Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, I draw attention to my environmental interests in the register.

When I was a kid, every Christmas I knew by the shape of the parcel under the tree that my present was going to be a book, but I could not stop hoping that it just might be a pony. This is how I feel about the Bill. I desperately want it to be a pony. Let us see what we can do perhaps to make it so.

This is a big Bill at 408 pages, yet most of its elements make no mention of climate change or biodiversity declines, two of the major threats to future prosperity. People in areas of greatest economic disadvantage experience further disadvantage from poor-quality environments. For example, they have lousy air quality and lack access to green spaces and the benefits they provide to physical and mental health, yet there is no mention in the Government’s levelling-up missions of climate change and biodiversity and ecosystem decline. We must look on these not as missions but as omissions.

On the built environment, we have heard concerns from many noble Lords about proposed changes to the Section 106 arrangements and the impact on social rented housing, which is so important to levelling up. The lack of attention to climate change in the Bill makes this worse. Poorer communities in substandard, damp houses with poor insulation pay through the nose for fuel and the privilege of being colder and sicker, choosing between heating and eating, yet there is hardly any mention at all of climate change in this Bill. I do not know why I am surprised by that, since the Prime Minister signally omitted any prioritisation of the climate change and environmental challenges in his recent vision.

Levelling up must be environmental as well as economic. Apart from anything else, green jobs are going to be growth jobs. In Part 6, one of the few places where the environment gets a look-in, the Bill sweeps away strategic environmental assessment and impact assessment mechanisms for environmental appraisal, which the UK played a huge role in developing. We do not know what the Bill puts in their place, as it merely gives Ministers powers to design environmental outcomes reporting. This is one of the first examples of the Jacob Rees-Mogg assault on retained EU legislation —of which much, much more when that Bill comes to your Lordships’ House.

The Bill’s provisions for environmental outcome reporting leave it to Ministers to make sweeping changes to environmental impact assessment without any parliamentary scrutiny. Will the Minister remedy that and ensure widespread consultation on these initial and any future changes? Will she assure us that existing EU case law on strategic environmental assessment and EIA will have some status in the future arrangements? We have learned much over the past 30 years that is too valuable to lose.

The Government say that the Bill is about devolving power, but national development management policies seem to go in the opposite direction; they appear to be top-down and centralising, overriding local and neighbourhood plans, ignoring local differences and lacking consultation. Can the Minister assure us that the Government will amend the legislation to ensure that those policies will be subject to consultation, along the same lines as consultation on the National Planning Policy Framework and the national significant infrastructure proposals?

This Bill is such a lucky dip—or, as my noble friend said from the Front Bench, a jamboree bag—that I doubt whether noble Lords will be able to resist lobbing stuff into the mix, particularly as we have been firmly told that we are not going to get a planning Bill. This may be the only opportunity under this Government to raise further environmental issues, so I personally feel the urge to lob coming on.

Let me outline some of the things we ought to see in the Bill that are currently not in it. Noble Lords have already talked about implementation of the Glover report recommendations for enhanced environmental and climate change powers for national park authorities. Secondly, there should also be a statutory status within planning law for local nature recovery strategies, joining up across Defra and DLUHC policy. There is a novel thought: joining up across government. Thirdly, there should be strengthening of protection for ancient woodland—I wonder whether I have said that before. It was promised in the sidelines on the Environment Bill but has been slow in materialising from DLUHC, so pressing for statutory arrangements would be worth while. I hope also to table some amendments on improved arrangements for tree protection orders.

Fourthly, a new environment and climate change purpose for the green belt is long overdue. The green belt needs to work harder for its living—for people, for local communities and for levelling up. Fifthly, we need a statutory status for land use framework proposals, outlined in the recent Select Committee report on land use to your Lordships’ House. Lastly, we need a simple and elegant amendment that would allow disadvantaged communities across the land all the health, environment and social benefits to be gained from having access to local land and a right to grow their own food. So watch this space when we get into the jamboree bag.

I finish by simply stressing that we really have to help this Bill to ensure that levelling up is about environmental, just as much as social and economic, levelling up. I congratulate the two maiden speakers and my noble friend Lady Taylor of Stevenage, who gave a great speech at the beginning—but the speech I really want to hear is that of the noble Lord, Lord Heseltine, who invented levelling up. I look forward to it very much.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Committee stage
Wednesday 22nd February 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I am beginning to think that eight days is not enough for Committee. I am sorry about that, but it is such an exciting Bill and we all have so much to say. The point about which data to collect is interesting, because, of course, there is data that is extremely negative and it would be difficult, perhaps, to find a category for it. For example, so far, a huge amount of money has been wasted by the levelling-up funds, because local authorities have often used a lot of time and energy putting together bids that have failed. Are the Government going to collect the data on that waste of money, which obviously —in these days of 13 years of underinvestment in councils and the loss of EU structural funds—means a lot to councils and will affect the service that they can give to their residents? There has been a failure of levelling up already and perhaps we are not measuring everything we should be measuring.

There are a couple of dozen local authorities run by Greens as part of the administration. Many Green councillors have expressed their dismay to me at the level of waste in the levelling-up fund, and it very much concerns me. Instead of taking a long-term view of what is needed, the Government sought quick wins, quite understandably; I can entirely support that idea. However, they demanded submission of “shovel-ready projects”, combined with tight deadlines for submissions, so local authorities had to quickly piece together bids, rather than taking the time to develop what they might have thought were the most impactful and valuable project proposals for their areas. Personally, I see this as a continuation of Boris Johnson’s natural urge—which I saw quite a lot of when he was Mayor of London—to splash money around on grand ideas that grabbed headlines but often failed to come to any sort of fruition.

So far, I do not think the levelling-up fund has been value for money, and it has not been targeted at areas that need it most. There has been a lot of political decision-making about where the funds go, and it is alleged that they have disproportionately benefited Conservative-voting areas. The Government now need to give local authorities a long-term view of what is needed and let them put together long-term proposals. They need capital funds that will be made available over a period of years and support them to dig deep into what would benefit their own areas, because they will know best. I can see a lot of late nights in my future with this Bill, and I do hope that the Government will listen to what we are saying.

