Lord Cameron of Dillington
Main Page: Lord Cameron of Dillington (Crossbench - Life peer)My Lords, we keep coming back to the same issue. I take the point that we probably need to look at the narrowing of the classification but by doing that we will still have to look at what would not be caught, which is what these amendments address. I heard the rant by my noble friend Lord Hodgson and I do not suppose for a moment that he expects me to say anything other than that we have heard what he said. I will deal with all the points raised but I should like to say from the outset that we are quite sympathetic to looking at this again.
On the government amendments, I have already said that we are sympathetic to the intention of Amendment 144A. We understand the concerns of some rural landowners who are already making their land available for periodic community use. It is certainly not our intention to discourage them from doing so. Where a listed asset forms part of a larger piece of land, we recognise that to delay the sale of the whole estate would in most cases be completely disproportionate. I am happy to confirm for the noble Lord that we will have a look at this, which complies with my previous commitment.
As set out in our consultation document, which I am sure everyone has read from cover to cover, we intend to exempt a range of different types of disposals that do not impinge on the intended aim of a policy. We have already indicated our intention to exempt disposals of land due to inheritance and gifts, and transfers between family members, in light of responsible consultations. I think that that encompassed everything put forward by the noble Lord, Lord Gardiner. But in hoping that we have a little time before the Recess and Report stage to discuss these issues, I am happy to say that we will reconsider or consider those with him and other noble Lords concerned.
Amendments 143, 143ZA and 144 would exempt the disposal of business-to-business transactions where there was no risk to the continuation of the business. Earlier, I mentioned that we understood that the use of a power might stay as the use of a power but if it was sold between two companies we would not expect that to be caught up in the community asset ability to buy.
However, we are slightly afraid that the amendments could have some unintended consequences and would create more confusion than clarity, which a number of noble Lords seem to think this is anyway. We are not sure what the terms “risk of closure” and “business” mean. We are prepared to look at these again and discuss them with noble Lords to see whether we can avoid any further unintended consequences that would impact on the aim of the policy. I hope that the noble Lord will withdraw his amendment.
My Lords, I support the amendments in this group. I put my name to them but was too late to get on the Marshalled List. I support them not because they are necessarily the right amendments—as the noble Lord, Lord Jenkin, said, the wording could be different—but because I believe strongly in the principles of sustainable development. In the old days it was called “stewardship”. Probably the most important thing that we can do in our short stay on this planet is to leave it in as good a condition as it was when we arrived—or, one hopes, better.
The great thing about the principles of sustainable development is that they can cater for short-term needs such as today's economic recession, but also ensure that the best solutions will look after today's and tomorrow's needs of people, of the countryside and of the environment that surrounds us all. We must plan—as most farmers farm—as though we are going to live for ever.
We can be justifiably proud of the planning system in England. I say “England” because it is the fifth most densely populated country in the world, yet we still have some of the most sensational countryside in the world, including our national parks, our AONBs and our coast. Who has not revelled in the TV programme of that name? Even some of our ordinary, unremarked villages, dales and copses are an integral part of our historical culture. We must not damage them.
Bill Bryson once wrote a foreword to a booklet on the English countryside. I know that because I wrote a co-foreword to the booklet. Noble Lords can imagine which foreword was the most readable. In his, he said that one of the unique features of the British countryside was that it was almost certainly the most loved countryside on earth. I believe he is right. Therefore, politically this clause has huge support from the vast percentage of our population, including most business leaders. The clause is in no way anti-business and anti-development. It merely incorporates a different way of thinking about progress.
The other reason I support the principles behind the amendment is that it would give certainty to all sides involved in the planning system and would endure. I spoke at Second Reading, and will do so again in Committee, about the necessity for a framework of rules to underpin our planning system and make it effective so that everyone will know where they stand. There is no doubt that the existence of a clause such as this would be a central pillar of such a framework.
What would happen if a local development framework or a neighbourhood plan—or even a strategic impact assessment, if I have my way later—is not ready on time or is not renewed when it should be? The existence of a clause such as this could be an important safety net. Its principles could be a satisfactory guide for the planners of the day and it would provide a framework within which we would all understand the principles on which our planning system operates, in the absence of a detailed local context. Therefore, I urge the Government to accept this or some other similar proposal.
My Lords, I am very happy to support the amendment and to follow the noble Lord in much of what he said. Amendment 147FC is very important. I feel a bit like a sinner saved, because I remember the many arguments that I marshalled in relation to the 2008 Act about why it was very difficult to put such a clause in the Bill. I hold my hand up and say that it is absolutely right that we do so in this Bill and make it good.
It is very timely to start with a positive definition of the purpose of planning. Planning gets a bad press. It is misunderstood, and most of the time people come across the planning system because it stops them doing things—or they assume that it will. A positive definition stating that its purpose is to achieve sustainable development is very important now.
Perhaps the Minister will say that the amendment is not needed and ask what other purpose planning could have. However, it is because the purpose of planning is obscure that we need a definition. We need it precisely because of the limitations on the definition of sustainability that the Government offer in their presumption in favour of sustainable development. We need a consistent definition that does not retreat from the Brundtland definition, and I believe it is time that we had a legal definition in the Bill that reads across to other legislation.
The noble Lord, Lord Jenkin, has already referred to the pressures in the system. There is pressure on land, the greatest non-renewable resource we have, for housing, employment, green space, aggregates and all the things we need increasingly urgently for a growing and ageing population. We need to balance land for housing and all those other demands within a framework that is trustworthy and transparent and works. Like the noble Lord, Lord Cameron, I believe that in England we have a planning system that works. A statement that planning is there to sustain the needs of the community within environmental limits serving the well-being of society alongside a sustainable economy is extremely timely and welcome, but the amendment becomes crucial when you set it alongside the limitations of the definition set out in the presumption of sustainable development as published by CLG. When you read it and follow its logic, it destabilises the careful definition of sustainability offered by Brundtland.
This amendment lays a responsibility on our generation not to put at risk future generations in the way we use our resources. Anything that moves away from that balance is extremely regressive, out-of-date and out of tune with what most people want, and that includes the business community. My experience is that good business leaders know that economic growth and sustainability are not incompatible. Indeed, good planning plans for both because they are symbiotic. The argument that growth and sustainability are interdependent is no longer a minority interest or a minority argument. It is mainstream in what planning is trying to do and what the economic and business community is trying to do in terms of its own future. It does not make sense to invest in unsustainable development, and to collude with the notion that there might be a conflict between growth and sustainability is rather irresponsible at this point. If we move to dilute that, we move the clock back and deny credibility to those who do not believe that climate change is a reality, and we undermine effective planning.
However, I agree that the amendment is not perfect. Few amendments are. The text serves very well in terms of its principal definition. I am confident that the Minister is going to accept the amendment or, at least, that he will take it away for further consideration. I have to put on my hat as chair of English Heritage and declare an interest. I believe that the definition can be improved. I would like to see inserted a reference to sustainable development meeting the social, economic and cultural needs of the present. I believe that takes on board the entire well-being that is represented by our landscapes, our historic environment and all the things that make places work for people and make our country so special. I believe that definition of cultural will give depth to the purpose of planning, bring in the nature and wealth of our built environment and give it protection. I hope that Minister will be very pleased to accept the amendment when he replies.