Growth and Infrastructure Bill

Debate between Baroness Young of Old Scone and Lord McKenzie of Luton

Wednesday 30th January 2013 Lords Chamber

[Lord McKenzie of Luton]

My Lords, we have Amendments 63A and 63B in this group. I should start by thanking the noble Lord, Lord Greaves, for his knowledgeable exposition on these issues. I was told by one of his colleagues that he is the world expert on these matters, as he has demonstrated.

By way of background, Clauses 13 and 14 mirror the approach taken in so much of the Bill. This issue is largely subject to anecdote, so the Government have taken the opportunity to address it in legislation in an unacceptably tough manner. Let me be clear: we reject the opportunity to use town and village green provisions to thwart development which is unwanted by some. However, we equally reject legislation that would, in large measure, make it difficult to establish such a provision in the future. Our approach is not to seek a deletion of these clauses but to amend them in an attempt to get a better balance.

Amendments 63A and 63B address the issue of the publicity that must be given to a statement under Clause 13. As the noble Lord explained, the statement is that which a landowner can deposit with a registration authority to bring to an end any period during which persons have indulged as of right in lawful sport and pastimes on the land. The knowledge of cessation of use is important because it is the trigger to the two-year window in which a person can seek to register the land as a green. Without that knowledge there is the prospect that the two years will elapse and the chance to register will be lost.

Amendment 63A inserts “must” rather than “may”—an issue that perhaps we do not need to dwell on extensively. However, Amendment 63B requires regulations concerning publicity to be inserted into the Bill. On that basis, we have broadly common cause with the noble Lord, Lord Greaves, on these amendments. His proposition about the nature of the publicity is more detailed and possibly more appropriate, but we seek to achieve the same thing by our amendments.

[Baroness Young of Old Scone]

My Lords, I support this group of amendments on a very important issue. I will make a perhaps slightly illegitimate point, because I probably do support the removal of the two clauses, which I consider unnecessary. I apologise to the Committee for the fact that I will not be here for the debate on whether the clauses should stand part, so I will say that were I to be here I would support the proposition that they should not.

The amendments in this group are particularly important if the clauses remain—in particular the need to publicise and notify those whose interests could otherwise be removed surreptitiously, without them realising that that had been done. However, it is important to say—as the noble Lord, Lord McKenzie, said—that these two clauses typify the Bill in that the number of applications for town and village greens has considerably reduced and is very small compared with the number of planning applications that are approved every year. Therefore, we must challenge considerably whether primary legislation is necessary. It is quite a large sledgehammer to crack a nut that probably does not exist—or, if it does, exists in very small proportions.