[Baroness Young of Old Scone (Lab)]

My Lords, I support Amendment 10 in the names of the noble Lords, Lord Shipley and Lord Foster of Bath, and Amendment 58 in the name of my noble friend Lady Hayman of Ullock. The work on this Bill needs to take a very careful approach to geographic disparities. It can be typified as a north/south issue or even as an inter-authority issue, but disparities do not just exist at regional or local authority level but operate in small, distinct areas of multiple deprivation that are embedded in even the most affluent areas of this country. This is so in rural areas and in urban areas as well.

For eight years, I ran health services for Kensington and Chelsea, where areas of tremendous wealth and privilege sit cheek by jowl with pockets of the most extreme poverty in England. I remember taking a new Conservative Minister of Health around the patch, and he expressed extreme doubt about the value of health visitors visiting newborn children and their mothers to check on their progress. He said, “I don’t think my daughter needed that. That’s what the nanny was for”. I took him around an area about 200 yards north of where his daughter and said nanny lived in Ladbroke Grove, to a squat with a single-parent 16 year- old new mum living in a single room with no electricity, with the loos purposely blocked with concrete by the landlord, who wanted them out. There was slime running down the walls. I think at that point he did see the value of health visitors, but that degree of poverty was within a 200-yard strip of pretty wealthy—certainly comfortable—living. It is also the case in rural areas. Rural poverty is often hidden in small pockets in dispersed communities, and in small communities where everybody knows about it but it is not very visible to anybody in authority.

I am afraid that I was not here on Monday, but the Minister must have said then that the tools do exist for looking at data on levelling-up issues at a very fine-grain level. That has been enhanced in the last few years by modern mapping and big-data analysis techniques, which is the shortform for the thing that got the noble Lord, Lord Foster’s, towel around his head. I am proud of the fact that it was the Labour Government who set up the Neighbourhood Statistics Unit in the early 2000s. As a result, we have a long history of fine-grain, small-area statistics based on what is snappily known as “lower-layer super-output areas”. There are almost 33,000 of those that are mapped on a continuous basis for a whole range of parameters across the country. It is that kind of level of statistics that we need to use to track levelling up within and between neighbourhoods.

If you read the White Paper, you see that it talks about that sort of issue. It talks about being able to differentiate and to have data as one of its five pillars. However, that really does not reflect in other measures in the Bill. We may have the data, we may have the commitment to small-area identification and levelling up on that basis, but I am not sure that we have anything in the Bill that then takes that forward.

I very much welcome the expansion proposed by these amendments to what is basically the index of multiple deprivation, which is the current most-used official measure of relative deprivation in England. I would have liked to have seen environmental poverty and quality of environment added. People in poorer areas tend to be landed with a poor-quality environment. In Victorian days, as you got richer, you moved up the hill to get further away from the smog. That is still the case now in terms of people’s aspirations to get out of the crap environments they often live in as soon as they have got the money to be able to do so. We simply cannot continue with that. Will the Minister say how the Government intend to ensure that levelling up focuses on this fine grain of geography in both rural and urban areas, in order to be effective and to ensure that they do not miss out in higher-level aggregate monitoring of the levelling-up process?

There is, rightly, much focus on the role of local authorities and local institutions in this. However, the Government need to show how we will monitor that that work is happening within local authorities in an effective way if levelling up is to become a reality for many of these people, who spend their lives in pretty poor circumstances, watching their rich neighbours nearby.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Committee stage
Wednesday 22nd March 2023 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, although perhaps I would not want to align myself with my friend’s sentiments about the complexity of the Covid rules currently being examined at the other end, I support this group of amendments.

Net zero and adaptation to the impacts of climate change are getting more and more difficult because they are more and more pressing. We have to deploy every tool in the toolbox, and the planning system is a pretty powerful tool if it is properly pointed. It is true to say that the National Planning Policy Framework requires local authorities to address climate change, but when push comes to shove, housing targets tend to get the upper hand. If a local authority lays stringent requirements on developers about net zero or adaptation to the impacts of climate change, the viability test immediately gets rolled out, as well as challenges about developments being not viable under the rules that the local authority is laying down. Local authorities have to have some sort of protection against that kind of challenge, by being able to point to strong guidance and a statutory requirement to deliver net zero and adaptation to climate change.

As my noble friend on our Front Bench said, it is good that a large number of local authorities have declared a climate emergency, but they now need help to make that reality. There are already a few hooks in planning legislation that local authorities ought to be able to rely on, but they are clearly not sufficient because planning inspectors are overturning development proposals and local plans on the basis that the planning authorities have gone too far. We have to make sure that they are not going to be subject to those sorts of local challenges for doing the things that need to be done to tackle this emergency.

These amendments have some considerable strength. As has been said, they deal not just with plans but with planning policy, and indeed with individual applications. They talk not just about net zero but about the very real need for local planning authorities to take pretty stringent steps to ensure that there is adequate adaptation to climate change on a local basis.

If noble Lords really want to break their hearts some evening, they should go and read the successive reports of the Adaptation Committee of the Climate Change Committee, very nobly chaired by the noble Baroness, Lady Brown of Cambridge, who is not in her place. It would break your heart to see how little progress we have made in making our local settlements, infrastructure, and other important things for the quality of life and of the economy in this country resilient in the face of climate change. We really have to get a grip of that one.

Other excellent features of the amendments are that they cover climate change and nature, and are about mitigation actions, as well as adaptation. It would be extremely helpful to planning authorities, developers, and those who care about climate change and climate adaptation for these amendments, or some variant of them, to be accepted at Report.

[Lord Stunell (LD)]

My Lords, I support these amendments and I thank the noble Lord, Lord Ravensdale, for bringing them in front of noble Lords today. I want to focus on just one aspect of this. It is about not just whether the Government agree to these amendments and facilitate all the action which noble Lords have already spoken about but whether they back away from the current position, which is putting a ceiling on the ambition of local planning authorities in achieving net zero, and indeed in trying to set a purpose that is in any way in alignment with the nationally set targets of getting to zero carbon by 2050.

