A new Town and Country Planning Association (TCPA) blog looks at the state of play as the Lords report stage of the Planning and Infrastructure Bill process has closed and the Bill returns to the House of Commons before receiving Royal Assent.
TCPA writes:
… Planning is not the problem
The contents of the Bill have been controversial to say the least, putting economic growth ahead of what some describe as the ‘market barriers’ of democracy, nature and people’s health. The government has remained focused on the 1.5 million housing target. This position is challenging, as Baroness Pinnock noted, since it is market factors rather than planning policy that are the root of the undersupply of homes:
‘1.2 million housing units with full planning permission are waiting to be constructed… One of the reasons is that developers want to keep prices high and therefore phase development over a sometimes inordinately long timeframe.’ Baroness Pinnock (Liberal Democrat)
Health amendments
Lord Nigel Crisp (cross-bench peer) spoke in the House of Lords shortly after 11pm on Monday 3 November to present the health improvement and health inequalities amendments to Part Two of the Bill.
He reminded peers that people’s health outcomes are largely defined by social determinants of health, where planning decisions are crucial – ‘with its oversight of the environment, access to nature and blue and green spaces, housing, economic development and much more’. Several peers signalled their supported for Lord Crisp’s amendments, as Lord Jamieson commented:
‘…these amendments deal with an issue that goes to the very heart of the Bill’s purpose: how we ensure that our planning system promotes not only economic growth and infrastructure delivery but the health and well-being of our communities…
The pandemic reminded us just how closely our built environment is linked to physical and mental well-being. If we want truly sustainable communities, health must be a core planning outcome, not an afterthought. I therefore urge the Minister to look sympathetically at these amendments.’ Lord Jamieson (Conservative)
National Planning Policy Framework
The Housing Minster Baroness Taylor’s response repeated that health was well covered in the non-statutory National Planning Policy Framework. She invoked the public sector equalities duty (from the Equalities Act 2010) as a proxy for thinking about health inequalities – despite the fact that the 2010 Act does no such thing.
Social determinants of health need to be taken seriously
The odds were always stacked against the health amendment. The Labour Whip meant that over 100 peers were still present to keep the government’s side and oppose the amendment. While the Liberal Democrats and Conservatives had ‘lifted’ their whips – which at that late hour meant insufficient numbers had remained in the House to support Lord Crisp in winning a vote.
As a result, Lord Crisp decided to withdraw the amendments – despite noting, ‘…I am still not convinced by the Minister’s response or that what she has said will make a material difference to health in this country. Until we take the social determinants of health seriously, we will not see the improvements that we want.’ Lord Crisp (Cross- Bench)
The outcome of this process means that there is still no legal obligation, across planning policy and building regulations, to positively promote health and wellbeing or address health inequalities in the development of new homes.
Changing the nature of the debate
While the window of opportunity for securing the specific Healthy Homes amendment is over for now, the Campaign for Healthy Homes has helped to change the nature of the debate.
- We have seen over 100 peers vote through the Healthy Homes private members Bill before it hit the buffers in the House of Commons.
- We have seen numerous public, private and third sector organisations and individuals adopt the Health Homes Pledge, as well as past and future winners of the Pineapple for Healthy Homes – housing schemes that have met and gone beyond the twelve Healthy Homes Principles.
- We have seen the dialogue about housing standards grow to become more comprehensive and ambitious, including the latest announcement from Homes England on their Healthy Homes Standard, and the ten place making principles from the New Towns Taskforce.
While it is not as strong as we would like to see, the Association also recognises that the duty in the Devolution and Community Empowerment Bill will require combined authorities to have regard to health improving population health and reducing health inequalities. We continue to believe a wider commitment for the whole planning system is needed, this is positive step.
Looking forward
Over the next few months, the TCPA will be focusing on responding to the expected National Housing Strategy, the latest iteration of the National Planning Policy Framework, and continuing to seek reform on Permitted Development Rights.
We will continue to support local authorities and other partners who are working to adapt and apply the Healthy Homes Principles. And we will also be taking stock on the lessons learned and the legacy of the campaign.
We would like to thank all the members of Parliament and various supporting organisations for your on-going persistence. The battle for Healthy Homes goes on!
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