Lord Byron: 200th Anniversary

Debate between Earl of Lytton and Lord Parkinson of Whitley Bay

Tuesday 16th April 2024 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I draw the attention of the House to my direct descent from Lord Byron and my involvement with the Byron Society in London and also in Missolonghi, Greece.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, His Majesty’s Government appreciate the great interest that the bicentenary of the death of the sixth Lord Byron has generated, both in the United Kingdom and overseas. The continuing fascination with his life and works has cemented his status as one of England’s greatest poets, and it is absolutely right that his legacy be honoured. The Government fully support the relocation of Lord Byron’s statue into Hyde Park, led by the Byron Society. Once in situ, the statue will become a retained asset of the Government.

[The Earl of Lytton (CB)]

My Lords, I thank the Minister very much for his reply, and particularly for his personal engagement and commitment to this. I draw to his attention that, in this House, in debate on 16 June 1958 about the then new Park Lane traffic scheme, Lord Mancroft, then speaking for the Government, said:

“It will be necessary to move one or two of the smaller memorials and statues, including Byron and the Cavalry and Machine Gun memorials, but, wherever possible, they will be re-sited in the vicinity”.—[Official Report, 16/6/1958; cols. 866-67.]


In the event, all were relocated, as far as I know, except Byron, which languishes in an isolated traffic island in the middle of Park Lane. In the light of the public fundraising that is going on to defray the cost of reversing both neglect and the fact that it has not been relocated as originally intended, and having regard to the bicentenary year, might the Government be prepared to assist financially in fulfilling the understandings given nearly 66 years ago, especially given that some department in the 1960s saved more than a bob or two in not moving the monument? I further suggest that it would be a rather appropriate way of honouring one of the nation’s major poets.

[Lord Parkinson of Whitley Bay (Con)]

The noble Earl is right to point out that the Government have moved rather slowly in this instance. Part of the difficulty has been the question of the ownership of the statue. I am very pleased that my department has been able to break that impasse by taking responsibility for the statue, so that it can indeed be moved into the main part of Hyde Park. It is currently stranded on an island far less enticing and accessible than those of the Peloponnese that Lord Byron frequented. Once the statue is moved to its new location, subject to the planning permission which is currently before Westminster City Council, the Government are happy to treat it as a retained asset, which means that the regular maintenance will be the responsibility of the Royal Parks but any major repairs needed will be the responsibility of my department. I saw the chief executive and chairman of the Royal Parks this morning for a catch-up on progress. The fundraising effort is being led brilliantly by the Byron Society, which I am delighted is holding a dinner here in your Lordships’ House on Friday, the actual anniversary of Lord Byron’s death, which will be addressed by my noble friend Lord Roberts of Belgravia.

Levelling-up and Regeneration Bill

Debate between Earl of Lytton and Lord Parkinson of Whitley Bay

Committee stage
Thursday 20th April 2023 Lords Chamber

[The Earl of Lytton (CB)]

Could the Minister explain why he considers it appropriate for authorities to have this power but, to visit direct—and it must be direct—loss in order to be compensable, he thinks it is not appropriate that the exercise of powers should be accompanied by compensation? What other areas where the compensation code might be deemed to apply does he think are in some way disposable? I remind him of the principles that I referred to right at the end of discussing human rights, on the questions of the reasonable enjoyment of one’s property, not being dispossessed of it by the state other than for an overriding reason, and then only on the provision of proper compensation, determined by an independent adjudicator if necessary. Does he depart from those particular principles?

[Lord Parkinson of Whitley Bay (Con)]

I am grateful to the noble Earl for his questions. If it is helpful, I am very happy to speak to him in advance of my meeting with Ben Cowell next week, so that I can have a fruitful discussion with him and with Historic Houses on this point.

He asked about the Secretary of State’s declaration on the Bill. That is self-evident: the Secretary of State has found it compatible with human rights laws. But I will leave it to colleagues at the Secretary of State’s department to speak further on that. With the offer to meet the noble Earl ahead of my meeting, I hope that he will be happy with the point that I have outlined about wanting to remove what we see as a hindrance to these notices being served.

Amendments 312G and 312H, tabled by the noble Baroness, Lady Andrews, would require the Secretary of State to remove permitted development rights for the demolition of buildings. These amendments aim to reduce demolition and consequently carbon emissions, to increase communities’ ability to shape local places and to protect non-designated heritage assets. I completely agree with the remarks she made about the value of historic buildings and our historic environment to communities and the importance of preserving them for generations to come. I pay tribute to the work she has done over many years on this at English Heritage, the National Lottery Heritage Fund and in many other ways.