Many local authorities are straining at the leash to make their communities zero carbon and to ensure that they take steps to protect the well-being of their residents from flooding and extreme weather events, and from the costs and harm that they can see happening now and foresee coming in the coming decade or two if they do not take vigorous action to tackle climate change and mitigate the worst consequences of it. Unfortunately, time and again, via the Planning Inspectorate or government pronouncements, local planning authorities are prevented from taking those actions by the imposition of a national framework which is not in alignment with the equally national statutory framework to reach zero carbon by 2050.

If the Minister feels that, somehow or other, the formulation of the noble Lord, Lord Ravensdale, is not the right one, that is fine, but can she, in the first instance, say that she and her Government will not continue to deliberately suppress the ambition of local authorities to achieve that national target and come forward herself, or encourage her Government to come forward, with a way to facilitate progress along the lines the noble Lord, Lord Ravensdale, has so well set out today?

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Committee stage
Tuesday 18th April 2023 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords—

[Baroness Parminter (LD)]

My Lords, can I briefly follow my noble friend Lord Teverson? There is no need to replicate what he said, but I have to dash off and meet someone at Peers’ Entrance, which is why I was desperate to get in. I hope that the noble Baroness, Lady Young, does not mind.

I have two points. I put my name to the amendment of the noble Baroness, Lady Bennett of Manor Castle, on hedgehogs. As the noble Baroness, Lady Hayman, said, we all love hedgehogs, but I wanted to add two points, because I am sure that the Minister will come back and say why the Government cannot do this very simple thing which would make such a massive difference to our hedgehog population, which is in desperate decline.

The two points are as follows. Many Members may not know that, on an average night, those little fellows travel about two miles and, when it is mating season, even further than that. Having holes in fences makes a massive difference to them getting food and mates to survive. That is a very small thing. Remember that fact: they travel two miles every night and, when it is mating season, even more.

We are not talking about a big amount of space; we are talking about a quarter of a piece of A4 paper, so people do not have to worry that their cats or dogs will get out unnecessarily. Fencing with holes of that size is commercially available now. I am sure that the developers will come back and say to people, “Oh, we can’t do it because it will put up the costs of housing applications”. However, hedgehogs have consistently been voted the favourite animal of people in this country, so developers could market and sell these homes as hedgehog-friendly.

I hope that the Minister will not come back and say that the Government will not do this because it would put up the cost of planning applications. This is a major way to help one of our iconic species, and it would have the full-hearted support of the British public. I thank the noble Baroness, Lady Jones. I will be back.

[Baroness Young of Old Scone (Lab)]

My Lords, speaking in this debate is fraught with danger: you either follow the noble Baroness, Lady Parminter, who spoke about much-loved small animals with pointy noses and whiskers, or you follow the noble Lord, Lord Teverson, who said everything that I was hoping to say. But the tradition in this House is to barrel on regardless. I declare several interests: I am chairman of the Woodland Trust and president or vice-president of a range of environmental and conservation organisations.

This is quite a meaty group but, as the noble Lord, Lord Teverson, said, it is very important. I speak in support of Amendments 201, 214, 226, 270 and 309. I very much support Amendments 201 and 214 in the name of the noble Lord, Lord Lansley. They typify the most important theme of this group: the whole business of getting the planning system joined up with climate change objectives and targets and with nature recovery objectives. Noble Lords who were here yesterday will know that the noble Lord, Lord Deben—who is not in his place—from the Climate Change Committee, said that this was absolutely vital.

Amendments 226 and 270 in the name of the noble Baroness, Lady Hayman of Ullock, talk again about joining up climate change mitigation and adaptation in the plan-making process. It is important that adaptation is brought to the fore—I will talk more about that.

On the amendment of the noble Lord, Lord Teverson —on making planning policies and local decisions consistent with the mitigation and adaptation climate change measures—I am afraid I do not agree with the noble Lord, Lord Lansley, that delegating this to an even lower level of individual planning decisions is wrong. This is a crisis, and we need action now, everywhere, in everything, and at the same time. Local planning decisions absolutely have to be joined up with these objectives as well.

For me, there are two main principles here. One is the whole joining-up issue. In this country, we are incredibly bad about operating in siloes—I am sure all Governments are—as far as policies are concerned. We have to learn to walk, talk and chew gum at the same time, and to deliver policy objectives from other siloes, not just those that are in the policy area of the department concerned.

The one I always cite and bang on about endlessly is the land use issue, where we are about to see the publication of a land use framework for England that takes account only of Defra’s issues—agriculture, climate change and biodiversity—and none of the development, infrastructure or energy issues. It is a clear example of where we are failing to join up policy, and that will be the case if we do not get these very important climate and biodiversity objectives into the planning system at every level. Lots of bodies are calling for it, including the Climate Change Committee and the Skidmore report—I want to put a small wager with the House as to how many comments on the Skidmore report can be made in glowing terms in one debate, because, quite frankly, it comes up in every single item we talk about. I am delighted to see the noble Lord, Lord Deben, here, even though I was quoting him in his absence.

The Climate Change Committee, the Skidmore report, the National Audit Office and the House of Commons local government committee, as well as the Blueprint Coalition and UK100, both of which are local government networks, are all calling for climate change and biodiversity recovery objectives to be built into the planning system. The one rogue in all this is the Planning Inspectorate, which appears to have lost the plot. It made two very important individual decisions in west Oxfordshire and Lancaster, referred to by the noble Lord, Lord Teverson, which told local authorities that they were going too far if they adopted net-zero policies. That is just tosh, and the Planning Inspectorate must be made to get back into line. It will have a hugely chilling effect on other ambitious local authorities, and we must remember the high number of local authorities now committed to a state of climate emergency and doing audits of their local plans to see what contribution they make to net zero. However, lurking in the background are those two dreadful decisions by the Planning Inspectorate, which will put them off mightily, because planning officers spend a lot of their time watching their backs. We have to do something about the Planning Inspectorate, and legislation to bring together the climate change and nature recovery objectives with the planning system would be a huge move forward.

