Levelling-up and Regeneration Bill

Baroness Bloomfield of Hinton Waldrist Excerpts

Committee stage
Wednesday 24th May 2023 Grand Committee

[Baroness Taylor of Stevenage (Lab)]

My Lords, we appreciate all the reasons powerfully set out by the noble Baroness, Lady Bennett, in her proposal in Amendment 481 to instigate a nationwide assessment of land contamination and put in place steps to mitigate that contamination. The push to use brownfield sites for development, which the noble Baroness referred to, is another key reason why this is becoming even more of an issue. As the noble Lord, Lord Foster, said, there are some practicalities around the resources that would be needed for such a survey, while mitigation might be even more challenging.

As the noble Baroness said, at present land contamination is usually determined at, although sometimes before, the planning stage. The developer is then charged, albeit voluntarily, with ensuring that contamination is cleared before the development can go ahead—except, of course, in Teesside, where the public seem to pick up the tab.

There is a case to be made for employing a polluter pays principle, which might be successful where contamination of the land is relatively recent, but that will not always be the case, so some further thought needs to be given to this. If we are going to carry on using more brownfield sites, we will have more occasions when we need to work out how this will be done. Further consideration is certainly needed for that amendment.

The amendment in the names of the noble Baronesses, Lady Boycott and Lady Scott, my noble friend Lady Young and the noble Earl, Lord Caithness, builds on a truly uplifting initiative that we have seen in many areas recently, where councils designate areas of public land that can be used for community cultivation. I was pleased to hear the fantastic examples from the noble Baroness, Lady Boycott.

In my area, we have some beautiful community orchards, funded through local council budgets, but very much at the instigation of the public and with their support for the ongoing maintenance and cultivation. It was just wonderful to hear a conversation in the orchard in my ward between two gentlemen who had harvested the quince tree—we do not have a lot of quinces in Stevenage but we have a quince tree in my orchard. They had found recipes for quince jelly and were standing there comparing notes about the variable qualities of their quince jelly, which was wonderful to hear. It has also been a real pleasure to see local groups taking on the cultivation and management of small parcels of land to improve the street scene in their own area. In some cases, these are designated as pocket parks; in others, they are operated under the licence to cultivate regulations.

The provisions set out in this amendment are proportionate and sensible in requiring a determination by the local authority of what is meant by community cultivation, how it is to be designated and nominated, the setting of clear parameters around the timescales for which land may be made available—I like the idea of a meanwhile lease on these areas—and the publication of lists of such land. We believe that a provision for community cultivation in this way would build on the initiatives already developing in our communities, provide a welcome but very different element to the ever-popular allotment movement—most areas have long waiting lists, as we have heard—and give residents a real stake in managing and cultivating their local area. In some cases, it would provide a way of growing much-needed fresh fruit and vegetables for the community. The noble Earl, Lord Caithness, referred to the quality of food. These projects of course have a double benefit, which was outlined by the noble Earl in reference to his grandson, because people learn about food as they grow it and then also have fresh food to eat.

With all the objectives of this amendment—healthy food, the environment, well-being, community engagement and meanwhile leases of land not currently being used —I cannot see any reason why it could not be accepted by the Government. I hope that it will be.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, in response to Amendment 481 in the name of the noble Baroness, Lady Bennett of Manor Castle, of course this Government support lessening the risks from contaminated land. Indeed, I well remember our debates on Zane’s law throughout the passage of the Environment Bill and the noble Baroness’s passion for this subject.

Under Part 2A of the Environmental Protection Act 1990, local authorities already have a duty to inspect their areas “from time to time” to identify and require the remediation of any land prior to any housebuilding. Current statutory guidance states that a local authority’s approach to inspection should “reflect local circumstances”. This enables a flexible approach to providing value for money and to protecting the environment and human health. There is also a duty for the Environment Agency to report on the state of contaminated land “from time to time’, or

“if the Secretary of State at any time so requests”.

