John Stanley: I am grateful to the Minister for saying that her Department will look closely at the proposals I have made. Can she say that the Government have an open mind as to whether there may be circumstances in which it would be right to bring major breaches of development control within the ambit of the criminal law system? I am not asking her to sign up to that proposition across the Floor of the House today, but I hope that she can confirm that, on this key issue, the Government have an open mind.
Mrs. Roche: I want to choose my words carefully here. We will look very openly at all the representations that are made to us. The right hon. Gentleman has raised a number of serious issues, which deserve thorough examination. We will certainly look at them. I
hope that he will forgive me for being unable to give any firmer commitment, because, of course, a number of representations have already been received.It might interest the House to know that the Deputy Prime Minister has also confirmed other article 4 directions in respect of sites in the right hon. Gentleman's constituency. For example, the Deputy Prime Minister recently confirmed eight directions on Common road, Burham. The site comprises about 17 hectares of land fronting on to the north-east side of Common road adjacent to Burham Hill farm.
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