Before I finish, I will make a point about adaption. If I am conscious when I die, I will utter the immortal words, “I invented the Adaptation Sub-Committee”. When we put together the Adaptation Sub-Committee of the Climate Change Committee, it was not popular—not even with the Labour Government—and it took a lot of standing on tails to get it to happen. It has since graduated and is no longer called a sub-committee, which is great, but a few of the teeth originally in the legislation proposed by that the committee were taken away quite early on, and we see some of the impact of that. The noble Baroness, Lady Brown, who is not in her place but is doing a wonderful job of chairing the committee, has, through repeated reports, indicated how we are not coming up to the mark as a nation in preparing for the undoubted impacts across the board, including not just flooding and heat effects but a whole range of other impacts. The Climate Change Committee’s last stirring words were that adaptation was

“the Cinderella of climate change, still sitting in rags by the stove”—

a fine phrase. Its advice on the UK’s third climate change risk assessment says that

“adaptation policy and implementation is not keeping up with the rate of increase in climate risk”

and that all climate-related risks have increased over the last years and not declined. So we have a real problem with coping with the undoubted impacts that are already happening and will only get worse, as they already have been.

In this respect, it is not enough just to fiddle with adjustments to the National Planning Policy Framework. The last set of fiddling did not deliver; we need clear statutory policies to embed the links between planning policy and plans, local decisions, and climate and nature recovery. They are needed now, and I hope that noble Lords will feel able to support the amendments that enshrine them.

[The Duke of Montrose (Con)]

My Lords, I will say a few words in support of my noble friend Lord Caithness. I can well understand him introducing the question of wildfires, because in my lifetime I can remember a couple of horrendous wildfires in Caithness. This legislation, as noble Lords will be aware, is intended to involve Scotland. We must produce a holistic approach to all these elements. If we are looking at controlling wildfires, we need a policy that includes firebreaks—there is no other way. It is not a question in this Bill, but finance will have to be provided to create firebreaks.

The Scottish Parliament, as far as I can remember, is considering a complete ban on moor burning. The trouble with moor burning is that it affects so many elements, and they must be taken into account. I declare an interest, because my family owns about 2,000 acres of blanket bog, and we are involved in peat restoration in quite a bit of it. All elements should be considered.

--- Later in debate ---

The Government do not feel that they can support this group of amendments, for the reasons outlined.

[Baroness Young of Old Scone (Lab)]

Before the noble Baroness moves on, will she address the issue of why, if everything is already fairly clearly laid out in both statute and the National Planning Policy Framework, the Planning Inspectorate is busy telling local authorities that they cannot do net zero?

[Baroness Bloomfield of Hinton Waldrist (Con)]

As I mentioned, this summer there will be a review of the whole framework, based on the responses already received. That will take place after the Bill has received Royal Assent. If there is any further detail I can add on the specific question about planning, I will either manage to get an answer while I am still at the Dispatch Box or write to members of the Committee. I will not make a commitment as to when that letter will be available, because we are coming back here on Thursday and that might be a little ambitious, but I will address those points separately.

Amendment 201 in the name of my noble friend Lord Lansley proposes that the joint spatial development strategy contribution to mitigating and adapting to climate change be made consistent with authorities’ other environmental targets, such as carbon reduction. I accept and understand the positive aims of this proposed amendment; however, new Section 15AA(2), as he mentioned, already contains requirements relating to climate change and environmental protection and improvement. In addition, the Environment Act 2021 has further strengthened the role of the planning system through mandatory biodiversity net gain and local nature recovery strategies, setting the foundations for planning to have a more proactive role in promoting nature’s recovery.

My noble friend also asked whether the provisions in Schedule 7 will ensure that local authorities meet their share of net zero. The net-zero target in legislation applies to the Government rather than individual authorities, recognising that net zero requires action across all aspects of policy, not just those within the remit of local authorities, and will therefore have different implications across different parts of the country.

As previously mentioned, chapters 14 and 15 of the current National Planning Policy Framework already contain clear policy that promotes the mitigation of and adaptation to climate change, as well as protection and improvement of the environment. The Government will carry out a fuller review of the framework following the Bill’s Royal Assent, as I said, to ensure that it contributes to climate change mitigation and adaptation as fully as possible. In light of these factors, planning authorities are already bound to address these issues when setting their planning strategies and policies. Indeed, including specific references within this legislation could be counterproductive if those requirements are replaced, updated or added to with other requirements at some stage in the future. Therefore, we do not believe that this amendment is necessary and it is not one that we shall feel able to support.

Amendment 272 in the name of the noble Baroness, Lady Bennett of Manor Castle, proposes that all planning permissions be subject to a new condition that requires any fencing granted by the permission to allow for free passage of hedgehogs. It would also give powers to the Secretary of State to publish guidance on design. The Government are committed to taking action to recover our threatened native species, such as hedgehogs, red squirrels, water voles and dormice. Our planning practice guidance already acknowledges the value of incorporating wildlife-supporting features into development, such as providing safe routes for hedgehogs to travel between sites. Our National Model Design Code additionally acknowledges the importance of retaining, improving and creating new natural habitats, through hedgehog highways, bee and bird bricks and bat and bird boxes.

Local planning authorities, in producing their design codes, need to ensure that nature is integrated into the design of places through the protection, enhancement and promotion of biodiversity. These small measures can have a large impact on enabling nature to thrive among developed areas, but the Government do not feel that mandating this through a standard national planning condition would be appropriate. There will be circumstances in which development proposals will not impact on hedgehog habitats. Those permissions would, if this amendment were accepted, be subject to additional and unreasonable requirements to accommodate species that are not present in that area, while creating financial burdens to comply with and discharge the condition. As a consequence, while the Government accept the positive intentions behind this amendment, it is not one that we feel able to support.

