Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateBaroness Pinnock
Main Page: Baroness Pinnock (Liberal Democrat - Life peer)Department Debates - View all Baroness Pinnock's debates with the Ministry of Housing, Communities and Local Government
(1 day, 21 hours ago)
Lords ChamberMy Lords, Amendments 208 and 231A, tabled by the noble Lord, Lord Roborough, and other noble Lords, seek to remove Clause 90 and Schedule 6 from the Bill. These Benches are not supportive of these amendments. While we appreciate the arguments that have been made about streamlining and simplifying the legislative framework, it is more important to recognise the significance of Ramsar sites and to treat them in the same category as European sites when it comes to environmental protection.
These wetlands—there are 176 designated sites in the UK—are often of extraordinary ecological value, supporting biodiversity that is not only nationally but internationally important. To remove the relevant provisions at this stage would risk sending the wrong signal about our priorities and would weaken the coherence of the overall environmental protections.
The Government’s goal all along has been to preserve sites that are of environmental importance. The arguments about Part 3 of the Bill have not entirely gone the way we had hoped, but they have gone a long way towards raising the importance of the environment as far as the planning system goes. We are keen to uphold the value of Ramsar sites, alongside other protected areas, and to dismiss the arguments made by those who, on one hand, say that we need more houses on these wetland sites, but, on the other hand, argue for other sites—perhaps in the green belt or designated sites—not to be built on. Let us be clear: the environment comes first, and protecting biodiversity and our precious environmental heritage is of key importance to us.
My Lords, I rise to speak in support of Amendments 208 and 231A, tabled by my noble friend Lord Roborough. These may appear as technical provisions, with Clause 90 dealing with temporary possession of land in connection with compulsory purchase and Schedule 6 making consequential changes to Part 3 of the Bill, but, as we have heard from the speakers so far, their combined efforts risk damaging the very housing and infrastructure goals that this legislation is seeking to advance.
The Bill, as currently drafted, extends the legal obligations of the habitats regulations to Ramsar sites. In practice, this means further restrictions on housing development and a fresh layer of uncertainty for local planning authorities and developers alike. The result, as my noble friend Lord Roborough warned, is that a Bill meant to get Britain building risks doing totally the opposite by tying up housing delivery in yet more red tape and delay. This point cannot be overstated: the country faces a housing crisis—not a crisis of ambition, but a crisis of delivery. By removing Schedule 6, we would avoid further complexity in the already overburdened environmental assessment framework, a system that too often paralyses local authorities and developers in costly uncertainty rather than securing real gains for nature.
The Government’s own target of 1.5 million new homes will not be met if planning reforms continue to tangle it up with excessive regulation and unintended consequences. Of course, environmental protection must remain a central consideration in planning, but, as my noble friend rightly observed, the small nut being cracked by the sledgehammer of Part 3 has now been shown to be even smaller. The recent ruling to which he referred has already resolved many of the issues these provisions sought to address. What remains, therefore, is unnecessary bureaucracy and an additional drag on housing delivery.
However, I reiterate that the outcome of the Supreme Court judgment in the CG Fry case has now shifted the status quo. Following the judgment, Clause 90 and Schedule 6 will have the perverse effect of blocking development rather than facilitating it. This surely cannot be the Government’s intention; we are minded, therefore, to seek to test the opinion of the House when Amendment 208 is called if the Government have nothing further to say on this issue.
These amendments are not anti-environmental. They are proportionate, pro-clarity and, most importantly, pro-housing. They seek to ensure that this Bill does what it says on the tin: to plan and deliver the infrastructure and homes that this country so desperately needs. I urge the Minister to look again at Clause 90 and Schedule 6. Are they truly necessary to achieve the Bill’s goals or are they, as the evidence increasingly suggests, just obstacles in their delivery?
