Levelling-up and Regeneration Bill

Lord Harlech Excerpts

Committee stage
Monday 24th April 2023 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, my noble friend Lady Bakewell of Hardington Mandeville was unable to remain in your Lordships’ House to this late hour and has passed me some notes to which I will speak, if that is okay. She wished to speak in particular to Amendment 289, to which she added her name, and wishes the noble Lord, Lord Randall, a speedy recovery.

As others have said, the wild belt definition was proposed by the Wildlife Trusts. Any Government committed to nature recovery, biodiversity and our environment ought seriously to consider what they have to say. As we all know, biodiversity is at an all-time low. Our previous desire to see neat and well-kept hedgerows, farmland and gardens has had a devastating effect on our wildlife, of all types and sizes. To help biodiversity recover, it is necessary to ensure that areas of the countryside, both rural and urban, are maintained in a “wild” state. These will be included in the local nature recovery strategies for each area and easily identified in these plans.

A wild-belt area must be protected as such, from planning use and planning decisions. It is too easy to refer to a piece of scrubland as unsightly and of no particular use and to concoct a plan to turn it into something else. This misses the point altogether. That which is wild—and therefore unsightly, in the eyes of some—is likely to attract wildflowers and insects and become the home of small mammals and birds, all of which will increase the biodiversity of an area and protect and enhance nature’s recovery.

The Environment Act makes provision for the creation of local nature recovery strategies. By ensuring that wild-belt areas are included within these strategies, we can protect them from predatory development. They can, however, be used for farming and other land uses which will protect and not hinder nature recovery, such as nature-friendly farming and habitat restoration for carbon offsetting.

Amendment 386 in the name of the noble Baroness, Lady Hayman of Ullock, also proposes wild-belt designations by local authorities, which would enhance the local environmental outcomes reports. Everything possible must be done to ensure that biodiversity is increased across the country. I support Amendment 386 from the noble Baroness, Lady Hayman.

[Lord Harlech (Con)]

My Lords, as this is the first time I have spoken in Committee on the Bill, it is probably appropriate that I declare my farming and land management interests, as set out in the register.

I turn to Amendment 289 in the name of my noble friend Lord Randall of Uxbridge, and so eloquently introduced by the noble Baroness, Lady Jones of Whitchurch, and Amendment 386 in the name of the noble Baroness, Lady Hayman of Ullock. I thank all noble Lords for laying these amendments and provide assurances that I share the same view as my noble friend Lord Caithness on the importance of helping nature to recover.

While these two amendments both refer to wild belts, they take somewhat different approaches. I will begin by addressing Amendment 289, which seeks to secure a land designation of a wild belt. This would provide protection for sites being managed for nature’s recovery, identified through local nature recovery strategies. I thank noble Lords for the recent constructive debate on local nature recovery strategies, which covered quite similar ground. As my noble friend Lord Benyon reassured the Committee, the Government share the desire for local nature recovery strategies to be reflected appropriately in local plans so that the planning system can play a more proactive role in nature recovery. This is something we committed to explicitly in the recent environmental improvement plan.

Where we differ is on the necessity of making amendments to this Bill to achieve this. Instead, we will rely on existing duties created under the Environment Act and the guidance which the Government have committed to produce. The language of this proposed amendment—to “act in accordance” with a new designation based on the local nature recovery strategy—would be more binding than previous amendments. While the Government are determined that the planning system should play an important role in nature recovery, the system still needs to balance this priority with other priorities. Requiring, in legislation, that planning must “act in accordance” with plans for nature recovery would hamper the ability of planning authorities to strike this balance.

Last month we published the regulations and statutory guidance needed for responsible authorities to begin preparation of local nature recovery strategies. We are now working to put in place the guidance on how local authorities should consider LNRS in their local plans. This will be published this summer and will deliver on the commitments we have made. Therefore, while I appreciate the intention of Amendment 289, the Government are not able to support it. I hope that the noble Baroness, on behalf of my noble friend, will be able to withdraw it.

