Neighbourhood Planning Bill

Debate between Lord Cameron of Dillington and Duke of Somerset

Committee: 3rd sitting (Hansard): House of Lords
Monday 6th February 2017 Grand Committee

[Lord Cameron of Dillington]

My Lords, I would like to add my voice in support of this amendment and to repeat the point made by the noble Baroness about the comparison of ancient woodlands to, say, a grade 1 listed building. I will take an example local to me, which is Wells Cathedral in the county of Somerset. It is irreplaceable. However much money you have, you cannot replace it. If you destroy it, whatever you put in its place could never be the first English Gothic cathedral built on a Saxon minster. That is the real wonder of Wells, apart from its magnificence and splendour as a building. Similarly, we cannot replace an ancient woodland. Whatever is put in its place, it will never be a pre-industrial 500 year-old to 10,000 year-old woodland with all the naturally developed species and habitats that tell the tale of the specific centuries it has lived through. Even if a newly planted woodland were to survive for 500 years in this fast-moving world, it could never be the same as one which may never have been planted at all, but just emerged from the residue of the last Ice Age or the wastelands of a Viking, Saxon or Norman wilderness. Such woodlands are irreplaceable and this amendment needs to be supported.

[The Duke of Somerset (CB)]

My Lords, I understand that Amendment 46 is not central to the thrust of the Bill but it will definitely improve it, although perhaps as a bit of a side issue. The amendment seeks to do more than just preserve ancient trees, of which we have heard so much about and which are extremely important; in subsection (1)(d) it also provides for new plantings. The need for trees on development sites is extensive in order to improve the otherwise sterile environment that is often found on a new estate.

Trees improve the townscape by breaking up angular building forms. They bring colour in season, they screen unsightly views and enrich biodiversity and habitats. They benefit insects, birds and mammals, and provide a source of nectar for bees which are currently under much pressure from chemicals. They also provide berries for wildlife. Trees conserve energy by providing shelter and shade from the wind and the sun. They absorb pollution and particulates and thus improve air quality, which is an increasing urban problem leading to ill health and sometimes death. Trees can provide educational tools for schools in order to develop environmental awareness and conservation skills. The list of benefits is long and worthy—from the abstract by reducing human stress, to the practical by absorbing and mitigating the risks of flooding and erosion, as we have heard.

However, trees have to be managed and there are health and safety aspects to be addressed. For example, branches can sometimes shed without warning, but these are not too difficult to manage. If we had more trees, children might even rediscover the joys of climbing them and they might learn to respect and not to vandalise their own communities by damaging the young plants. This alone can foster strength in communities and reconnection with neighbours.

If carried, this amendment would add greatly to the Bill in an inexpensive and non-critical way. I commend it to the Committee.

Housing and Planning Bill

Debate between Lord Cameron of Dillington and Duke of Somerset

Monday 25th April 2016 Lords Chamber

[Lord Cameron of Dillington]

My Lords, I rise to support the second amendment in this group, Amendment 128YAR, on the duty of care where compulsory purchase powers are involved. I do so from personal experience. Some 25 or 30 years ago, I had the Ilminster bypass through my farm. It was part of the improvements to the A303, which I strongly supported. I still strongly support more improvements to the A303 and hope we shall get them. As a supporter, I expected to be an equal partner in the process, the scheme and the negotiations, but I was left in no doubt that, it being a compulsory purchase, I had little or no say in the way the project was developed over my land. I am talking not about engineering schemes, although I disagreed with it being downgraded from a dual carriageway to a very dangerous three-lane single carriageway, but about things such as on-site planting and off-site planting, where, as a fairly knowledgeable forester, I was definitely considered inferior to their expert and largely ignored. There needs to be rebalancing with an obligation on the purchasing agents and the acquiring authority to treat their customers with care. There is a very real danger of property owners, who include householders, businessmen, farmers and others, being bullied and bulldozed by the acquiring authority. It is not necessarily always an agent of the state; it can be a privatised authority. In essence, as an owner, you are over a barrel. Everyone knows it and that whatever the acquiring authority wants, it can pretty well get, whatever the views of the owner or householder involved. To avoid the acquiring authority riding roughshod over those it should be treating as customers, we need this duty of care to be introduced.

[The Duke of Somerset (CB)]

My Lords, I, too, support these amendments in the name of my noble friend. I thank the Minister for making some good progress with the arguments I put forward in Committee. We are going to see that in the amendments that are about to be moved. On interest rates for late payments, it would be good if the Government could commit to monitoring the success of the penal rates of interest for securing payment of compensation before entry. That would be very helpful.

These concessions still leave two topics unresolved from the group that I spoke to in Committee. First, on NSIPs, which are covered by the first amendment in this group, the Government are arguing that the landowner will get only current use value rather than development value for up to 500 homes with no functional link to the project but situated within one mile of it. This is confiscatory. I again ask the Government: who will benefit from this largesse? Is it the house purchaser or, probably more likely, the infrastructure provider? If it is the latter, this surely demonstrates the unfairness of the idea. The principle of equivalence loses coherence when applied as I have just mentioned. A farmer or landowner may have several tens of acres removed from his holding by this means, leaving his business unsustainable as a result. Existing use values would be unlikely to allow him to purchase elsewhere to rebuild his business, especially after the considerable costs he is bound to incur. In effect, the acquirer is giving himself planning permission to take land at lower value, develop it and gain a large financial uplift at the expense of the original owner. At the same time, it would ignore local plans and local neighbourhood plans.

I turn to the second amendment in this group, relating to a duty of care. In Committee, the noble Viscount, Lord Younger, on behalf of the Government, said that,

“claimants should be treated with fairness … and kept up to date”,

and that,

“competent professionals should be advising their clients to act in this way”.—[Official Report, 23/3/16; col. 2451.]

The word “should” appears again and again. This is not the same as “must” or “shall”. Similarly, to my mind the word “urges” in this context is not strong enough.

I do not really understand why the Government should wish to deny Amendment 128YAR, which would merely strengthen and make mandatory the points that the Minister advocated in Committee. Clear guidance would not give those people subject to compulsory purchase orders the comfort that a compulsory duty of care, as incorporated in this amendment, would deliver. It would also provide a benchmark by which to judge whether an acquiring authority was behaving fairly and reasonably. I ask the Government to consider carefully accepting both these useful amendments.