Levelling-up and Regeneration Bill

Baroness Jones of Whitchurch Excerpts

Report stage
Tuesday 18th July 2023 Lords Chamber

With those few remarks, I commend Amendments 272 and 273 as powerful alternatives to Amendment 139.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support Amendment 139, to which I have added my name. I declare an interest as a member of the South Downs National Park Authority and vice-chair of the APPG for National Parks.

As we discussed in Committee and as the noble Baroness has eloquently introduced today, the amendment addresses the legislative deficit identified right back in 2019 by the Government-commissioned Landscapes Review, which was chaired by Julian Glover. The review identified the huge potential of national parks to deliver the Government’s ambitions for nature recovery, but it also recognised that, as currently constituted, national parks are restricted in the role that they can play and the interventions that they can make.

At the time, the Government accepted the vast majority of the review’s proposals. They also made it clear that they understood that it would require legislation, and we have been waiting for that legislation ever since. This matters, because the national parks and other protected landscapes have a critical role to play in meeting the COP 15 and environmental improvement plan targets of delivering 30% of land and sea for nature by 2030. As we know, and as we can realise, that is an increasingly desperate challenge, given our low starting point and with only seven years left to reach that target.

It makes absolute sense to start with the sites that can be upgraded relatively quickly. Protected landscapes cover about 25% of land in England, and they are the obvious place to start if we are serious about delivering the targets. There is widespread support for this approach from the national parks themselves and from the environmental NGOs. We also heard in Committee that a number of eminent scientists and advisers also support this approach.

This Bill was identified by the Government some time ago as the best vehicle for making these changes, so it has been a huge source of frustration that the issues have not been progressed in it. It is now four years since the Landscapes Review report and 18 months since the Government’s response. The irony is that there is—apart from the noble Baroness’s contribution just now—widespread agreement about what needs to be done and the statutory underpinning that is necessary.

Our amendment would give national parks and AONBs new purposes to actively recover nature, tackle climate change and connect more diverse groups to nature. Crucially, it would strengthen the duty on public bodies not just to have regard to those purposes but to further them. That might sound like semantics, but it is a huge difference in terms of statutory obligations. We have seen all too often in the past that “having regard to” is not taken seriously by other public bodies and allows them to ride roughshod over the priorities of the national parks. I shall give a quick example: it allowed National Highways, when drawing up its proposals for the A27 Arundel bypass, to say it had “had regard to” the South Downs National Park’s objections without demonstrating how that had in any way impacted on its eventual recommendations. There are many more such examples. The point is that the current requirement to “have regard to” is not having any effect. Our amendment would make sure that the targets and actions of public bodies’ management further the purposes that we are now proposing, and indeed are published.

When we discussed this issue in Committee, there was huge cross-party support. In his response at the time, the Minister referred to strengthening the biodiversity duty on public bodies such as national parks and the ambitious environmental targets that have been set. However, what is the point of piling obligations and targets on national parks when they do not have the authority to deliver on them?

The Minister also suggested that the new guidance arising from the Environment Act would deliver the Glover review objectives. The noble Baroness, Lady Willis, has done a very good demolition job on how ridiculous that is, given the wording of the guidance that has come out so far.

If there is a problem with our amendment, can the Minister tell us what it is that he does not like about it? I contend that it is completely in line with the Government’s thinking and their own response to the landscape review. Meanwhile, we are running out of road and out of time to resolve this issue. I hope the Minister has some good news for us today and the Government plan to back our amendment or come back with their own amendment which would achieve the same objectives.

I have listened carefully to the noble Baroness, Lady McIntosh, on her intention to introduce a third purpose. I found it slightly ironic that she criticised us for adding new purposes to the national parks, given that she has now come up with a different one. You cannot have it both ways. However, I have some sympathy with her argument about rural communities. In fact, the government response to the original landscape review stressed that. We agree that support for rural communities is important, but a new statutory purpose is not the way to achieve it. An economic third purpose would duplicate the roles of the economic development bodies and the local partnership authorities, which already have this responsibility, so I question the direction the noble Baroness is going in.

More importantly, I am anxious to hear the Minister’s response, and I hope he has some good news for us this evening.

[Lord Carrington (CB)]

My Lords, I declare my interests in farming and land ownership as set out in the register. I am also a farmer and landowner in the Chilterns AONB.

I am enthusiastic in my support for Amendments 272 and 273, tabled by the noble Baroness, Lady McIntosh of Pickering, and I have considerable reservations about Amendment 139. This is due to the experience of how changes in the financial support of farming have affected the profitability of farming in marginal land and the consequent need for diversification of farming businesses in the Chilterns AONB—and probably in all the others. Farming is not the only business in these areas. I cannot give precise figures, but nationally, 23% of all businesses are based in the countryside and 85% of these are not in farming or forestry.

The inclusion of these two amendments would ensure that promoting the economic and social well-being of local communities and businesses in national parks and AONBs is assured. These amendments are not limited to business but cover concerns that arise about the provision of affordable and small-scale housing developments in villages, as well as community facilities and the like. Failure to promote and allow economic and social progress in these areas will also encourage people to go ahead with unapproved activities in their buildings, which could be both damaging and short-sighted for the community and themselves. These amendments would not undermine the existing purposes but strengthen the first purpose and reduce the risk of continuing the existing one-dimensional approach, which prevents the diversification that could feed into the financial resource required to conserve and enhance these landscapes and ensure overall sustainability.

Businesses that produce natural landscapes need to evolve to adapt to the challenges of climate change and migration to the countryside, as do the land managers who deliver nature recovery. Environmental considerations currently overrule economic and social decision-making, resulting in a lack of a sustainable flow of funds for businesses. This is weakening the current recovery of nature and the aim of connecting more people to the natural world and tackling climate change.