Levelling-up and Regeneration Bill (Seventeenth sitting)

Alex Norris Excerpts

Committee Debate: 17th sitting
Tuesday 19th July 2022 Public Bill Committees

[The Chair]

Before we begin, I have a few preliminary reminders for the Committee: please switch your electronic devices to silent; no food or drinks are allowed, other than the water provided; and Hansard colleagues would be grateful if Members emailed their speaking notes to [e-mail].

Clause 92

Regard to certain heritage assets in exercise of planning functions

[Alex Norris (Nottingham North) (Lab/Co-op)]

I beg to move amendment 64, in clause 92, page 97, line 31, leave out “desirability” and insert “duty”.

This amendment would clarify that the planning authority has a duty to have special regard in planning permission decisions for preserving or enhancing heritage assets or their settings.

It is a pleasure to serve with you in the Chair, Sir Mark. We have now reached chapter 3 of part 3 of the Bill, which relates to heritage. Britain’s incredible heritage is one of our best assets, and is loved universally by our constituents. The debate is well-timed, as this year the world celebrates the 50th anniversary of the UNESCO world heritage convention, the most significant feature of which is the linking together in one place of the concepts of nature, conservation and the preservation of cultural properties. This is the international convention under which sites of outstanding universal value to all people are inscribed as world heritage sites. Parliament ratified the convention in 1984, so I think it is widely believed by the public that our 30 sites in Britain that are inscribed on the world heritage list have strong statutory protection, meaning they cannot be harmed and that there must be engagement to actively conserve them so that they can be better enjoyed and understood. However, this is not quite so.

It is a shame that the draft Heritage Protection Bill in 2010 never got further than it did; its progress was impeded and it was never replaced, leaving gaps and weaknesses in the preservation of world heritage sites. As a result, the historic environment has remained a subsidiary consideration in the planning rules and regulations that govern development work, which can so often impinge on our irreplaceable cultural heritage sites. The protection of archaeological sites with no current designation continues to hang in the balance, not to mention the buried historic environment, which has no designation and includes the vast majority of prehistoric to early medieval archaeology in this country.

While it is mainly professional archaeologists who are aware of and interested in the irretrievable loss of such buried heritage, the consequences of the lack of specific heritage protection for standing buildings and monuments is immediately visible to all. We have some relatable and understandable examples in this country: UNESCO has made clear that the Stonehenge, Avebury and associated sites, which were originally inscribed in 1986, could face delisting in the face of the plans for development around that site; and we have seen in Liverpool that when development is not sympathetic to a heritage site it can lead to delisting. Local authorities need the tools to make sure they develop their areas sympathetically.

Having engaged with the heritage profession, I know it welcomes the enhanced protection that clause 92 will introduce, although thinks that the categories could be wider, as we will discuss in subsequent amendments. However, there is concern among heritage professionals, such as those on the RESCUE Council at the British Archaeological Trust, that the use of the word “desirability” in clause 92 does not sufficiently reflect a duty on planning decision makers to have special regard to preserving or enhancing heritage sites and monuments, or their settings. The word “desirability” suggests that that duty would be a conditional or subjective judgment based on balances of other features of development. This could lead to a situation where developers argue that conservation is inconvenient or too challenging, and that their own interests ought to take precedence, as they do under current legal arrangements. That is what has happened in the case of the Liverpool site.

I am keen to test this with the Minister. I am largely aiming to probe with this amendment, but it is arguable that the current wording would not give protection to, for example, Stonehenge, whose delisting would be a real problem for all of us. I hope to hear from the Minister that the fear is misplaced and that the Government’s understanding is that the language in the Bill will have the same effect as I am seeking. Amendment 64 is simple: it swaps the word “desirability” to “duty” to strengthen the wording in the Bill and to take away some ambiguity. I hope that the Minister can establish that and is minded to agree on at least the substance, if not on the granular point.

[The Minister of State, Department for Levelling Up, Housing and Communities (Mr Marcus Jones)]

It is a pleasure to serve under your chairmanship once again, Sir Mark.