Amendment 273 in the name of the noble Baroness, Lady Bennett of Manor Castle, seeks to ensure that opportunities for reclamation, reuse and recycling from demolition processes are considered during the assessment of planning applications. As I have already made clear, the Government are committed to ensuring that the planning system contributes to addressing climate change. For example, the national model design code encourages sustainable construction, focused on reducing embodied carbon, embedding circular economy principles to reduce waste, designing for disassembly and exploring the remodel and reuse of buildings where possible, rather than rebuilding. The implications of demolition are already something which local planning authorities may consider when assessing applications for development. They can, if necessary, grant planning permission subject to conditions.

I understand the desire to look more broadly at the implications of construction activity for climate change. That is a desire that we all share. Evidence on the impact of carbon assessment tools and how they can work effectively in practice is, however, not yet clear-cut. We have sought views on methods and actions that could provide a proportionate and effective means of undertaking a carbon impact assessment in planning, which could take demolition into account. We also intend to consult further on our approach to the measurement and reduction of embodied carbon in new buildings, and it will be important for this work to happen before we can commit to any intervention that affects the planning decision-making process. For these reasons, the Government believe this amendment is not appropriate at the present time, and thus it is not one that we feel able to support.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Committee stage
Wednesday 3rd May 2023 Lords Chamber

Moved by

[Baroness Young of Old Scone]

295: After Clause 123, insert the following new Clause—
“Purposes of green belt landAn area may be identified as green belt land in a development plan for one or more of the following purposes—(a) to check the unrestricted sprawl of large built up areas;(b) to prevent neighbouring towns merging into one another;(c) to assist in safeguarding the countryside from encroachment;(d) to preserve the setting and special character of historic towns;(e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land;(f) to support climate mitigation and adaptation;(g) to combat the decline of biodiversity and enhance its conservation;(h) to promote natural capital and ecosystem services;(i) to enable the public to access and benefit from green open spaces close to where they live.”Member's explanatory statement
This clause transposes the existing purposes of green belt land from guidance in the National Planning Policy Framework into statute and adds new purposes in regard to climate change, biodiversity, natural capital and public access.

[Baroness Young of Old Scone (Lab)]

My Lords, I declare my interest as chairman or president or vice- president of a range of environmental organisations. I apologise to the Committee; Sod’s law says that I have three groups in a row, in the evening, before a holiday break, at a time when the huge number of supporters that I had lined up to speak to these amendments, alas, have had to depart.

Amendments 295 and 312E—one in my name and one in the name of my noble friend Lady Hayman of Ullock, and both supported ably, as I am sure we will hear, by the noble Baroness, Lady Willis—are about green belts. A green belt sounds like a thoroughly good thing, and it has been a pretty good thing. It is big—it is nearly 13% of the land surface in England—and it surrounds some of our key towns and cities. It was invented to prevent urban sprawl, which it certainly has done very successfully. It has prevented the sort of ugly ribbon development that you see in other countries, ensured a clarity between what is town and urban and what is country, and safeguarded the rurality of our countryside. The green belt was introduced 70 years ago, but it has not really changed very much or kept up with the times. We need to expect more of that 13% of our land resource, because it is very substantial.

At the moment, 85% of the green belt has no environmental or landscape designation at all. To be honest, the green belt is not very green. Apart from restraining urban sprawl, it is mostly farmland—arable, horticultural or improved grassland—and does not do very much at all to contribute to halting the decline of biodiversity. A recent study on green belt in the north-east showed that only 1.34% of it had public access through rights of way, so it is really not fulfilling some of the Government’s key priorities. For example, it has recently been reported that 8 million households in this country are not able to access green space within a 15-minute walk, which is a recent government target. The green belt would be a huge resource to help fulfil that target, as it would others, such as on biodiversity, human health and the whole range. It is not joined up in any way in policy terms with other government priorities for land use, such as biodiversity net gain, net-zero carbon, local nature recovery strategies, natural flood risk management projects or water protection—I could go on and on. We need to see change in the purpose of the green belt.

The purposes of the green belt are currently not even in statute but simply enshrined as guidance in the National Planning Policy Framework. My amendment would change that: it would transpose the existing purposes of green-belt land and add some new purposes relating to climate change, biodiversity, natural capital and public access. This would join up green-belt policy with other government policies and commitments that exist, for example, not in the Bill but in the levelling up White Paper that preceded it. The concept of ensuring that our land delivers multiple benefits is vital to the future definition of green belt. It is also vital that it focuses planning authorities on the delivery of multiple benefits from all of the land within their plan when they are framing local plans. The green belt is vital to joining up policies at local level as well as national level.

I hope that the Government will address the question of what the green belt is for when they publish their land use framework, which we have been promised for 2023. I have some concern that that might not be the case, since the land use framework is rumoured to focus very much on Defra issues of agriculture, climate change and biodiversity, rather than joining up with DLUHC issues of planning and environmental outcomes. It seems to me that this is a real opportunity now, rather than waiting for anything that might or might not happen in the future, to place clear, multifunctional objectives for green belt in statute, and that that is the safest way forward in the absence of a land use framework.

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[Earl Howe (Con)]

My Lords, it is a pleasure to respond to the noble Baroness, Lady Young of Old Scone. She and I go back a long way to the days when I was a Minister in MAFF and she was chief executive of the RSPB. A photograph of a stone curlew used to sit on my ministerial desk. I pay tribute to her as a staunch defender of the natural environment over many years, including in her current role as chair of the Woodland Trust.

I turn to her Amendment 295, alongside Amendment 312E in the name of the noble Baroness, Lady Hayman of Ullock. Amendment 295 seeks to transpose the existing purposes of green belt land from the National Planning Policy Framework into statute. It would also add new purposes in regard to climate change, biodiversity, natural capital and public access. Amendment 312E seeks to probe the possibility of introducing legislation in relation to the green belt.

Although I entirely understand the sentiment behind these amendments, the government view is that these matters are best dealt with in national planning policy rather than legislation. National planning policy already sets out the purposes of the green belt. Such land is vital for preventing urban sprawl and encroachment on valued countryside, while enabling towns and cities to grow sustainably. National planning policy includes strong protections to safeguard this important land for future generations and these protections are to remain firmly in place.