The noble Baronesses, Lady Bennett and Lady Taylor, and the noble Lord, Lord Foster, expressed concerns about resources. The 2012 contaminated land statutory guidance outlines the polluter pays principle, enabling, where possible, costs of remediating pollution to be borne by the polluter. Under Part 2A of the Environmental Protection Act 1990, the Environment Agency may inspect on behalf of a local authority if a local authority identifies contaminated land that it considers will meet one or more criteria for special site designation, as set out in the Contaminated Land (England) Regulations 2006. If the land is determined as a special site, the Environment Agency will become the enforcing authority and responsible for requiring appropriate remediation to the site.

If no polluter can be found and the site is not designated as a special site, the local authority must investigate and require appropriate remediation of the site. The Government recognise that the costs of remediation, including landfill tax, can be a financial barrier for local authorities seeking the remediation of contaminated land. Defra is currently developing a grant scheme to help local authorities to cover the cost of landfill tax in land remediation projects. In 2023, Defra will publish a revised Construction Code of Practice for the Sustainable Use of Soils on Construction Sites, which will empower and inform industry to protect its sites’ soil health, prevent contamination and mitigate soil being deposited in landfill. I hope that that provides a modicum of reassurance.

[Baroness Bennett of Manor Castle (GP)]

My Lords—

[Baroness Bloomfield of Hinton Waldrist (Con)]

May I finish? Not all land contamination may be able to be remediated, for a variety of reasons. A risk-based approach is used to define contaminated land, where regulators are required to intervene in cases where land poses an unacceptable risk.

The cleaning up of contaminated land ensures that brownfield sites are safe for their intended use, such as housebuilding. Land contamination has been successfully addressed in many cases through the planning system. In the majority of cases the risk is likely to be very low and the value of the land may not be high enough for remediation to be economically viable.

[Baroness Bennett of Manor Castle (GP)]

I thank the Minister for giving way. She identified cases where there is an application for building permission and a case where something is drawn to the attention of the Environment Agency. The problem is that we know that there are many hundreds of sites out there that present a risk to the local community and perhaps to houses built on it. Unless there is a survey to identify the problem, the first time we will know that there is one will be in tragic cases such as Zane’s.

[Baroness Bloomfield of Hinton Waldrist (Con)]

Much of that may be down to limited resources. The grant scheme Defra is putting in place should help ameliorate that by enabling local authorities to take more proactive action if they realise their costs might be covered by the grant scheme.

On Amendment 483, in the name of the noble Baroness, Lady Boycott, the Government agree that community assets play a vital role in creating thriving neighbourhoods. These are places where we meet, connect and spend time with our neighbours.

The Localism Act 2011 already enables communities and parish or community councils with the right to register a building or a piece of land as an asset of community value if the asset’s principal use furthers their community’s social well-being or social interests and is likely to do so in future. I was pleased to hear the noble Lord, Lord Foster, refer to this. The assets of community value process also provides communities with the opportunity to raise finance and bid to buy a local asset of community value. This could include land for cultivation. Local communities should determine which spaces and places are most important to them.

I agree that meanwhile leases sound interesting. I certainly had not heard of them before. I should like to discuss them with the officials in Defra, whom I am afraid could not be here to respond today.

I hope this provides sufficient reassurance, and that the noble Baroness, Lady Bennett of Manor Castle, will feel able to withdraw her amendment and the noble Baroness, Lady Boycott, will not press hers.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank everyone who contributed to this debate, which was fairly brief on my side but extremely rich on the amendment in the name of the noble Baroness, Lady Boycott. The case was overwhelmingly and passionately made on that amendment.

On my amendment, I thank in particular the two Front-Benchers for acknowledging in different ways that there is an issue that needs to be addressed. I hope that is something both parties will consider taking forward when they think about their manifestos for the election that we know is not too far away.

I am afraid the Minister might find that I will come back on the same issue on the next available Bill, because I do not want another child to die like Zane did. I think that the Government have a responsibility. In the meantime, I beg leave to withdraw the amendment.