My Lords, Amendment 232 relates to mayoral development corporations. Noble Lords will recall a debate in Committee about this precise point. To remind noble Lords, in the English Devolution and Community Empowerment Bill, presently in the other place, the Government have proposed that the powers available to the Mayor of London in relation to the establishment of a mayoral development corporation should be provided to all mayors of established strategic authorities—I think that is correct. Noble Lords will also recall that I previously tabled an amendment to this effect back in July, so I was pleased to see that the Government were proceeding in exactly the same direction, but disappointed that this has been included in the English devolution Bill rather than here in the Planning and Infrastructure Bill, where Part 4, which we have now reached, is devoted to development corporations. It was certainly my understanding and intention that we would debate and, I hope, adopt the measure of giving all the mayors access to the same powers.
As a simple way of bringing that forward, I took Schedule 17 of the English Devolution and Community Empowerment Bill and transposed it into what would become a new schedule to this Bill. I anticipate that it is not the Government’s intention to disagree with the content of Amendment 232, since they wrote it; however, they appear to be set on resisting the idea that it should be included in this Bill and, on the basis of our anticipation of Royal Assent being reached only in a matter of weeks rather than months, be brought into force rapidly.
As it happens, since Committee, the English Devolution and Community Empowerment Bill Committee has had the opportunity to consider Clause 36 and Schedule 17 of that Bill and has not amended it, so there is no requirement for us to think of it having changed. I suspect, based on the discussion in that Bill Committee, it will not be returned to in substance on Report. I do not anticipate that the English devolution Bill, when we see it, will have any different text from what we see here now.
I put it once more to Ministers, but will not press it because what would be the point? It is their Bill, their language, their schedule that they can have now, in my view—and why would they not? It seems to me that most mayors, certainly the ones I have spoken to or their representatives, would like the powers sooner rather than later.
Quite early in the new year, probably before the English devolution Bill has received Royal Assent, we will be discussing the question of which new towns will be mayoral development corporations as opposed to government development corporations or locally led ones. These are precisely the issues which are the subject of this part of this Bill. I put it to noble Lords that it would be better to take this provision, include it now, and bring it into force at an earlier stage. I beg to move
My Lords, on these Benches we have much sympathy with the core principle behind this amendment from the noble Lord, Lord Lansley, regarding mayoral development corporations. The purpose of Part 4 of this Bill is to create a more flexible, and perhaps more robust, framework for development corporations. The existing way that development corporations work has limitations with regard to some of the development that all of us seek—transport infrastructure, for example. The noble Lord, Lord Lansley, has helpfully reminded us that this selfsame wording is in the devolution and empowerment Bill, currently going through its stages at the other end of the building, so those of us who will have the joy of debating that Bill, when it comes here, will be coming back to this issue.
The main concern we have, though, is about the decision being vested in the hands of the mayor and the rather narrow representations of the leaders of the constituent authorities—this will not come as a surprise to the Minister. This is an erosion of meaningful local planning influence, reducing local authorities to mere consultees whose considered objections can be dismissed. This amendment could grant substantial planning control over designated areas by placing the decision-making at the mayoral level, with its minimal approach to democratic engagement and consultation. While mechanisms exist for arrangements concerning the discharge of planning functions, this shift inherently concentrates strategic planning functions away from the local level.
Amendment 232 is a way forward in potentially accelerating growth plans, but it is achieved at the expense of local democratic involvement and, crucially, would lose having a strong voice from those residents directly affected. In a nutshell, this is an interesting and important proposal, but it bypasses local democracy.
Lord Jamieson (Con)
My Lords, my noble friend Lord Lansley’s expertise on development corporations is, as ever, formidable, and the concerns he raises deserve full and careful consideration. This amendment speaks to the wider question surrounding the Government’s devolution agenda, particularly the potential to give metro mayors the tools they need to deliver housing projects, attract private investment and cut through the bureaucratic fragmentation that so often stifles local ambitions. In many ways, it would build upon the principles set out in the Levelling-up and Regeneration Act, and the work that we have done collectively to champion place-based solutions to the challenges that this country faces. As my noble friend says: equality for mayors.