For example, national policy is already clear that the green belt can and should support public access and that opportunities for greening should be taken. The noble Baroness, Lady Willis of Summertown, mentioned that there is already provision to say that a local authority should not propose to alter a green belt boundary unless there are exceptional circumstances and it can show, at examination of the local plan, that it has explored every other reasonable option. That, I suggest, is a strong protection.

Another example is our recent consultation on reforms to the National Planning Policy Framework. We proposed new wording on green belt boundary policy, as mentioned by my noble friend Lord Lansley. Our proposed changes are intended to make clear that green belt boundaries are not required to be reviewed and altered if this would be the only means of meeting objectively assessed housing need over the plan period. We are currently analysing consultation responses. He questioned the utility of that change. My understanding is that in the current wording of the framework there is a straightforward permissive power for local authorities with regard to green belt boundaries. The wording is not slanted either way. We think it could be beneficial to slant it in the way the consultation proposes. I do not agree that it would absolve local authorities from achieving sustainable development.

Incidentally, my noble friend Lord Lansley asked about the existing boundaries within the definition of national development management policy. We have been clear about what aspects of current policy would be a national development management policy. The decision-making parts of current policy, such as that on the green belt, would form the basis of NDMPs. The Government have also committed to consulting on amendments to national planning policy to reflect the commitment in the levelling up White Paper to bring forward measures to green the green belt, so that it can better fulfil its potential as land of scenic, biodiversity and recreational value, as well as checking urban sprawl.

Some powerful points have been made in this debate, not least by the noble Baronesses, Lady Young of Old Scone, Lady Taylor and Lady Willis of Summertown, about the green potential of green belt. We are working with Defra, Natural England and others to consider how local nature recovery strategies can benefit green belt and other greenfield land to improve people’s access and connection to nature, and to maintain and restore habitat, wildlife populations and woodland. All this is work in progress and I do not want to pre-empt the outcome of our consultation on the detail of the green belt policy in the framework.

I appreciate that the noble Baroness, Lady Young, was hoping for greater certainty at this point, or at least the prospect of it; however, I cannot provide that today for the reasons I have given. Nevertheless, I hope that what I have said will give her enough reassurance that the Government are committed to consulting on giving the green belt a greener purpose and that she will be content to withdraw her amendment on that basis. Equally, I hope that the noble Baroness, Lady Taylor, will not move her amendment when we reach it.

[Baroness Young of Old Scone (Lab)]

I thank all noble Lords who have spoken in this important debate. At least, I think I thank them all. There are one or two I probably do not agree with. The noble Lords, Lord Lansley and Lord Young of Cookham, amply showed how the polarisation argument about green belt is quite corrosive. It cannot be either/or; it has to be both. We have very little land in this country and we are asking more and more of it, so we have to find ways to meet all the needs for land effectively. That is the subject of another amendment that I have tabled to the Bill. In particular, I hope I misunderstood the noble Lord, Lord Young of Cookham, who seemed to imply that if green belt did not meet the broader criteria, other than just urban sprawl reduction, that was a good reason for building on it. In my view, we should be asking: how do we get this land, which is primarily for the purpose of restraining urban sprawl, also to do other things while it is at it?

[Lord Young of Cookham (Con)]

I hope I did not give that impression. I made it clear that as long as land met one of the nine objectives, of which protecting against urban sprawl is only one, in my view it should be green belt. My point was that if it met none of them, what was it doing being classified as green belt?

[Baroness Young of Old Scone (Lab)]

I thank the noble Lord for that clarification. I hope that there are not huge numbers of pieces of green belt that do not meet at least the urban sprawl criterion. I very much look forward to the work that the noble Lord, Earl Howe, outlined. We do go back a long way. On one notable occasion, on the eve of the 1997 election, he saved my bacon comprehensively and I shall say no more about that right now. He knows what I am talking about.

I disagree with him that we should not see the required provisions in statute rather than just in planning guidance, but I hope that the NPPF consultation inclines in the direction of boundary review, just not only for the purpose of meeting housing targets. The boundary review should be an exception rather than an opportunity.

I very much appreciate that Defra and DLUHC are working together on how we link green belt provision with access, biodiversity and woodland creation. It is a pity that we cannot get further information about that now and I hope we might see more before Report. I commend the two departments for working these issues out together because there has been inadequate linkage between them on some of these issues in the past. I suppose that what I am taking from the Minister is that there is some hope for jam tomorrow. In the meantime, I beg leave to withdraw my amendment.

Amendment 295 withdrawn.

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Moved by

[Baroness Young of Old Scone]

296: After Clause 123, insert the following new Clause—
“Tree preservation order: penalty for non-compliance(1) Section 210 of TCPA 1990 (penalties for non-compliance with tree preservation order regulations) is amended as follows.(2) In subsection (1)(b), omit “in such a manner as to be likely to destroy it”.(3) In subsection (3), at the end insert “and the likelihood that the action will destroy a tree”.(4) After subsection (3) insert—“(3A) Subsections (1) to (3) do not apply in relation to Wales.”(5) Omit subsection (4).”Member’s explanatory statement
This amendment creates a single offence for the breach of a Tree Preservation Order to ensure all fines are commensurate with the potential profits of contravention.

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[Baroness Young of Old Scone (Lab)]

We have reached what the Times once described as the “End of the peer show” show. I rise to speak to Amendments 296, 297, 298, 299 and 301, which are tabled in my name. I am grateful for the support of my noble friend Lady Hayman of Ullock and the noble Baroness, Lady Bennett of Manor Castle, who have co-signed the amendments. The amendments are all to do with tree protection orders, which are one of the few legal tools to protect important woods and trees, particularly with a stress on individual trees. Local planning authorities can use TPOs to protect what are known as amenity trees where they believe that it is expedient to do so. The provision was established 70 years ago, but it has some weaknesses and I think that it is true to say that the vast majority of our ancient and veteran trees have no real legal protection at the moment.

