Theresa Villiers – 2023 Speech on Brownfield Development and the Green Belt

The speech made by Theresa Villiers, the Conservative MP for Chipping Barnet, in Westminster Hall, the House of Commons on 9 February 2023.

It is a pleasure to see you in the Chair, Ms Fovargue. I congratulate my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) on securing the debate. It is an honour to follow the powerful speech from the hon. Member for Hemsworth (Jon Trickett).

I am delighted to be taking part in this debate as the Member of Parliament for a constituency that contains substantial amounts of green belt land. I know how hugely my Chipping Barnet constituents value the breathing space that green belt gives them. It has kept urban sprawl at bay for more than 70 years, but excessive housebuilding targets have been making it harder and harder for councils to turn down bad development proposals. In a number of areas, that is leading to loss of greenfield and green belt land around the country, and to increasing pressure to urbanise the suburbs.

I was very struck by the comments of the hon. Member for Hemsworth on the progressive blurring of the gaps between different communities and communities being merged together, and the crucial importance of giving people access to the countryside on their doorstop. For all those reasons, green belt protections are crucial.

Even where councils refuse planning applications, there is a risk that a planning inspector will overturn the decision on the basis that the development is needed to meet the centrally set, top-down housebuilding target. As my right hon. Friend the Member for Aldridge-Brownhills said, that is why I tabled new clause 21 to the Levelling-up and Regeneration Bill, which was signed by 60 Members of the House. In response, the Secretary of State brought forward significant concessions to rebalance the planning system to give local communities greater control over what is built in their neighbourhood. That is very welcome. It is being taken forward in the consultation now under way on the new national planning policy framework, but the battle is by no means over because the extent to which the compromise delivers real change depends on how it is implemented. It depends on that consultation.

Let me give an example. I very much welcome the new NPPF footnote 30, which promises that brownfield development will be prioritised over greenfield, but even on brownfield sites, it is crucial to respect factors like local character and density. “Brownfield first” must not mean brownfield free-for-all. We need more detail on how the “brownfield first” approach will be delivered in practice, including how the new developer levy will be used to promote it.

I very much welcome the proposal that councils will no longer be required to review green belt boundaries, even where doing so would be the only way to meet the centrally determined target. I also welcome the crucial concession that if meeting a top-down target would involve building at densities significantly out of character with the area, a lower target can be set in the local plan. Wording needs to be added to the new NPPF to make it clear that a substantial proportion of councils are likely to be able to benefit from that new flexibility and to depart from the target determined by the standard method. We also need additional wording in the NPPF to give more strength and clarity to what will be considered sufficiently “significantly out of character” to justify lowering the target, and how councils will be able to satisfy the test for establishing it.

As the Better Planning Coalition says, the whole target- setting process should focus on housing need, rather than housing demand. They are not the same things, and should be properly distinguished. The consultation also proposes removing the test that local plans have to be “justified”, which would be a welcome way to reduce the evidential burden councils face in establishing the exceptional circumstances that justify reducing their target. However, if that measure is to deliver the outcome promised by the Secretary of State, firm and clear instructions must be given to the Planning Inspectorate to accept local plans from councils that are based on reasonable evidence.

Scrapping the duty to co-operate was a key part of the compromise, too. The duty has created great pressure to build on green belt and greenfield areas outside our major towns and cities. Although the consultation proposes abolition, which is welcome, it envisages that the duty will be replaced by what is called an alignment policy. It would be good to hear from the Minister about this, as we need to know what that policy is if we are to be confident that the duty to co-operate is being scrapped and not simply relabelled.

Giving councils new powers to set design codes is also welcome, but design standards need to be additional to, not a substitute for, existing planning protections on matters such as green belt and greenfield density, height and character. A project that is an overdevelopment cannot be cured with high-quality design.

I would also highlight continuing concerns over national development management policies. Local development management policies provide a bulwark of defence against bad development, protecting greenfield sites and open space, constraining height or preventing loss of family homes to blocks of flats. Central control over all those policies could be deeply problematic and undermine the primacy of the local plan. Ministers say that that is not intended and that the NPPF consultation delivers on the Secretary of State’s promise to consult on NDMPs and their scope, which is welcome. However, NDMPs could still be used to rewrite the entire planning system and significantly restrict local decision making. I therefore urge the Minister and the Secretary of State to look again at this issue in debates in the other place and consider amendments that restore the primacy of the local plan in the event of a conflict with an NDMP.

Finally, I want to say a brief word about London. I welcome the indication by Ministers that the new flexibilities contained in the compromise proposals in the consultation will apply in London, but there is still an urgent need to curb the power of the Mayor of London to impose targets on the boroughs. We are the party that promised to scrap regional targets, yet they are alive and kicking in our capital city. The Mayor has used the London plan to try to load additional housing delivery obligations on to the suburbs, especially boroughs such as Barnet, which have already delivered thousands of new homes in recent years.

Crucial progress has been made as a result of the discussions between Ministers and Back Benchers on the Levelling-up and Regeneration Bill and my new clause 21, but my long-running battle to safeguard the local environment of Chipping Barnet, which it is my honour to represent, must continue. Know this: I will fight with diligence, determination and perhaps even a little obstinacy.