Select Committee on Environmental Audit Minutes of Evidence


Examination of Witnesses (Questions 100 - 120)

WEDNESDAY 23 JUNE 2004

COUNCILLOR DAVID SPARKS OBE, MR DAVID WOODS, MR MARTIN BACON AND MR LEE SEARLES

  Q100  Joan Walley: Can I follow that up and ask Councillor Sparks, you mentioned the need to have balance, where do you expect that mechanism to come from? Do you think that mechanism exists at the moment? You have obviously talked about local authorities not being part of that balancing mechanism; where do you expect within government that mechanism to come from?

  Mr Sparks: To answer your question first of all, the mechanism does not exist at the moment. I think that we are well on the way to constructing such mechanisms in particular by recognising that a lot of activity needs to take place at a sub-regional or a local level within regional strategies. What we need to do is to make sure that we do not have too many   initiatives affecting a locality which are uncoordinated. In relation to Stoke-on-Trent or the Black Country, the Black Country is the perfect illustration especially given that there is a Black Country sub-regional study as part of the regional planning guidance process where usually development plans are being integrated in relation to that; I think that is the way forward. It is not a question of producing plans. We are experts at producing plans; we produce thousands of plans. What we need is a programme to implement the plan which is properly funded.

  Q101  Sue Doughty: The Energy Savings Trust this week called the Sustainable Communities Plan "reckless" and it said that the Government is trying to build houses as cheaply and as quickly as possible, overriding environmental commitments. You have also expressed concerns about compromises on environmental standards. Do you think the Government is at all committed to ensuring that environmental standards will not be compromised or do you think it is development at all costs?

  Mr Searles: I think there is a commitment in terms of trying to ensure they live up to the term sustainable in the delivery of the sustainable communities. Whether it is actually going to feature in the delivery on the ground is an open question and I think colleagues from the two growth areas need to comment on that. There are undoubtedly issues around the higher capital cost of delivering sustainable construction at the outset and that can tip the balance. I think I would rather pass over to colleagues from the actual growth areas to hear what they have to say.

  Mr Woods: From our experience in Barking in particular there has been in the past no commitment to meeting future Energy Savings requirements and I think the danger in the Communities Plan is that it is volume houses fairly quickly and apart from the lack of community sustainability there is the danger that we will not be able to meet the energy targets of the future. More investment now in things like combined heat and power schemes in much higher standards of construction and insulation, models like BedZed and so on will in the end bring lower energy and water costs and so on to everyone, including those who are in subsidised housing. I do not think you will see a commitment from government to making those high standards and those kinds of energy provisions like CHP schemes.

  Q102  Chairman: What kind of commitment is there from local government? You have had the chance to do it for years and nothing has happened.

  Mr Woods: Local government has had the opportunity but only through things like Building Regulations, through trying to influence how housing corporation money is spent and to what standards. Those are really quite modest standards and where they are enforceable they have been enforced. I can well remember our first attempts to get lifetime homes built where developers had to be dragged kicking and screaming but after the event found that they sold all of those off the plan and wished they had built more. I think people who are building, investing capital at the front end, have little or no interest in the running costs of the property for others afterwards and I think it would be much better if governments set high environmental standards as a condition of receiving grant including housing corporation funding as well.

  Mr Bacon: The building control officers in Ashford Borough Council feel that the regulations do need to be strengthened to meet the targets that have been implied in this plan. My staff have met officials from the ODPM and they say that they are actively looking at amending the Building Regulations but I do not know any more than that. Secondly, I think English Partnerships and a whole range of organisations including the Housing Corporation now do a number of pilots on trying to make housing more sustainable and so on. The problem is that these pilots do not get translated into mass production in the private sector and I think one of the things we have to find is the link between the two and how we can get there. I think that is the one we should explore.

  Q103  Sue Doughty: Going on from that—energy efficient homes and climate change—we have no examples of the need to manage climate change if we are going to build in the Thames Gateway. Much more does need to be done.

  Mr Woods: I would agree with that and I think the model that the Ann Power of the LSE puts forward of a longer term development could and would achieve a carbon neutral development. I do not think that can be said of either the Treasury model or the plan that is currently being discussed. Again, the evidence for that is in the report which I will submit to you.

  Q104  Chairman: That is carbon neutral excluding the carbon emitted during the building and construction phase presumably.

  Mr Woods: I imagine so.

  Q105  Chairman: That is quite big, too.

  Mr Woods: Yes, it is.

