Lord Best:

Moved by Lord Best

89: Clause 52, page 73, line 11, at end insert—“(4A) A spatial development strategy must meet the needs of older and disabled people, through a requirement for new homes to meet the Building Regulations Part M4(2) accessible and adaptable standard or the Part M4(3) wheelchair user dwelling standard, as set out in Schedule 1 to the Building Regulations 2010 (S.I. 2010/2214).”Member's explanatory statementThe Amendment introduces a requirement for all new homes to comply with the Part M4(2) accessible and adaptable standard, as defined in the Building Regulations 2010, or the higher M4(3) wheelchair user dwelling standard. The amendment aims to ensure that all new housing is inclusive, age-friendly, and suitable for people with varying mobility needs.

My Lords, I rise to move Amendment 89 and to speak to Amendment 97, which both cover the content of the new spatial development strategies introduced by this Bill.

I was very grateful to the noble Baroness, Lady Pinnock, who moved these amendments in my absence after 2 am during the Committee stage of the Bill. At that time of the night, I do not think full justice could be done to the two amendments which I brought back in this group, again with the support from the noble Baronesses, Lady Thornhill and Lady Bennett of Manor Castle, and the noble Lords, Lord Carlile of Berriew and Lord Young of Cookham.

Amendment 89 would lead to spatial development strategies requiring all new homes to meet Part M4(2) or M4(3) of the building regulations. These building regulations cover accessibility for all new homes—for example, wider doorways and better planned bathrooms—with some of the homes provided at the highest standard necessary for wheelchair users. The campaign for improved accessibility has been led by Habinteg and by the Centre for Ageing Better, supported by the HoME coalition—Housing Made for Everyone. They have championed the need for the 1.5 million new homes planned for this Parliament to be accessible and adaptable, both to meet the very real current needs of 11.6 million people with disabilities of all ages and to create more satisfactory homes—lifetime homes—for all occupiers.

The good news is that the battle for adoption of these building regulations standards was won three years ago when the then Government committed to mandating M4(2) for all new homes, but the bad news is that this commitment has not yet been delivered. There was talk of further technical consultation, but this seems unnecessary now that several authorities have voluntarily adopted M4(2) without encountering problems. If Ministers worry that the higher standard could impede the achievement of the Government’s housing target, it is worth noting that the campaign for all new homes to meet M4(2) and M4(3) simply means more careful design rather than any noticeable increase in cost. This has been demonstrated over many years in London, where the higher standards were introduced a decade ago, but every month that passes, more new homes are built elsewhere that fail to meet accessibility standards, and many of them will require expensive retrofitting later.

In February last year, the Minister asked the then Minister what the likely cost to the public purse would be from the necessity for future adaptations of homes because these improved standards were not built in. She drew attention to increased care costs that will result from

“a lack of the decent, accessible homes that, she said, the then Government knew to be needed.

I feel sure the leadership on both the Government and the Opposition Benches will not have changed their minds; no U-turns have been announced. Rather, all concerned have been waiting for the right moment to mandate the long-awaited M4(2) and M4(3). This amendment takes advantage of the opportunity to achieve this by including these standards in all the new spatial development strategies.

The housebuilding industry is already well prepared for this improved accessibility standard, having expected it for some time. Housebuilders have their revised house plans ready to go. From the Dispatch Box, the noble Lord, Lord Wilson of Sedgefield, told the Bill Committee that

“we will soon outline our approach to accessible new-build housing

I note the word “soon”.

Successive Governments have pledged to change the building regulations and make M4(2) standard, but we have waited in vain so far. The prize remains: if new homes met this standard, there would be payback in reducing numbers of people who cannot be discharged from hospital, in helping those using wheelchairs to have a place of their own, and in making it easier for many older people with mobility problems to get around in their own homes. Can we now take the opportunity before us to make hundreds of thousands of new homes properly accessible at last?

I turn to Amendment 97, with the same cross-party support as for Amendment 89. This amendment would place a requirement on a strategic planning authority when it prepared its spatial development strategy to have regard to the housing needs of our ageing population. This amendment was also moved by the noble Baroness, Lady Pinnock, in Committee, and I am most grateful to her.

