Planning Reforms to Support Housing Delivery and Flexible Uses on the High Street

I have received this update from the Government:

I am writing to let you know that the government has now implemented the planning measures announced by the Prime Minister in his speech on 30 June to drive our economic recovery and get Britain building again. These measures will support the recovery and revitalisation of our high streets as we recover from Covid-19, bring new planning freedoms to boost housing supply and support the gentle densification of our towns and cities.

Introduction of space standards for homes created through permitted development rights

I am pleased to confirm that I will be bringing forward secondary legislation in due course to introduce the requirement for all homes delivered through permitted development rights to meet the nationally described space standards.

The vast majority of homes built through permitted development rights are no different in terms of quality to those that come through planning applications and more than 60,000 homes have been delivered as a result of these policies. However, there are a very small number of developers who have abused these rights to build homes which are below standard and are not suitable for people to live in.

The actions of these developers must not be allowed to diminish confidence in these rights, which are crucial tools for regenerating brownfield land across the country, giving people greater flexibility to extend their homes and building the homes this country needs. We will put an end to this behaviour through a new requirement that all homes through permitted development rights meet space standards.

I have already introduced requirements that all homes built through permitted development rights have adequate light and introduced new prior approvals to ensure new homes don’t have significant adverse impacts on neighbours. The introduction of space standards will now mean permitted development rights can no longer be seen as a route to undercut housing standards. Our vision is of a simpler, faster, more certain planning system, but one that delivers highest quality homes.

Developers will still be able to bring forward innovative proposals which could include smaller homes below the space standard, such as pocket living. However, these will have to go through a full planning application and it will be for local authorities to check the proposals are appropriate for their setting.

Supporting the High Street and Changes of Use

High streets and town centres are undergoing the greatest period of change in the modern era. They must now provide a much wider range of facilities and services and adapt to accommodate new and emerging uses. We need to support this diversification to ensure these areas remain viable economic centres for our communities, both now and in the future.

To drive this diversification and support our town centres to recover from the pandemic, we have reformed the use classes order to create a new broad category of “Commercial, Business and Service”. This new Class encompasses a wide range of uses and will provide businesses with greater freedom to adapt to changing circumstances, without the uncertainty and expense of a planning application. To support greater innovation, it will also allow businesses to have mixed uses to reflect changing retail and business models. These changes will support the needs of local communities by enabling new services and businesses to start up in accessible locations, bringing customers and vitality to our town centres.

We are also introducing a new class “Community and Learning” to ensure our community facilities are protected. This new class – which includes isolated shops, schools and community halls – will protect important community assets by requiring a full planning application for any changes in their use. The residential use classes will remain the same, differentiating between homes, hotels, residential institutions and Homes in Multiple Occupation.

In undertaking this reform, we recognise that there are certain uses which give rise to important local considerations, for example, the importance of protecting local pubs, live music performance venues and theatres and preventing the proliferation of hot food takeaways and betting shops. It will remain the case that changes to and from these uses will still be subject to full consideration through the planning application process. The new Use Classes came into effect on 1st September 2020. Transitional arrangements are in place until 31st July 2021 to ensure a smooth transfer to the new framework which will set out new permitted development rights to support greater housing supply in our town centres.

Building Upwards

We need to support our building industry, create jobs for construction workers, and make the most of brownfield land to deliver more homes for our communities. On 24 June, we introduced a new permitted development right to allow the upward extension of free-standing blocks of flats to create new homes. To further support housing supply, we have also introduced a permitted development right to allow upwards extensions of buildings, to provide new homes and enable homeowners to extend their homes as their families grow. These rights apply to building constructed between 1948 and 2018. This new right came into effect on 31 August 2020 and means that owners of commercial and residential buildings will now be allowed to construct up to 2 additional storeys to make the best use of our low-density locations. This right will able homeowners to extend their homes while protecting garden space and avoiding the disruption of basement extensions.

The new right grants planning permission, providing greater certainty to developers and homeowners and subject to the existing fast track approval process known as “prior approval”, where a local planning authority must consider specified matters first and they must notify owners and occupiers of the building being extended and adjoining premises can comment, and then the local council will consider representations made on those specified matters for prior approval.

As part of this, there will be a requirement for local planning authorities to assess the impact on neighbours in respect of overlooking, privacy and the loss of light. They can also consider the appearance of the proposed upwards extension. Developer must also secure approval regarding the adequate provision of natural light in habitable rooms and prepare a report on construction management to show how noise, dust and other disruption will be managed. The development will be subject to building regulations and fire safety rules, and additional development may bring older parts of the building into new building standards.

