(11 years, 9 months ago)
Lords ChamberMy Lords, I declare an interest in this matter, as I live in the South Downs National Park; indeed, I have lived there for a great many years. I was pleased by and interested in what the noble Baroness, Lady Parminter, said, which I strongly support.
Under subsections (1) and (2) of Clause 8, the Secretary of State can make regulations that will override the duty on the national parks to conserve beauty, from the 1949 Act, in favour of promoting economic growth. The same applies to the duties of the public authorities in the Countryside and Rights of Way Act 2000. What does this mean? It means a tremendous falling off of the power and strength of national parks, to be taken over by the relevant Minister.
In that connection, I cite one instance from my area. A year ago, E.ON submitted a planning application to run a cable from near Worthing—where it will emerge from the sea, connecting 100 wind turbines that are to be built about seven miles offshore from Seaford—to E.ON’s substation in Bolney, some miles from Brighton. This takes away from any real strength on the part of the South Downs National Park. It is proposed that the cable will be laid across the downs; it will be put underground. After some discussion with the national park, the application was called in by the appropriate Minister, as provided in law, on the grounds of its importance in the national interest. Surely that shows, sadly, the way in which we are going.
I remind noble Lords that the South Downs National Park was only a consultee on the application and now has no planning authority on it at all. As a consultee, the park authority pointed out that the cable did not serve the park’s two statutory purposes: first, to conserve and enhance natural beauty, wildlife and cultural heritage; and, secondly, to promote opportunities for the understanding and enjoyment of the park’s special qualities. All of that has gone. Instead, it will be up to the Minister to respond in the way that he thinks appropriate.
It is clear to me that an applicant seeking to run power lines across the South Downs will now have a fair chance of doing so, notwithstanding the level of protection that Parliament gave to the national park in the 1949 Act. If I am right about the Minister being allowed to take the decision away from the park authority, the process will be made so easy for him that I wonder why he needs Clause 8 in the Bill at all. This is therefore a matter for clear, keen thinking. Surely we do not want to remove the power, actions or knowledge from national parks and put them into the hands of Ministers when, frankly, they may not really know very much about the job.
My Lords, I come to this clause and this group of amendments entirely from an economic perspective. I am very much in favour of greater economic growth for our countryside because, frankly, all too often our rural deprivation is ignored, and I am as keen as anyone that entrepreneurs and businesses should be given all the help they need to thrive throughout rural England. It goes without saying that broadband and all the modern means of communication are a crucial godsend to the diversification and profitability of our rural economy. However, I have also always believed that the economy of our protected areas, such as the national parks and AONBs, is very much dependent on their beauty. Not only do these areas attract tourists and other visitors who spend their money there—indeed, because of these protected areas our national economy attracts visitors who spend their money in this country generally while going to or from those areas—but their beauty affects the valuable branding of all the businesses within the designation.
The economic benefit to these businesses depends on the retention of the beauty with which the area is associated. Branding could obviously affect agricultural or food products—South Downs lamb, for instance, and Exmoor ale. It could even affect other products such as dales furniture and so on. Brand names are important in marketing; if they inspire visions of beautiful countryside and fresh air, as cool as a mountain stream or whatever, then they are also very valuable. It seems right that for economic reasons, as well as for social and environmental reasons, we should truly protect our protected areas. We must never allow them to be nibbled away at in the way that this clause seems to be doing.
This is not to say that anyone is trying to prevent modern economic activities in our national parks—indeed, far from it: the national parks authorities have a statutory duty to promote the economy within their territories. In this case, that is exactly what they seem to be doing. As the noble Lord, Lord Adonis, said, 97% of the 392 applications for prior notifications on overhead wires and cabinets have been approved. The current system allows for meaningful discussion about where and how they should be introduced. If in 97% of cases an agreement has been reached, I see absolutely no benefit in changing the current situation. I am quite happy to make the current, meaningful discussions statutory or mandatory, as proposed in some of the amendments in this group, but it seems to me that economic progress is already being accommodated in our national parks. At the same time, the crucial purpose of our protected areas as valuable heritage and economic assets is being protected, so we should leave well alone.
