Immigration: Earned Settlement
What a missed opportunity to strengthen the rules, strengthen the illegal immigration policy and strengthen our borders. How can the Home Secretary reasonably think this is fair to the British people?
Conservative and Unionist Party MP for Aldridge-Brownhills since (elected).
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| Party | Office | Area | Period | Began | Ended | Source |
|---|---|---|---|---|---|---|
| Conservative | MP | Aldridge-Brownhills | – present | elected | — | Party history |
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What a missed opportunity to strengthen the rules, strengthen the illegal immigration policy and strengthen our borders. How can the Home Secretary reasonably think this is fair to the British people?
<Question HRSContentId="{98E9921B-46EB-4093-AA99-CEDD97273F8F}">T8. <QuestionText HRSContentId="{4A775404-F49A-4FB3-A897-08889346DC25}"></QuestionText>I think it is fair to say that there is disappointment on both sides of the House, following Wrexham, Shropshire and Midlands Railway’s open-access application being rejected because of concerns about capacity and reliability on the west coast main line. Is the Secretary of State confident that nationalising Avanti will result in the punctuality improvements and extra pathways needed to accommodate new services, which I hope can result in WSMR stopping at Aldridge railway station?</Question>
I beg to move, That this House has considered the National Scheme of Delegation of Planning Functions. It is a pleasure to serve under your chairship, Ms Lewell. From Saturday, councillors across England will lose powers—powers to bring planning applications before elected committees. For communities like mine in Aldridge-Brownhills, which are already facing huge speculative development, this is a serious loss of accountability. My residents have faced an onslaught of applications in relation to green-belt sites, including York’s Bridge for 330 houses, Queslett Road East for 850, Barns Lane for 77, Longwood Lane for 78 and Bosty Lane for 550. Those are just some of them. These applications have brought the debate about the future of our countryside very close to people’s doors. These green spaces help to give our communities their identity. Residents want to know what development will mean for their already busy roads, school places and GP access. They are right to expect those questions to be properly considered before Ministers introduce sweeping changes, yet here we are, just days before the new rules take effect, still looking for answers. It seems that of the outstanding applications for 2,350 homes across my constituency, 80% will be determined under the new rules and behind closed doors. Residents and councillors will not easily be able to ask questions of the developers or raise issues in open committee. Of course, we agree on the need for homes that local people can afford. I want brownfield sites brought back into use, with supporting infrastructure. As I have said time and again in this place and will probably keep saying, once agricultural land is built on, it is gone, and it is gone forever. I want to see planning consents built, not banked. That brings me to the current consultation on Walsall borough’s local plan.
I am always grateful to the hon. Gentleman, because he always makes useful contributions in Westminster Hall that allow us to reflect on and share our different experiences. To me, the fundamental thing is making sure that our communities feel that their councillors have a voice, rather than the democratic deficit that we are faced with. I thank him for his intervention.<span id="201WH" class="column-number" data-column-number="201WH"></span> Our local plan consultation closes on Monday, and over the last six weeks I have been encouraging residents to respond. I have been holding public meetings, helping with objections and making it clear to them that their views, whatever they are, matter, including when the plan goes before an independent inspector. But what message are the new regulations sending? Residents take the time to go through the documents, attend the meetings and help shape their area’s future, while the Government restrict their councillors’ ability to secure full and public scrutiny when an application arrives. That is not democracy in action—it is neither scrutiny nor accountability—so what is the point of asking communities to invest their time in a local plan if contentious decisions about its application are then to be taken behind closed doors?
I can assure the hon. Gentleman that he is not upsetting me with those comments—far from it. His point, that local democracy and local accountability matter, is exactly the one I am making. It is so important that we include local voices, because it is local voices that have local knowledge that can help to shape the community. If we want truly cohesive communities that work together, we need to make sure that their voices are heard—and that they do not have targets and housing imposed upon them.
I am spoiled for choice.
That is spot on. My hon. Friend is absolutely right.
