Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Lord Freyberg

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Lord Freyberg (CB)]

My Lords, it is a pleasure to follow the noble Earl, Lord Clancarty, to speak in strong support of Amendment 87D in the name of the noble Baroness, Lady Coffey. It seeks to address a clear gap in our planning framework: the ease with which valued community buildings can be demolished under permitted development rights.

I am grateful to the noble Lord, Lord Fuller, for reminding us in Committee that, since 2017, it has not been possible to demolish a pub under permitted development rights and that, since 2020, the same protection has rightly been extended to theatres, live music venues and concert halls. But every other community building—from sports halls to scout huts, youth clubs, village halls, arts centres, community hubs, social clubs, rehearsal rooms, day centres and faith spaces—can legally be demolished through permitted development under class B, in Part 11 of the general permitted development order, usually via only a prior approval notice to the council. In other words, a community can spend months achieving an asset of community value status, believing it has secured protection, yet the owner can still flatten the building with no full planning process, and the opportunity to save it is lost for ever.

The Minister suggested in response to the noble Baroness in Committee that local authorities can already protect such assets by issuing Article 4 directions. Although that may sound reassuring, in practice it is neither adequate nor realistic. Article 4 powers are slow, complex and discretionary. They require public consultation, ministerial approval and significant resources that many councils simply do not have. They are rarely used pre-emptively, and too often they are invoked after buildings have already been lost.

This amendment would provide a far simpler and fairer solution: an automatic national safeguard for assets that communities have already demonstrated to be of real social value. These are not sentimental relics but the social infrastructure of everyday life: the places where children learn to play sport, where community choirs rehearse, where food banks and lunch clubs operate and where amateur dramatic societies, after-school classes and local support groups meet. Once demolished, these spaces are almost never replaced.

As has been referenced, the London Nightlife Taskforce, which offers strategic advice to the mayor and will publish a major action plan later this year, has already underlined the urgency of this issue. Its early findings show that demolition and redevelopment continue to erode London’s community and cultural infrastructure, despite existing local powers. The task force, supported by the Night Time Industries Association, the Music Venue Trust and UKHospitality, is calling for stronger statutory safeguards to prevent the loss of spaces that sustain local life and creativity. Although its recommendations are directed at London, the same challenge exists nationwide. Communities in Manchester, Bristol, Cardiff, Glasgow and countless smaller towns face the same slow erosion of shared civic space, too often replaced by development that contributes little to social cohesion.

If we accept that pubs, theatres and music venues deserve protection from demolition, surely the same logic must apply to any building formally recognised by its community as an asset of value. This modest reform would give communities a genuine say before their most valued spaces disappeared.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Freyberg, who is one of the House’s great champions of the arts and cultural life. Briefly, I will express the Green group’s support for Amendment 87D in the name of the noble Baroness, Lady Coffey. This would ensure that assets of community value cannot be demolished. It is worth going back to where the assets of community value started, in 2011. Creating that category of buildings and structures was so hard fought for, and it could, in effect, be lost under permitted development rights. The noble Baroness has identified a really important issue, and I hope the House will back that.

I rise chiefly to speak against government Amendment 64. We have already heard some important points. Both the noble Lords, Lord Lansley and Lord Fuller, pointed out just how late this is coming in the process and how we have not had the chance to have proper scrutiny. The noble Baroness, Lady Young of Old Scone, is right about a considerable change in tone, but I would go further and say that it is a considerable change in the direction of the entire law, and that should surely not be done this late in the process.

More than that—like other noble Lords, I am sure— I have received a pleas from the Better Planning Coalition, the National Trust and the Wildlife Trusts to reject this government amendment. If we look at the situation and the arguments they make, absolutely rightly, we see that this amendment embeds into the law a concerning narrative about development at any cost. It does not acknowledge, and it pushes aside, the fact that economic activity and human life are dependent on the environment —the economy is a complete subset of the environment.

The core purpose of planning policy is supposed to be to ensure that developments do not happen in the wrong place or destroy nature gratuitously or without adequate consideration. It really feels, as I think the noble Lord, Lord Fuller, said, that this would open up decisions to politics. Well, this is purely politics: it seems to have been put in to drive headlines that say that the Government are taking a hard line with councils that oppose new housing.