We recognise that development in certain locations requires individual consideration and therefore the right does not apply, for example, in national parks and conservation areas or to listed buildings.

Regeneration of Vacant and Redundant Buildings

It is vital that we make the most of our brownfield land and underused buildings to enable our towns to grow in a sustainable way, provide the housing people need and support economic the economic recovery from Covid-19. We have therefore introduced an ambitious new permitted development right to encourage regeneration and bring empty buildings back to good use.

The right will allow redundant commercial and residential buildings to be demolished and rebuilt for residential purposes within the footprint of the existing building. This will serve to bring forward additional much needed homes and boost investment opportunities for the construction industry. This new right came into effect on 31 August 2020 and will apply to buildings built before 1990, where the building has been vacant for a period of at least 6 months.

To mitigate any adverse local impacts, we will require developers to submit their designs and landscaping plans to the local authority for approval. All new homes must have adequate natural light and the impacts on the surrounding area must also be considered. In addition, the local authority is required to consider highways matters, risk of flooding, and the impact on neighbouring buildings in respect of privacy and light. The local authority can also consider methods of demolition including any heritage issues such as the need for an archaeological assessment in sites of historical interest. The authority can approve the plans, reject them on the grounds above or could ask for further information. The development will be subject to building regulations, including in respect of fire safety.

Again, as development in certain locations requires individual consideration the right does not apply, for example, in national parks and conservation areas or to listed buildings.

I have attached fact sheets which set out the key details of these reforms, which are also published on GOV.UK. The government has also updated the Planning Practice Guidance used by local authorities, homeowners and developer to include helpful questions and answers on specific topics related to these new rights. This is also available on GOV.UK under the heading “When is planning permission required?”. I am determined that we do everything we can to build more homes, support town and city centres, and protect jobs. These measures will do all three. I

hope you will welcome them and ensure your constituents are aware of them.

RT HON ROBERT JENRICK MP

My speech yesterday on the United Kingdom Internal Market Bill

Sir John Redwood (Wokingham) (Con): I support the Government’s amendments to the legislation for the reasons outlined admirably by the Minister—it did need a little strengthening and this is a welcome clarification—but I rise mainly to oppose new clause 1.

I am disappointed with the official Opposition, because I was delighted after the clear decision of the people in the last general election that the Opposition said that they now fully accepted the result of the referendum, although it took place years ago—the previous Parliament blocked its timely implementation. We had a rerun in the general election and the Opposition fully accepted the verdict of that general election, yet here we are again today, with new clause 1 deliberately trying to undermine the British Government’s sensible negotiating position in the European Union.

Whenever there is a disagreement in interpretation of that original withdrawal agreement between the United Kingdom and the European Union, the Opposition and most of the other opposition parties rush to accept the EU’s—very political—interpretation of the situation and rush to say that anything the UK Government wish to assert in this Parliament, or in a court of law if it came to that, is clearly illegal.

It is preposterous that we have so many MPs who so dislike the people of this country that they are still trying to thwart the very clear wish to have a Brexit that makes sense.

Karin Smyth (Bristol South) (Lab): Will the right hon. Gentleman give way?

Sir John Redwood: I must not take up too much time. I wish to develop my argument quickly.

We have to recognise what we are dealing with here. The EU withdrawal agreement was pretty unsatisfactory and one-sided because the previous Parliament stopped the Government putting a strong British case and getting the support of this Parliament in the way the British people wanted. The Prime Minister wisely went to Europe and did his best to amend the withdrawal agreement but it was quite clear from the agreed text that a lot was outstanding and rested to be resolved in the negotiations to be designed around the future relationship, because we used to say that nothing is agreed until everything is agreed and that the withdrawal terms had to run alongside the future relationship.

The EU won that one thanks to the dreadful last Parliament undermining our position all the time. This Prime Minister is trying to remedy that and the only ​reason I was able to vote for the European Union (Withdrawal) Act 2018—much of it was an agreement that I knew had lots of problems with it—was that we put in clause 38, a clear assertion of British sovereignty against the possibility that the EU did not mean what it said in its promises to my right hon. Friend the Prime Minister and did not offer that free trade agreement, which was going to be at the core of the new relationship. We therefore needed that protection, so I am pleased that the Government put it in.

