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Lord Lucas: My Lords, I am delighted to support the spirit of this amendment. Clearly, the provision should not be on the face of the Bill as there are far too
many complications to deal with in a simple amendment in primary legislation but it gives us a great opportunity to talk about it.The opportunity to make our built environment, and our environment generally, open to people with disabilities, to people of all ages and all facilities, depends on us doing it when we are doing new build. It is as we renew something in a major way that we have the chance to make this happen. It is a project for 100 years. It is certainly a project for 50 years. We must take a very long-term view on it in order to make it happen. Making changes to existing structures in a piecemeal way is very expensive so we have to be absolutely sure that when we do significant new build or significant refurbishment these matters are taken into account. To my mind, that means that they have to be at the heart of the planning system. It has to be something that, beyond a certain level of significance in a development, people cannot avoid taking into account and which they are encouraged to take into account for even quite small developments. I hope that we shall be able to get something very constructive. We have got so many very constructive things out of the Minister that I feel embarrassed about asking for another one. I would be delighted if we were able to move in that direction and produce something in secondary legislation that met all the wishes of the noble Baroness, Lady Wilkins.
Lord Marlesford: My Lords, wherever possible we all support the view that buildings should be friendly to people who are disabled but I underline "wherever possible". It is a matter of horses for courses. If one were to read what is proposed by the noble Baroness literally it could mean that any building of more than one storey had to have an elevator in it so that people who are unable to use stairs could use it. It is clearly impractical.
On this general point, and on the role of government in legislating on this subject, it often strikes me as appalling that unrealistic obligations are pushed on to small schemes and small people—restaurants, for example—and that huge schemes or public schemes sail ahead with absolutely no concern for disabled people. The best and most obvious example to all of us is that of the London Underground system. It is staggering. Virtually no resources are used to improve access for the disabled. That is a much higher priority than this although, having said that, there will of course be housing for special needs of every sort, which is to be required and welcomed.
Lord Rooker: My Lords, I agree with the point made by the noble Lord, Lord Marlesford. I refer to a mass transit system for moving hundreds of thousands of people. Have I upset the noble Baroness? I will finish on that point; I was just saying that I agree with the noble Lord's final point that the London Underground is a good example of a mass transit system that does not—
Baroness Hamwee: My Lords, the Minister tempts me too much. We inherited the London Underground,
but it was the Government's PPP project that has left us with an inadequate scheme for improving it. I am sorry that I could not resist that when we are talking about where responsibility lies.
Lord Rooker: My Lords, that was all I was going to say anyway.
I fully accept the reasons why my noble friend could not be here previously but the one great advantage of the way the Bill is progressing is that I now come with more weapons in the armoury than I had before; a flurry of documents has been published. I emphasise that planning policy statement 1, published last week, is a consultation draft. It is not the last word. I draw attention to the middle sentence of paragraph no. 1.19, which states:
- "Planning policies should address accessibility for all to jobs, health, housing, education, shops, leisure and community facilities".
A point was made about planning authorities, planning inspectors and others involved in the system. They sometimes make assumptions that the issue of access for disabled people is a matter for building regulations and not for planning. I agree. That is why we need to make it clear that we put such a high emphasis on design in Planning Policy Statement 1.
Good design must take account of all the needs of members of society, including people with disabilities. That is made clear in paragraph 1.29. As I said in a previous debate, I will be coming back at Third Reading with a bagful of goodies that will include the point relating to design that I made in response to noble Lords from all four parts of the House. That matter is actively being dealt with as we speak. We will be coming back on that. I cannot say in what form that will be, but I am sure it will be a form acceptable to the House.
I wish to make it clear that this is a consultation draft. Officials have welcomed discussions with the Disability Rights Commission and others on early drafts of Planning Policy Statement 1. Now that it is out in the open, there will be other comments and we are more than ready to listen. We need to look at it and ensure that we have made it clear for the policy makers outside. When we say that it is in the guidance and the planning policy statement, that will not be just a throwaway line. We must make sure we have made it absolutely clear.