I am entirely sympathetic to the intention behind this amendment. It is clearly defined and purpose driven. However, to sensibly empower metro mayors or development corporations further, the Government must provide clarity on their plans for local government reorganisation. Without this clarity we risk legislating into a vacuum, creating overlapping authorities and confusion where coherence is needed. On these Benches, we strongly support greater local oversight and a faster route to regeneration, but the real obstacle remains the Government’s opaque approach to LGR. Until there is a clear framework for how local government structures will interact with devolved authorities and combined counties, progress will be piecemeal at best. The Government must work this out, and quickly. We are all waiting for clarity.
I agree with what the noble Lord, Lord Lansley, has just said. Philanthropists in the past gave areas of green space and there have been scandals where councils have sold them off for money, and we all complain that there are no more playing fields, for example. This smells a bit like that. It is almost land that has been protected by accident by a legal quirk that has prevented it being developed subsequently or sold on for development unwisely.
To my mind, this is surely a case-by-case matter. The noble Lord, Lord O’Donnell, made a very powerful case for Wimbledon. Maybe he is right, but I am sure that plenty of sites around the country are not quite so green and lovely in their eventual outcome. I find it difficult to support an amendment that alters everything across the board. Going back, almost in a time machine, doing a proper consultation and the substitution of what is being lost has to be the approach, rather than what is proposed in this amendment.
My Lords, this is quite a wide-ranging group of amendments, and fairly disparate at that. I will first briefly focus on the amendments in the name of the noble Lord, Lord Lucas. In Committee he raised those issues about the publication of public notices, with which I had, and continue to have, some sympathy.
The sad demise of the printed local newspaper means that fewer and fewer people will have access to the public notices. This is partly in reference to Amendment 250, because where would people read the notice about Wimbledon Park or any other site of that sort? I am sympathetic to the suggestions that the noble Lord, Lord Lucas, makes in his amendment.
Moving to Amendments 242 and 243 in the name of the noble Lord, Lord Roborough, I remember the long debates we had on this very issue during the passage of the levelling-up Bill. I recall that it was the Government of the noble Lord, Lord Roborough, who passed the levelling-up Bill, now Act, and included in it the very issue he now wishes to undo.
We have been listening to arguments about growth and economic development, but for many parts of the country, without access to land at affordable prices for the public good, those sorts of developments, such as community health centres and so on, will never come to fruition. We had those arguments on the levelling-up Bill. For me they are still important issues that we ought to respect, so for the noble Lord, Lord Roborough, I am afraid it is a big cross—I cannot support those amendments.
This leads us on to Amendment 250. It is always worth looking through the other lens of an issue of development, or no development, whether it is for the public good, public well-being and economic development, or the lens of the residents who live in the area. I have used that theme throughout discussions on this Bill. It is very important to those of us on these Benches that the views of local people who are affected by a development, be it a national strategic infrastructure project, a local planning application, mayoral development corporation plans or this issue, should and must be at the heart of those decisions.
What happens on the land affects their lives. It might be that the development is beneficial but, unless you take local people with you, it will not be, because they will constantly oppose it. I hear the legal arguments, but let us listen to people. I have been a local councillor for many years, and one thing I know for certain is that if you try to impose a decision on people—certainly in Yorkshire, anyway; I do not know about the rest of the country—and say, “It’s to do with the law. This is what’s been agreed. It’s bound to be good for you”, they will make their voice heard loud and strong and long. You need to take people with you on these big issues.
My Lords, I shall also speak to Amendment 241. Amendment 240 is a return to the debate that we had about the issues of transparency and the right of landowners to be fully informed of the potential scale of a project. It would insert a new clause after Clause 106, creating a duty to declare other approaches to purchase or lease land in the vicinity. Proposed new subsection (2) states that that declaration
“must include whether the combined amount of land … will be submitted for application as a nationally significant infrastructure project”,
while proposed new subsection (3) provides a definition of what is meant by “in the vicinity” in this context; namely, anything adjoining or within 10 miles of the land intended to be leased or purchased. The amendment would not prevent land purchasing from occurring but would force better practices, bringing in transparency and accountability to the process for potentially very large projects.