That made me able to vote for the measure to progress it to the next stage, but I was always clear that the EU then needed to get rid of all its posturing and accept what it had said and signed up to—that the core of our new relationship was going to be a free trade agreement. We were going to be a third country, we were not going to be under its laws and we were not going to be in its single market and customs union, but it has systematically blocked that free trade agreement. The UK has tabled a perfectly good one based on the agreements the EU has offered to other countries that it did not have such a close relationship with, but it has not been prepared to accept it. Well, why does it not table its own? Why does it not show us what it meant when it signed up to having a free trade agreement at the core of our relationship? If it will not, we will leave without a deal and that will be a perfectly good result for the British people, as I said before the referendum and have always said subsequently.

Of course, it would be better if we could resolve those matters through that free trade agreement. As colleagues will know, many of the problems with the Northern Ireland protocol fall away if we have that free trade agreement, and we are only in this position because the EU is blocking it.

Why is the EU blocking the agreement? It says that it wants to grab our fish. I have news for it: they are not on offer. They are going to be returned to the British people, I trust. I am always being told by Ministers that they are strong on that. The EU wishes to control our law making and decide what state aid is in the United Kingdom. No, it will not. We voted to decide that within the framework of the World Trade Organisation and the international rules that govern state aid—rules, incidentally, that the EU regularly breaks. It has often been found guilty of breaking international state aid rules and has been fined quite substantially as a result.

I support the Government’s amendments, and I support this piece of legislation. We need every bit of pressure we can to try to get the free trade agreement and the third-country relationship with the EU that we were promised by it and by the Government in the general election. We can then take the massive opportunities of Brexit. It is crucial that new clause 1 is not agreed to, because it would send a clear message to the European Union that this Parliament still wants to give in.

No deal is better than being a colony of the EU

Yesterday I made the case again for no more U.K. concessions to the EU in the debate on the Internal Market Bill. I will post the speech later this morning.

The Withdrawal Agreement was based around the promise of a future relationship which had its core a Free trade agreement where the EU would respect the UK’s sovereignty. There is no good faith by the EU over this. It’s time to leave and to be independent.

My speech during the debate on Covid-19, 28 September 2020

Sir John Redwood (Wokingham) (Con): The Government rightly want to get the virus down and limit deaths, but they also need to promote livelihoods and economic recovery, and it is proving difficult to get that balance right. I do not accept the criticisms that say, “Well, the Government change their mind.” Of course the Government change their mind, because the virus waxes and wanes and the situation changes on the ground. They have to study the data and do the best they can.

What I would like to hear from Ministers is more in various directions where I think they could improve the position more quickly. The first is the issue of treatments. There has been some excellent work done in the United Kingdom, and it is great that a steroid has now been discovered that can make a decent improvement for various patients. That is great news and I welcome it, but what about the tests and trials we were promised when I raised this, many months ago now, of other antivirals, other steroids, antimalarials and clot-busting drugs? All those may have possible efficacy and they have their scientific and medical support around the world. We have great science here, so can we hear the results, please, Minister? Where have we got to? Are any of those going to work? The more and better treatments we can get and the more we can understand the different strands and features of this disease in different patients, the better it will be for keeping people safe.

We have learned that the Government now agree with me and others that they need to do a better job on isolation hospitals and on segregating patients who have this very contagious disease from all the other people who need to use our health service. I am pleased about that, but can we have some more details? Why cannot we simply use the Nightingale hospitals for covid-19—let us hope we do not need anything like that number of beds for this second wave—and keep all the other hospitals for non-covid? Or, if they are going to have shared facilities, certainly in urban areas where there is more than one hospital, can we have covid-19 hospitals and other hospitals that are open for other conditions? We do not want to see all the death rates for other things shooting up because people feel they cannot get access to their hospital or they are worried about going to their hospital because of covid-19.​

We then have the issue of the damage this is doing to the economy. I understand the strategy, but it seems that the damage is going to fall unduly heavily on hospitality, leisure, travel and tourism, the areas where we need more social contact and where that is thought to encourage the transmission of the disease. As someone who does not normally recommend subsidies, I do think that when people are banned from going to work, running their business or doing their job, they deserve some public support. They are doing that in the public interest, because their Government have told them that their activity is particularly damaging to the public good. If that is true, surely we the taxpayers have to pay for that.

I assume that the Government think we will come out of this sometime, and we want to go back to a world where there are theatres, cinemas, entertainments, good restaurants and all the other things that make life worth while and give pleasure to families. We do not want to live in a world where they are gradually all closed because there is no support and they are not allowed to function at all. We need more intelligence to work alongside those sectors, to see how they can get ways of working and living alongside this virus all the time it is out there and causing us trouble.