The ministerial response in Committee suggested that national guidance should enable spatial development strategies to incorporate this element, but the reality is that for many years, despite general guidance from government, the housing needs of our ageing population have frequently been ignored in planning policies. Precious few local authorities have undertaken full assessments of the housing needs of older people, followed by provision in their local plans, where these plans exist.

I fear this blindness to the importance of planning for older people’s needs may now be replicated at the level of the strategic planning authority. Conversely, since local plans will have to be in conformity with the new spatial development strategies, if the strategies require recognition of the housing needs of older people, this will translate into local plans too.

With no change, supply of accommodation specifically for older people will struggle to reach even the 7,000 to 8,000 new homes per annum of recent years, despite the governmental older people’s housing taskforce estimating that over 30,000 new homes per annum are needed. The APPG on Housing and Care for Older People—I declare my interest as co-chair of that APPG—has recommended that local planning authorities should plan for 10% of new homes supply to be specifically for older people. This amendment would encourage this approach when spatial development strategies were being prepared.

Building homes for older age groups may look like a distraction from meeting the acute needs of young families, but by providing for the older generation, they can right-size to somewhere better for their own health and well-being and release a much-needed home for the next generation. In the social sector, with its ageing tenant population, the building of fully accessible, affordable developments for older people is very likely to mean that precious social rented council and housing association homes immediately become available. This housing for families directly addresses problems of homelessness, saving both families and councils the outrageous costs of temporary accommodation and rescuing families living in grossly overcrowded conditions. Meanwhile, in the owner-occupied sector, one elderly home owner moving to a new retirement apartment can stimulate a chain effect that provides a more suitable home for a long line of movers, leading to a first-time buyer starting on the home ownership ladder. Housing for older people has a multiplier effect that hugely increases its value.

Moreover, the Government have a target of building 1.5 million homes this Parliament; if planners demanded a stream of housing specifically for older people, the buildout of major new developments would be accelerated by enabling parallel construction on the site for the two separate markets. Adding the building of new homes for older people in simultaneous construction means the Government will hit their ambitious housebuilding target sooner.

I am optimistic that there is understanding within government of the need to assess and cater for our ageing population. Hopefully, the forthcoming national housing strategy has something positive to say on this issue. The Housing Minister, Matthew Pennycook, recently replied encouragingly to a Question on this matter. I hope that the Minister can provide some reassuring news on the guidance that is due on this very important theme. I beg to move Amendment 89.

My Lords, I shall speak to Amendment 91 in my name, which would insert a new subsection in Clause 52, “Spatial development strategies”, which amends the Planning and Compulsory Purchase Act 2004.

According to the House of Commons Library paper on the Levelling-up and Regeneration Act 2023, LURB was meant to introduce

“a statutory requirement for LPAs to prepare design codes, in which they set out design requirements for developments in their area”, but this has not been commenced. At the moment, there is no requirement for a spatial development strategy that specifies an amount or distribution of housing or affordable housing to include a design code for the specified housing development. This seemed an opportune moment to kick-start this part of the Levelling-up and Regeneration Act 2023 into process.

In Committee, I shared Churchill’s quote:

“We shape our buildings and afterwards our buildings shape us”.—[Official Report, Commons, 28/10/1943; col. 403.]

Design is so important. Buildings can be beautiful or ugly; they can enhance communities or destroy them. We need quality homes that are sustainable and that, in 200 or 300 years, people will still think are beautiful. Thus, upholding architectural standards and considering aesthetic standards is essential. Our environment has a dramatic impact on our lives, affecting our outlook, our well-being and, most importantly, our mental and general health.

This amendment seeks to rectify these issues by including a design vision into the spatial development strategy. It is vital for high-quality design to be prioritised in the strategic planning process to ensure that new developments meet the practical and visual needs of residents and enhance communities. The noble Lord, Lord Carlile, stated in Committee that,

“National planning policy already makes it clear that poor-quality design should not be allowed. Yet the general quality and design standard of much volume housebuilding in this country continues to be poor”.—[Official Report, 9/9/25; col. 1328.]

While there was lots of discussion about the variety of initiatives and more reviews to come, the Government failed to give an adequate response in Committee on why this section of the LURB has not yet been commenced.