The purpose of clause 92 is to introduce a similar legislative duty for other types of heritage asset to the one that already exists for listed buildings and conservation areas. Amendment 64 would replace “desirability” with “duty”. The specific wording used in the clause is not new; it is taken directly from the existing duties for listed buildings and conservation areas in sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Those duties have been in place for many years, and are well established and well understood. The courts have confirmed that those duties to have special regard provide important protections. They require decision makers to give considerable importance and weight to the desirability of preserving or enhancing heritage assets. The intention behind clause 92 is to put other types of heritage asset in a similar position. I hope that the hon. Member takes that into account. In my considered view, the amendment is not required and we do not need to change the duty that has worked well to date. I hope I have provided sufficient reassurance for him to withdraw his amendment.

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[Alex Norris]

I am grateful to the Minister for his response. I am slightly uncomfortable that he relies on the 1990 Act, because that clearly was not sufficient in Liverpool, and there is a real and current risk around Stonehenge. On his point about case law and strong consideration, again that has not always been effective in cases where we might have wanted it to be. We then rely on the courts to test the edge cases; maybe that is inevitable, but we could eradicate some of that with slightly stronger language. At this point, I do not think it is beneficial to labour this any further, because the Minister made a clear statement about his intent, which was welcome. We may wish to return to this at a later stage, but if colleagues are content then I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell (York Central) (Lab/Co-op)]

I beg to move amendment 128, in clause 92, page 97, line 31, after “enhancing” insert “the significance of”.

This amendment adds to the description of the purpose of sensitive management of heritage assets.

It is a pleasure to serve with you in the Chair, Sir Mark. This amendment looks at not just an asset, but the significance of an asset. Preserving or enhancing an asset may not be possible, but preserving its importance and significance could be.

In York, there is much to determine the social history of our city. Of course, assets are often thought about in terms of bricks and architecture, rather than their social significance and the way that has fed into the wider architecture of a place. In York, there is a process that prevents anything from obliterating the view of the Minster, for instance, and thus its significance as a centre and a beacon across not only York, but North Yorkshire. It can be seen from miles away, so the building of flats as is happening currently, or the plans proposed on the site of the gasworks, would remove the significance of that asset. Preserving it is really important. Likewise, the centre for heritage arts that is currently being developed to go to planning is causing concern about the way it could detract from the view of the Minster. Although it is not directly impeding on the material asset, its development could have significance.

Another example many will know of is Bootham Crescent, the former home of York City Football Club. It was built in 1932 and has only just closed. The stands were something to behold. Maintaining the spirit of Bootham is important. It is where many people have laid ashes to rest. There are significant tunnels under the ground, which have important graffiti on them—fans would cross the stadium through them mid-match and fights would break out. Maintaining these assets is about the working-class population of York and the significance of football to them.

York Central—here we go again—was the home of the British Rail carriage works, and has real significance for the blue-collar workers of our city, who made a tremendous contribution to the railways. Yet this could well be wiped out by the York Central development, so none of its significance to the building of the railways over 100 years would remain. Therefore, it is not just about the asset itself and how important it is, but is about the social story that can be told by it. That is why I believe that my amendment is important for looking at how heritage assets are preserved.

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[Alex Norris]

I congratulate my hon. Friend the Member for York Central on amendment 128. It is very thoughtful, as was the case that she made for it. In the next group we are going to talk a bit more about the importance of social history, so I will save a few points for later, but I do want to reflect on the point about significance and developing significance.

We know, as I said on opening in the previous group, that our constituents and people in this country generally feel strongly about their culture and their heritage assets. They want our generation and all subsequent generations to be custodians of those assets. We have a duty to bring them to the fore, develop them and to have them in the way that they can be best enjoyed because they are a core part of our identity, our culture and our history—both the easy and the less easy bits to talk about. They are such an integral part of our story that people feel strongly about them. There is a duty to enhance the significance of a particular asset, so that those jewels—diamonds in the rough, perhaps—are not laid there and just ignored for generations and generations, getting harder to bring to the fore. It would only be a good thing to put that in the Bill.