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I therefore strongly ask the Minister to please consider these amendments and the thought behind them carefully, and give us some hope that the Government recognise the problem, as well as the opportunity of the wasted talent being brought into focus and use. I hope she will give us a positive answer.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, Amendment 498 in the name of the noble Baroness, Lady Taylor of Stevenage, seeks for the Government to publish a social mobility strategy. The issues raised in this debate are all indeed important and vital if we are to deliver social justice. However, they provided the rationale for the levelling up project itself, and the levelling up White Paper provides a clear plan to level up every corner of the UK, underpinned by 12 ambitious missions over 10 years and tracked by an annual report.

I also reassure noble Lords that the Office for Students has launched the equality of opportunity risk register, which will set national priorities for tackling inequalities in higher education, including geographical inequalities. It was heartening to see the recent climb up the international league tables for literacy rates in younger children in the UK, which is a hugely encouraging sign.

We are committed to ensuring that more people from disadvantaged backgrounds enter apprenticeships—a great driver of social mobility—and we are increasing the apprenticeships care leavers’ bursary to £3,000 from this August. We are also providing additional funding to support social mobility generally in apprenticeships, which includes £1,000 payments to employers and training providers who take on apprentices aged under 19 or apprentices with a learning difficulty or disability, as well as a £1,000 bursary payment to apprentices who were previously in care, as mentioned.

The Government are also investing over £18.8 million in 2023-24 to support the rollout of a network of careers hubs across the country, to help drive improvements in careers education. Schools and colleges in the most disadvantaged quartile are reporting the strongest progress.

Numerous measures in the LURB will improve outcomes and reflect better the interests of rural communities across the country. Rural communities will benefit from opportunities for increased democracy, measures designed to improve housing affordability, and improved infrastructure. The new infrastructure levy will be designed to deliver as much, if not more, affordable housing.

That really related to the next amendment, Amendment 499, in the name of the noble Baroness, Lady Hayman of Ullock. The framework set out in the Bill provides ample opportunity to scrutinise the substance of the missions against a range of government policies, including levelling up in rural areas.

As the noble Lord, Lord Foster, outlined so passionately, we know that some cost pressures, including transport and energy, can be even greater in rural areas than in urban areas. That is why the Government have, for example, offered rural energy support through alternative fuel payments and extended the subsidy scheme for buses to protect vital bus routes, helping with the cost of living and enabling people to get to where they need to affordably and conveniently. The recovery grant scheme comes in addition to government investment of £3 billion promised for bus services by 2025.

The Government are already committed to delivering an annual report on rural proofing. The White Paper trailed the publication of the second annual report, Delivering for Rural England, which was published in September 2022. It set out specific considerations for levelling up in rural areas and how government departments seek to address these through targeted approaches, where needed, as well as broader measures to strengthen the rural economy, develop rural infrastructure, deliver rural services and ensure good management of the natural environment. It also announced the launch of the £110 million rural England prosperity fund so that local authorities can support rural businesses and community infrastructure.

Amendment 504GC, in the name of the noble Baroness, Lady Blower, considers the extremely important issue of adult literacy. I should declare that I have a very personal interest in this whole area, having taught literacy in Huntercombe young offender institution for a while. The levelling up skills mission sets out an ambition for 200,000 more people to complete high-quality skills training in England each year by 2030. As part of this, we are fully funding study for adults in England who do not have essential literacy up to level 2. We have a strategy. Approximately 60% of the adult education budget is devolved to nine mayoral combined authorities and delegated to the Mayor of London, acting through the Greater London Authority. These authorities are responsible for the allocation of the adult education budget in their local areas and are best placed to understand local needs.