Trees outside woods provide valuable ecosystem services for people and habitats for wildlife. A single oak can support more than 2,300 species, some of them found only on oak trees. Many important trees—ancient and veteran trees—are in urban or semi-urban areas and three-quarters of them are outside legally protected wildlife sites. The system is not working because over the past 150 years 50% of large trees have been lost from, for example, eastern England due to urbanisation, agricultural intensification and, increasingly, tree disease.

Local communities often care very much about trees that are local to them. They may not be special trees in the scheme of things—they may not be ancient, veteran, rare or hugely important—but they are important to local people in local terms. The problem is that, in the absence of real protection through TPO processes, all that local people can do is mount public campaigns and literally stand in the way of the felling of some of these trees. Noble Lords will have seen in the newspapers the causes célèbres—Sheffield and Plymouth—where valuable mature street trees have bitten the dust. That shows that if local people can only campaign in the face of inappropriate felling, they do not often win.

A recent case in Wellingborough illustrates what often happens. In March, more than 50 lime trees were approved to be cut down for a dual carriageway, despite being protected by tree protection orders, and 20 of them were chopped before local people even knew about the proposals. They then took action, the felling was paused and there will now be a period of consultation, which should have happened first. It should not be like this, so we need to do something about the TPO legislation.

Amendment 296 is about penalties for non-compliance with TPOs and supports their enforcement. It would create a single offence for the breach of a TPO to bring fines into line with the potential profits of contravention, so that it is no longer simply regarded as a legitimate business expense to flout a TPO, which in many cases is how folk who cut down trees inappropriately regard it. It would align the penalties with those in similar situations, such as in the protection of ancient buildings. It also addresses a key issue in the present legislation, which is that is it not always possible to prove at the time of a prosecution that an action is likely to destroy the tree, which is one of the criteria for a successful prosecution. If you are not facing dead trees felled on the ground but are trying to stop inappropriate felling, it is not always possible to show that the planned action is likely to destroy the tree.

Amendment 297 is on the definition of “amenity”, which is the basis on which TPOs can be proposed. The Court of Appeal has defined this very narrowly as the pleasantness or attractiveness of a place, but after 70 years the definition of amenity needs to change to encompass a wider range of benefits, much as the definition of green belt needs to change to encompass a wider range of benefits. There are distressingly frequent occasions where planning authorities or, indeed, planning inspectors define visual amenity as the only justification for the observance of a TPO, yet other planning authorities are much more innovative and use a range of factors beyond visual amenity in deciding to protect trees through TPOs. Amendment 297 aims to standardise this and make it more common for local authorities across the board to ensure that issues other than simply the pleasantness and attractiveness of a place come into play. The appearance, age or rarity of the tree, its importance for biodiversity and its history, the science behind it all and its recreation and social value should be included in the amenity definition.

I am sure that the Minister will tell me that Amendment 298 is unnecessary because this is already possible, but it would underline for local authorities that the power to create TPOs can be exercised more generally in the public interest. Although some local planning authorities are proactive about protecting trees that are important for communities, too often trees are protected only when they are threatened by development rather than in a strategic way that takes account of how those trees contribute to the community setting. Amendment 298 would empower and, I hope, encourage local authorities to apply TPOs more proactively to ensure that important trees are protected.

My local authority, which I rarely compliment, has a proactive approach to TPO creation. Our tiny village of 35 houses has, I think, the biggest density of TPOs in the universe, because we are a distinctive, remote, tree-covered village in the north Bedfordshire Wolds, a wold being a rolling tree-covered hill, and there are not many hills or tree-covers in Bedfordshire. In the 1980s, the local authority had the vision to go around slapping TPOs on practically everything, including some very ordinary and scruffy trees, if I may say so, but it has meant that our village has preserved its important historic and visual resource of the trees that make that landscape and the community what they are. I hope that Amendment 298 would encourage more local authorities to think in that strategic and innovative fashion.

Amendment 299 would remove the exemption that prevents dead and dying trees and dead branches from being eligible for protection by TPOs. Dead wood is one of the most important biodiversity habitats provided by ancient and veteran trees. The retention of a range of deadwood habitats is vital to support the good management of these trees. I saw a wonderful example in Greenwich Park—I am sure noble Lords want to hear about Greenwich Park at this time of night. An ancient yew tree was so on its last legs that it fell apart in the middle and lay there. Greenwich Park had the foresight not to remove bits of it but just left it. The dead branches formed great wildlife habitats but, even more, a habitat within which a new yew tree grew from the centre. That is what we should be seeing from our dead wood. At the moment, the minute a bit dies, it is exempted from the TPO and can be chopped off and taken away, so we want to see Amendment 299 change that. Obviously we have to be careful about circumstances where dead and dying trees are likely to be a danger to the public, but I am sure that that can be done through guidance.

Lastly, Amendment 301 would introduce a duty to consult publicly prior to the revocation of a TPO. At the moment a local authority is required to consult before it designates a TPO, but it can take that designation away the following day without so much as a cheep to the public. It does not have to give a reason and there does not have to be any transparent process for revoking a TPO. You can understand the public’s concern if the first they know about a withdrawal of protection is the chainsaws moving in. The amendment asks for there to be a similar, publicly transparent consultation process for the revocation of a TPO.

I hope that the Minister might look kindly on TPO designation being tightened up. TPOs are really important for local people, for trees, for biodiversity, for our heritage and culture, and for communities, and they could just be that little bit better with these minor tweaks. I hope the Minister can support them.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I support the amendments tabled by my noble friend Lady Young of Old Scone. Anyone who has been a councillor will know only too well the passion and emotion in both directions that arise from trees. I still bear the scars from a public meeting where there was a discussion between the council tree surgeon—he has long since retired so I can talk about him—and a resident of my ward. The resident was insistent that the council had the wrong types of trees in the streets and that that was causing all sorts of problems. He went on and on about street trees and how we should not have put forest trees in streets. The tree surgeon listened to him for quite a long time as he got very irate, and eventually turned round and said, “Well, when you think about it, Len, all trees are forest trees initially”, which took a bit of the sting out of it.

