Cameron's half-baked planning reforms

The housing reforms got good press - but it's not all positive

 

 

Amidst a miserable week of news headlines for David Cameron this week, one major political success story for the party has been rather less commented upon. Wednesday’s papers confirmed a widespread thumbs-up for the Coalition’s reform of the planning system, an issue that has been hugely controversial, particularly among the Tories’ core supporters.

The draft of the reforms, which when released last summer promised to force planners to adopt a default “yes” to planning applications, prompted a joint campaign by the UK’s biggest-selling daily broadsheet – the Telegraph – and one of its largest membership organisations, the National Trust.

The positive publicity was even more surprising since the reforms, contained in the Soviet-sounding National Planning Policy Framework, pushed ahead with introducing a presumption in favour of “sustainable” development into the planning system for the first time in a generation. House builders said it was sound basis for a more pro-growth planning system.

And yet the Daily Telegraph was still able to crow about how it had saved the English countryside.

Turning round this widespread outrage in the shires, is a vindication for Greg Clark, the highly intelligent and well thought of “minister for decentralisation” who has been the driving force behind the government’s localism agenda. The genial Clark had been destined for a cabinet post in 2010, until the Coalition agreement meant key posts were taken up with Liberal Democrats, and has been the intellectual driving force behind the planning changes.

All in all it was ultimately a masterclass in deployment of the tactical and appropriately telegraphed U-turn: as with the tinkering with the Coalition’s NHS reforms, the idea was to defuse opposition by appearing to concede ground, while still pushing ahead with the core intentions.

Only this time with a lot more success.

However, the key issue for the developers, housebuilders, councils and homeowners the reforms affect, is not the presentation, but whether they will actually improve a planning system in crisis. Government cuts have reduced most councils’ planning departments to the bone, contributing to the delivery in 2010 of the second lowest number of homes built in peacetime since the 1920s.

So will the reforms work?

In many ways the document is a vast improvement on the draft version issued last summer to howls of protest from Simon Jenkins and the National Trust. It removes the more egregious attempts at tilting the system in favour of housebuilders by removing key phrases, and includes a more stringent definition of sustainable development that puts it in line with government policy elsewhere.

Other additional references, to brownfield land use, and more safeguards over the quality of design, are also welcome.

However, it’s by no means all good news. Lawyers have been particularly effusive in their praise for the reforms, knowing that in the ambiguities the slimmed down document creates a solicitors paradise of legal disputes.

And for developers it’s not just yesterday’s document but the whole raft of planning reforms undertaken by the Coalition which should be looked at. For the first thing that Communities secretary Eric Pickles did when getting in to office was abolish (illegally, as it turned out) New Labour’s regional planning system. Vitally, this system had contained a set of housing targets designed to help this country meet the huge demand for new homes for the first time in a generation.

Since that decision – now cemented by last year’s Localism Act – councils up and down the country have rowed back on their plans for new homes, cutting over 200,000 homes out of local plans. So far, there is very little evidence that the introduction of this week’s reforms will change that fundamental direction of travel.

Coalition ministers will tell you that the failure to build more homes now is down to the economy, and that councils weren’t likely to meet their targets in a recession anyway. This may be true, but the reduction in councils’ aspirations for new housing will become a serious matter as soon as the economy turns.

With data out just today from Homeless Link being the latest to show the rise in demand for services for the homeless, the lack of new housing is an acute issue.

Nevertheless the fact on the ground is that councillors don’t get rewarded by local voters for building new homes. And there is precious little in Greg Clark’s new planning framework that is likely to over-ride this fundamental political block on new development, meaning those in housing need will continue to suffer.

 

Holes in housing reform, Getty images

Joey Gardiner is assistant editor at Building magazine

Getty Images.
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The problems with ending encryption to fight terrorism

Forcing tech firms to create a "backdoor" to access messages would be a gift to cyber-hackers.

The UK has endured its worst terrorist atrocity since 7 July 2005 and the threat level has been raised to "critical" for the first time in a decade. Though election campaigning has been suspended, the debate over potential new powers has already begun.

Today's Sun reports that the Conservatives will seek to force technology companies to hand over encrypted messages to the police and security services. The new Technical Capability Notices were proposed by Amber Rudd following the Westminster terrorist attack and a month-long consultation closed last week. A Tory minister told the Sun: "We will do this as soon as we can after the election, as long as we get back in. The level of threat clearly proves there is no more time to waste now. The social media companies have been laughing in our faces for too long."

Put that way, the plan sounds reasonable (orders would be approved by the home secretary and a senior judge). But there are irrefutable problems. Encryption means tech firms such as WhatsApp and Apple can't simply "hand over" suspect messages - they can't access them at all. The technology is designed precisely so that conversations are genuinely private (unless a suspect's device is obtained or hacked into). Were companies to create an encryption "backdoor", as the government proposes, they would also create new opportunities for criminals and cyberhackers (as in the case of the recent NHS attack).

Ian Levy, the technical director of the National Cyber Security, told the New Statesman's Will Dunn earlier this year: "Nobody in this organisation or our parent organisation will ever ask for a 'back door' in a large-scale encryption system, because it's dumb."

But there is a more profound problem: once created, a technology cannot be uninvented. Should large tech firms end encryption, terrorists will merely turn to other, lesser-known platforms. The only means of barring UK citizens from using the service would be a Chinese-style "great firewall", cutting Britain off from the rest of the internet. In 2015, before entering the cabinet, Brexit Secretary David Davis warned of ending encryption: "Such a move would have had devastating consequences for all financial transactions and online commerce, not to mention the security of all personal data. Its consequences for the City do not bear thinking about."

Labour's manifesto pledged to "provide our security agencies with the resources and the powers they need to protect our country and keep us all safe." But added: "We will also ensure that such powers do not weaken our individual rights or civil liberties". The Liberal Democrats have vowed to "oppose Conservative attempts to undermine encryption."

But with a large Conservative majority inevitable, according to polls, ministers will be confident of winning parliamentary support for the plan. Only a rebellion led by Davis-esque liberals is likely to stop them.

George Eaton is political editor of the New Statesman.

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