There have already been hon. Members today requesting exit strategies, and I quite understand why it is very difficult for the Government to give us one, because they are all sorts of unknowns that I do not know any more than they or their advisers do. We understand that their preferred exit strategy is the discovery of a vaccine and the roll-out of massive quantities of that vaccine for sometime early next year, so that we can then come out of lockdown.

That would be great, but we cannot bank on that. There are ifs and buts in that and it may not happen, so there needs to be a strategy for a situation where we do not have a magic vaccine. That is why we need more work on safeguarding people who are most at risk and more work on how we can get other people back to work, to save those livelihoods and those businesses and to wean them gradually off subsidy, which they are going to need all the time they are banned from doing their job and keeping things ready for us when times improve.

Above all, the nation needs some hope. It needs a vision of a better future. It needs to believe that, in a few months’ time, something good will happen. It certainly does not need the threat of cancellation of Christmas or the threat that thousands of students will be locked away in rather small accommodation in their universities because there is a fear that they might spread the virus more widely.

Coronavirus powers and the Brady amendment

Tomorrow I will vote for the Brady amendment which requires the government to provide time for a debate and a vote on further extensions and changes to Coronavirus powers.

I expect the Speaker to allow this debate and vote, though the government does not think it should happen. I trust the government will meet Sir Graham Brady and agree to accept the terms of the proposal, to avoid the defeat which is otherwise likely on this matter.

I will also post today my speech yesterday in the CV 19 debate.

Commons bars observe the curfew

I received the following official communication today, contrary to some contributors here.

Sale of alcohol on the parliamentary estate

Alcohol will not be sold after 10pm anywhere on the parliamentary estate. In line with the Government’s industry guidance, catering facilities will remain open later (but no selling of alcohol) when the House is sitting, to serve food for those still working and to support social distancing.

This decision was taken by the Speaker last Thursday. Today [28 September] is the first day since that the House is expected to sit beyond 10pm.”

No to negative interest rates

I welcomed the arrival of the new Governor this Spring. He immediately responded rapidly and decisively to the pandemic induced collapse of demand and activity with a strong programme designed to generate fast money growth as an offset to the large contractionary forces brought on by lock down. Like the Fed but on a smaller relative and absolute scale, the Bank created money and bought up government bonds, lowering the interest rates in the process.

Money growth accelerated rapidly, hitting 13% on the wider M4 measure. This was a welcome contrast with the previous Governor’s era when for the later years the Bank was busy slowing money growth well below a safe speed, which was duly reflected in and contributed to lower overall GDP growth. In the last couple of months it appears that the Bank has throttled back its money programme, which will become a problem as we face more regional and local lockdowns.

Maybe the Bank was unduly impressed by Chief Economist Mr Haldane’s confident and positive forecast of a sharp V shaped recovery. My readers will know I never thought that likely. It must now be clear to Mr Haldane that this is not going to happen. All the time large sectors like hospitality, leisure, shop retail, travel , property and others are impaired and damaged by the Covid measures, there can be no early return to total output and incomes at February levels. The fear must be that recent news of the virus will depress confidence again and lead to substantial job losses as exposed businesses recognise there is no early return to full capacity working for them.

I read that the Bank is reconsidering using negative interest rates. The Governor wisely expressed scepticism about such a course in his earlier interviews. There is no evidence to suppose that the official rate of interest at 0.1% is too high or causing a problem. Taking it mildly negative will not provide a significant boost, nor will it allow businesses scarred by the pandemic measures to borrow more cheaply, as commercial banks will want a big margin to take care of loan losses from future bankruptcies and capital write offs. Countries that have gone negative have not shown any striking gains to output as a result. Despite its large issue programme the UK government can currently borrow very cheaply. That can continue and will be assisted by the Bank’s bond buying programme.

The Bank has the tools it needs to support the economy in these worrying times. The main issue for the MPC to settle is the pace and scale of money creation and bond buying. Having started so well as the crisis struck, they need to look to that again now we have another knock to many businesses and sectors from the further measures being taken on health grounds.

Mind the gap

One of the dangers of a political world that expects absolute loyalty to fixed views of the world and roundly condemns dissenting or sceptical voices is it creates a bigger and bigger gap between what people say they believe and what they imply they believe by what they actually do. This can be particularly true of the many politicians and senior officials who lecture us on climate change and the virus.

Today we see this in the long term issue of green transformation, and in the shorter term issue of how we should respond to the virus. Polls show a high degree of agreement with the Green movement propositions that climate change is real and a serious threat to our lives and livelihoods. There is also agreement with governments pursuing policies to lower carbon dioxide output. People do not want to be seen to disagree with the establishment consensus.