[Mr Jones]

Clause 92 introduces a new statutory duty for

“the local planning authority or (as the case may be) the Secretary of State”

to

“have special regard to the desirability of preserving or enhancing”

scheduled monuments, protected wreck sites, registered parks and gardens, registered battlefields, world heritage sites, and their settings when considering whether to grant planning permission or permission in principle for the development of land in England which affects them. Clause 92 provides that

“preserving or enhancing a relevant asset or its setting includes preserving or enhancing any feature, quality or characteristic of the asset or setting that contributes to the significance of the asset.”

The significance of each asset is set out in the Bill, so the hon. Member for York Central should be reassured that the consideration of the significance of our heritage assets forms part of this new duty.

While I appreciate that the concept of significance is crucial to the protection of designated heritage assets within the national planning policy framework, the amendment is not necessary, as the issue of significance is already addressed in the legislation. For those reasons, we cannot accept the amendment, and I hope that on the basis of my explanation the hon. Member will withdraw it.

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[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a pleasure to serve under your guidance, Sir Mark. I support the amendment tabled by the hon. Member for York Central, but will speak to my own, amendment 138.

Clause 92 is important. What is in it is not a problem. I propose to add to it national parks and areas of outstanding natural beauty, which are defined areas within the country, as heritage assets that would require consideration in planning.

We mentioned world heritage site status. The Bill defines a world heritage site as

“a property appearing on the World Heritage List”.

The Lake district is not a property; it is an area, which is a different classification. In any event, not all national parks, and certainly not all areas of outstanding natural beauty, are world heritage sites. It is five years to the month since the Lake district obtained world heritage site status, which we are very proud of.

It is worth saying that the document that UNESCO presented on the day that world heritage site status was given to the Lake district gave as much credit to the farmers as to the glaciers for how the landscape was formed and maintained. It is important to recognise that the things that count as our heritage that are part of our landscape need preserving. There are many threats that we need to guard against, one or two of which I will come on to in a moment, and that is why it would be helpful for the amendment to be included in the Bill.

It is worth bearing in mind that features such as dry stone walls, barns, and the general look, appeal and aesthetics of the landscape do not happen by accident. They happen because they are farmed, and because they are maintained by people who, alongside their farming, maintain the infrastructure and the structures of the landscape in the Yorkshire dales, the Lake district, the Arnside and Silverdale area of outstanding natural beauty in my own constituency, and many more areas besides.

Of course, our written heritage—our heritage of literature, poetry and art of all different kinds—is massively inspired by the natural landscape. The work of the likes of Wordsworth, Ruskin, Potter more recently, Alfred Wainwright and even Kurt Schwitters was very much inspired by the environment where they were.

However, if we look at the transformation in recent years of the Langdale valleys, Troutbeck valley, Kentmere valley in the Lake district, Dentdale and Garsdale in the Yorkshire dales, and many more besides, we see an evolution—and not in a good way. There has been a human de-stocking of those valleys, which it is not the focus of this Committee to look at; nevertheless, because of the change in the way the farm payments are being operated, there are incentives for people to become landowners, including big finance houses. There is a very clear incentive to buy up huge tracts of land—land that currently comprises dozens of tenanted farms—and apply through landscape recovery for funding from the Government, clearing the tenant farmers off the land. That is what we will see.

Now that in itself is an appalling thing and will have an impact on our heritage, but it will often lead to planning proposals that could end up being very relevant to the Bill. Take the example of a hedge fund that buys up two or three valleys in the hope of taking free cash from the Government by clearing off its tenants to allow the place to go wild. In doing that, it will potentially have to apply for planning permission to change houses into holiday accommodation of different kinds, and the hedge fund might seek to do a whole range of things with the buildings that it takes on once it has cleared the tenants out of them. This is all gruesome stuff, by the way, but it is absolutely possible given the Government’s trajectory at the moment.