In Committee, the Minister argued that the amendment could inadvertently breach confidentiality agreements, potentially jeopardising progress on development projects. I disagree. I am not asking the developer to provide each potential partner with chapter and verse on other negotiations but simply to indicate that the land in question might form part of a larger project connecting to neighbouring land. That is a simple statement that would not be an onerous burden on developers; it would be a way of ensuring that all of them acted within the spirit of professional behaviour that we would expect, although sadly, as examples given in both Houses during the passage of the Bill have confirmed, that does not take place.
All too often it is the actions of a few that tarnish the reputation of the many, but surely it is only morally right and fair that landowners and the local communities potentially impacted have a true sense of the potential scale of the project being proposed and how it might have a bigger impact beyond the one plot being discussed. Anecdotally, I have heard of a case where the developer failed to notify those selling or leasing their land that they would be part of a big project; when it was discovered, there was considerable anger from the local community, with those who had agreed to lease their land being ostracised. Not only is this therefore the right thing to do, because surely all deals of this kind should be open and transparent, but it is also in the interests of community cohesion. I have since checked this with a land agent, who said that he thought it was eminently sensible.
The Minister referred to the book of reference and how it is available for public view—if indeed anyone knows about it—and that it should list all land and interests in land that may be affected by development. I reiterate a point made by others throughout our discussions: to the general public, development jargon and process is all a bit of a mystery to start with. However, the Minister herself mentioned the problem here: she implied in her Committee response that the book of reference is available for public view only once the application has been submitted and accepted by the Secretary of State. Transparency after the application is too late and not transparent at all.
While some landowners may jump at the chance of being part of a nationally significant project, others may not wish to be. If they do not know what is being proposed, how can they make an informed choice? In this House, surely we should not be enabling corporate underhand behaviour. We need to ensure that consideration is given to those being approached for land with projects and the communities that will all have to live with the consequences.
Amendment 241 requires a similar simple statement, which again has the principles of transparency and good practice at its core. It seeks to prevent land banking, the practice of purchasing undeveloped land and holding it for future development or resale, rather than immediately building on it. Its proposed new subsection (1) would create an obligation on the developer or company to declare whether they held planning permission for similar developments within a 10-mile radius of the new site they were seeking permission to buy or lease. Proposed new subsection (2) would give the power to refuse development if any similar sites identified by proposed new subsection (1) had not been activated for over a year.
I remind the House that we must not conflate housing delivery with granting planning permission. Planning permission will not meet targets if it is not acted on. I will not reiterate all the stats from the debate we had in Committee, but suffice to say that, as another noble Lord highlighted, around four years’ worth of the Government’s current target is sitting in land banks. Better transparency will only help build trust and confidence in what our planning system can deliver.
I was pleased that the Minister expressed that the working paper is looking to see that permissions given are built out as quickly as possible and I suggest that this amendment could only strengthen the incentive for this to happen. It was also mentioned that a form of use it or lose it could be brought about by implementing the provisions in the Levelling-up and Regeneration Act. Why has this not been kick-started already? Can the Minister give us a timetable in which she hopes that this will be implemented? How many other land banks will be approved before this comes into force? I beg to move.
My Lords, I thank the noble Baroness, Lady Hodgson, for bringing these amendments, particularly Amendment 241. The noble Baroness raised the issue of land banking in Committee and I am pleased that she is raising it again on Report. As she rightly said, land banking is one of the blockers of development. I will repeat one of the stats I gave in Committee: 1.2 million housing units with full planning permission are waiting to be constructed. Those figures are from the ONS. One of the reasons is that developers want to keep prices high and therefore phase development over a sometimes inordinately long timeframe. Indeed, in my own town there is a development of nearly 300 homes that the developer wishes to develop over 10 years, which explains, I think, as much as anything, why this country is short of the housing that it needs.