In the light of these efforts and commitments, I hope that the noble Baroness, Lady Taylor of Stevenage, is reassured and that her noble friend feels able to withdraw the amendment.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the Minister for that response. However, while listening to the response, it was easy to think, “Well, everything’s great, isn’t it? Nothing is going wrong; there are no problems”, when in fact the house is on fire. Everybody can buy into levelling up, but you then have to actually do some levelling up. It is very frustrating—we cannot equip people with the skills they need to read, to write, to get the job, to make their lives better. It frustrates me that what the Minister said suggests that there is not really a problem here and it will all be fine. We have to invest in people. That is so much of what is wrong here.

We mentioned transport services. If you cannot get on the bus to get the job, you will not get the job. I know that I am a Londoner and sound like one, but I did live in the Midlands for 20 years—in rural Leicestershire, in rural Nottinghamshire, in Nottingham and in Coventry—so I know a bit about living outside London. If you cannot connect areas of deprivation with areas of prosperity, you will not make any progress.

What worries me is that levelling up will go like the big society—do we remember that one? It disappeared after a couple of years; it was quietly pushed away. It was the big thing and all over the Tory manifesto in 2010, then it just vanished without a trace. After about two years there was never any mention of it, except by the Opposition. I worry that this Bill will become an Act but, when we look back in three, four or five years’ time, we will ask how much has really been enacted. After lots of consultation and lots of discussion, how much will have been enacted and how many regulations will have been laid?

I will leave it there and withdraw the amendment. This is such a big area that has cross-party support. We need to see more action, and things are not quite as rosy as the Minister said.

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[Baroness Wilcox of Newport (Lab)]

My Lords, I am afraid that you have the understudy. As a former leader of a city council, I have followed the Bill very closely. I am delighted to make a contribution, even if it is in the last minute of the game. I thank my noble friend Lady Young, the noble Baroness, Lady Willis, and the noble Lord, Lord Foster, for their detailed and careful consideration of these issues—land is, indeed, a finite resource—and how these might be incorporated into the Bill, as well as for their long-standing championing of the issues of shared land use. These challenges are of incorporating the needs of competing demands, alongside ensuring proper protections for the environment and that consideration is given for access to green space and all the benefits that that brings to people and communities.

It continues to be a disappointment that no progress has been made on a land use framework in spite of ministerial promises, which have been reiterated by both noble Lords in the earlier part of this debate, and to hear that the Government seem to be rolling back from a land use framework that addresses all the issues flagged up in your Lordships’ Select Committee, including planning, development, housing, infrastructure, energy and transport. If these issues are not addressed in a land use framework, it will be seriously incomplete, which will undermine its ability to ensure that our scarce land use resources are able to deliver for all the policy areas covered by the levelling-up Bill.

The introduction of this Bill, with its intention to reshape the planning framework—I have had plenty of headaches about planning in my time in local government—and to deliver on cross-departmental and multifunctional land uses, seems like an opportunity too good to miss. I hope that the Minister will give careful consideration to using this legislation to give some impetus to the introduction of a land use framework, and that all the hard work that has gone into the Bill from all sides of the House will lead to a satisfactory conclusion in an extremely important area.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, Amendment 504F in the name of the noble Baroness, Lady Young of Old Scone, would introduce a legal duty for the Secretary of State for Environment, Food and Rural Affairs to lay a land use framework for England before Parliament no later than one year following the passage of the Bill and would also define content and scope.

The Government agree with the principle and recognise the need for the land use framework, which is why we committed in the food strategy to publish one this year, earlier than this amendment would require. The Secretary of State for Defra reiterated this commitment in the environmental improvement plan in January this year. The noble Baroness, Lady Wilcox, has been unduly pessimistic: there is progress on the work on the land use framework. It is under way and will build on the insights presented by the Land Use in England Committee in its recent report. The noble Baroness and others are right to focus on multifunctional land use. That will be critical in delivering on this Government’s ambitious plans.

The noble Baroness, Lady Young, also asked for clarity on the progress of government work. I can reassure her and the noble Lord, Lord Foster of Bath, that several government departments have targets with land use implications. We are working with them all to understand and take account of their land use expectations. As well as Defra, this includes the Department for Energy Security and Net Zero, the Department for Levelling Up and the Department for Science, Innovation and Technology. I hope that provides some reassurance.

