Earl Howe: My Lords, we return to consider the Higher Education (Freedom of Speech) Bill for what I hope will be the final time. I thank noble Lords once again for the insightful debates that we have had on this important Bill, which is designed to ensure that the higher education sector in England is protected from the chilling effects of cancel culture which have been taking hold on campuses and in...
Earl Howe: My Lords, this group of amendments concerns chief planning officers, local authority resources and capacity, and risk and resilience. I welcome the discussion that has taken place on these important issues. Amendment 312B, in the name of the noble Baroness, Lady Taylor, and spoken to by the noble Lord, Lord Kennedy, would require the Secretary of State to publish guidance for local...
Earl Howe: My Lords, Amendment 300 in the name of the noble Baroness, Lady Young of Old Scone, would require within three months of the Bill achieving Royal assent the implementation of the Government’s commitment to amend the Town and Country Planning (Consultation) (England) Direction 2021 so that local planning authorities must consult the Secretary of State if they want to grant planning...
Earl Howe: My Lords, nothing would give me greater satisfaction than to be able to tell the noble Baroness but, having asked this question myself, I fear I cannot give a definite timescale at the moment. I am sorry for that.
Earl Howe: I am grateful to the noble Baroness for giving way. It might be helpful if I write her a letter to follow up this debate, picking up some of her points, now and in her opening speech, that I may not have picked up in my response.
Earl Howe: My Lords, I thank the noble Baroness, Lady Young of Old Scone, for proposing this group of amendments, all of which are related to the protection of trees. I should start by saying that as a member of the Woodland Trust, and as an owner of woodlands myself, which are interests I should declare, I have sympathy with the spirit of these amendments. I shall, however, attempt to persuade the...
Earl Howe: My Lords, it is a pleasure to respond to the noble Baroness, Lady Young of Old Scone. She and I go back a long way to the days when I was a Minister in MAFF and she was chief executive of the RSPB. A photograph of a stone curlew used to sit on my ministerial desk. I pay tribute to her as a staunch defender of the natural environment over many years, including in her current role as chair of...
Earl Howe: I am sorry to hear that. The point I was seeking to make is that the general public need to trust the law and know what the law is, as does anyone dealing with the planning system. That is why the Government’s ambition is to put in train a consolidation exercise, which may take a considerable time. I have been quite frank with the Committee that there are not only 50 Acts that we know about...
Earl Howe: As I said, the exercise is an enormous one. It requires legal brains to get their heads around the statutes before we can even think about putting a consolidation Bill together. I am afraid I cannot be precise in answer to the noble Baroness but I will see whether I can clarify and distil what I have tried to say—obviously not very adequately—by writing to her. I will of course copy my...
Earl Howe: Consolidation by definition does not extend to changing the policy effect of legislation.
Earl Howe: My Lords, I have listened carefully to the concerns expressed by the noble Lords, Lord Stunell and Lord Carrington, and hope and believe that I can fully reassure them both. I will respond to the noble Lord, Lord Carrington, in a second, but will begin by addressing Amendment 285AA, tabled by the noble Lord, Lord Stunell. This amendment would restrict the nature of amendments that can be made...
Earl Howe: Consolidation in this area of the law is immensely complex. Frankly, we do not know the full extent of the relevant planning provisions that must be considered in any common consolidation exercise because the exercise has not been commenced.
Earl Howe: The noble Baroness should not be concerned, if I may suggest, as I shall go on to try to explain, because I have a little bit more to set out for the Committee. The power does not allow the changing of the terms of devolution once given effect in law, nor does it allow any changes to what planning powers can be conferred on any area as part of such a deal. Finally on the amendment, I...
Earl Howe: My Lords, I will speak also to Amendments 281CB to 281CE. These amendments are aimed at creating greater opportunities for those people who want to build their own home by ensuring that local authorities make sufficient provision for self- and custom-build sites in their areas. The Government believe that self- and custom-build housing can play a crucial role as part of a wider package of...
Earl Howe: My Lords, I am grateful to the noble Lord, Lord Best, and both noble Baronesses, for their comments and questions. The noble Lord, Lord Best, is perhaps this House’s foremost expert on housing matters, saving my noble friend Lord Young of Cookham who is now looking at me. To answer for now the question put by the noble Baroness, Lady Hayman, on the number of self-build and custom-build...
Earl Howe: My Lords, all the amendments in this group relate to the enforcement clauses in the Bill and it may be helpful if I begin by explaining briefly the rationale for the package of enforcement measures that the Bill contains. The Government recognise that effective enforcement is vital to maintain public confidence and trust in the planning system. The noble Baroness, Lady Thornhill, made that...
Earl Howe: My Lords, I will start by addressing Amendment 258 and then move on to Amendment 504GJI, tabled by the noble Lord, Lord Berkeley. Amendment 258 would remove land in the Duchy of Cornwall from the definition of “Crown land”, as part of planning law. The noble Lord asked what the definition of “Crown land” was, and I apologise for not answering him in the previous debate. It is set...
Earl Howe: My Lords, looking first at this clause as a totality, I will begin by explaining briefly the purpose of the proposed measure. The purpose of Clause 101 is to update the existing provisions for development by the Crown that is of national importance and required urgently by providing a new, faster, more effective and efficient route for seeking planning permission. It also provides a new route...
Earl Howe: I appreciate the noble Lord’s question and his interest in that amendment; I understand why he felt he should have asked the question. My advice is that, despite its size, this additional schedule represents a minor and technical change, which is necessary to ensure the effective operation of the street votes process and to ensure that it is integrated into the wider planning system....
Earl Howe: I am so sorry I omitted to reply to the noble Baroness; I will write to her. It is a question I ask officials myself. It is an issue which will be decided in the consultation because, as she rightly said, there will be instances where a street, as such, does not exist. For example, you might have a small community of houses where the owners or residents may wish to apply under this procedure....
