High Speed Rail (London-West Midlands) Bill

Baroness Young of Old Scone Excerpts

Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting: House of Lords & Report stage: House of Lords
Tuesday 10th January 2017 Grand Committee

Moved by

[Baroness Young of Old Scone]

15: After Clause 31, insert the following new Clause—
“Duty to have regard to minimising number of gantries
In exercising its powers under this Act, the nominated undertaker shall have regard to the desirability of minimising the number of gantries to be installed to provide power to the railway, in particular in areas of outstanding natural beauty designated by statute and in other areas of particularly high environmental value and sensitivity, and shall consult local communities when designing plans for gantry installation.”

[Baroness Young of Old Scone (Lab)]

I will move Amendment 15 in the name of my noble friend Lord Stevenson who, as the Committee has heard, could not be here today and speak to my Amendment 28 which is grouped with it. I declare my interests as chairman of the Woodland Trust, president of a local wildlife trust, vice-president of RSPB and a former chairman of the Government’s wildlife adviser and regulator.

Had my noble friend Lord Stevenson been here I am sure he would have waxed lyrical about gantries and the need for the undertaker to ensure that gantry selection is as sympathetic as possible. I shall not try to emulate what he would have been saying so lyrically. I will instead focus on my amendment, Amendment 28, which is about ensuring that the nominated undertaker deals with the commitment made that HS2 phase 1 would result in no net loss of biodiversity, and particularly dwell on HS2 Ltd’s approach to the impact of the project on ancient woodland.

As the noble Lord, Lord Adonis, pointed out, HS2 is an extremely important infrastructure project—that is my only Second Reading remark—but ancient woodland is pretty important too. To refresh the Committee’s memory of why, ancient woodland is defined as woodland that has existed since 1600. Some ancient woodlands are tens of thousands of years old and they are an irreplaceable resource of undisturbed soils, biodiversity and community that have existed for many centuries. They are redolent with history as well as biodiversity, and they are irreplaceable, as cathedrals are irreplaceable—they are the cathedrals of our natural world. Yet, more than 600 of them are currently under threat from development, and we are now down to less than 1% of the land surface of this country, which used to be substantially covered with wild wood, now remaining as our ancient woodland.

The impact of HS2 phase 1 on ancient woodland is considerable. It damages 34 ancient woodlands directly and 29 are further affected by noise, light or construction impact; there is more than 30 hectares of total loss. HS2’s commitment to no net loss of biodiversity is impossible, because any damage to ancient woodland is irreplaceable, so the Select Committee in the other place directed the promoter to identify an independent arbiter to review the methodology for assessing no net loss, and suggested the Government’s nature conservation adviser, Natural England, which has a statutory role in that respect. Natural England did the review and submitted its report at the end of July. Unfortunately, ongoing discussions with the Department for Transport meant that it was not published until 9 November, which did not leave the Lords Select Committee much time in which to consider it.

The Natural England review had three key conclusions. The first is that ancient woodland is indeed irreplaceable and that the ancient woodland calculation should be taken out of the metric on no net loss. I would applaud that.

Secondly, where loss of ancient woodland is unavoidable, the terms of compensation should be 30 hectares of new woodland created for each hectare lost. That is in line with Defra’s draft biodiversity off-setting metric, which was developed in 2012. That sounds like a huge scale, but it is necessary due to the irreplaceability of ancient woodland. These are hugely rich areas, with their complex networks of biodiversity both above and below the soil level. Providing brand-new wood, which will be thin on biodiversity, not have those complex networks and take decades—centuries even—to come to a respectable level, means that you must provide an awful lot more that you have destroyed to be in even remotely the same ballpark for compensation.

Natural England was absolutely right to have that high ambition, based on the evidence which it had used to help Defra deliver its original off-setting metric in 2012. Apart from that, it would be apposite for HS2 to provide a positive legacy for the natural environment communities along the route. Alas, the current compensation ratio proposed by the promoter is less than five hectares for every hectare destroyed.

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HS2 is doing more than any other major project to protect the environment and leave as little trace as possible. The new woodland will be managed for up to 50 years so that the trees are protected and communities will be able to enjoy it for hundreds of years to come. For all those reasons, I hope your Lordships will agree with me that this amendment is inappropriate and unnecessary and should be withdrawn.

[Baroness Young of Old Scone]

My Lords, first, I apologise to the noble Baroness, Lady Pidding, for stealing her thunder in moving Amendment 15 and apologise for the fact that, under the conventions of the Committee, I now cannot speak about my own amendment but have to reply on Amendment 15, if I understand it correctly. I am sure that had the noble Lord, Lord Stevenson, been here, he would have been disappointed at the Government’s response to the amendment on the number and style of the gantries, as I am sure the noble Baroness, Lady Pidding, is.

I thank noble Lords who spoke in support of both amendments, and the Minister for her thoughtful response, although I look forward to the Government’s response to the Lord Select Committee’s report and hope that, in the intervening period, there may be further consideration of whether there is any scope between the 30 times and the five times compensation ratio for something as important as ancient woodland. I beg leave to withdraw the amendment.

Amendment 15 withdrawn.