Permitted development rights are a national grant of planning permission that allow certain building works and changes of use to take place. There is a long-standing permitted development right which permits the demolition of buildings, subject to certain limitations and conditions, as she outlined in her speech. Her Amendment 312G seeks to remove this permitted development right for all but the smallest buildings. Her Amendment 312H seeks to remove the right for locally listed heritage assets only. These amendments would mean that works to demolish affected buildings would require the submission of a planning application.

I want to make it clear to noble Lords that the Government are committed to ensuring that planning permission contributes to our work to mitigate and adapt to climate change. National planning policy is clear that the planning system should support our transition to a low-carbon future, including helping to encourage the reuse of existing resources and the conversion of existing buildings where appropriate. The National Model Design Code encourages sustainable construction focused on reducing embodied energy, embedding circular economy principles to reduce waste, designing for disassembly and exploring the remodelling and reusing of buildings where possible rather than rebuilding. I know that our heritage bodies—not just our arm’s-length bodies such as Historic England but right across the sector—are doing sincere and fruitful work to make sure that we have the skills, not just now but in generations to come, to carry out the works to effect that.

I also want to stress that the Government recognise the need to protect historic buildings and other assets valued by their local communities. The heritage designation regime in England protects buildings of special architectural and historic interest, but we understand there are many other buildings and assets that local people cherish. Planning practice guidance encourages local planning authorities to prepare local lists of non-designated heritage assets. I mentioned earlier the £1.5 million we have given to support local planning authorities and their residents to develop new and updated local heritage lists, with the intention that the lessons learned from that work will be shared later this year.

Local planning authorities have the power, where they consider it necessary, to remove specific permitted development rights to protect a local amenity or the well-being of an area by making an article for direction. Powers to amend permitted development rights already exist in primary legislation. There are also tools within the existing planning system that can be used to manage demolition more responsively, such as the National Planning Policy Framework and local design codes. So, while we appreciate the importance of reducing carbon emissions, supporting local democracy and of course protecting heritage assets, we do not believe that these amendments are necessary to achieve those aims. I want to assure the noble Baroness that we will of course continue to keep permitted development rights under review and look at them with a heritage lens as well.

I understand the point raised by my noble friend Lord Carrington of Fulham about the protections available to more recent buildings. While the tastes of individual Ministers are rightly irrelevant in the process, I share his admiration for the work of Giles Gilbert Scott. I live close to what was King’s College Hospital in Denmark Hill and is now the home of the Salvation Army. I had the pleasure of speaking on 8 September last year—a date which sadly sticks in the mind—to a conference organised by the think tank Create Streets on diverse modernities, where I was able to talk about his other buildings, such as the university library and the memorial court at Clare College in Cambridge.

I said on that occasion that the Government recognise that the eligible age for protection by statutory listing needs to continue rolling forward. In the past, recent buildings have not been a focus for listing, but I am glad to say that that is no longer the case. One-third of the buildings listed by recent Secretaries of State have been 20th century buildings. I think one of the most recent examples is the headquarters of Channel 4 on Horseferry Road, which dates from the 1990s.

The listing regime is not prejudiced. As per the Secretary State’s principles for selection, planning and development are not taken into account when listing a building—it is done purely on historic and architectural merit. The older a building is and the fewer surviving examples there are of its kind, the more likely it is to have special interest. From 1850 to 1945, because of the greatly increased number of building erected and the much larger number of buildings that were constructed and have survived, progressively greater selection is therefore necessary. Careful selection is of course required for buildings from the period after the Second World War.

I am very grateful to my noble friend for speaking to Amendment 247B tabled by our noble friend Lord Cormack. As my noble friend Lord Carrington said, the noble Lord sends his apologies for not being able to be here in your Lordships’ House today. Noble Lords will know he is the last person who would wish to express discourtesy to your Lordships’ House. He has given me permission to share that it is only because he is collecting his wife from hospital following an operation that he is unable to be here today. I am sure noble Lords will understand and want to join me in wishing Lady Cormack a swift recuperation.

I am grateful to him for his amendment, which highlights the importance of lists of locally important heritage assets. I have been able to speak to my noble friend about his amendment and some of the points that lie behind it. As Minister for Heritage, I am, on behalf of the Secretary of State, responsible for the statutory designation system that lists buildings of architectural and historic importance, and protects monuments of national importance. Local listing is a non-statutory means by which local planning authorities can, if they wish, identify heritage assets that are of local importance but do not meet the criteria for national designation and statutory protection as a listed building or a scheduled monument, and then take account of these assets during the planning process. In recent years, the Department for Levelling Up, Housing and Communities has provided financial support to selected local planning authorities wishing to develop a local list with the assistance of Historic England.

Local lists are discretionary; some local planning authorities compile local lists and some do not. Under the terms of local listing, it is up to those authorities which heritage assets they include in local lists. I am not, at present, convinced that, given this discretionary nature, we should be legislating for local lists to include all statues and monuments in an area. While many statues and monuments are very clearly cherished by the local community and should be included on local lists, there will be instances where it would be inappropriate to include certain statues and monuments—for instance, a sculpture in somebody’s private garden. Local planning authorities, following consultation with their communities, are best placed to decide what should be included on a local list.