This makes it curious that most people are not rushing out to buy an electric car or to trade in their diesel for a bicycle. There are no queues to replace the gas or oil boiler in the home with an electric system based on renewable power or heat pumps. Those who do take up cycling – and many do – are usually doing so as a leisure or keep fit activity, not as a way of getting children to school, going to work or picking up food from the shops. Prior to the virus many MPs and others were happy both to tell pollsters something more needed to be done about climate change, whilst continuing to book their foreign holiday jet flights, renew their internal combustion engine vehicle, continue with a meat and dairy based diet and buy products that had been shipped half way round the world to get to them.

I remember the ultimate irony when I went to a pre CV 19 meeting in London to hear the case for more electric cars. I asked the leading advocate about his own car buying habits. Without any sense of shame he told me he had not got around to buying an electric vehicle and had no plans to.

All this suggests that people do not think the threat of climate change is so great that they need to make much if any change in their own behaviours.

The polls on CV 19 show that 71% of the UK public are concerned or very concerned about CV 19 for themselves, and 87% are similarly concerned about CV 19’s impact on the country as a whole. There has been majority support for lock downs, quarantines and early closing of hospitality venues.

Yet the recently released Kings College London study of public responses to the measures from March to August shows that only 18% of those suspecting they have the virus did actually self isolate, and only 11% of those contacted by Test and Trace to alert them to recent exposure to the virus stayed at home as requested. The study concludes that many people just find the need to stay at home with no ability to go to work, go to the shops or see friends and relatives too difficult. It may not be affordable, it may prevent looking after the people they care for, or it may be too stressful. Clearly whilst acknowledging CV 19 is a threat they do not think their own chances of getting the serious form of the disease are high enough to require them to comply with the isolation guidance.

Tackling the virus

Many want there to be an easy answer to quelling the virus. The medics and scientists search for a vaccine but have to warn it could take a long time or even prove a fruitless quest. Some seek better treatments to lessen the death rate from severe cases of the disease. These are the only two solutions to defeating the pandemic.

Others hold to the view that there is some special way that will eliminate the virus as it circulates in any particular country. Many countries are suffering intense debates about whether their governments have done well or badly in controlling the virus whilst limiting the damage virus control methods do to economies and jobs. The bitter truth is looking around the world most governments have adopted central World Health Organisation tenets that increasing amounts of social and economic activity have to be closed down to squeeze down the prevalence of the virus. Only then can gradual relaxations test out how far they can go in restoring a bit more normal life before virus disaster strikes again. Practically all governments that have adopted versions of this approach have ended up with a second wave and the need to renew the abrasive medicine of full or partial lock down.

In the early days of the crisis the cry went out that a massive expansion of ventilators would see us through. This was tried, only to discover the death rate remained high.

A more sustained case has been made out that Test, track and trace will do the job. The theory is if you test enough people, especially those who might be carrying it or have symptoms, and then isolate enough of such people and their contacts quickly enough, you will cut the circulation of the virus. We now see quite a few countries with large test and trace systems have second waves to deal with.

There are five central weaknesses to test and trace. The first is the delay in getting a test whilst people are asymptomatic or unaware that they have the disease. The second is the number of false results from tests which disrupts the data. The third is the refusal of some people to self isolate for a fortnight to make sure the virus has passed them, as people have demands on their lives which makes fourteen days locked in at home difficult. The fourth is the unwillingness of many to self isolate just because they are told they have been in contact with someone with the disease. The fifth is the impossibility of knowing many of the people encountered by a busy person who has travelled or been to populous places.

The organisation of accountable government at national level for good reasons also means that if any country does have success in curtailing the virus it then needs to shut itself off from foreign visitors whilst the virus rages. This can also be difficult given the strong patterns of global business ,travel and trade. Given the lack of success so far by the World Health Organisation in producing ways to remove or tackle the virus there is no evidence world government would have cracked it to justify the lack of democratic accountability that would bring. The WHO of course does not have to balance curbing the virus with economic consequences in the way governments need to do.

Jobs scheme needs improvement

The latest proposals do not help businesses stopped from trading by law. Many of these businesses have a future once they are allowed to trade again. They have no income whilst they are shut. Surely the government should offer them some compensation.

The part time working help needs to be pitched so that it discourages simply making people redundant. If it is much cheaper to sack two people and leave one fully employed than employing three part timers on one third hours then some firms will do that which is bad news for jobs and speed of subsequent recovery.