Lord Renfrew of Kaimsthorn
Main Page: Lord Renfrew of Kaimsthorn (Conservative - Life peer)Localism Bill
Lord Renfrew of Kaimsthorn Excerpts( ) development that would be likely to harm a heritage asset of national importance or its setting.”
Lord Renfrew of Kaimsthorn
My Lords, this is a probing amendment which has been tabled with the intention of exploring what seems to be a striking omission in the Bill; namely, to take explicit account of the importance in the planning context of the historic heritage, including the archaeological heritage. The noble Baroness, Lady Andrews, the chair of English Heritage, has authorised me to say that she supports these amendments and would speak to them if she had been able to be here today.
Lord Renfrew of Kaimsthorn
I beg the pardon of the noble Baroness. In due course I shall invite her to make her own observations.
We are told by ministerial sources that the national planning policy framework will soon be available in draft form and that it may be in hand for later stages of this Bill. But that does not help the present situation. It has been suggested in news reports that the national planning policy for the historic environment, PPS5, and in particular the requirement for pre-application archaeological assessment, will no longer apply to local planning decisions. It would be helpful to have an explicit ministerial assurance that the policy will remain in force and have statutory effect. This amendment would go part of the way towards reinforcing that.
Great unease has been caused in the heritage community by a recent speech by a local council leader, Councillor Alan Melton of Fenland District Council, who was reported in the Cambs Times on 22 June. The article stated:
“Regulations governing new developments including the need for archaeological surveys are to be swept aside from July 1 in a purge designed to get Fenland building again”.
I think he may have gone too far and perhaps may have realised that, but this is exactly the point. What are the safeguards which are not on the face of this Bill, and why are they not here?
The amendment, along with Amendment 149A, seeks to ensure that the local planning authority makes a determination as to whether a proposed development might harm a heritage asset of national importance. That it will normally do by referring to the local heritage environment record. The amendment places the onus on the developer to seek such a determination from the local planning authority before proceeding.
The matter is perfectly simple, and the issue is real. If the Minister can give explicit assurance that the amendment is not needed since legislation currently in place continues to have effect and will not be impaired by the passage of the Bill, and if she will kindly specify exactly what provisions are being cited, it will give great reassurance. I beg to move.
Lord Renfrew of Kaimsthorn
My Lords, I am grateful for the various contributions. I am particularly grateful that the noble Baroness, Lady Andrews, was in her place and made such effective remarks about the undesignated sites, which are a major problem. I am grateful for the support of both sides of the House.
My noble friend the Minister has given some helpful general assurances, but as we do not yet know what is in the national planning policy framework her assurances are vague and do not give much comfort. I certainly do not doubt her good intentions but she did not give a categorical or detailed assurance and she did not make specific remarks in relation to the points made by the noble Baroness, Lady Andrews.
While I shall not press the amendment, I hope to do rather better on Report. It may be that the national planning policy framework will be published by then. I certainly hope so, otherwise what on earth do these assurances mean? If it is not published by then and we cannot find out how it will integrate into the Bill, we may have difficulties on Report. In the mean time, I beg leave to withdraw the amendment.