My hon. Friend is right. For a long time, it has concerned me that turnout at elections, particularly local elections, has been falling, and I do not believe the answer is simply to lower the voting age. Rather, we should be seeking to engage with people and communities on a cross-party basis. What we are seeing now is a Government who impose top-down targets, say it is all about devolution and go through the mayors, but when it comes to accountability and scrutiny, I cannot scrutinise the Mayor of the West Midlands. He does not even reply to my letters, yet he is getting more powers. These planning measures come down to local councils, and once again, local councillors are losing their voice—our communities are losing their voices. How can we say that we want to engage with communities? How do we shape the future of our country and our communities if we are taking away transparency and accountability, which are the very foundations of good, strong democracy? Delegation is a familiar concept. In fact, the Government’s own paper said that officers made 96% of planning decisions in the second quarter of 2024, but that cannot become how every application is determined. Where is the evidence about delays as a result of planning committee call-ins? How much delay arises from waiting for the committee, and how much from staffing shortages, outstanding technical advice or the complexity of the process? Under the new rules, ordinary applications for up to nine houses on sites smaller than half a hectare must be decided by officers. Larger applications are not guaranteed a hearing either. Referral requires that the nominated officer and the chair of the planning committee agree and that a test of significance is met; if they disagree, the decision stays with officers. Even reserved matters for a purely residential scheme of several hundred homes can be subject to mandatory delegation, so why exclude councillors from details that materially change the make-up of their own community? A ward councillor will know exactly why a proposal matters locally, but under the new rules they cannot make sure it is heard at committee. It would be helpful if the Minister could outline how the Government will ensure that the significance test is applied consistently. What can a councillor do when a well-founded referral request is rejected? How can it be that an application concerning a protected tree can still be eligible for committee consideration while an application for nine houses can be excluded? What principle explains that distinction? Why should councils be able to consider the future of a single tree—I am not saying that trees are not important—but not the circumstances of a housing development? We then come to the issue of transparency. Will reasons for refusing to refer an application to committee be published before the application is decided, allowing time to raise an error? Reporting afterwards will give no comfort to concerned residents if permission has already <span id="203WH" class="column-number" data-column-number="203WH"></span>been granted. As the Minister is undoubtedly aware—and I appreciate this topic is not entirely in her brief—some councils are seeking to preserve democratic oversight through informal councillor panels advising on planning applications. What assessment has the Department made of the risk of developers alleging predetermination when councillors express a view through those panels and subsequently participate in the gateway decision or determine the application at committee? Could the resulting legal challenges and delays undermine the very house building targets that the regulations are intended to support? I would be grateful if the Department published clear guidance so that councils can retain meaningful elected involvement without creating further uncertainty. There is also the question of neighbourhood plans. One council leader told me their council has called for applications that conflict with an adopted neighbourhood plan policy to be eligible for committee consideration. Communities spend years and thousands of pounds preparing these plans before residents endorse them in a referendum. They deserve a route to elected scrutiny when an application conflicts with those policies. Will the Minister provide that safeguard, including for applications otherwise subject to mandatory delegation? There is a similar concern about houses in multiple occupation, which are used all too often to house those decanted from asylum hotels. Councils introduced article 4 directions because they identified a need for greater control over conversions in particular neighbourhoods, yet applications brought into the planning system by those directions can fall within schedule 1 to the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026, preventing elected members from determining them. Will the Minister clarify exactly which HMO applications must be delegated, and explain why an article 4 direction provides no exception? Where an application raises significant concerns about the concentration of HMOs, such as about parking or the loss of family housing, will the Government allow councillors to secure a committee hearing? Let us not forget planning officers. They also deserve protection. They undertake difficult professional work, often with very limited resources. Moving contentious decisions away from committees has a real risk of leaving officers personally exposed. Councils are rightly asking what safeguards will protect officers from undue influence or pressure from developers, applicants and other interested parties. Will there be requirements to record substantive discussions, declare conflicts of interest and obtain a second opinion in contentious cases? What independent route will officers have to report improper pressure? Officers must act impartially, so how will the Minister prevent them from becoming a lightning rod for political criticism when elected council members have lost their decision-making role? The Royal Town Planning Institute has warned of the risk of increased abuse and public pressure. What support will be funded to protect staff and to help councils retain those important experienced planners? Transparency protects officers and residents alike. People should be able to follow the evidence and understand who decided and why. Accessibility matters, too. Developers often have a planning consultant and a legal team, <span id="204WH" class="column-number" data-column-number="204WH"></span>whereas residents concerned about an application only have the option to open the planning portal for the very first time. They should not need professional help to find out whether an application will reach committee, how to ask for scrutiny or whether their concerns have been considered. Will Ministers engage in a publicity campaign to update people on those changes and ensure that each authority has an easily understandable explanation of the new process on its website, including how residents can put their case where there is no committee meeting? The Planning Inspectorate also has an important role. An inspector will examine whether the proposed local plan in my constituency meets legal requirements and is sound. Separately, inspectors determine many planning appeals, but how will local evidence about infrastructure and cumulative green-belt loss be considered through these processes? On another point of fairness, or rather the lack of it, applicants can appeal refusals, but objecting residents have no equivalent appeal on planning merits. Given that imbalance, why weaken scrutiny before the decision? What affordable option will residents realistically have if an application is wrongly kept away from the committee? A separate part of this new scheme requires councils to consult the Secretary of State before refusing applications for 150 or more homes. How will that operate transparently? How can residents make representations? Ministers are creating an additional opportunity for Whitehall interference and involvement while restricting elected local councillors. That undoubtedly creates a democratic deficit. How does that sit with the Prime Minister’s promises on devolution and community empowerment? I do not see how it does. The Local Government Association’s Conservative group has organised a letter from more than 1,500 Conservative councillors calling for this scheme of delegation to be repealed; I put on record my thanks to them for that. Let us hope that the Prime Minister gives it his urgent attention when it is delivered to him at No. 10 tomorrow. We all know that councils must comply with the law, but we must remember that agreeing to update their constitutions does not mean that they consent to these regulations or believe that they serve their communities. A Government talking about devolution should trust local representatives and communities. I hope that the Minister will reconsider these regulations. At the very least, the Government should restore an effective route to committee for contentious applications to protect neighbourhood plans and article 4 directions and provide clear safeguards for officers. Before the scheme takes effect on Saturday, will the Minister commit to those changes and to publishing an assessment of the scheme’s impact ahead of the statutory review in 2028? My constituents are being asked to engage with their local plan by Monday. I want to be able to tell them that doing so will make a difference and that their elected councillors will still have a meaningful role when decisions are taken. That is the assurance that I am seeking.
I would be delighted if the Minister came to Aldridge-Brownhills to see the impact that 20,000 homes will have across the borough, where we have a lack of infrastructure. I am still waiting for the funding for Aldridge railway station.
On that point about local leaders making decisions and showing leadership, does my hon. Friend agree that it is important that we actually see that? In areas such as Walsall, what we do not see from the new leadership there—the Reform council—is strong leadership on this. One area that needs more pushback is the duty to co-operate with other areas. In our area, Birmingham’s housing target has gone down and ours has gone up. There are some towns and cities in neighbouring counties that actually want more housing and have more brownfield sites.