Levelling-up and Regeneration Bill

Debate between Baroness Young of Old Scone and Baroness Willis of Summertown

Report stage
Wednesday 13th September 2023 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, Amendment 233 is in my name and those of the noble Baroness, Lady Willis, and the noble Lord, Lord Randall. I thank them for their support. I declare my interest as chair of the Woodland Trust.

Noble Lords have heard me bang on interminably about this subject before but I shall briefly bang on about it again. It would require the Government to fulfil a promise they made nearly two years ago, during the passage of the Environment Act, to amend the consultation direction in planning law to require local planning authorities to notify the Secretary of State if a planning application would damage or destroy an ancient woodland.

Ancient woodlands are an important and irreplaceable gem. They are highly efficient in sequestering carbon and one of the richest habitats for biodiversity. Currently, there are more than 800 cases of ancient woodlands on the Woodland Trust’s register of woods under threat. It is noticeable that around 160 additional cases have come in during the last two years since the Environment Act promise was made. There has been no progress in implementing it. Those 160 or so cases need not have happened.

Ancient woodlands are irreplaceable because they have been formed over centuries into complex assemblages of species both above and below ground. They cannot be moved or recreated. If they are damaged, they are gone. We are down now to the last fragments of ancient woodland but they have no real protection in law. They are the cathedrals of biodiversity, with huge cultural and historical significance but none of the protections afforded to cathedrals or to any listed building.

This amendment would require the Secretary of State to consider and take a view on any development that was going to damage or destroy ancient woodland. In my experience, the consultation direction also acts as a reminder to planning authorities and developers of the need at all costs to avoid developments that threaten ancient woodland.

It is very distressing to see cases where, on many occasions, good prior discussion on the location and design of developments would have avoided the need to damage ancient woodland at all. It is notable that even HS2, which holds the prize for the all-time number of ancient woodlands damaged, has managed, during the implementation phase, to reduce the level of damage and the number of sites impacted as a result of negotiations and discussions with the Government and the Woodland Trust. Regrettably, many are still being damaged, but it shows what is possible.

I know that the Government are keen to honour the commitment made during the passage of the Environment Act and to change the consultation direction absolutely along the lines of my amendment. The Minister and the noble Earl, Lord Howe, have given me a lot of time and some tremendous assurances about processes and timescales, but we have had assurances and flurries of activity during the past two years without progress being made. They fall back and get forgotten again. The process laid out by the Minister needs agreement between her department, Defra and a number of other agencies. I know it is an ignoble thought but this does rather leave quite a lot of room for delay and complication.

We now need a bit of legislative welly to guarantee progress. This amendment sets a deadline of three months after Royal Assent, which accords well with the indicative timescale offered by the Minister. I shall want to test the opinion of the House. I beg to move.

[Baroness Willis of Summertown (CB)]

My Lords, I rise briefly to give my full support to the amendment in the name of the noble Baroness, Lady Young.

I want to add one piece of information to the points made by the noble Baroness. This is now urgent. We need much better and tighter legislation in place to protect our ancient woodlands. Since the Environment Act 2021 was passed, 200 local planning use decisions have given the green light to damaging ancient woodlands. This represents about 0.2% of the remaining ancient woodland. If we carry on at this rate, it does not take much to work out how quickly we will lose the rest of this incredibly important ecosystem. We must give this important, urgent issue our full attention.