If the amendment is included in the Bill, we will at least have given our planning authorities some power to push back against that terrible abuse of the Government’s current trajectory, which allows those who have the power to buy up huge tracts of land in our countryside and eject farmers from places that they have often farmed for generations. It is sometimes very hard to specify what aesthetics is—how do we measure aesthetics? Well, UNESCO has managed it: it has given world heritage site status to the Lake district, and—as has been mentioned by the hon. Member for Nottingham North—Liverpool proves that that status can be lost. It would be terrible if that were to be the case, so let us put into the Bill measures that will protect our environment, our landscape and all those huge cultural benefits that are at risk, both from features that are beyond the Government’s control and some that are well within their control.

[Alex Norris]

It is a pleasure to speak to these two thoughtful and very good amendments. I do not think anywhere has a richer social history than Nottingham, so amendment 136 feels very close to home.

In 1642, at the beginning of the civil war, Charles I raised his standard in Nottingham, at what is now called Standard hill. That was not met with an awful lot of enthusiasm from the people of Nottingham, so when the civil war had finished the castle that he had sought to make his base was torn down. It was rebuilt a little later, and was then burned down 200 years after that during the riots relating to the second Reform Bill and the failure of Parliament to pass legislation that extended the franchise. Now we are about 200 years later than that, so I hope we are not due for that castle to once again meet an untimely demise, because we have put an awful lot of money into it through a heritage lottery fund bid.

That tells a big story about our city, as do the cheese riots, which took place because people were upset about the price of cheese—the Lord Mayor was bowled over by a big rolling cheese, according to legend. The luddite movement has its roots in Nottingham, and the first Chartist MP came from our city. Those rich and rebellious streaks are characteristic of our city’s community and social history, and they are an important part of the fabric of our memories about ourselves and those who came before us.

The point is true across the country, particularly in relation to the industrial revolution, which birthed the trade union movement and women’s movements. Those collective acts of thousands and thousands of ordinary people may not have big buildings, palaces or castles as obvious monuments and heritage, but they had sites that are just as important: the meeting rooms above taverns, houses, public spaces and parks where those events took place.

It is important that we understand that those places are as much a part of Britain and Britishness as the really huge and obvious monuments. The Bill should prioritise such places because they are more easily lost—it is much easier to lose the meeting room above a pub as part of a development than it is to lose a palace. We would not wish to lose either one more than the other, so including a sort of equivalence in the Bill would be a good thing.

Amendment 138 is a good idea. The hon. Member for Westmorland and Lonsdale is in good company because, as he said, UNESCO has already designated the Lake district a world heritage site. Putting the Bill on the same footing would give it strength and send a clear signal to developers, planners and all those interested in heritage that we consider such places to be clear and obvious assets. They may not be as obvious as a single building in a single place, but they ought to be treated just as well. I commend the amendments and the Members who tabled them.

[Mr Jones]

Clause 92 provides additional legislative protection in the planning system to the list of designated heritage assets that have previously been afforded protection through the national planning policy framework.

Sites of significant social history are important to our nation’s history. Many of them are already afforded protections in the planning process, either as designated or non-designated heritage assets. Manchester’s Free Trade Hall, for example, is a site of significant social history due to its role in the repealing of the corn laws, and it is a listed building.

The heritage assets set out in the table in the clause are all recognised historic environment designations. Amendment 136 would add a new category that is not clearly recognised as a heritage designation. There is no national list of sites of significant social history, which would, in practice, lead to arguments and legal challenges if the status of a site—whether it falls within the definition and should benefit from protection—is disputed.

Amendment 138 would add national parks and areas of outstanding natural beauty to the clause. Although I agree that those are a vital part of our nation’s environment and landscapes, the amendment would result in environmental designations that are already protected elsewhere being added to the list of protected heritage assets. They are already well protected under the Countryside and Rights of Way Act 2000, and as environmental designations in the planning system. Different regimes with conflicting protections relating to the same assets would cause confusion.

