Levelling-up and Regeneration Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Tuesday 18th July 2023 Lords Chamber

[Baroness Willis of Summertown (CB)]

My Lords, I am moving this amendment in the place of the noble Lord, Lord Randall of Uxbridge, who unfortunately cannot be in the House today. I thank the noble Baronesses, Lady Jones of Whitchurch and Lady Bakewell of Hardington Mandeville, who is not in her place, for their support. This amendment would implement the recommendations of the Glover review, which the Government agreed to four years ago, to put nature’s recovery at the heart of the purpose of all national parks and areas of outstanding natural beauty. The review proposes three key areas where changes would be implemented in the purposes, plans and statutory duties associated with national parks and areas of outstanding natural beauty.

First, it proposes that national parks and AONBs should be given new statutory purposes to actively restore, conserve and enhance biodiversity; to meet the environmental targets set out in the Environment Act and Climate Change Act; to implement local nature recovery strategies and environmental improvement plans; and, really importantly, to connect more people to the nature and special qualities provided by national parks. Importantly, this amendment also suggests that these new purposes would have equal weight with the existing statutory purposes of national parks.

Why do we need them? We need them because, as stated in Committee, our national parks are in a perilous state for biodiversity. They might seem very lush and green but, a bit like in Rachel Carson’s Silent Spring, the sound in those national parks is getting quieter and quieter. We are now at a point, which I find very concerning, where many of our rare and vulnerable species do better outside national parks than in the protected areas inside national parks. Only 26% of sites of special scientific interest in national parks have been marked as favourable, compared to the national average of 33%.

It is not just terrestrial ecosystems and landscapes for species that we are talking about; it is also true of our rivers. Following on from the previous amendment, we have huge problems with our rivers in national parks for some of the same reasons that were given in the previous discussion. For example, the River Dove, which is one of the most scenic rivers in the Peak District, recently had its ecological status assessed, and just 6% of its surface waters were classified as being of good ecological status.

We raised these points in Committee. To be fair to the Minister, in his response he recognised how important the protected landscapes are for improving nature and tackling climate change, and for supporting rural communities. So we absolutely agree on the outcomes, and I do not disagree with that at all. He also suggested that

“we need to strengthen governance and management through the Environment Act 2021”.—[Official Report, 18/5/23; col. 480.]

We were promised that one of the things we would end up with was the new guidance that was to be delivered shortly to do just this. One set of guidance came out on 17 May but, sadly, it absolutely fails to achieve these aims. There is one section in the whole of the guidance on national parks and the protected landscapes within them, and this is the recommendation:

“If appropriate to your public body, you could comply with your biodiversity duty by … helping to developing and implement management plans for national parks or AONBs”.


We have this fleeting reference and the extremely weak language of “could”. It is not providing the backbone or mandate that we are looking for for protected landscape authorities to take active steps. We are therefore asking the Government to consider this again. That is why we are bringing this part of the amendment back, to see whether the Government now feel able to accept the changes we are suggesting.

The second way this amendment sets out to put nature’s recovery at the heart of the purpose of national parks is by strengthening the duty on public bodies to further protect national parks. As stated by the Minister in Committee, currently all public bodies and organisations providing public services, such as national highways, local authorities, and water and forestry companies, have a duty to regard national parks’ purposes via Section 62 of the Environment Act 1995. The Minister went on to say:

“The Government intend to publish guidance to ensure that the existing duties on public bodies are correctly interpreted”.—[Official Report, 18/5/23; col. 481.]


However, we feel this still does not go far enough because of the term “to have regard”. It is the weakest form of duty that can be proposed in legislative terms. It requires only that somebody gives some consideration to the statutory purposes, not that any weight needs to be given to those purposes.

What does “have regard” mean on the ground? It means that we are currently seeing planning permission being granted in national parks and areas of outstanding natural beauty for roads, stone quarrying, forestry plantations, large-scale housebuilding and potash mines. I would go so far as to say that I do not think there is a single area of outstanding natural beauty or a national park that does not have some of these planning applications going in and being agreed to.

Proposed subsection (2) of the new clause in this amendment seeks to deal with this issue by changing and strengthening the legislative terms to require all public bodies to give equal weight to these protected landscapes and wildlife, and to further their purposes in their own work. What does that mean in practice? It means that relevant organisations would have to demonstrate how any decisions they make which affect land in or close to protected landscapes are helping to improve wildlife. I very much hope that the Government will once again look at this language in these terms.

The third and final way that this amendment sets out to put nature recovery at the heart of the purpose of national parks is to say that there needs to be clear national park management plans, and they need to have clear priorities and actions for nature’s recovery. The Government have previously stated their intention to align local management plans, but we have yet to see this in any secondary legislation coming through with the Environment Act.

We have brought this amendment back for further consideration and to put some detail and focus back into national park and AONB management plans on a statutory footing. I look forward to the Minister’s response on Amendment 139. I know we all want to get the same outcome, but what we do not agree on is how we are going to get there and how we are going to do this. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I shall speak to Amendments 272 and 273, in my name and that of the noble Lord, Lord Carrington, to whom I am grateful for his support.

Before I address those amendments, I want to express my severe reservations about Amendment 139. I congratulate the noble Baroness, Lady Willis of Summertown, on moving the amendment, in her name and those of my noble friend Lord Randall and others, so eloquently. However, I want to consider why national parks were created. They were set up and have become cherished spaces that seek to reach a balance between those who live and work here, those who enjoy activities such as walking and riding, and the environmental benefits to which the noble Baroness has referred.