Planning and Infrastructure Bill

Earl of Clancarty Excerpts

Committee stage
Thursday 4th September 2025 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I am grateful to have the opportunity; I fear that my preparation will not be as polished as customary.

The genesis for this group of amendments was the ad hoc committee on the scrutiny of the Licensing Act 2003, which I had the great honour to chair. I would just like to record my deep sadness that, since that time, two of the leading members of that committee, Baroness Henig and Lord Blair, who contributed greatly and lent a great deal of knowledge and expertise to its work, have very sadly passed away. I know that Baroness Henig supported me vigorously when I tabled similar amendments during the passage of the levelling-up Act.

I am delighted to say that, for Amendment 110, I have the support, for which I am most grateful, of the noble Earl, Lord Clancarty, the noble Lord, Lord Hunt of Kings Heath, and the noble Lord, Lord Parkinson of Whitley Bay. The noble Lords, Lord Hunt and Lord Parkinson, for family reasons cannot be here this evening, but I know that I have their staunch support. Sadly, on Amendment 111, I am very much on my own, but there we go. I recognise the noble Lord, Lord Foster, who was also a leading light and a great authority on that committee, and I am delighted he is in his place this evening.

The purpose of tabling these amendments is similar in one respect to that of the previous group. We have, if you like, the principle of agent of change, which is recognised by the Government, but I would like to see it enshrined in law. I welcome that there has been a recent press release from the Government, as analysed closely by the Institute of Licensing and many of those in the industry who follow this. The press release from the Government is very good news indeed. Obviously, it might be from a different department to that of the Minister who will be summing up the debate this evening. The Government have announced reforms to planning and licensing laws aiming to reduce bureaucratic barriers and fast-track the revival of town centres with a wave of new cafés, bars and music venues. What is important in adopting the two amendments—there should be nothing in them that is objectionable to the Government—is simply to establish the principle that, where people wish to put a new development in place against an existing music or other cultural venue, the onus is on those developers to ensure that the change of use will be recognised and that the ongoing existence of the current venue will be secured.

Why is this important? In 2024, the number of venues making a loss increased from 38.5% to 43.8%, so this is an industry which is very much under threat. If you look at developments since 2020, the impact of Covid probably hit this sector—music venues and the hospitality sector more generally—more harshly than any other sector.

I welcome the fact that the agent of change principle is guidance in the NPPF, and Section 106 agreements between local councils and developers have been vital tools. However, I make the strongest possible submission to the Minister that there are real concerns that they are not being respected as they should be, and I would just like her to agree—or, if she feels that the Government could come forward with amendments that are better crafted than those that I have drafted, I would welcome that indeed. I would like to see Amendment 110, which would insert the new clause “Agent of change: integration of new development with existing businesses and facilities”, and Amendment 111, inserting the new clause “General duty of local authorities”, given the force of statute. With those few remarks, I beg to move.

[The Earl of Clancarty (CB)]

My Lords, I have added my name to Amendment 110, tabled by the noble Baroness, Lady McIntosh of Pickering, on the agent of change principle. As the noble Baroness says, just one example of the effect of this amendment is that it would be of significant help to grass-roots music venues, which are such an important part of the music industry’s ecology. Bands and individual artists cut their teeth in such live music settings. The loss of those venues is then a loss not just to the local community—which is important in itself—but to the music industry as a whole.

Precisely because of their importance within the overall ecology, the Government should do everything possible to protect those venues, which is a major reason why the existing guidance should be turned into law. As the Music Venue Trust says, with almost every constituency housing a grass-roots music venue, this amendment would, unusually, have an impact on over 720 venues across England, in communities from small villages to big cities.

As UK Music points out, this has been inspired by similar protections in Australia. In cities such as Melbourne, it has helped to revitalise the night-time and cultural economies. When a similar Bill was introduced in Parliament in the UK in 2018, it had the backing of music stars such as Paul McCartney, Chrissie Hynde, Brian Eno, Feargal Sharkey and many others. In 2019, the agent of change principle was made statutory in Scotland. It remains a material consideration for the rest of the UK—better than nothing but not nearly as effective as it might be.