We also already have a strong set of environmental protections in the national planning policy framework. It sets out that areas of outstanding national beauty, national parks and the broads have the highest status of protection. Under our broader reforms to the planning system, the conservation and enhancement of wildlife and cultural heritage should be given great weight in development plans and planning decisions. Major development should be refused other than in exceptional circumstances. Areas of outstanding national beauty are also exempt from the presumption in favour of sustainable development.

In response to the landscapes review, the Government set out their intention to strengthen the statutory purposes of national parks and areas of outstanding natural beauty to create a clear objective to ensure that those areas deliver more for nature and are accessible to everyone. We propose to create a single set of statutory purposes for areas of outstanding natural beauty teams and national park authorities, providing a more consistent and unified statutory framework for all protected landscapes.

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[Tim Farron]

I am grateful to the Minister for his detailed response to the amendments.

The landscape review does give potential for there to be additional protections for areas of outstanding beauty such as the north Pennines and Arnside and Silverdale in Cumbria and across north Lancashire. It is worth bearing in mind that landscape heritage is lost quickly and subtly and not often as a result of a direct planning proposal. It is not that developers come in and decide to build several hundred properties in Longsleddale; it is that Longsleddale changes because farmers cease to be farmers and the area ceases to be farmed.

We therefore see—moving away from Lonsdale to other parts of the lakes and dales—the dry stone walls crumbling, with the loss of that vital part of our heritage going. We see the barns crumbling. The historic heritage species disappear, and access to the fells and dales disappears as well. The subtle but perceptible feel and aesthetics of those places—not just those that we have grown up with, but that have been the feature of a lived experience over hundreds and hundreds of years—begins to change.

Landscape heritage is lost quickly and subtly, and partly in response to Government action or inaction, whether accidental or deliberate. We have a food strategy, or an approach to farm funding, that is almost deliberately written to reduce the amount of food that we produce in this country. As a result, it will be a less-farmed environment, and it will look different. Given that the tourism economy of the Lake district, Yorkshire dales and Cumbria is worth £3.5 billion a year, that will have a huge impact monetarily and economically, as well as aesthetically.

I am happy not to press my amendment to a vote. We will keep a close eye on what the Government intend in terms of safeguards for our landscape heritage and culture, and we will wait to see whether greater protections are provided as the Bill progresses.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 69, in clause 92, page 99, line 29, at end insert—

“(5) The Secretary of State must, within one year of the day on which this section comes into force, publish a report of a review of the efficacy of Local Heritage Lists and the resources local authorities have to produce them.

(6) The Secretary of State must, on the day on which this section comes into force, publish the results of the 2018 review of the non-statutory guidance on Assets of Community Value.”

The amendment proposes two new subsections to the clause, which I will deal with in turn. First, proposed new subsection (5) concerns local heritage lists, which identify heritage assets that are not protected by statutory listing designation but are of local interest. They provide a consistent and accountable way of highlighting the existence of those important assets and affording them a layer of extra protection against unwanted development. Those sites may not be the sort that bring someone from one place to visit another, but for those who live in the community, they are an integral part of the fabric of their daily lives: community centres, libraries, old town halls or pubs.

At the moment, local planning authorities have discretion on whether to develop local heritage lists, although they have very much been encouraged to do so by the Government and by bodies such as Historic England and Civic Voice. More recently, the national planning policy framework stated that local listing should be taken into account in the consideration of relevant planning applications. Additionally, some planning authorities include in their local plans policies that recognise the importance of non-designated heritage assets, so that status will be a material consideration if and when planning applications are lodged. On the face of it, the lists are a really powerful and important way of balancing the planning system and protecting the assets that communities know and love.

We welcome the fact that, in February last year, the Government announced funding of £1.5 million to support local authorities in improving, extending or updating their local heritage lists or preparing their first lists. Twenty-two areas put in successful bids. We are pleased for those areas, but this comes back to what we discussed in relation to previous clauses: another beauty parade where some authorities succeed and others do not, and in the end all are worse off because of cuts to council budgets. Given the universal importance of the local heritage lists, we want them to be put on a properly funded basis.

