Labour steals a march on the Tories by vowing to punish land hoarding

Miliband says councils could be given the power to fine developers who fail to build on sites with planning permission, or to buy the land back.

In recent years we've heard much about how Britain's arcane planning laws are preventing housebuilding but much less about another problem, that of "landbanking". This involves developers sitting on vacant land and waiting for its value to go up in order to extract the maximum profit. As a result, thousands of houses with planning permission are left unbuilt. Figures published by the Local Government Association show that there are 400,000 homes with permission that have not developed, while in London, where demand is highest, there are 170,000, this at a time when housing starts have fallen to 98,280, less than half the number required to meet need (230,000). But while the public suffers, developers profit. As the 2011 annual report of Barratt Homes bluntly stated, “During the year we have focused on securing the best price for every sale. Across the group we have focused on maximising value rather than driving volumes.” In 2011-12, developers' profits rose by 72 per cent to nearly £1bn. 

With this in mind, Ed Miliband will use his speech to Labour's National Policy Forum in Birmingham tomorrow to announce that the party is exploring measures to force them to build. This could include giving local authorities the power to charge them for sitting on land with planning permission or, as a last resort, issuing a compulsory purchase order. Miliband will say:

There is nothing more important in family life than having a home. Nobody should be in any doubt about this Labour Party’s determination to rebuild this country, get our construction industry working again and give families a decent chance of owning a decent home for their children just like their parents did before them.

But to do that we have to be willing to confront some of the obstacles to house building. Across our country, there are firms sitting on land, waiting for it to accumulate in value and not building on it. Land-owners with planning permission, who simply will not build.

We have to change that. That’s why as part of our Policy Review we will consult in the coming months on how to get that building started. All options should be on the table, including giving local authorities real power to say to the worst offenders that they should either use the land, or lose the land. Permission to build should mean land-owners build. If there is unnecessary hoarding, developers should be encouraged to do what they are in business to do: build houses.

By raising this issue, the Labour leader has stolen a march on the Tories. In recent months, Boris Johnson and Conservative MP Jake Berry have proposed penalties for landbanking, but we've heard nothing from the government. After Miliband's intervention, it'll be worth watching to see if that changes. 

Ed Miliband addresses workers at Islington Town Hall on November 5, 2012 in London. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

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After Article 50 is triggered, what happens next?

The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On 31 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.