Our national designation system already ensures statutory protection of our most significant heritage assets, including statues and monuments. The national listing process already protects those that meet the criteria of special architectural or historic interest. We have recently increased the protections for non-designated statues and monuments in public places that are more than 10 years old, whether they are locally listed or not. Their removal now needs explicit planning permission, and we have made it clear in national planning policy that decisions on statues and monuments should have regard to our policy of retaining and explaining these important historical assets.

My noble friend raised the question of the definition of “alteration”, pointing to some examples, including the statue of the Earl of Beaconsfield, Benjamin Disraeli. As it is the day after Primrose Day, and the birthday of my noble friend Lord Lexden—the Conservative Party’s official historian—I must echo my noble friend’s comments about Disraeli and the amusement he might find in some of the treatment of statues of him today. But the point my noble friend makes is an interesting one, which I am happy to discuss with him and my noble friend Lord Cormack. As he is not here for me to ask him not to move his amendment, I offer, on the record, to discuss this with him and any other noble Lords. I beg all noble Lords whose amendments I have addressed not to move their amendments and beg the noble Baroness to withdraw her amendment at this juncture.

Product Security and Telecommunications Infrastructure Bill

Debate between Earl of Lytton and Lord Parkinson of Whitley Bay

Lords Hansard - Part 1 & Committee stage
Wednesday 29th June 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My letter that was sent just before Committee outlined some of the engagement that the department has had and listed some of the groups with which we have spoken. That goes some way towards that, but I will certainly see whether there is anything further that I am able to share with noble Lords in addition to that table, which was appended to the letter I sent yesterday.

As I say, we believe that the measures in the Bill will address the complex areas that have led to protracted litigation and emphasise the value of collaborative relationships between operators and site providers. I therefore invite noble Lords to withdraw or not to press their amendments in this group.

[The Earl of Lytton (CB)]

My Lords, I thank the Minister for that detailed reply. I will obviously not try to cover everything he said, but just touch on one or two points.

The Minister referred to the RICS, and it is true that the RICS produced a guidance note in relation to code changes. It was of course produced in the light of those changes, rather than in an attempt to influence them, and it points out the strong likelihood of very low rents resulting from those changes. Of course, being a guidance note, it does not predict or advise on what the market outcomes are likely to be in practice. I have not had a moment to check, but it is my belief that the manual of valuation and appraisal—otherwise known as the Red Book—produced by the RICS and Institute of Revenues, Rating and Valuation, has made the valuation of mast sites an exception to the market value criteria within the Red Book. It is, if you like, a derogation from that market value principle.

I go back to the point that I made: you cannot have market value in the terms that I described it and the internationally recognised specification and then say that you disregard it and the matter gets to court. So what does that mean? You go to court because you can get it disregarded. Is that the way that the world functions? I am sorry, but I just do not get it—this is an oxymoron of a principle.

That apart, there still remains the fact that reducing rents to around about £750 or so per annum—if that is indeed what will happen, because all these things are hemmed in by confidentiality clauses so that the information does not get out, thus preventing any sort of transparency that would give rise to a market in those terms—calls into question the existence of willing participants, regardless of the valuation assumptions to the contrary. You can make all the assumptions you like, but the market will tell you what it is going to do. If you have people who are disengaged, then that is it.

The Minister is in denial that the market is moving towards, or is effectively at, a point at which it is bust. I hope that he will be able to produce some statistics to back what he says. While he says that, on one hand, the comments from organisations such as the CAAV may be regarded as apocryphal, I have difficulty in understanding that what he says his department is receiving is of any better or worse quality than that. We are in a land of the unknown, with people saying one thing and meaning another. We are effectively relying on a lack of evidence. That really is not good enough.

If we are getting to a stage where the market is not functioning, what then? How long will the Government wait before they decide that something needs to be done? And what will they do—more compulsion, more work for the law courts and legal profession, more time spent getting these masts in place and rolled out? I do not see it. I would really love to know what the greater vision is. The Minister referred to “greater collaboration”; I am sorry, but I do not see it. I see anything other than greater collaboration coming out of this. It takes two to tango—the old business about taking a horse to water may well apply.

I will not press these amendments and will withdraw them at this juncture; they can be resisted, but the real world outside will continue notwithstanding. It does not matter what sort of bubble you live in and what sort of vision you create—whether the commercial vision of code operators or the vision of what is happening from the point of view of the department that wishes to defend the policy that it has had in place since 2017—the situation on the ground will work out the way that it will work out. There is no changing that any more than one can change the basic DNA of transactional analysis in property markets. I beg leave to withdraw Amendment 20.