There is a lot in that to be optimistic about. However—and herein lies the rub, and the purpose of this element of my amendment—it is believed that only around 50% of planning authorities have a local heritage list. That means that citizens in neighbouring boroughs and districts can experience very different standards of recognition and protection of their local heritage assets. Amendment 69 would require the Government to research the extent to which local heritage lists have been developed, the quality and effectiveness of the lists, the reasons for any disparities between local authorities and some of the resource issues that underlie heritage list production.

The provision is relatively basic. It requires the Government to understand what practical effect previous legislation has had, and what practical effect the funding that they put in place is having. It would ensure a proper evaluation of local heritage lists, so that—and this is my goal—they are promoted and properly used by local communities to protect important assets, and that all people have the protection of those heritage lists in law, as they ought to. It is a problem that we do not know how many local heritage lists there are, their quality or how well they are used. This is supposed to be an important provision—where used properly, it has been—but we do not have a good sense of it. The amendment would make that much better, so I hope that the Minister is minded to agree to it.

Proposed new subsection (6) relates to assets of community value. The Localism Act 2011 enables community groups to ask local authorities to register properties of local importance as assets of community value. Many valued premises—the subsection has pubs in mind—have been successfully nominated. That is in no small part thanks to the work and activism of members of the Campaign for Real Ale who, around the country, have made great efforts to ensure that important assets have been registered as assets of community value, because that gives a distinct importance and protection to local communities.

If the owner of an ACV listed property wishes to sell it, in normal circumstances the community group can lodge a bid, triggering a six-month moratorium during which no other sale can take place. That gives them a right to bid and has no doubt been a factor in the growth of community-owned pubs, up from 56 in 2017 to 179 today and rising. We can do much better than that. Colleagues may have seen announcements in recent days from the Opposition about how we will do that in future, although we are likely to need a general election rather than pass primary legislation to make that the case.

The 2011 Act was accompanied by non-statutory guidance from the then Department of Housing, Communities and Local Government to local authorities on the implementation of the ACV process, in particular how they should deal with nominations. It soon became apparent that parts of that guidance were unclear or ambiguous, which has led to significant disparities in the way in which authorities consider nominations. In many areas, local groups find it difficult to get their nominations accepted because of the restricted ways or lack of focus with which their local authority interprets the Act and the guidance.

The Government recognised that, because in 2018 they instituted a review of the guidance and invited interested parties to make suggestions for improving or clarifying the content. The Government have not said how many responses they received, but I know that the Campaign for Real Ale made a detailed submission highlighting some of the pitfalls. It has a good view because it works with local authorities all over the country, so were able to tell the Government the different ways in which the process operated with regards to definitions, the nomination process and the procedure for appeals.

All that is very good, but the problem is the resounding silence in the four years since. There is no indication if or when there will be action on improving the guidance and whether it will be made public. Subsection (6) is a relatively minimal ask. It just says that on the day that the measure comes into force, the Government ought to publish the results of the review. They have had them for four years. It is hard to believe that they are not ready to go. I am not sure whether the Minister was in the Department at that point, but he may recall that.

If the Minister is not minded to accept that provision in the Bill, would he give a commitment on whether the consultation is coming out or whether too much has elapsed over the last four years and it is no longer active? People put a lot of effort into the submissions to the consultation, and they deserve the finality of knowing one way or the other.

If the answer is no, the Government should want to find a way to establish assets of community value in a similar way to the local heritage list: why the system works in the way that it does, with a sober and honest assessment of whether it reflects what they were minded to do in the 2011 Act. I argue that it does not at the moment, and has created disparities, not in the form that is genuine localism, which we support, but in the form where some communities have the protection of local heritage lists and assets of community value registers and others do not. We should want to get to the bottom of that, if such provisions are to be effective.