My noble friend Lady Scott, when referencing the LURB in a debate on housing for young people in this House last March, stated:

“The duty introduced through the Levelling-up and Regeneration Act for all local councils to produce a design code at the spatial scale of their authority area will give design codes significant weight when planning applications are determined, and the establishment of the Office for Place will support the creation of healthy, beautiful places. This Government will not compromise on quality and beauty”.—[Official Report, 14/3/24; col. 2237.]

Will this Labour Government also please commit to not compromising on quality and beauty and accept this amendment? It is not good enough just to build more houses; they need to be designed well, practical and sustainable.

My Lords, I shall speak to my Amendment 112. I start by thanking my noble friend Lady Pinnock for pitching in on the amendments tabled by the noble Lord, Lord Best, in the wee small hours as I attempted to get my last train. I was very pleased to support both of the noble Lord’s amendments. I know from experience that housing for older people is still the Cinderella of the sector. I also publicly thank the noble Lord, Lord Best, for his persistence on the issue to improve homes as we age. Never before has the need for building standard M4(2) been more necessary. It is very short-sighted of successive Governments not to grasp this nettle, because retrofitting, as has been said, is difficult and expensive. I would therefore quote the chant “Why are we waiting?”, and I look forward to the Minister’s reply.

Amendment 91, from the noble Baroness, Lady Hodgson, recognises the need for design in spatial development strategies, so I hope that she will support my amendment in the next group.

On Amendment 112, which I also submitted in Committee, I am very pleased to say that we have had some productive meetings with the Minister, who has been generous, as ever, with her time. I truly believe that she understands the key issues, and I hope that she will be able to give us some assurance that the requirements within this amendment can be taken forward somehow. I look forward to her response.

Amendment 112 is a fairly simple amendment, brought to us from Centrepoint, the amazing charity for young homeless people. It is basically saying that, where a particular housing type is being set up for homeless youngsters, it should be permissible to deviate from the nationally described space standards so that the finances stack up and the total model works. Put simply, this new model, which is being called stepping-stone accommodation, provides for smaller accommodation than what would be prescribed, but it is very much more than okay for youngsters leaving care, those who have been sofa surfing or those who are trying to get off the streets. It is their own home, with their own front door. I waxed lyrical about the quality of this accommodation from my visit, and I will not repeat myself. However, it is important to say that it was designed with young people and that they love living there.

The Minister said, in her response to me, that councils, in their plans, can already do this; it is permissible. She is right, and while it is acknowledged that nationally described space standards are not in themselves mandatory, the practical reality has proved to be rather different. Local planning authorities, as a matter of course, look to these standards as the primary point of reference when formulating policy. Consequently, where discretion is left to local interpretation, planning determinations become protracted, frequently extending over a number of years. In Committee, I described cases that involved anything between two and four years of additional time and costs for these charities, which can ill afford to have to pay that extra money.

These are not isolated occurrences. Rather, they reveal a systemic problem in which essential provision for vulnerable young people is stalled by prolonged and often unnecessary debate over standards.

This amendment would allow planning officers and committees to move these applications forward, at speed and with confidence. Estimates indicate that as many as 30,000 of these homes will be required in England alone. It is for this reason that the amendment remains indispensable. By establishing a clear and immediate exemption, it would provide certainty to local authorities, prevent unnecessary obstruction and expedite the delivery of much-needed accommodation.

We hope that the Minister can give Centrepoint and other homelessness charities—which are watching this—some real incentive to continue their excellent work and feel confident when approaching council officers for the exemption from the prescribed national space standards, and to be listened to and supported for this very specific and narrow course. I look forward to the Minister’s response.

My Lords, I want to make a quick point. If you are trying to build a lot of houses, you have to sell them. The rate of sale determines the rate of building: if you do not sell the houses, the builder goes bankrupt because houses are very expensive to build. As a result, it would open up the market much wider if we incorporated these standards for access, because more people would be in the market who could buy them. It must help the rate of sales, because there is a bigger market. Why not do it? I cannot see why not. We are assured that it does not cost any more to do it, so it seems silly not to.