There are other consequences of land banking, apart from the crucial one of failing to supply the houses that the country needs in a timely way; it also has an impact on local plans. Where developers have full planning permission for all the allocated housing sites in a local plan, they can, and do, argue that they therefore need more sites, sometimes with preference for sites in the green belt, even though there is no intention of beginning, let alone completing, the sites they currently have with full planning permission. That is a really important issue on which I hope the Minister will give some comfort for those of us in local councils. I look forward to what the Minister has to say on these important issues.
Lord Jamieson (Con)
My Lords, I thank my noble friend Lady Hodgson for her constructive engagement throughout the passage of this Bill, her close attention to its detail and her ambition to improve the legislation in a number of important areas. Amendment 240 needs to be considered carefully; I will be interested to hear what the Minister has on it. Where the total land being assembled could ultimately lead to an application for designation as a nationally significant infrastructure project, there is a real need for greater clarity at an early stage. That would only help to build trust between developers, landowners and local communities, and my noble friend’s proposals rightly highlight that need.
My Lords, I will make a couple of comments. Clearly, my noble friend the Minister will no doubt say that this is outwith the intention and focus of this legislation. I sympathise with that; it is the answer to the noble Baroness, Lady Bennett. However, as a former distinguished chief exec of the National Health Service, the noble Lord, Lord Crisp, is right to pinpoint that there are some gaps between the needs of health and healthcare and the planning system. I hope that my noble friend the Minister will be able to give some reassurance that, as we go forward—we have an NHS Bill coming in the next Session—there will be ways to find that some of the noble Lord’s key points will be embraced in both the planning and the National Health Service system.
My Lords, I was very pleased to attach my name to the amendment in the name of the noble Lord, Lord Crisp. He raised a wider issue in the debate on what became the levelling-up Act about the need for healthy homes, and he was right to do so. I was saddened that that was not accepted by the Government at the time. He has now brought forward a less demanding amendment.
It is important that, when thinking about development, health and housing, we add the idea of ill-health prevention and the social determinants of health. That is what the noble Lord, Lord Crisp, mentioned and defined, and how right he is.
Some 14% of homes in our country—3.5 million—are not up to decent housing standard. In my own district, which has areas of quite considerable deprivation, where people are living in poor accommodation, a report says:
“Children in bad housing conditions are more likely to have mental health problems, have respiratory problems, experience long-term ill health and disability, experience slow physical growth and have delayed cognitive development”.
The noble Lord, Lord Crisp, has made the case: children deserve better. We ought to support him.
Lord Jamieson (Con)
My Lords, these amendments deal with an issue that goes to the very heart of the Bill’s purpose: how we ensure that our planning system promotes not only economic growth and infrastructure delivery but the health and well-being of our communities. This is not just about a healthy home but about a healthy community, which is so much more than just the bricks and mortar. As has been raised many times throughout the passage of the Bill, we all want to create great communities—a home and that sense of place. Great places are healthy places. That includes warm and comfortable homes, spaces that are safe for outdoor recreation, places to socialise and places where work, leisure facilities and open spaces are easily reachable.
Amendment 247 would place a statutory duty on the Secretary of State to have regard to the need to improve health and reduce health inequalities when discharging their planning functions. That is not a radical departure; indeed, it aligns precisely with the language used in the English Devolution and Community Empowerment Bill and reflects the Health and Social Care Act 2012 duty on the NHS to reduce health inequalities. It simply asks that the same commitment be applied to planning—one of the most powerful levers for shaping the health of our nation.
Amendment 247A, tabled by my noble friend Lord Moynihan, would add a valuable and practical dimension for allowing Sport England to make representations to the Secretary of State on how this duty is being met. That is a sensible suggestion, recognising the importance of physical activity and access to sport in promoting both physical and mental health.
Amendment 248 would provide clear definitions, ensuring that “health inequalities” and “general health determinants” are well understood and that this duty is not left to vague interpretation. The drafting captures what we all know to be true: the state of health is shaped as much by housing, transport, safety, employment and access to services as by anything that happens in the health service itself.
