Lord Lansley:

Moved by Lord Lansley

97A: Clause 52, page 82, line 22, at end insert—“12OA Effect of local government organisational changes affecting principal authorities(1) This section applies in the event of any changes to the local government organisational structure made under the Local Government and Public Involvement in Health Act 2007 that amend— (a) the composition of a strategic planning authority under 12A(2) by means of changes in the structure of a principal authority (as defined in 12A (7)), or(b) the constituent authorities (as defined in 12B (2)) to a strategic planning board.(2) Any spatial development strategy that had been prepared by a strategic planning authority" (under 12A(1)), remains in operation for the strategy area as defined in 12A (4) before the organisational change took effect under subsection (1).(3) Any spatial development strategy that remains in operation under subsection (2) may not be replaced or substantially altered before the expiry of five years after the date of its adoption, subject to subsection (4).(4) Subsection (3) does not apply if the Secretary of State issues a direction authorising the alteration or replacement of the existing spatial development strategy.”

My Lords, Amendment 97A relates to the situation where local government reorganisation leads to changes in the authorities which constitute the strategic planning authority that is making spatial development strategies in the upcoming months or perhaps years. We did not discuss this in Committee, and in my view time does not permit us to have the substantial discussion that is necessary this evening, as we want to make progress towards other important issues. But I just want to say that there is an issue here that I hope the Government will consider, not least between now and Third Reading, although time is short.

We want spatial development strategies to be strategic. They cannot be strategic if they are made one day and replaced the next. We want the strategic planning authorities to be able to establish a spatial development strategy that subsists for a considerable period. Otherwise, people will have no confidence that they will be able to proceed in local plan making that is, necessarily, statutorily consistent with the spatial development strategy, if the spatial development strategy could be changed at a moment’s notice.

This problem emerges essentially from the prospect of the upper-tier authorities which may well be combined to make strategic authorities or, perhaps more often, divided into unitaries. When they become unitaries, the question of who the strategic planning authority is might be taken to a completely different level. For example, Norfolk and Suffolk, close to me, will be a combined authority next year, so they may be able to make a spatial development strategy. However, in Oxfordshire, which I know well, Oxford County Council may proceed with a spatial development strategy next year, but the county council might be divided into two or even three unitaries in the course of local government reorganisation. What the spatial development strategy is, what the strategic planning authority area is, we do not know.

I am presenting to the Government a problem which has emerged. I am grateful to the County Councils Network for highlighting the nature of the potential problem and the necessity of a solution. The solution is to make it very clear that spatial development strategies, having been adopted, should subsist for five years, as we would normally expect local plans to, unless the Secretary of State makes a direction. The Secretary of State could make a direction where there is an expectation of, for example, a change of political control or something of that kind that necessitates a review of the spatial development strategy.

Having presented the nature of the problem, I hope that the Minister will say that the Government recognise the problem and will find means by which the spatial development strategies, once adopted, can remain in place for a period of time, unless there is a compelling reason for them to be altered or replaced. I beg to move.

My Lords, the noble Lord, Lord Lansley, has raised a very important issue that the Government need to think about, but, as the noble Lord explained, the issue relates not only to the new combined county authorities with a mayor that will be created following reorganisation; it will also affect the metropolitan mayoral authorities, where the mayors will be given the new power for a spatial development strategy but where the constituent local authorities will inevitably have their own local plan, which will not necessarily have any coterminosity in terms of their duration. There is a dual issue for the Government to consider, which is: which has primacy—a constituent authority’s local plan until its term ends, or the spatial development strategy, which might override the local plan, which would then require, presumably, an amended local plan and all the effort that would have to go into that? An important issue has been raised, and I suspect that the Government need to come up with a solution.

My Lords, on these Benches, we are actually engaging with the industry about this to understand its concerns. I do not want to say anything further on it this evening, apart from expressing my full support for my noble friend Lord Lansley. We will return to this issue for a much fuller discussion in a later group of amendments that we have tabled.

My Lords, Amendment 97A, tabled by the noble Lord, Lord Lansley, seeks to ensure that any spatial development strategy that had been prepared by an authority remains in place for the strategy area following the restructure of the strategic planning authority; the strategy could not be replaced or substantially altered within five years of its adoption unless the Secretary of State authorised a strategic planning authority to do so. Given that the Government are currently undertaking an ambitious programme of local government reorganisation in England, I understand why the noble Lord seeks to make provision to account for this and ensure a degree of continuity for an operative spatial development strategy.

However, new Section 12T empowers the Secretary of State to include transitional provisions in strategic planning board regulations. This power complements existing powers to make transitional provision in regulations to reflect changes to local government organisation. If a local government reorganisation leads to uncertainty over the boundaries of a spatial development strategy or its applicability to an area, it is more suitable to address this through tailored transitional provision in regulations rather than through primary legislation. This means that the effects of local government reorganisation can be considered on a case-by-case basis.

Preventing a strategic planning authority from replacing or significantly revising its spatial development strategy until five years after its adoption following local government reorganisation would restrict its ability to respond to major national policy changes or new major investment in its area. Strategic planning authorities are well placed to determine when updates to their strategies are necessary and should retain the discretion to do so. Given this, I would respectfully ask the noble Lord to withdraw his amendment.

My Lords, I am most grateful to noble Lords—particularly the noble Baroness, Lady Pinnock—for their support, and to the Minister for her response. I completely understand that the Minister does not want to close down the possibility of alterations to spatial development strategies, which this might do. I hope that we might look at the transitional provisions, and I hold in my head the thought that if we can see those—in relation to the making of spatial development strategies and the impact of local government reorganisation—and if we have a problem, even if we do not deal with it in this Bill, it would be within the scope of the English Devolution and Community Empowerment Bill to be able to deal with it at a later stage. Therefore, I beg leave to withdraw Amendment 97A.

Amendment 97A withdrawn.

Amendment 98 not moved.