Amendment 386, in the name of the noble Baroness, Lady Hayman of Ullock, would require the Secretary of State to publish draft legislation to allow local authorities to propose wild-belt designations for the purpose of improving the results of environmental outcome reports. EORs sit alongside the Government’s commitments to support nature’s recovery and are intended to ensure that decision-makers have the facts they need when deciding whether to move forward with a specific plan or to permit a specific development. EORs will consider a range of environmental factors, including the influence of protected or designated spaces on the effects of the development, and the model of outcomes and indicators will allow the Government to reflect environmental priorities, including matters such as the preservation of wilderness.

The noble Baroness, Lady Hayman of Ullock, talked about the need for a joined-up approach. The local nature recovery strategy statutory guidance explains how areas for nature recovery should be identified, including how conditions should be spatially connected for nature recovery and existing areas of importance for nature. I know from my own experience on the Select Committee for land use—my noble friend Lord Caithness also raised this—about management. We need to see much better management, particularly of green-belt spaces which are neither very green nor have much biodiversity in them. This is a real opportunity for those areas to do a lot of what these amendments are proposing.

Noble Lords also referred to the commitments the Government have made on this issue. The recent levelling up White Paper reinforced that local nature recovery strategies will be reflected in plan-making. It has been mentioned several times, but the National Planning Policy Framework expects plans to identify, map and safeguard components of local wildlife-rich habitats and wider ecological networks, including the hierarchy of international, national and locally designated sites of importance for biodiversity, wildlife corridors and the stepping stones that connect them, and the areas identified by national and local partnerships for habitat management, enhancement, restoration and creation.

While the concept of a wild belt is intriguing, introducing a designation that is required for the purpose of improving the results of an EOR risks distorting the purpose of environmental assessment, which is to provide relevant environmental information in a digestible way to support effective decision-making. Therefore, I am not able to recommend that the Government support these amendments, but I hope I have provided noble Lords with the assurances they seek in order to withdraw them.

While Amendments 386 and 289 take different approaches from each other, and from the Government’s stated position, I hope I have reassured noble Lords that we are working towards the same aim—nature’s recovery—and that the approach we are taking through the powers under the Environment Act and subsequent guidance will achieve that aim.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank all noble Lords who have added their support, and the noble Earl, Lord Caithness, who agrees, normally, with so much of what we are debating. I am sorry we have a slight difference at this late point in the debate, but I am sure we can iron it out.

My noble friend Lady Hayman was quite right to emphasise the essential link between nature recovery and the planning system. This comes up in other amendments we will deal with during the course of the Bill, but this amendment deals with one specific part of that relationship. My noble friend also rightly emphasised the need for wildlife corridors. We are learning so much more about the fact that you cannot have little isolated pockets of nature recovery and expect it to work. We need that broader viewpoint and a way for nature to travel around the country to provide a wider benefit.

The noble Baroness, Lady Pinnock, was quite right to stress that, in order for that to happen, the less special and the less beautiful places need to play their part as well. An awful lot of nature recovery activity can go on in places which we do not necessarily see as being particularly beautiful, although they nevertheless have a role to play in nature recovery.

All that leads to the concept of the wild belt. I disagree with the noble Earl, Lord Caithness; it is not a bureaucratic proposal because we already have the structure here—we are just giving an extra tool to the local nature recovery strategies and the people working on that to take a wider look at what is going to make nature work in their area. As I say, it is about finding new pockets or areas which are not necessarily the ones that people might think of, which will help with this nature recovery plan.

Therefore all the powers are already there—they already exist in the Environment Act. All we are doing is providing greater scope for those people to really deliver what we are asking of them. I disagree about whether it is bureaucratic; I think it is actually quite a simple ask. It is quite a popular ask; a lot of the NGOs and campaigners out there recognise the benefit that this can bring, so I hope noble Lords will not disregard it as it is a proposal worth pursuing. In fact, I have had a number of noble Lords from the Government Benches talking positively about this, so it is a concept that has legs, and I think we will return to it.

Having said all that, I hope that the noble Lord, Lord Randall, has a speedy recovery and that he will be able to be here for us to plan our next steps on what we will do with this amendment. However, in the meantime I beg leave to withdraw it.