Legislative Reform Order (Epping Forest)

Debate between Lord Cryer and Stella Creasy

Thursday 30th June 2011 Commons Chamber

[John Cryer (Leyton and Wanstead) (Lab)]

We have certainly had contrasting debates this afternoon. Let me start by saying—I will make my reasons clear—that I am speaking against the order. I do not support it in any way, and I do not want to mislead the Minister by putting her in the position of believing me somehow to be offering my support, because I am not. The order and the proposed creation of the muster centre have caused deep concern among my constituents. Wanstead Flats are a cherished local amenity and have been since 1878. They have actually been a local amenity for longer than that, but they have been recognised in statute for nearly 140 years, since 1878. The decision to build a police muster centre for the 2012 Olympics on a piece of much-cherished and precious piece of common land is simply wrong and should not have gone through in the first place.

Let me go back over some of the history of Epping forest and Wanstead Flats, which are partly in my constituency. Epping forest has been fought over for centuries, as my hon. Friend the Member for Eltham (Clive Efford) mentioned. In the 18th and early 19th centuries there were fights over enclosure. Repeated attempts were made to enclose the land—as there were across the south-east of England—but the campaigns launched and fought by local people kept it as common land. In the late 19th and early 20th centuries, there were battles over house building. As London rapidly spread eastwards into Essex, there were successful campaigns to maintain Epping forest—and, therefore, Wanstead Flats—as a local amenity. The Epping Forest Act 1878 was the result of those campaigns, and it has kept the area as an amenity for local people ever since.

The City of London corporation has long been seen as the defender of local people—ironic, in view of what has happened recently. It has fought battles against landowners and others to prevent encroachments on common land. That is why the City of London corporation was made the conservator of Epping forest. Over the past 150 years there have been more recent battles, particularly over Wanstead Flats. The 1878 Act states clearly that the land should remain open and undeveloped. On an 1882 visit to High Beach, another part of Epping forest, Queen Victoria declared Epping forest dedicated to the free use and enjoyment by the public “for all time”. However, the City of London, having had quite an honourable record, has now spinelessly lain down and abandoned its traditional defence of local people and the local amenity, and decided to go along with the creation of a police muster centre without even the use of primary legislation to do so. There was some house building there during the war, between 1939 and 1945, but that took place under the wartime emergency powers legislation, which is a crucial point. That was primary legislation, and as soon as hostilities ended, the emergency powers legislation lapsed and the 1878 Act came back into prominence. As a result, the houses were moved—as a matter of fact, I recently met somebody who lived in one of the houses on Wanstead Flats until about 1950-51.

I want to run through what I see as the major points in these proposals. As for the location, which has been raised before, the Home Office explanatory document says:

“It is a large site close to the Olympic Park and new Westfield shopping centre through which a large percentage of visitors to the Park will transit.”

However, the site is actually not particularly near either, so that argument starts to fall down. Many locals—certainly people in my constituency who live near the site—have asked why the muster centre cannot be built on the Olympic site itself. I have yet to hear a compelling argument in favour of the muster centre being established on Wanstead Flats, which are a considerable distance from the Olympic site and from the Westfield shopping centre.

I also have to raise the question of security. A number of local people have said that the police muster centre could be a target for terrorists. That is certainly a possibility, given that the plans for the centre are widely available online, whereas the specific plans for the Olympic site itself are rather more difficult to get to grips with.

As far as traffic is concerned, the route from the muster centre to the Olympics will be a circuitous one involving the use of the A12. The reserve plans, for use in certain situations, involve the use of fairly narrow roads such as Cann Hall road, and an increase in traffic could cause serious problems for police transport accessing the Olympic site. Mixed messages about transport have been given to the public in east London. An Olympic planning document states that there will be a traffic downturn during the games, although I cannot imagine what evidence that is based on. Local businesses, on the other hand, have been clearly told that they should expect a rise in the volume of traffic. Both cases seem to have been put forward as an argument for building the police muster centre, so I would be grateful if the Minister could tell me which is correct. Is there going to be a downturn or an upturn in traffic? How will that answer back up the argument for the creation of the muster centre?