The Government are keen to build new housing, so there is immense practicality about this amendment as well as a moral right in the principle. It would pre-empt and avoid complaints and ill feeling, potential court proceedings and the loss of important cultural assets. As Caroline Dinenage pointed out in the other place earlier this year, such legislation is

“supported by the whole live music sector, from the operators of our smallest clubs, pubs and venues to the biggest arenas and stadiums. It will benefit the breadth of our cultural infrastructure, from our historic theatres to our pulsating nightclubs”.—[Official Report, Commons, 9/6/25; col. 710.]

Potentially, one can add sports venues—anywhere where sound is a significant aspect of the activity concerned. Any loss of these assets will have an effect on the local and wider economy, not to mention local pride in cultural facilities.

There is a strong argument that locally appropriate soundproofing should be a default concern for new builds in particular. Also, as the Music Venue Trust points out, full legislation would decrease red tape and speed up the planning process, meaning that housebuilding would be speeded up as well. The Music Venue Trust makes the important distinction about how the process operates in Scotland and England. In Scotland, because the agent of change principle is statutory, an objection submitted by the Music Venue Trust can refer directly to the national legislation alongside the impact of omitting the principle, so that as soon as the planning committee receives the objection, it can go straight back to the developer to ask them to change their plans. It is a relatively simple and speedy process. In England, because it is not statutory, there is a constant back and forth between the Music Venue Trust’s emergency response service and the local authority, with the same venue often appearing in their service multiple times for different applications. Sometimes the venue does not even appear in a noise impact assessment. All this contributes to a slower and fundamentally unsatisfactory process in England, leaving many applications awaiting decisions for far too long. These are significant concerns that making the agent of change principle statutory would address.

This is a very important amendment. Such legislation was a recommendation of the DCMS Select Committee’s 2024 special report on grass-roots music venues. The Government need to take this very seriously. I fully support it.

[Lord Foster of Bath (LD)]

My Lords, I apologise, as other parliamentary responsibilities mean that I have not been able to take part so far in this very important Bill. However, in view of my previous involvement in issues around live entertainment and particularly music venues, I was anxious to speak very briefly in support of the noble Baroness’s two amendments.

When I was in the other place in 2012, I had the honour of leading the arguments in favour of what became the Live Music Act, which had been sponsored in your Lordships’ House by my noble friend Lord Clement-Jones. The purpose of that Act was to reduce regulation on performers and on venues to ensure more opportunity for live music and the growth of live music venues within this country.

More recently, in 2017, I had the opportunity to serve on your Lordships’ committee—ably chaired by the noble Baroness, Lady McIntosh—which looked at the 2003 licensing legislation. During our deliberations, we discovered that, notwithstanding the aims of the Live Music Act, the number of live entertainment venues, and particularly music venues, was reducing. One potential cause was the protests made by residents and occupants of premises that had been built after the existing venues. That caused a great deal of problems; hence we came forward with the proposals to introduce the agent of change principle that has already been referred to.

--- Later in debate ---

Amendment 185H, on assets of cultural value, is an interesting approach. There is already listing, and other activities can be done, but again this is a potential opportunity for communities to engage with their cultural assets. My late mother danced at the Cavern Club and the Jacaranda. That has certainly gone through a few changes over the years, but we would not want it suddenly to disappear. Assets of community value should be recognised for the stories and the heritage they bring to communities in not just the great city of Liverpool, but many others around the country. I beg to move.

[The Earl of Clancarty (CB)]

My Lords, I rise to speak to my Amendment 185H in this group, which is a probing amendment. I ask the Government to give some serious thought to it as it addresses a gap in our thinking about the arts and arts practice. I am grateful for the support of the noble Baroness, Lady McIntosh of Pickering. I am also grateful to UK Music for its input into this amendment.

This amendment would establish a system for locally identifying and protecting physical assets of cultural value—that is to say, the spaces or buildings in which the arts take place, be it a music venue, a rehearsal space, a recording studio, an arts centre, a theatre or a visual artist studio, to list just a few potential examples, and one can think of others. This amendment is intended to work alongside and complement the community value scheme. I should also say that I support Amendment 112 in the name of the noble Baroness, Lady Coffey.