A modern planning system must support not only economic growth but social resilience and public health. The pandemic reminded us just how closely our built environment is linked to physical and mental well-being. If we want truly sustainable communities, health must be a core planning outcome, not an afterthought. I therefore urge the Minister to look sympathetically at these amendments.
My Lords, I support this amendment. A code of practice would curb the bad practice that the noble Lord, Lord Cameron of Dillington, has very movingly illustrated to us this evening. It is based on the evidence of lived experience of compulsory purchase as currently enforced by commercial agents. I urge the Government to reflect on its merits as driving a far more humane, more swift and less expensive process than the current guidelines achieve. I hope the Government will not reject it simply because they can.
My Lords, in Committee, the noble Lord, Lord Cameron of Dillington, made a compelling case for the issue which he has reiterated this evening—the necessity for a code of practice to set rules that can be enforced on compulsory purchase order issues. I said in Committee that I had a lot of sympathy with what the noble Lord had to say. He has made an even stronger case this evening with the real-life examples that he has quoted to us.
I hope that the Minister can respond very positively this time to the genuine issues that are being raised, with a solution being offered. So, as the noble Lord, Lord Cameron, has said, we look forward to what the Minister has to say, but this issue is not going to go away unless the Government grasp it and deal with it.
My Lords, I rise briefly to add our support for Amendment 249, tabled by the noble Lord, Lord Cameron of Dillington. I would draw a thread through all these debates that we have had on Report on compulsory purchase: this is a necessary tool of government to allow society’s needs to be placed above the individual in a small number of cases where the case is clear-cut.
My Lords, you will be delighted to hear that we are now in the home stretch as we debate just before midnight. I shall speak to the three amendments standing in my name, which, unsurprisingly, deal with matters connected with agricultural tenancies. I am grateful to the noble Baroness, Lady Grender, and my noble friend Lady Coffey for their support, and for the many sympathetic responses to the amendments I have had from all sides of the House from people who recognise the important role tenant farmers play. I refer to my interests in the register as a tenant farmer and the author of the Rock review into agricultural tenancies.
From time to time, landlords of holdings that are subject to agricultural tenancies may secure planning consent for a change of use from agriculture, either through a planning application considered by a local authority, which may also go to appeal, or as part of a nationally significant infrastructure project. When that occurs, depending on the nature of the agricultural tenancy, the landlord will be able to secure vacant possession of the holding or part of the holding involved, either by statute or by contract. Agricultural tenancies subject to the Agricultural Holdings Act 1986 have a statutory process, set out in Schedule 3 to the Act under what is known as case B, which will allow the landlord to recover possession but paying only a statutory maximum level of compensation, which is just six times the rent being paid by the tenant for the land being removed. That rarely, if ever, comes close to the tenant’s actual commercial loss. For example, if a tenant farmer is paying £65 for an acre of land, compensation for that acre would be just £390. Amendment 253A seeks to redress that by providing a default position, setting out that the compensation will either be a multiple of the rent or the tenant’s actual loss, whichever is the larger.
I take as an example of the problem the case of the tenant arable farmers Rob and Emma Sturdy, who farm on the Fitzwilliam Malton estate in North Yorkshire. The local planning authority rejected a planning application by the solar energy developer Harmony Energy to take away almost half their farm, but that was appealed by Harmony. Before that appeal, Harmony Energy made an offer of compensation that was above the statutory minimum but, as far as Rob and Emma were concerned, below what would have been their actual commercial loss.
On appeal, the refusal of the solar farm by the local planning authority was overturned, but the inspector failed to make it a condition of that consent that the compensation offered by Harmony, and alluded to throughout the entire appeal, should be paid to Rob and Emma. Unfortunately, Harmony Energy has now taken that compensation offer away and reverted to offering only the statutory minimum compensation of six times rent for half the Sturdys’ farm. That is wholly unacceptable.