Amendment 504G introduces a legal duty on the Secretary of State to establish a land use commission as an independent arm’s-length body reporting to the Cabinet Office. The amendment builds on the work of the House of Lords Land Use in England Committee, as has been said, which recommended this in its final report. The Government accept some of the reasoning behind the proposals for a land use commission, including there being significant opportunities for government departments to collaborate on research, analysis and policy development on land use.

In the Government’s response to this recommendation in the committee’s report, they do not agree that a separate commission is necessary. This is because many of the potential benefits of a commission are achievable with improvements in collaboration on land use between the different departments. This improvement is already under way through the preparation of the land use framework.

The noble Baroness, Lady Young, mentioned the different experience of Scotland. While the department agrees that there are strong similarities, there are differences between the biophysical, cultural and ownership characteristics of land in England and Scotland and a number of important matters for land use, such as planning, are devolved. While we want to learn from the experience of the devolved Governments in land use, we do not think that we will share all the same issues and solutions.

As I think my noble friend Lord Benyon mentioned at the Dispatch Box this week, the cost of a land use commission would be somewhere between the Scottish Land Commission’s £1.5 million and the Climate Change Committee’s £4.5 million. I hope this provides sufficient reassurance.

The noble Lord, Lord Foster of Bath, asked about planning system additions. The Government’s response to the House of Lords Land Use in England Committee report stated:

“We agree with the suggestion that the framework should not replace the planning system, which is the main mechanism through which development is considered strategically”.


With those few comments, I hope the noble Baroness, Lady Young of Old Scone, will feel able to withdraw this amendment and not move the other.

[Baroness Young of Old Scone (Lab)]

I thank noble Lords for their contributions and support. I very much value and endorse what the noble Lord, Lord Foster of Bath, said about it not replacing or being in conflict with the planning system. It was good to hear that reinforced by the Minister, because it is an important reassurance that we need to give to local landowners, who might otherwise see this as a bit of a bogeyman.

The response on progress is encouraging, but it would be good to know what that progress is. It is all very well getting assurances of progress, but this is such an important issue, impacting so many people, that there ought to be a much more public element to the process to demonstrate how that progress develops over time.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I can offer to write to the noble Baroness and Members of the Committee on the progress being made.

[Baroness Young of Old Scone (Lab)]

That would be extremely helpful; I thank the Minister. I also very much approve of the assurances we have got that the Department for Energy Security and Net Zero, DLUHC and the Department for Science, Innovation and Technology will be an integral part of the process. We just need reassurance that there will not just be consultation with these departments on Defra land use issues but that this will cover the policy areas of these departments that have land use implications.

I accept that Scotland is different—I kind of know that, because I am Scottish—but I have been very encouraged recently by work beginning on a land use strategy in all-Ireland. I spent some time with civil servants in Northern Ireland and representatives of the south on the importance of a land use strategy there. It was heartening to see that it was being accepted on the island of Ireland.

On the cost of a commission, task force, expert group or whatever body might carry the flag to help the Government on land use, I think that £1.5 million to £4.5 million is a drop in the ocean these days. I do not know about other noble Lords, but I have been really taken by the fact that, during Covid, we got used to dealing with billions rather than millions—£1 million or £4 million is kind of just the fluff out of the Chancellor’s back pocket rather than a substantial element of national investment for such an important issue.

To finish, history is always a good teacher and, although I cannot remember because I was just a twinkle in my daddy’s eye at that stage, the post-war settlement very much stressed the fact that there were three important pillars of the national resource. The first was capital investment, the second was labour and skills, and the third, strangely enough, was land. Over the years, we have forgotten about land being an important national pillar of resource. We need to get back to giving it that degree of priority.

Although I beg leave to withdraw the amendment at this point, I am afraid that I cannot promise not to keep banging on about it. I may well come back with one or other amendment in some form at a later stage.