Localism Bill

Debate between Lord Gardiner of Kimble and Lord Cotter

Thursday 7th July 2011 Lords Chamber

[Lord Cotter]

My Lords, I will speak to Amendment 143ZA. There is an overall concern that the Bill is sometimes aimed at property rather than at the services provided. Surely it is vital for our local communities that there is a good provision for local needs. It is fair to say that in this country—many noble Lords have spoken about this—too often, for various reasons, local shops and services have been lost. I cast my mind back—I thought it was 10 years ago, I have now written “20 years” but actually it was 25 years ago—to when I was a councillor. I thought it was not that long ago. Supported by local people, I managed to get our local council to realise that a local parade of shops was at risk of being turned into a parade of building societies and offices. Fortunately, we were successful in getting the matter addressed at that time.

Under the Bill, if a business intends to sell, say, a community shop as a community shop, that will be welcome, and would be welcomed by local people. The amendment inserts,

“unless the relevant disposal will be the sale of the land privately to another business for the same use as when it was listed as an asset of community value”.

[Lord Gardiner of Kimble]

My Lords, I will speak to Amendment 144A in my name and that of my noble friend Lord Cathcart. The intention is to set out explicitly some types of disposals of land that should be exempted from the moratorium rules and that would therefore not require notification to the local authority. I am very aware of many discussions that noble Lords have had about seeking a positive result from what we do. I hope that the amendment will produce some harmony, because there are legitimate concerns from owners of private property.

New paragraph (a) proposed in Amendment 144A would exempt from the moratorium disposal of a listed asset where the asset forms part of a larger site that is held as a single legal estate. The intention is to avoid delaying the sale of a larger piece of land or an estate if one small part of it has been listed as an asset of community value. New paragraph (b) would exempt other types of disposals of land, such as bona fide gifts following a philanthropic donation, transfers between members of the same family, made as either a gift or a sale, land passed on by inheritance, transfers between associated companies or companies in the same group, and transfers between trustees or partners in a firm. Indeed, there may be other exemptions that other noble Lords are more aware of. The intention of this amendment is to avoid any disruption to internal transfers between business partners and trustees. It would not interfere with the rights of landowners to pass their land on to future generations.

Localism Bill

Debate between Lord Gardiner of Kimble and Lord Cotter

Tuesday 5th July 2011 Lords Chamber

[Lord Cotter]

My Lords, first, I thank the Minister for her comments. There is no question that I and many noble Lords engaged in the Bill, as well as those outside this Chamber, support the intention to support local communities by giving them a chance to have their say. This amendment has a particular point to make on behalf of businesses. It is designed to ensure that no private assets are put on the list. The fear is that, once a private asset is put on the list, it possibly will have an effect on the market value and thus make it more difficult to sell. That would be very discouraging and could tangibly affect not only the business people but the community as well, and have a negative impact on both the community and the owner of the business.

Local people might wish to list a very much appreciated local shop for fear that the owner might sell it on for use as flats or offices and deny the community a valuable asset. People could be overzealous perhaps in what goes on the list—I will be very interested to know what the Minister thinks of this—and will try to protect their much valued shop in this case. Of course, it can have a counterproductive effect on future businesses and they may feel that they could have, if you like, the rug taken from under them. I hope the Minister can understand what I am saying and can respond to this concern. The idea is to maintain the many things people would like to have in the community but at the same time to protect the property owner because the market value could be adversely affected.

[Lord Gardiner of Kimble]

My Lords, I want to speak to Amendment 136ZD in my name and that of my noble friend Lord Cathcart. My noble friend the Minister is aware that I raised reservations at Second Reading about this part of the Bill and the unintended consequences affecting private owners who allow their property to be used for community use. I thank my noble friend for her explanation earlier because it starts to clarify the intentions. However, the intention of this amendment is to provide greater clarity and also thereby allay justified concerns with a definition of an asset of community value and to provide clear guidance to local authorities, which is essential if we are to avoid confusion and unnecessary legal action which could be the case if we do not get this definition right.

I also think that we should strengthen the tests which have to be met in relation to nominations for the community asset register. We should firm up and define what is intended by community value. The primary requirement in all cases should be that assets of community value must promote social well-being through their past or current use. There should also be a secondary requirement, where local authorities consider it appropriate, of furthering the economic and environmental well-being of the community.

The amendment sets out the various factors that local authorities must take into account: current use; planning policies that affect the asset, which could include planning permissions already in place; what the nominator is proposing to use the asset for; evidence of wider support for the nominator’s proposals within the community; where there may be another site in the locality which could serve the same purpose. I think very much of the local library that might be closing but another publically owned property could be used for that purpose.

However, in accepting that exclusions from the listing will need to be in the regulations rather than in the Bill, the key one is that most residential premises must be excluded from listing. I say most because I can understand the asset where there is a pub where the living accommodation is secondary to the purpose. I am persuaded that village shops, post offices and pubs should be assets, which if communities wish to bid, they should be in a position to do so.

There are so many examples of private individuals enabling communities to use part of their residential premises and it is essential that the regulations make it absolutely clear that these premises are not included. I therefore hope that my noble friend the Minister will give this amendment due consideration and bring back on Report a comprehensive amendment on the definition of an asset of community value. As far as I am concerned the test will be that private owners will not in any way be advised that it would not be sensible for them to continue to allow their assets to be used by the community. If we do not get this right the net effect will be negative whereas what we are seeking to do is a positive thing for many communities.