[Mr Jones]

The Government recognise the need to protect historic buildings and other assets that are valued by local communities, but the national listed buildings regime protects our most special buildings. We recognise that there are many other buildings and assets which local people cherish. Planning practice guidance already encourages local planning authorities to prepare local lists of non-designated heritage assets. Those assets are protected through national planning policy, which states that the effect of an application on the significance of a non-designated heritage asset should be taken into account when determining the application.

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We are currently scoping out plans for that strategy in the Department. Once we have taken that further, no doubt we will be able to provide further information to the hon. Gentleman and to Members across the House. On that basis, I hope that I have provided him with enough reassurance to withdraw the amendment.

[Alex Norris]

I am grateful to the Minister for that very full answer, which addressed both points of substance very clearly. I heard what he said about money having been given to 22 areas for local heritage lists on a test and learn basis, which will clearly be part of the rest of the Bill. I will not labour the point any further, but I hope that that could be operated quite quickly, because there are lots of people in the sector who could tell Ministers very clearly where best practice is, and perhaps where it is not. I do not think that it ought to take a very long time to roll that out beyond the 22 areas to all local authorities, although I was pleased to hear the Minister’s commitment to doing so. We will be keeping a close eye on the resourcing of that.

On assets of community value, the legislation is supposed to be the White Paper made real—the White Paper brought to life in statute. If we take the Government’s commitment in the White Paper at face value, it is a shame that the moment has been missed to do that now, instead of leaving it to consideration of how it might be developed, as the Minister said. This would have been the perfect moment to act on that commitment, but clearly the Government are not minded to do that.

I am grateful again to the Minister for directly addressing the point of the 2018 review. It is good to hear that the findings were used. It is clear that there was value in the exercise, although I would say gently that there should have been some completion. I have talked about this to a number of people in the sector who are still awaiting a response. From the Minister’s response today, they will understand that that will not be forthcoming in a formal way. At least they now know that, and I am grateful for that.

The amendment was designed to provoke a conversation and I am grateful for the Minister’s response. We will very much hold these issues at the forefront of our mind—particularly to move at greater speed on local heritage lists, but also to ensure that that the consideration of assets of community value actually leads to some sort of action. I very much hope that it will. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 93 to 95 stand part.

[Mr Jones]

We are committed to protecting and enhancing our historic environment, which is an irreplaceable asset. Any planning decisions that impact on it should be given the utmost consideration. Generally, we consider the current planning framework for the historic environment to work well. However, through our work with stakeholders, we have identified areas in which it can be improved.

One such issue is the lack of statutory underpinning for key designated heritage assets within the planning system. The national planning policy framework defines designated heritage assets and sets policies related to their conservation and enhancement. However, planning legislation currently stipulates only that decision makers shall have special regard to the desirability of preserving listed buildings and preserving or enhancing conservation areas when exercising the planning functions specified. Clause 92 creates a similar legislative planning duty to have special regard to the preservation or enhancement of scheduled monuments, registered parks and gardens, protected wrecks, registered battlefields and world heritage sites when granting planning permissions or permission in principle.

Additionally, the existing legislation provides only for special regard to be given to the desirability of preserving listed buildings when granting planning permission or permission in principle. Clause 92 extends that to include the desirability of preserving or enhancing a listed building. Creating a statutory duty to have special regard to the desirability of preserving or enhancing these heritage assets aims to streamline the decision-making process and provide consistency between the legislative heritage planning framework and national planning policy framework.

On clause 93, under the Town and Country Planning Act 1990, local planning authorities have the power to issue temporary stop notices. The notices are a powerful tool that can be used by authorities to require that development or an activity is stopped if the planning authority thinks that there has been a breach of planning control and that it is expedient for that activity to be stopped immediately. They can use the time to investigate the suspected breach and decide what, if any, further enforcement action to take.

