English Devolution and Community Empowerment Bill

Baroness Jones of Moulsecoomb Excerpts

Thursday 5th March 2026 Grand Committee

[Baroness Taylor of Stevenage (Lab)]

Indeed, I would very much welcome the noble Earl’s feedback as we start to develop the statutory guidance on that. He is very welcome to comment further on the issues around this use of cultural assets.

Amendments 223A, 224A, 225, 226 and 228 are on assets that further the environmental well-being of local communities. I reassure the noble Baronesses, Lady Bennett of Manor Castle and Lady Freeman of Steventon—I am sorry that she cannot be here today but I will send a draft of my speech to her—that the community right to buy will empower communities to protect a broad range of assets that are important to local life. That includes environmental assets. Communities will be able to nominate an extensive range of environmental assets, where they further their social or economic well-being, through the current provisions in this Bill. This could include allotments, playing fields, woodlands and farms, to name but a few. Statutory guidance will make clear that local authorities should accept nominations for such assets that meet the criteria.

However, the scheme is not intended to be used as a vehicle for general environmental protection. While excluding land allocated in local development plans will be helpful in preventing the scheme being used to block development activity, it is important that it remains focused on those assets that have an existing or historic role in community life. Environmental problems are best tackled through effective regulation, and this scheme should not act as a fallback or proxy for that.

[Baroness Jones of Moulsecoomb (GP)]

I feel that, once you have left the environment out of the legal safeguards on this particular aspect, you are inviting people to ignore them. I am very concerned about that. I am not just talking about sorting out problems; opportunities for local people could be completely disregarded.

[Baroness Taylor of Stevenage (Lab)]

As the noble Baroness will be aware, there is a whole range of safeguards in the planning system for environmental purposes. This asset of community value is there for communities to enable them to protect particular assets that they find of value in the environment. We will be developing the guidance for this and I hope the noble Baroness will take part in that guidance. She asked me earlier today if I will meet her and I am of course very happy to do that.

I turn to Amendments 232A and 232B. I agree with the noble Baroness’s sentiment that as many assets as possible should come into the scope of the policy; however, we have to recognise that there are some types of land that it will not be feasible or justifiable to designate as ACVs, as other interests may take precedence. That includes private residences and operational land used for statutory undertakings such as water, gas and electricity. It is right that the policy prevents the listing of land in these limited circumstances, which is why the Secretary of State has the power to set out land that is not of community value in regulations. We will continue to keep the list of exemptions under review to ensure that it is not unnecessarily restrictive and that communities can protect a wide range of assets.

Amendments 234ZA and 234A seek to broaden the definition of a sporting asset of community value. The current statutory definition of a sports ground in the Safety of Sports Grounds Act 1975 explicitly states that the ground must have a spectator facility, so that provides a clear objective framework to help councils assess eligibility for listing as an SACV. There is no comparable alternative legislation that provides a comprehensive or universally applicable statutory definition. Broadening this definition would place a considerable burden on local authorities to identify grounds they consider to be eligible for SACV listing and to retain up-to-date lists of them. Any ambiguity could lead local authorities to being less confident about listing these vital assets.

The current definition of an SACV, which encompasses the majority of grounds that have a spectator facility, will significantly increase the number of assets that communities can take ownership of under the new community right-to-buy scheme. Furthermore, a spectator facility is a sensible and objective indicator of community value. A ground with a built space for spectators is clearly designed for shared organised use and already serves a wider community purpose. Grassroots-level grounds that do not meet the definition under the 1975 Act will still be eligible for listing under the regular ACV scheme.