On compensation, I have to say that £170,000 is a paltry amount to pay for the site. The rent on an equivalent brownfield site in the south-east of England for a period of 90 days would be in the region of £1.5 million. Wanstead Flats are obviously not a brownfield site, and an equivalent site would cost nearer to £3 million to rent for that period, yet the City of London corporation is perfectly content to say to the Metropolitan police, “We’ll take 170,000 quid.” That is an absolutely pathetic amount of compensation, especially as far as local people are concerned.

[Stella Creasy]

It is estimated that the land will be out of use for at least six months while the vegetation recovers, yet we will get no recompense for the lack of use of that common land for all that time.

[John Cryer]

I thank my hon. Friend for making that very good point. I will touch on that further in a minute.

Three consultations have taken place, as has been mentioned. One was a straightforward planning consultation conducted by Redbridge council, the local planning authority. The Metropolitan police consultation was one of the most bizarre that I have ever come across. It could be accessed only online, so none of my constituents could write a letter to the Metropolitan police. They had to make their submissions to the consultation online and it dealt only with specific questions. I believe that those factors alone should render that consultation null and void, because it was not a proper consultation. It was conducted entirely on the Metropolitan police’s terms, and it excluded an awful lot of people in my constituency who do not have access to the internet.

The Home Office consultation focused on section 34 of the Epping Forest Act 1878, which was a bizarre way to go about it, given that that section ceased to be in force in about 1882. I would have thought that someone might have spotted that. The section of the Act that the consultation should have dealt with is section 7, which I want to quote in full. It states:

“Subject to the provisions of this Act, the Conservators shall at all times keep Epping Forest uninclosed and unbuilt on, as an open space for the recreation and enjoyment of the public; and they shall by all lawful means prevent, resist and abate all future inclosures, encroachments, and buildings, and all attempts to inclose, encroach or build on any part thereof, or to appropriate or use the same, or the soil, timber, or road thereof, or any part thereof, for any purpose inconsistent with the objects of this Act.”

It is difficult to argue that that is in any way ambivalent. It is absolutely crystal clear: that building on Wanstead Flats or in Epping forest—the Act covers the whole of Epping forest—was intolerable to Parliament at the time.

The Legislative and Regulatory Reform Act 2006 is being used for the first time to attack the central purpose of legislation from a past era. The 2006 Act has been used in the past to make what can now be seen as relatively minor amendments to legislation, but here it attacks the central thrust of the 1878 Act because it undermines section 7—the whole basis of the legislation. The purpose of the 2006 Act was to remove regulatory burdens, but in this case, it is about removing protection—protection afforded to the people of east London since 1878.

This should never have gone ahead and it has probably happened because of all the mistakes made during the consultations. It is almost certainly vulnerable to judicial review if anyone wanted to take up that case. There are, however, one or two guarantees that we need to secure from the Minister at the end of this debate.

For a start, we need a guarantee that the muster centre will be gone after 90 days. The original plan was for 120 days; it was then cut to 90 days, so we need an absolute guarantee that the police’s muster centre will last for no more than 90 days. Secondly, the Minister has already touched on this matter, but it needs to be made absolutely clear that this will not set any precedent. We are potentially amending primary legislation, which could be used in future court cases to set a precedent that might allow developers to build on Wanstead Flats. That needs to be dismissed absolutely so that in future court cases, today’s proceedings can be cited and developers told clearly that the Government had no intention of creating a precedent.

We also need guarantees that the order will be complied with to the letter and we need to know how the consultation on the disposal of the £170,000 will be conducted. Who will be consulted, who will run the consultation, and who will make the judgment that the land has been returned to its original use and its original state? I can feel an Adjournment debate coming on at some point in the future if we are not satisfied that all the criteria are being met. In the meantime, I leave it to the Minister to answer these questions.