On smaller houses, people who travel live in caravans and motor homes and are very happy doing that. Why are we trying to be so prescriptive about the size of houses? If you build a house of a size that is going to sell, why not?

My Lords, not for the first time in this House, I will strike a slightly contrary note. I believe Amendment 89 is well intentioned but goes a bit too far in calling for all housing to meet the standards set out in M4(2) and M4(3).

M4(2) sets a standard for new homes to be accessible and adaptable, meaning they are designed to be easily adapted for future needs, such as those of an elderly person or those with a temporary disability. It is not a standard for full wheelchair accessibility, which is covered in the much more stringent M4(3) standard. M4(2) requires the dwelling to have features such as the provision for a future stairlift or lift, and may require certain features such as low-level windows.

The regulations were naive in believing that one could build homes that could be easily adapted for wheelchair users. All of us on all sides happily voted these through. It is like motherhood and apple pie: we thought we were doing something helpful for the disabled, and I do not think we took into account the practicalities and the cost. I simply do not believe that you can build these homes to be easily converted for the disabled at the same cost as current homes.

It is not just a matter of level access; it is a whole host of different features. You need wider doors everywhere. Kitchens may have to be ripped out and built at a much lower level for wheelchair users. You cannot have any wall cabinets; there will never be enough space in a kitchen designed for wheelchair users.

As for bathrooms, it is not just a matter of extra grab handles; the whole bathroom needs to be twice to three times the size to fit a wheelchair user. If a wheelchair user is not ambulatory at all and has to be stuck in the wheelchair, you need an absolutely level access shower. That means ripping out the standard shower and putting in a flat one when you might not have the drainage to do it. These are just some of the practical problems I see day to day if one tries to design that in at the beginning. As for space to install a lift—forget it. That would require a massive redesign at potentially enormous cost.

The point is that there are an estimated 1.2 million wheelchair users in the UK. This number includes permanent users and the 400,000 ambulatory users, which includes people like me who can walk a bit, provided we have our chariot wheelchair to help us. Wheelchair users make up roughly 11% of the disabled population. That is why I think it is over the top to call for all housing to be suitable or adapted for wheelchair users when only 11% of the population needs it. Perhaps local authorities should be under an obligation to deliver 15% of wheelchair-accessible or adaptable housing in all new buildings.

Turning briefly to the housing needs of an older generation, I have a simple, one-word solution: bungalows, either detached, semi-detached or even a single-storey terrace. It is believed that about 2 million bungalows were built in the last century, before builders stopped building them, since they take up more space and they can now cram a dozen rabbit hutches of about three storeys high into the same space taken up by one bungalow. In 1987, there were 26,000 new bungalows registered. In 2017, there were only 2,210.

I do not have a solution to that. If builders will not build them, I am loathe to demand that there should be a compulsory quota. Perhaps another slogan for the Secretary of State, in addition to “Build, baby, build”, should be “Bring back bungalows”.

My Lords, Amendments 89 and 97, tabled by the noble Lord, Lord Best, would mean that the homes we build must reflect the needs of our population. In an ageing society and one where the nature of disability is changing, this becomes ever more urgent. Accessibility and adaptability are not luxuries; they are the foundations of a fair and future-proof housing system. We are therefore grateful to the noble Lord for bringing back this important debate on Report and thank him for his tireless work on these issues.

On Amendment 91, tabled by my noble friend Lady Hodgson of Abinger, more homes are important—of course they are—but homes that respect local character, reflect vernacular and are, quite frankly, pleasant to look at are important too. Having scrapped the Office for Place and having not implemented the LURA requirements for design statements alongside local plans in local planning authorities, the Government appear to be riding roughshod over the very principles of good design and placemaking that Parliament sought to embed in legislation.

What are the Government going to do to uphold and protect the principles of design quality, to ensure that places we build are not only affordable and efficient but beautiful, sustainable and built to last? I am delighted that the noble Baroness, Lady Thornhill, shares this sentiment. She will speak to her Amendment 92 in the next group, which seeks to strengthen the same call.