  Q106  Sue Doughty: Referring back to a point made by Mr Bacon, when you were worried about whether we are actually going to be building trash, we do have the problem that if we build trash we will be back to that cycle as I was saying before of houses built in the 60s and 70s where we have to go in for renovation. How would we really overcome this whole problem of short-term gain regardless of what problems are stacking up for the future?

  Mr Bacon: I think first of all we need a proper master plan for an area. Secondly, as I said, a proper financial assessment of what the plan costs and where you are going to find the money for it to implement it and so on. A very strong planning authority supporting those standards through the appeal process. An inspectorate lining up with what the ODPM wants in term of those standards being enforced. We do not always see that joined-up government between what the inspectorate are deciding and what is written in the national policy guidance. I think it is very important that we have that sequence followed through. We can do it; this is not rocket science. It is done in other parts of Europe very, very well and so there is no reason why we cannot do it in Britain but it does need a very firm political backing for it to happen.

  Mr Sparks: You also need the rest of the master plan to be implemented at the same time.

  Q107  Mr Chaytor: In your written evidence and in your comments this afternoon you use the word "sustainability" very freely. Does the LGA have a working definition of sustainability?

  Mr Searles: I do not think we have defined one for ourselves. Obviously the generality of the term sustainable development has evolved over the years to one which is now encompassing of wider economic, social and environmental factors. I think that wider definition is the one the LGA generally works with. Emphasising Martin's comments from before, in terms of delivering sustainable communities we mean sustainable in an environmental sense but also sustainable in terms of   having a requisite social and economic infrastructure to support that as well.

  Q108  Mr Chaytor: In terms of the current planning guidance and Building Regulations, what are the main weaknesses that have prevented local planning authorities from developing sustainable communities and building sustainable homes?

  Mr Searles: I think the main planning guidance PPS1 is a very common sense framework.

  Q109  Mr Chaytor: That is new, is it not? PPS1 is not in force at the moment, is it?

  Mr Searles: It is draft.

  Q110  Mr Chaytor: In terms of the existing raft of planning PPGs and Building Regulations, where are the main weaknesses there that have prevented local planning authorities from building sustainable homes and sustainable communities?

  Mr Bacon: We have had a development control led planning system for the last twenty years. We have not had a development plan led planning system. I suspect you know about the Egan review and all the emphasis on skills and getting the planning profession up to a standard where people want to enter it again and all that sort of thing. A lot of people have left forward planning and gone into housing or gone elsewhere because they did not feel it was worthwhile doing. So we have had a development control led planning system whereby basically everything is fought out through the appeal process or through hard graft over the development control table. We have not had this sort of vision, this sort of standard against which that development should be set. That has been a major weakness.

  Q111  Mr Chaytor: Has that led to a loss of expertise and a loss of status within the planning profession?

  Mr Bacon: Yes it has and a degradation of skills which I know the ODPM and the RTPI and others are trying to put right. Another thing is lack of real practical examples to go, see, touch and feel as to how it works and so on which, although you have these pilots, they are not being transformed to the mass production to go into the private sector. Also, I think there is lack of real bite in the regulations to enforce sustainability in Building Regulations, in water and energy, all that area generally, transport particularly.

  Q112  Mr Chaytor: Just pursuing the point about the track record within the existing framework, in your written evidence in reference to the materials and resources used in building, you say that the main way that local planning authorities can control this is through having effective conditions placed upon developers when permission is granted for a site. Why have they not been doing that? What has restricted or limited local planning authorities from placing effective conditions upon developers? In my seven years on a planning committee we always had the power to place conditions. Is it not just an issue of political view or is there something else?

  Mr Bacon: It is partly because you can only place conditions on a planning consent where the conditions are relevant, appropriate et cetera to the actual site.

  Q113  Mr Chaytor: Surely quality, resources, the design and materials and the volume of waste produced by the development are relevant conditions, are they not?

  Mr Bacon: There are two things there. Firstly, the skill of the planning officers to negotiate with the private sector a quality development. I have heard it argued that there are not the skills in local authorities to do that any more for various reasons.

  Q114  Mr Chaytor: Is this an issue about the expertise or the skill base within the profession?

  Mr Bacon: Yes. The second thing is the degree to which, within planning conditions, one can enforce some of the sustainable objectives through energy, waste, so on and so forth. You can only do it in relation to the development as it is being built and through the regulations. You cannot go beyond what might be termed as reasonable to that particular development. This gets back to my point earlier today about looking bigger than the site through the master planning process and looking at the infrastructure that you need to develop sustainability. You might have a local heating system that you want to establish burning waste. You cannot do that on a site-by-site basis; you have to do it through the master plan, you have to establish the cost of that, you have to say to the developer that it is £X thousand per house in order to pay for that. That is the way it works. If you solely do it through a site by site basis you will not see the bigger picture which is what sustainability is all about.

