Localism Bill
Debate between Lord Cameron of Dillington and Lord Reay
Lord Cameron of Dillington
I accept that there are other community assets. As I said, I think that the open-space community assets could be dealt with in other legislation. However, the provisions are ultimately about a change of use rather than the disposal of what is a community asset. I accept that I speak for rural communities, but I think that one of the main purposes of these clauses is to protect, alongside urban community assets, rural community assets such as the village shop and the village pub. In any case, I think that my comments here apply equally to urban properties.
I urge the Government to rethink this whole chapter. I look forward to hearing the views of others.
Lord Reay
My Lords, as this is the first time that I have spoken at the Committee stage of the Bill, I would like to declare my interest as a landlord and landowner.
I have put my name down to remove all the clauses in Chapter 4, so I would like to speak to all those clauses collectively, but in fact I would not want there to be nothing in the Bill on this subject. The Government have made too big a political commitment for that. Nevertheless, I have always understood that the original political interest and intention was to make sure that local communities are given a chance to intervene to try to keep going a village pub or post office or shop or public library that has been threatened with closure. Despite what the noble Baroness said, the intention goes slightly further but not much further than that. When Ministers talk about the proposals, those are the examples that they generally give—my noble friend the Minister did the same on Tuesday.
However, the Bill goes vastly wider than that. In the first place, everything would have to be listed, as the noble Lords, Lord Greaves and Lord Cameron of Dillington, have emphasised. The Government have completely glossed over the implications of that. As the noble Earl, Lord Lytton, explained on Tuesday, this would be an extremely time-consuming operation. Every local authority would have to take on someone to list all assets of community value. My noble friend Lord True, sitting beside me, on Tuesday said that he thought that his council would need two extra staff. A cheer must have gone up in the Guardian newspaper’s advertising department upon seeing this provision in the Bill.
Secondly, almost any sort of asset could, by a creative council employee, without even being mischievous, be considered to have community value. Any sort of business which employed people who lived in the locality could be argued to promote or improve the economic well-being of the local community. Any cherished landmark, any listed building—although not, as the Minister tells us, if it is a residence, as regulations will prevent that—and any popular view, even, could be argued to promote the environmental well-being of the local community.
Thirdly, I should like to ask the Minister about the degree to which the provision is limited to assets of which the community has already enjoyed the use. Could a piece of ground that in someone's eyes might make a nice football pitch, cricketing pitch or playground be listed? Could it not be argued that the prospect of enjoying the use of a certain building or piece of land had contributed to the well-being of a local community?
Fourthly, the point of sale—here, I take up the point emphasised by the noble Lord, Lord Cameron of Dillington—is not the point at which local interest and local involvement should be triggered; it should be change of use or the threat of change of use. A pub can change hands and still remain a pub, but if an owner wants to redevelop it, then the community should have the right to bid. Change of use should trigger the right to bid—ditto with post offices and village shops. Could not this be done in a way that tied in with existing planning powers?
As it is, we have a snooper’s charter which could lend itself to all sorts of inventive arguments and practices, and which would surely result in landlords and landowners who have willingly made facilities available in the past less likely to do so in future for fear of having such a restriction placed on their property. They would want to avoid a situation where, whenever they might want to sell or transfer their property, this blocking mechanism could arise to impede and, in practice, prevent the transaction. On Tuesday my noble friend Lord Moynihan explained in detail how this could have massive adverse consequences for the provision of land and buildings for recreational and sporting use by private landlords in private agreements with local communities throughout the country.
Many amendments have been put down that deal with one or other part of the objections which I have mentioned, but none deals with all of them. I liked the amendment proposed on Tuesday by the noble Lords, Lord Greaves and Lord Tope, which would have required assets to be businesses. Unfortunately, when she wound up the debate, my noble friend the Minister said that she did not like the amendment and wanted to include more than just businesses. I am not sure what specific assets she had in mind but the examples that she and her colleagues tend to give are of businesses.
I also liked the amendment of my noble friend Lord Jenkin of Roding, which would have required that land to be listed needed the consent of the owner. Again, my noble friend the Minister did not like that; she said that no private owners would sign up. That in itself is a bit of a giveaway. She and her officials know that they are imposing on landowners something that they will not like.
Unless landowners see a way of providing facilities of whatever sort on their land to local communities without incurring the risk of the land or building being listed as of community value, with all the nuisance that that could bring, I foresee that supply drying up. That would be a huge tragedy. It would be a great folly, if the outcome were likely to be so counterproductive, to allow the Bill to be enacted with this part of it unamended.
Ministers have so far not come up with anything that remotely measures up to the numerous and serious objections to this part of the Bill. However, they have certainly listened to us, and I hope that something can be achieved during the Recess if not before. Meanwhile, I shall follow carefully other amendments which we are about to come to. I certainly liked what I hope may be an amendment that the noble Lord, Lord Cameron of Dillington, mentioned towards the end of his remarks.