At the national level, my amendment would be helpful to and complementary to funding bodies such as the Arts Council, whose concern is primarily for artists and arts organisations, although I acknowledge that its new creative foundation fund will be concerned specifically with the repair of selected buildings.

Of course, most arts are being produced in local, non-residential physical business spaces, public and private. Sometimes they are purpose-built. They are most often furnished for a particular cultural use. If individual artists and organisations do not have access, or lose access, to the spaces in which to work or rehearse then they cannot work—or at least, they cannot do so in the optimum environment, irrespective of the value of their work commercially or the value placed on it through support by a funding body. That is the crucial importance of buildings to the arts, which we always seem to be in danger of overlooking. Buildings are always somewhere, and always in local communities.

I want to address one potential criticism of such a scheme, which is that the arts should not be preserved in aspic; fashions change and new ideas come in. However, the great danger in the present day is the unnecessary loss of assets which are still relevant and still have currency, but without there being any form of replacement.

The Music Venue Trust cites examples of music clubs which have had to close days after they have sold out events, such are the often overwhelming contemporary pressures on our cultural assets. Of our grass-roots music venues, 125—16% of all GMVs—closed in the UK in 2023. Last year, 25 closed, but we are still talking about an overall downward trend. GMVs are, of course, important at the local level but a circuit of clubs for performers is of national importance. The loss of so many grass-roots music venues threatens that circuit.

I will cite one other example: theatres. The theatres at risk register 2025, compiled by the Theatres Trust, finds that 40% of theatre buildings face closure without urgent investment. Sometimes, of course, such buildings also have strong architectural merit.

There is a real concern for our cultural assets in the current climate of economic uncertainty, alongside other pressures such as those discussed in the last group. Such pressures include energy and other running costs, rent, business rates and the depletion of council resources, alongside the selling off of council buildings and the contemporary pressures of housebuilding and redevelopment. All these things are piling enormous pressures on our cultural buildings, which ought to be understood as having a significant value, both in themselves and as part of the local infrastructure. The loss of such buildings is a loss—often an irreplaceable loss—not just to the arts, but to local communities, which often take huge pride in their own cultural facilities. The crucial thing, which this amendment specifically addresses, is that we do not think enough about the particular relationship between culture and locality. Local cultural value is not the same, necessarily, as local community value. I hope the Minister will agree with that.

At present, it is all too easy for our cultural facilities to quietly disappear without any local protective system in place to question that disappearance. As I have intimated, this is currently happening across the whole country. Such a system would give power to local people for the protection of their own cultural buildings and spaces. As well as the social effect, there is the effect on the local economy and the ripple effect that can be created in additional jobs and trade. Of course, this is something local people understand more than anyone.

In summary, the value of the scheme—it is not just for the arts in the abstract, but for the local people themselves, whom these cultural facilities serve—is the crucial point. The scheme has a significant geographical local dimension. I look forward to the Minister’s reply.

[Lord Fuller (Con)]

My Lords, I support my noble friend Lady Coffey in her Amendment 112. When I first read this, my mind immediately went to pubs—historic pubs. Of course, we are losing pubs as an accelerated rate. But then I realised, having done some research, that since 2017 it has not been possible to demolish a pub without seeking planning permission. So, my noble friend’s concept comes straight into the ambit of other non-pub things. But then my mind went to the Crooked House, that wonky pub in the West Midlands. I will not say that the owners were crooked, although there have been arrests and there is a police investigation. That building was on the local environmental record.

I wonder whether the noble Baroness might consider strengthening her proposal, because this is not something that is done locally on an ad hoc basis by the local council. Historic England publishes some criteria—pubs aside—for other assets that are not quite yet assets of community value. Of course, “assets of community value” is not as restrictive as you might think: there is no restriction on gifting the pub or on it being sold. The designation does not even last forever; it is for only five years, provided that the use is maintained. I just wonder whether there is any merit in saying that, where a property meets that Historic England designation on the proper national criteria, her anti-demolition provisions ought to be extended to those pro tem, so that at least we do not accidentally and carelessly lose these buildings—non-pubs, or other community buildings —accidentally. We could give additional breathing space to local communities to put a bid forward for protection.