On Amendment 112, also tabled by the noble Baroness, Lady Thornhill, as we said in Committee, stepping-stone accommodation is an idea with real potential and one that speaks to a compassionate and practical approach to housing need. But, as ever in this House, we must balance principle with practice. I support wholeheartedly the spirit of this amendment, but I sound a note of caution. Our existing space standards were developed for good reason. They exist to prevent a return to poor-quality housing—the rabbit hutch flats of the past—homes that compromise health, dignity and long-term liveability.

If we are to disapply or adapt such standards in specific cases, we need to do so with clear safeguards in place. The noble Baroness has helpfully proposed a specific minimum size and has begun to flesh out the practicalities of this proposal—that is a constructive way forward. But before we enshrine such figures in legislation, there should be a proper consultation both with the sector and, crucially, with those we seek to serve.

Stepping-stone accommodation could play a valuable role in tackling housing need, but it must be done right. It must offer dignity, not just a stopgap. Above all, it must serve the people it is designed to help, not simply the pressures we have in the system at this time.

My Lords, I thank noble Lords for tabling these amendments relating to housing design, accessibility and homelessness solutions.

Amendment 89 would require spatial development strategies to ensure that new housing meets the needs of older and disabled people. While I cannot pre-empt the forthcoming national housing strategy, I am sure the Minister in the other place has listened carefully to the noble Lord, Lord Best, and others, on the growing importance of ensuring we provide sufficient suitable housing for older people and those with disabilities. I say to the noble Lord, Lord Blencathra, that I do not know about bungalows, but at this rate I am going to be given a whole wardrobe of hats to wear, which I look forward to.

The Government firmly believe that providing suitable housing for older adults and people with disabilities is essential to supporting their safety and independence. However, I do not agree that the noble Lord’s amendment is needed to achieve that outcome. Local planning authorities already have the tools to support the delivery of homes that are accessible and adaptable. The National Planning Policy Framework sets out that authorities should assess the size, type and tenure of housing required by different groups—including older and disabled people—and set clear policies to address these needs. That is why I spoke earlier about having a sufficient quantity of housing, and local authorities are best placed to assess that need.

Authorities can also apply enhanced technical standards from the building regulations through planning conditions. Where there is clear evidence of local demand, authorities are expected to use these standards to help ensure a sufficient supply of accessible homes. That may include specifying the proportion of new housing built to M4(2) and M4(3) standards. The Bill also already enables strategic planning authorities to address this issue, where it is considered to be of strategic importance to the area. I therefore ask that the noble Lord withdraws his amendment.

Amendment 91, tabled by the noble Baroness, Lady Hodgson of Abinger, seeks to ensure that new housing development planned through a spatial development strategy is well designed. The Government want to see a step change in housing delivery, but I hope that we have made it very clear that that does not mean units at any cost, and we must ensure that the homes and places that are built are high-quality, attractive and sustainable. We are committed to providing a planning system that creates well-designed development and recognises the role of local design codes in achieving that. A clear framework already exists through the NPPF and the National Model Design Code for local planning authorities to prepare design codes at the most appropriate level, to provide maximum clarity about design expectations for development.

To answer the noble Baroness’s question about provisions in the Levelling-up and Regeneration Act 2023 on authority-wide design codes and when they will be commenced, as part of the 2024 consultation on the NPPF, we asked whether local authority design codes should focus on locations where there is the greatest scope for change—for example, increased densities and new, large-scale development—rather than setting design requirements that apply district-wide.

We will keep under review the provisions contained in the Levelling-up and Regeneration Act on authority-wide design codes and national policy and guidance on design in relation to how the use of localised design codes and other design tools, including master plans and design guides, can be embedded as part of the plan-making process. We will use the feedback from the consultation to inform future decisions. In the meantime, local authorities should continue to consider, through their coding process and by engaging with communities, the scale and issues that their design code should cover, to most effectively support the vision for their place and planning decision-making. This may be an authority-wide code. The Bill also already allows for design matters to be addressed by SDSs where they are considered to be of strategic importance to the area.

The Office for Place was mentioned by the noble Baronesses, Lady Hodgson and Lady Scott. On 12 November 2024, it was announced that the Office for Place would be closed down and that the expertise of its staff would be redeployed within the department. In the Written Ministerial Statement, the Housing Minister made it clear that he wanted design and place-making to be a fully integrated consideration in wider planning reforms, including support to local and strategic planning authorities.