However, there is not an equivalent provision in the Planning (Listed Buildings and Conservation Areas) Act 1990 for unauthorised works to listed buildings in England. That means that where there are suspected unauthorised works to a listed building in England the local planning authority’s only options are to issue an enforcement notice—which will not immediately stop the works—or apply to the court for an injunction to stop the works, which is often costly. The clause creates a new power for local planning authorities to issue temporary stop notices in relation to unauthorised works to listed buildings in England if, having regard to the effect of the works on the character of the buildings as one of special architectural or historic interest, they consider it expedient that the works, or part of them, be stopped immediately. That power will allow works to be paused for up to 56 days while the facts of the case are established and the local authority decides what, if any, further action to take.

Failure to comply with a notice will be an offence with a maximum penalty of an unlimited fine. There are circumstances where compensation may be payable for any loss or damage directly attributable to the effect of the notice. Addressing the gap in local authorities’ enforcement powers in relation to listed buildings will help to protect irreplaceable assets for generations to come. I therefore commend the clause to the Committee.

[Alex Norris]

I am grateful to the Minister for his explanation of the clauses that complete the heritage part of the Bill. It is clear from the amendments and the debates that we have had about them that this is something that interests hon. Members and their constituents, and I believe there is broad support for this part of the Bill—the entirety of part 3 up to chapter 3. However, I want to ask the Minister a couple of questions. I will not make any further points about clause 92 because we have covered them in a previous debate.

On clause 93, we support the idea of stop notices, which would allow work to be paused for up to 56 days in order for an investigation to take place. I wonder why the Minister chose that duration. Why 56 days? What would be the effect of that? Has he or his officials spoken to the Local Government Association about whether it feels that that would be effective? The developer is entitled to compensation for delay, which will be interesting when we get to clause 95. Will the Minister tell us how that will work in practice and what local government colleagues have said about that?

On clause 94 and empty dwellings, we were not able to persuade the Minister to adopt the Welsh Government’s approach, but we are delighted to see in the clause that that is exactly what the Government have done. It will allow urgent works take place where a building is at risk from the weather, vandalism or any other neglect. That will be a good thing. It is welcome that that measure has been replicated here in England.

Finally, clause 95 governs building preservation notices. Currently, a council can add a BPN to an unlisted building that is at risk of demolition or alteration and which a council considers of special architectural or historic interest. The notices last for six months and must be accompanied by an application to Historic England for listing. The Secretary of State then has six months to decide whether to accept that, and the building is essentially listed during that period to protect it. It is a very good provision. Can the Minister say how frequently that has been used to give us a sense of the scale of the challenge ?

The clause removes compensation, but in clause 93 that is not the case. The conversation continues there. There has certainly been some interesting written evidence and direct contact with members of the Committee from different organisations from both sides, both the preservation side and the development side, saying that it is unfair that that is not the case. We can read that argument either way. I am comfortable either way, but I am interested that the Government have chosen different ways in different parts of the Bill. They are different things, so I can understand it to an extent, but they are not so different that that lack of consistency will not raise a few eyebrows. I am interested in why the Minister chose that approach.

[Mr Jones]

I thank the hon. Member for Nottingham North for his questions. I will first address his question on the serving of notices. As he knows, building preservation notices protect a building for up to six months while it is being considered for designation as a listed building. BPNs achieve targeted and time-limited intervention to protect buildings of such interest that are under threat, rather than the blanket protection placed on all buildings being considered for listing during that interim period, regardless of whether they are under threat. BPNs are considered an appropriate stopgap mechanism for the interim period before longer-term protections are applied, while balancing the rights of owners and property rights.

--- Later in debate ---

The 56-day period that the hon. Gentleman mentioned is basically to ensure consistency in the provisions for when local authorities have the opportunity to take such action.

[Alex Norris]

The Minister has made a compelling case for clause 95—he has certainly persuaded me—but it also reads across to clause 93, so why would those measures not apply in this case?

[Mr Jones]

As I read it, clause 93 requires the works to stop for up to 56 days, which demonstrates consistency across both clauses. On that basis, I commend the clauses to the Committee.

Question put and agreed to.

Clause 92 accordingly ordered to stand part of the Bill.

Clauses 93 to 95 ordered to stand part of the Bill.

Clause 96

Street votes

Question proposed, That the clause stand part of the Bill.