English Devolution Bill

In the King's Speech in July, with the announcement of the English Devolution Bill, it was stated that “Greater devolution of decision-making is at the heart of a modern dynamic economy and is a key driver of economic growth.”

The Bill is yet to have its First Reading and its content is largely unknown. However, the briefing document produced on the day of the King's Speech gives us some indication of its content: making devolution ‘the default setting’ across England, giving local leaders greater powers over the levers of local growth and providing enhanced powers over strategic planning, local transport networks, skills and employment support.

To find out how this Bill might impact on planning, Planning and Development InSite spoke to Sarah Cox, Partner in Carter Jonas’ Leeds office and Gareth Jackson, Partner in the Bristol office. Having both worked in London in the early days of the Greater London Authority, both moved on from London. Yorkshire, where Sarah is based, has seen a gradual increase in devolved powers although not without issues – as seen most recently with the city of York opting not to take part in the York and North Yorkshire Combined Authority. Gareth moved to Bristol, which was an early adopter of the Mayoral system in 2012 although ten years on, the city voted to remove its mayor and return to the committee system.

Regional devolution – successes and failures

Sarah explains the devolution arrangement in the West Yorkshire Combined Authority, “Our mayor, Tracy Brabin, began her second term in May. Overall, devolution in Leeds has been well received, but not with over-enthusiasm Overall, devolution in Leeds has been received positively, though not with great enthusiasm. After Tracy’s first term, it became clear she was laying the groundwork with small, beneficial steps. These included initiatives like providing free beds for school children in need, reducing bus fares, and offering mentors for students from disadvantaged backgrounds. Now she has more of a voice and the opportunity to make more of an impact: the success of her second term will require her to build on more ambitious schemes, such as Leeds Public Transport Investment Programme. She has been successful in having a strategic overview – taking about the WYCA being the engine room, rather than deep diving into local authorities’ business. In taking this approach she hasn’t been able to address the competition that exists between some of the local authorities, but she’s trying to develop a strategic position. As we’ve seen in Manchester, which has had a combined authority since 2011, providing a strong regional a voice and using it to drive the growth is extremely beneficial.”

Gareth agrees - in his view the termination of the West of England Combined Authority and the role of Metro Mayor Marvin Rees came too soon: “When, in May of 2022, the people of Bristol voted to abolish the role of mayor in a referendum, it was with a turnout of just 28.6%, suggesting it wasn’t representative of the city as a whole. As of this year, we have a new leader of Bristol City Council who carries out many of the same roles as the directly-elected mayor, but with fewer powers. Whether from a planning, or a more general perspective, I can see few advantages in this change.

“Opposition politicians, who argued that the role invested too much power in one person, hailed the result of the referendum as a chance to reset democracy in the city. But I’ve seen some significant improvements in the local planning system since the first Bristol mayor was elected in 2012, including a greater focus on density and tall buildings which was much needed to address the housing shortage and attract investment. It would be a shame if this momentum was lost.”

The benefits of strategic regional approaches

While neither Tracy Brabin in Leeds or Marvin Rees in Bristol had planning powers, it was their vision and enthusiasm for economic investment that enabled much of the recent development, particularly on a strategic level.

It goes without saying that strategic planning decisions and planning for increased housing numbers are more easily taken at a regional level than at a local level: “Regional targets can potentially help raise the level of ambition on housing growth and enable a more strategic view,” says Sarah. Gareth agrees, “We know councils can find it difficult to make the tough decisions. Passing the decision up a rung has the potential to take the difficult decisions out of their hands.”

Regionally-set housing targets, most planners will agree, can end competition between local authorities and provide a satisfactory alternative to the Duty to Cooperate. As Gareth explains, in North Somerset, and Bath, geographical constraints – from World Heritage status to flood risk and Green Belt - have led to local plans being paused indefinitely. South Gloucestershire, on the other hand, appears to have the capacity to contribute to addressing the wider region’s housing need.

In Yorkshire, Sarah explains how the plains of Wakefield (along with its excellent access to the M62 and A1) provide one of the few suitable locations in the region for big box industrial and commercial development. Wakefield has readily picked up the slack for other local authorities because of the resultant economic growth.

Gareth, on the other hand, notes a need for a more coordinated approach to infrastructure on a regional scale, specifically in relation to the extremely congested roads in the south west. From Gareth’s point of view, large-scale development could greatly assist in supporting much needed upgrades to the motorway junctions which frequently come to a stand-still during weekends and holidays.

But is it devolution?

But we’re discussing regional planning – taking decision-making from a local level and moving it up a tier: is this really devolution? It is a stated aim of the English Devolution Bill (“Putting a more ambitious standardised devolution framework into legislation to give local leaders greater powers over the levers of local growth… [including] enhanced powers over strategic planning”). But is taking decision-making away from councillors and it onto regionally elected mayors giving ‘local’ leaders more powers? Or the antithesis to devolution?

Sarah comments, “There are elements of standardisation which have developed following earlier devolution, with some devolved powers exercised by combined authorities and some by a mayor. The common areas are the focus to drive local economic growth, increased powers on transport policy, investment, and additional powers to increase revenue through increased financial powers.

“Administrative coherence and the relationship of the combined authorities with their constituent councils, the ‘style’ and approach of the mayor and close collaboration across the geography are key factors for devolution to work effectively."

A return to Localism?

A more ‘grass roots’ form of devolution does appear in the Bill’s notes, in the form of what can only see seen as a return to Localism: “The English Devolution Bill will deliver the Government’s manifesto commitment to transfer power out of Westminster and into our local communities, allowing them to take back control…Empowering local communities with a strong new ‘right to buy’ for valued community assets, such as empty shops, pubs and community spaces. This will help to revamp high streets and end the blight of empty premises.”

Does devolution reduce or exacerbate economic extremes?

And if devolution – whether regional or grass-roots or both – requires local skills, understanding, enthusiasm and resources, can it realistically address deprivation? The notes to the Bill state, “England is one of the most centralised economies in the world and has some of the highest levels of geographic inequality. These two things are linked.” The Bill implies that devolution can address regional inequality – and Sarah cites examples of the West Yorkshire mayor having done just this. But what of the regions that don’t want devolution – perhaps because they are politically disengaged, or simply don’t want the extra line of expense on their Council Tax bill? Do they run the risk of being left to stagnate? Can a new Bill encourage new regions to take up new powers? Or (bearing in mind that devolution has already been offered in many forms, not least through the levelling up agenda) have we reached peak devolution? Is there any benefit in pursuing it where it is not wanted?

Sarah’s final thoughts are that, “Devolution has the potential to address regional inequality by giving local governments more control over resources and decision-making. Devolution can certainly lead to more tailored solutions that directly address the unique needs of each region. Ultimately, while devolution can be a powerful tool for addressing regional inequality, its effectiveness will vary based on local conditions and the willingness of regions to embrace it.”