Furthermore, to support local authorities to elevate design quality in their areas, we will publish updated national design guidance later this year.

Amendment 97, tabled by the noble Lord, Lord Best, seeks to ensure that strategic planning authorities reflect the needs of older people. As I have set out, I agree with the noble Lord that the housing needs of older people should be considered when preparing spatial development strategies, but I do not see a need for the Bill to be amended to achieve that outcome. The Bill already requires strategic planning authorities to have regard to the need to ensure that their spatial development strategy is consistent with current national policy, which contains clear expectations on assessing and reflecting the housing needs of older and disabled people.

Turning to Amendment 112, I thank the noble Baroness, Lady Thornhill, for raising the important issue of exempting local planning authorities from applying space standards on local planning applications concerning the delivery of “stepping stone” accommodation. I was very grateful to the noble Baroness for bringing a Centrepoint representative to meet me. The organisation is doing vital work in supporting young people at risk of, or experiencing, homelessness, and it was great to meet its representative to learn about how it is implementing its plans.

Homelessness is far too high, and this Government have committed to delivering long-term solutions. We are developing a cross-government strategy to get back on track to end all forms of homelessness. We continue to engage with the youth homelessness sector to ensure that the strategy meets the needs of young people. The funding for homelessness services, which was outlined previously, also includes continued funding for 650 units for young people at risk of homelessness or rough sleeping, alongside accompanying support services, through the single homelessness accommodation programme. My own area has benefited from that fund as it delivered the kind of accommodation that the noble Baroness referred to.

As noble Lords know, we must build more homes in order to tackle the root causes of homelessness. The Bill underpins our commitment to deliver 1.5 million homes over this Parliament, and we have confirmed a new 10-year £39 billion social and affordable homes programme. The current planning framework already allows local planning authorities to do what this amendment seeks to achieve. Each planning application is judged on its own individual merit, and the weight given to competing material considerations is a matter for the local planning authority. For example, it could be that an authority considers the need for a particular type of housing tenure to outweigh local policy around space standards, when considering all relevant material considerations. We should leave that choice and decision in the hands of local authorities for the reason that the noble Baroness, Lady Scott, gave: it is important that we do not undermine the wider picture in relation to space standards.

I absolutely understand those points; as a localism person, obviously I agree with that. However, the key issue is that planning officers are playing “safety first”. Their immediate response is, “No”, for the reasons that the noble Earl, Lord Erroll, set out earlier. Is there any way we can strengthen the guidance to refer to “stepping stone” accommodation as something that the Government might look favourably on or permit? The current experience is that planning officers are hitting a brick wall each time. I totally understand why it cannot be in the Bill, but I do not see why we cannot put something into guidance that strengthens their arm when they sit down at the first meeting to discuss the matter.

I am very grateful to the noble Baroness for making those points. The best thing might be to have another meeting outside the Chamber to discuss what we might do. I understand the point she is making; perhaps planning officers are being overly cautious because they do not recognise that they already have such a power. I am happy to meet her outside the Chamber to discuss how we might move forward on that issue. I am very keen that this does not go into the Bill, because if it did, it would risk undermining the work that has been done over many years to improve the space standards that we already have for our homes. They were hard fought for and hard won, so I do not want this proposed provision to undermine them.

My Lords, I am very grateful for the support, including from the Minister, both for the extension of M4(2) standards to all homes and for a handful of them to be for full-wheelchair use, such as the kind that the noble Lord, Lord Blencathra, spoke of.

I say to the noble Lord, however, that we are not talking about ripping out kitchens or showers but about putting in showers or other amenities that work for everybody. This is about having accessible standards for new builds only; this is not about retrofitting existing properties. Just a minority will comply with the M4(3)—full wheelchair—standards, but all homes would be built at least to M4(2). I have been responsible for building a large number of these homes and the use of these standards has not broken the bank, so I know that it is possible. I am grateful for the support for this happening.

The Minister said that the national housing strategy may say something about both accessible housing and housing for older people. I look forward to seeing that and hope that it is entirely positive. At this point, I beg leave to withdraw my Amendment.

Amendment 89 withdrawn.

Consideration on Report adjourned until not before 8.19 pm