Local Government: Funding

Earl of Clancarty Excerpts

Monday 27th January 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

The English Devolution White Paper sits at the heart of the reform we want, and that will involve both funding and money. I understand the pressure for urgent reform of council tax, but we have to be committed to keeping taxes on working people as low as possible. It is for local authorities to decide where they set their council tax. The Government will consider longer-term options to improve council tax billing and all those things, but council tax is a well-understood tax and it has very high collection rates. In terms of business rates, we published a discussion paper, Transforming Business Rates, which set out the priority areas for reform. We have had very good engagement on that and we will publish our update in due course.

[The Earl of Clancarty (CB)]

My Lords, what guarantee can the Minister give that the most locally funded arts and cultural services—including libraries—such as at district council level, will not be further lost in this reorganisation, against a background where, it has to be said, cuts to such services are continuing in many localities?

[Baroness Taylor of Stevenage (Lab)]

As the noble Earl said, arts and leisure services took an absolute bashing as local government funding was successively cut over recent years. The purpose of devolution is to put control for that back into local hands and to make sure that more of the money spent in Westminster gets spent in the local areas to protect the services that people really care about and feel are important to them. I hope that will include those key leisure, arts and cultural services that make life around this country so rich and wonderful.

National Insurance: Employer Contributions

Earl of Clancarty Excerpts

Thursday 9th January 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I am always very happy to meet colleagues from NALC and have done so several times in the past, as the noble Baroness knows. The issue here is that parish and town councils have not traditionally been funded in the same way. It is for upper tier councils to decide. We have provided additional funding for upper tier councils. The local government funding settlement saw a 3.7% real-terms increase in funding. If upper tier councils choose to provide that funding, they are able to do so, but local councils also have the ability to precept, as she will know.

[The Earl of Clancarty (CB)]

My Lords, in the arts, already struggling theatres and museums are among those affected by these changes. What consideration has been given to mitigate this effect in the arts sector as a whole?

[Baroness Taylor of Stevenage (Lab)]

The noble Earl raises a key point. We have looked very carefully at charities and the voluntary sector. Many arts organisations have charitable status and there has been significant support in the tax incentives for charities. In fact, charities receive a better tax incentive in this country than in most other European countries. I know that it is not ideal and, as I say, it is not a decision we wanted to take. Unfortunately, the financial situation left to us by the last Government meant that we had to take it.

European Union

Earl of Clancarty Excerpts

Monday 7th October 2024 Lords Chamber

[Baroness Twycross (Lab)]

I will take the proposal back to the department.

[The Earl of Clancarty (CB)]

My Lords, the Minister should agree that in the cultural area the UK should have much closer relations with the EU. Although the language has changed, we have not yet seen any action at all to address the specific concerns of the arts and creative industries. When will that happen? Every passing week represents lost opportunities and revenues for many artists and creatives who continue to face huge difficulties in Europe.

[Baroness Twycross (Lab)]

There is a genuine commitment and determination from the Government to address this. I thank the noble Earl for his question on this point.

Spending Commitments to Local Councils

Earl of Clancarty Excerpts

Monday 22nd July 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

Under the previous Government, 19 councils needed to seek additional support from the Government to balance their budgets for this year. This Government are committed to ensuring councils have the resources needed to provide those public services. We are already working closely with local government and other departments to understand the specific demand and cost pressures facing them. We urge any council experiencing financial difficulties to approach the department as early as possible so we can help work through a plan to resolve them.

[The Earl of Clancarty (CB)]

My Lords, councils have many demands placed on them, but a test of how effective the Government will be is whether they can reverse the cuts to cultural and leisure activities, including libraries. This is for the simple reason that they have usually been the first services to be cut.

[Baroness Taylor of Stevenage (Lab)]

The noble Lord is a great champion of libraries, culture and arts in this Chamber. The severe pressure that local authority funding has come under in recent years has had a particular impact there. We will want to look closely at whether we can help alleviate those pressures. Libraries provide such a fantastic resource for our communities, as do the leisure facilities that local authorities provide.