The case is made doubly worse by the fact that it was called in by the Government and the decision of the inspector was fully supported by the Planning Minister, despite the promise made to tenant farmers by the Prime Minister when, as Leader of the Opposition, he said that solar energy schemes must not be taken forward at the expense of tenant farmers and that tenant farmers needed to know that the soil beneath their feet was secure. Unfortunately, Rob and Emma are now feeling the emptiness of those words. That is why this provision is so ripe for change. Furthermore, in the solar road map that the Government published in June, they said that statutory compensation for tenant farmers must be addressed, so there is no reason why it cannot be addressed for all development that causes dislocation to tenant farmers.
The situation for tenants under farm business tenancies, regulated by the Agricultural Tenancies Act 1995, is arguably worse. There is no statutory fallback position as to compensation when a tenant loses land following a planning application obtained by the landlord for change of use which allows the landlord to use a contractual clause to remove land. Amendment 253 merely seeks to add a legislative fallback position. Again, this will operate to provide tenants with a level of compensation equivalent to their real loss in losing land to a change of use following the granting of planning permission.
Amendment 253B seeks for the compulsory purchase regime to fully recognise the way in which tenant farmers are impacted. Other noble Lords, including the noble Lord, Lord Cameron of Dillington, have spoken expertly on the need for wider reform of the way in which compulsory purchase operates, but this amendment focuses its attention on tenant farmers, who are often left out of discussions and end up with little or indeed no compensation when they see their businesses, homes and livelihoods devastated by a compulsory purchase acquisition.
While the landlord might receive a level of compensation which may or may not be reasonable in the circumstances, we must ensure that tenant farmers are also in receipt of a level of compensation which adequately covers their losses. In the same way that tenant farmers facing loss of land due to change of use being taken forward by their landlords need adequate compensation, the same must be true when the land is removed through compulsory purchase.
I confess I was increasingly dismayed this evening to note that the Minister in early responses on CPOs constantly referred to landowners. Some 64% of England’s land is wholly or partly tenanted, and yet the Minister fails to address the issue of tenant farmers who do not own land but will still be affected by CPOs. I therefore urge noble Lords to support this amendment to level the playing field for tenant farmers.
The Government should, and I believe should with ease, support these amendments, as they sit firmly within their own policy that the compensation payable to a farm tenant should be “adequate and fair” following a change of use to give way to a solar energy scheme as set out in the Government’s own recent solar road map. In already accepting that compensation provisions are not fit for purpose for solar energy schemes, the Government surely must also recognise that they are not acceptable for other types of development where the tenant farmer, through no fault and no decision of their own, loses occupation of land where they pay rent. I beg to move.
My Lords, my noble friend Lady Grender has cosigned the amendment in the name of the noble Baroness, Lady Rock. Unfortunately, she is not well and so is not here tonight. She has asked me to make it clear that she fully supports the amendments.
Lord Blencathra (Con)
My Lords, I support the amendments in the name of my noble friend Lady Rock, supported by my noble friend Lady Coffey and the noble Baroness, Lady Grender.
These are very important amendments, not just because the contents are wise and right, but also because of the detailed knowledge my noble friend has of tenant farming—better than anyone else in this House. My noble friend is a non-executive director of Imagination Technologies and First News UK. She is the senior independent director of the Keller Group, a company of 10,000 employees with a revenue of £3 billion. She is also the chair of Costain, another company with revenue of almost £1.5 billion. My noble friend is a top-notch executive with experience of analysing problems and delivering solutions, and has been headhunted by some of the most important companies in the United Kingdom. Therefore, it is no surprise that in 2022, the Defra Secretary of State asked her to chair the Tenancy Working Group, which had two clear objectives.
The first was to look at how the new government financial schemes will be accessible, open and flexible to tenant farmers. The second was to look at longer-term changes that would ensure a robust, vibrant and thriving agricultural tenanted sector for the future. With roughly a third of farmland in England being tenanted, tenant farmers are absolutely vital to the nation’s food production, alongside the delivery of environmental outcomes.