(12 years, 1 month ago)
Lords ChamberMy Lords, are the Government aware that the cost of transport to the Isles of Scilly is four times more expensive than that from the mainland to the Scottish islands over an equivalent distance? As a result, businesses and the tourist industry in the Scilly Isles are suffering badly and are in rapid decline when compared with those industries in the Scottish islands. The total absence of a ferry service, as already mentioned, between November and March means that running a business or even leading a normal life is becoming a pretty precarious enterprise in the Scilly Isles.
My Lords, I have read carefully the report produced by the Council of the Isles of Scilly comparing transport services to the islands with those of Scotland. It is a well written report, but I would point out that the situation in Scotland is different because it involves much more complicated and wide-ranging services that cannot be operated on a commercial basis. At the moment, the service to the Isles of Scilly is operated on a commercial basis.
(13 years, 1 month ago)
Lords ChamberMy Lords, I rise to speak to my Amendment 203ZA and to ask one or two questions about the Government’s new amendments and proposals. However, before doing so, I should like to thank the Government for listening to the debate and to the concerns of this House in Committee, and for listing to the numerous comments they have received from outside bodies. In particular, I thank the noble Baroness for her understanding and flexibility throughout all this. While I am not totally satisfied with what we have now, it is fair to say that we can work within the rules that she has set out. I still think that the red tape is a good example of what all Governments do, which is to go over the top. However, the Government having moved so far and the fact that we have had extensive debates, we—or certainly I—will accept where we are now.
My amendment is designed to pre-empt the regulations that, I gather, will give the landowner only 28 days to appeal for a review of the nomination of his or her asset. This is a short period in which to prepare a case and supply the necessary evidence. Such haste is not warranted because such a review will probably take place at a time when the assets are nominated rather than when an asset is about to be sold. Therefore, there is unlikely to be any real urgency at this time.
More importantly, the asset is actually on the list until it is taken off and the community’s interests therefore remain protected during any pause, and thus a delay is to the community’s advantage and not the landowner’s. It is therefore right that the latter should have more time to prepare their case for appeal. In my amendment I have suggested a period of 60 days. I hope that the Government can agree with me.
I have three questions on the proposals put forward by the noble Baroness—actually, my third question relates not to those proposals but to part of this chapter. My first question relates to Amendment 202H on nominations from voluntary or community bodies with a local connection. I am concerned about the use of this provision and the possibility of vexatious claims, nominations and proposals. There need to be firm rules to prevent them. I realise that these rules will, I hope, be forthcoming in the intended regulations, but I was hoping for some indication of the Government’s thinking at this stage. How longstanding does a group have to be before it can put forward a nomination? How many people have to be involved? Is there a percentage of the population of the community who must be involved? Do they have to be registered as charities, or if they are sports organisations or other clubs, do they have to be affiliated to a regional or national body? What is to stop a husband and wife or two neighbours forming the “Ambridge Tiddlywinks Society” today and trying to register a piece of land tomorrow? I hope that the Minister can provide helpful words of wisdom on that.
As to my second question, what is the reason for the Government requiring lists of unsuccessful nominations? I am not complaining about that but I want the reasons to be spelt out for me. Is it to put that land definitively beyond the reach of any community group and to make that knowledge public, or is it to announce to the world that this land nearly made it and maybe next time, with a bit of careful rewording, it will make it? If, as I hope, the latter is not the case, why remove the nomination from the failed list after a period of five years, as opposed to there having to be a change of circumstances involved—which would seem to be a much better way forward?
Finally, I refer to Clause 80(6)(d), which states that regulations will provide for appeals against an adverse review of a decision to nominate an asset. As I understand it—I am not sure that this remains the case, but I have seen it somewhere—the appeal will be judged by the same council that carried out the review in the first place. This must be wrong. Everyone knows that whenever possible a local council, or for that matter any other body, will favour its own team against an outsider. Would the Government be prepared to rethink that proposal? Would they be prepared to consider an independent outside body to look at such further appeals against a decision on review, and to state now clearly on the Floor of the House that the regulations will affirm that?
(13 years, 8 months ago)
Lords ChamberMy Lords, the noble Lord will appreciate that the Scottish shipping operations are much more complicated than the service to the Isles of Scilly.
The situation is even worse than the noble Lord thinks. The helicopter company that provides the link between Penzance and the Scilly Isles has just sold its Penzance airport to Sainsbury’s and has yet to find another site.