The noble Baroness, Lady Wilkins, also mentioned the Lifetimes Homes standard being a requirement. I hate having to say things like this but it is in my briefing that an announcement will be made shortly about how the Government intend to take this forward. That is a wholly positive statement. We are on the case, and can come back to it at Third Reading.
I hope that "shortly" means between now and Third Reading, otherwise I shall need to have a better explanation then than I do now.I am not claiming in any way that the statement we published in Planning Policy Statement 1 has overtaken events—my noble friend could not be here in Committee or during the other debates. It is a consultation draft. The Government have put it on the table. We are more than prepared to listen and change the draft, if consultation brings that about. Some parts can be strengthened or extended to make sure that we get clarity and good information and guidance to those who will make the decisions in local planning authorities.
I hope that that is sufficiently positive. It is intended to be positive. I hope that my noble friend will withdraw the amendment.
Baroness Wilkins: My Lords, I thank all noble Lords who spoke in support of the amendment. I hope that I am not disappointed by my noble friend's reply, and that his bag of goodies will include something that will be helpful to disabled people.
The current built environment and the state of accessibility to housing for disabled people leaves so much to be desired, and there is so much to be done, that the planning policy guidance needs to be greatly strengthened in order for it to be crystal clear to developers that this is an issue that they have to address. They cannot ignore it. I look forward to more hope later, but for the moment I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
6.15 pm
Lord Best moved Amendment No. 118:
- After Clause 39, insert the following new clause—
The noble Lord said: My Lords, the addition of this clause is supported by the Town and Country Planning Association and the Royal Town Planning Institute. It would require there to be an officer in local planning authorities with senior management responsibility for sustainable development and planning matters. Please note that the word "and" is needed in the title of this new clause.
The clause is intended to boost the status of planners in local government. Planning has become of ever-greater importance in determining the character, prosperity and quality of life in every area. The Bill ushers in further responsibilities by introducing a new
As we know, the granting or refusing of planning permission on behalf of the council can create or remove millions of pounds of land value at the stroke of a pen. Advising councillors and communities on these sensitive matters would seem to justify the employment by the local planning authority of a statutorily recognised officer. This should not be confused with a statutorily protected post, which gives the officers some extra protection against dismissal from their position.
Statutory recognition is of a lesser order, but none the less signifies a status currently accorded to directors of social services, chief education officers, council solicitors and the chief officers responsible for finance. The Government have announced their intention to legislate for a statutory director of chidren's services.
Undoubtedly, it would help senior officers concerned with planning to hold their own with these colleagues if their position carried a similar status. As we all know, there is constant haggling over priorities and resources between the various chief officers and heads of departments. Planning deserves to be represented by an individual at a similar level to these other senior staff.
Not long ago, I led a DTI foresight group's visit to the Netherlands to look at their planning system. Planners there have not suffered the loss of reputation which has afflicted the planning profession in the UK—no doubt as a result of major mistakes back in the 1960s. In the Netherlands, to say that you work for the planning department is a proud boast; seldom is that the case here.
Properly, the Government seek to up the game of planners with a £350 million injection of resources for—in the words of the Minister—the "culture change agenda". The Deputy Prime Minister has asked Sir John Egan to review ways in which recruitment, retention, training and professionalism of planners can be enhanced. His report will be published soon. To boost these efforts, the proposed new clause would be more than helpful to government in attracting high quality people into planning and keeping them there. It sends out a signal and it costs nothing.
The wording of the clause is not controversial. It follows the wording of Section 532 of the Education Act 1996, which covers similar ground. Giving such public recognition, esteem and authority to senior planners can do nothing but good in helping the delivery of the Bill's objectives. I beg to move.
"DIRECTOR OF SUSTAINABLE DEVELOPMENT PLANNING
(1) A local planning authority's duties under the Local Government Act 1972 (c. 70) with respect to the appointment of officers shall (without prejudice to the generality of the provisions of that Act) include the duty of appointing a fit person to be the director of sustainable development and planning of the authority.
(2) The officer appointed under subsection (1) shall have overall senior management responsibility for the functions set out in section 39."
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