  Q115  Mr Chaytor: Coming back to PPS1, are you confident that PPS1 is going to remedy the defects and what is it particularly in PPS1 that could provide the evidence for this?

  Mr Searles: From my perspective, having been involved in discussions about the planning bill, planning reform for three or four years now, I think PPS1 came as confirmation of what we all understood so I do not think there was a very excited reaction from local government or many of our partner organisations about what PPS1 said. What it has done is place sustainable development at the heart of the new system which is a really good thing and good design is an important element in that system. I think the big opportunity from the new planning system which obviously PPS1 alludes to is the link between the land use plan and wider considerations. There is an opportunity in taking forward a community strategy or local strategic partnership or just wider activity with other partners who are active in the local area—businesses and other public services—to tie that up with the land use plan. There is an opportunity to have that kind of debate bringing in these kinds of considerations and wider issues that are outside the traditional scope of land use into a debate about how to achieve our objectives, not just where and what but how we are going to do it, when we are going to do it. Issues about things which perhaps would normally be considered with the system can be brought in to discussions about materials, resource use et cetera. It stands a better chance of being brought in. I think it is a positive agenda.

  Q116  Mr Chaytor: Will it be possible to refuse a planning application on the grounds that it is unsustainable? How will planners have to phrase their reasons for refusal? If we talk about Milton Keynes, for example, if there is a planning application for 5,000 houses in Milton Keynes and the judgment is that there is not the transport infrastructure to sustain 5,000 houses, will lack of sustainability be a valid reason for refusing permission?

  Mr Bacon: I do not think there is any problem for the planning system on refusing development on a physical side—lack of infrastructure, in terms of transport, social facilities and so on—if there is a political will to do so. I think, as I said earlier, it is on some of the other aspects—energy, waste—where really the conditions on planning are more difficult for planning authorities and that is why PPS1 as a guidance allowing us to look at other strategies and rely upon them as part of the overall planning justification is welcome.

  Q117  Mr Chaytor: In terms of PPS1 you are saying that it will provide the powers to refuse on the grounds of lack of sustainability in respect of the broader infrastructural reasons, but in terms of design of building or materials or emissions, it will not.

  Mr Bacon: At the moment it will not. There are test cases and one goes through them. That is why I think that if the Government set down a firmer framework it would be a lot easier for us to move that issue forward.

  Q118  Mr Chaytor: You have set yourself against the idea of a national strategy for housing in your written submission. The reasons you give do not seem to me to be terribly convincing. You actually go on to say that there is a real danger of construction resources being diverted from the north and the Midlands to the south east to cope with the overheating of construction activity there. Is that not the very best argument for having a national plan? I can see that every electrician in my constituency, once he learns he can earn £60,000 a year on Terminal 5 at Heathrow or £50,000 a year in Milton Keynes or Thames Gateway will get on a Virgin train at Manchester and it would be economically worthwhile for him to commute to Milton Keynes every week given the kind of work and wage rates that will be available for him there. Is this not the very best argument for a national strategy? Why are you so opposed to it?

  Mr Sparks: We are fundamentally opposed to it because we are fundamentally in favour of individual regions and localities and sub-regions or whatever working out what is best in the circumstances of that particular locality. Our fear is that a, quote, national plan could end up with a national plan that develops everything in the south east; it does not necessarily follow that Manchester will be best served by a national plan.

  Q119  Mr Chaytor: We have a national plan now which does focus development in the southeast but if the national plan had focused more on regeneration in the West Midlands, east Lancashire and west Yorkshire, would you not be happy with that kind of national plan?

  Mr Sparks: No, because we can plan it better than any bureaucrat in Whitehall. If we are planning them on a sub-regional basis in a regional framework with a properly funded programme it will end up being done and being done to a more sustainable level. It is as simple as that.

  Q120  Joan Walley: I suspect we are going to be beaten by the division bell. Could I just say that I wanted to ask about the Egan report and about the skills shortage not just in relation to planners and understanding sustainable development, not just in relation to contract management, but in terms of skills as well? Could you perhaps write to us if you have any particular further evidence about where you see genuine shortages of skills and ways in which the recommendations of the Egan report could help us deliver those skill shortages?

  Mr Sparks: With pleasure.

  Chairman: Thank you for your evidence today which has been most helpful.

(The Committee suspended from 4.30pm to 5.20pm for divisions in the House)





 
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