I often feel that the world is divided into those who love trees and want them everywhere and those who will campaign equally tirelessly to have a tree chopped down when they feel it is getting in the way of their light or it drops leaves on their nice tidy garden. However, we seem to have reached an attitude that says, “Chop it down and then face the consequences”. That just cannot be right. Conversely, the beleaguered local authorities that have to deal with diseased trees often find themselves subject to the most enormous outpouring of vitriol when dealing with trees that would infect other trees if they did not. It is important that these issues are managed and communicated well. We think the amendments suggest ways of making the process more consultative and effective.

The figure that my noble friend Lady Young gave of 50% of large trees being lost—I know there have been some serious tree disease issues and they have caused some of that, but not all of it—is staggering. TPOs are made and managed by our local authorities, and they protect individual trees and groups of trees or woods that are of particular value to local communities. TPOs prohibit the felling of and damage to trees without the written consent of the local planning authority. They are no longer valid if removing the tree is part as Iof an approved planning application.

Trees can be vital to the general character of an area and can be at the heart of particular historical or architectural interest at a site. When I was a young girl growing up in a new town, there were woods at the end of almost every road—and bluebell woods are particularly lovely at the moment. Those woods are important to local people.

The fact that a development proposal will require changes to trees can be a material consideration in whether to give permission for those works. Individual trees or groups of trees within or outside a conservation area can be offered protection by a tree preservation order issued by a local planning authority where it is expedient to do so in the interests of amenity. We believe that trees needs more protection, as afforded by the amendments tabled by my noble friend Lady Young.

The single offence for a breach of TPOs seeks to ensure that

“all fines are commensurate with the potential profits of contravention”,

but it is not just about profit. Sometimes there is an attitude of, “Well, if I chop it down, it’s gone. They can’t do anything about it. I might get a fine for it but I’ll still be able to do whatever it is I wanted to do with that land”. I do not think we can tolerate that; there has to be some kind of commensurate punishment for that.

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[Earl Howe (Con)]

My Lords, I thank the noble Baroness, Lady Young of Old Scone, for proposing this group of amendments, all of which are related to the protection of trees. I should start by saying that as a member of the Woodland Trust, and as an owner of woodlands myself, which are interests I should declare, I have sympathy with the spirit of these amendments. I shall, however, attempt to persuade the noble Baroness that they are unnecessary or, in some cases, undesirable.

First, Amendment 296 seeks to make all offences of contravening a tree preservation order or tree regulations subject to an unlimited maximum fine. I understand the sentiment behind this proposal. It is right that there needs to be a credible threat of significant fines if we want to protect the trees that we most cherish. However, I think there is an important distinction between deliberate damage to a tree, leading to its total destruction, and, for example, the loss of a single branch, where the tree itself survives. Our current approach to fines recognises this difference. Wilful damage leading to the destruction or likely destruction of a tree is punishable by an unlimited fine, and there are examples of the courts handing down significant fines. Less serious offences—for example, where someone prunes a tree and is perhaps unaware that it is protected by a tree preservation order—are subject to a lower maximum fine of up to £2,500.

I firmly believe that the current approach is the right one. It is proportionate and fair, and provides a clear steer to the courts. For these reasons, I am afraid I am not able to support this amendment.

I turn to Amendments 297 to 299. Amendment 297 would provide a definition of “amenity” for tree preservation orders. Amendment 298 would make it clear that local planning authorities may utilise tree preservation orders proactively and where there is no indication of an intent to undertake works to a tree. Amendment 299 would maintain protections for dead trees and ensure that they remain eligible for tree preservation orders.

The Government recognise the need to protect and enhance biodiversity through the planning system, and trees are central to this. I agree with the noble Baroness that tree preservation orders are important tools. Local planning authorities may now use them, as she recognised, to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the public. This gives local planning authorities scope to protect the trees important to their communities, whether for amenity or for wider reasons.

The making of tree preservation orders is discretionary and local planning authorities may confer this protection where there is a risk or an emerging risk of damage to trees. So I argue that it is unnecessary to make an amendment to the Town and Country Planning Act 1990 to ensure their proactive use. Perhaps the fact that I am putting that on the record will be helpful.

I turn to the definition of “amenity”. There is already a wide definition within the tree preservation order regime of the concept of amenity. The meaning of amenity is deliberately not defined in statute, so that decision-makers can apply their full planning judgment to individual cases. The term is, however, already well understood and applied to a wide range of circumstances, with the planning practice guidance already being clear that the importance to nature conservation or responding to climate change may be considered.

Changing the meaning of amenity in the way proposed could lead to uncertainty for considering tree preservation orders and risks unintended consequences more generally in the planning system. Tree preservation orders protect living trees; they do not protect dead trees. It is important that dead trees are exempt from orders, as urgent works may need to be taken where dead trees pose a risk. In particular, for group and woodland tree preservation orders, diseased trees can pose biosecurity risks. Ash dieback is a classic example in which you absolutely have to be proactive. I speak from very recent personal experience. Preventing the spread of disease from dying trees is often very important. There can often also be an urgent need to protect the public, as the noble Baroness, Lady Bakewell, said.

Looking at the wider picture, tree preservation orders are only one of the tools we have to ensure these invaluable assets are protected. For example, our already strong protections for biodiversity in the planning system give consideration to the preservation and value of trees. We are also taking significant further steps to improve outcomes for biodiversity in the planning system through the 10% biodiversity net gain requirement in the Environment Act 2021. This will make trees of value to development, given the significant biodiversity value they bring. This will help ensure that trees are seen as integral to development as opposed to a barrier to it. Therefore, while I appreciate the spirit of these amendments, I am not able to support them, bearing in mind the breadth of protections that trees are already afforded. I hope I provided enough reassurance for the noble Baroness not to move these amendments when they are reached.

Amendment 301 seeks to introduce a requirement for public consultation prior to a local planning authority deciding to revoke a tree preservation order. The existing revocation process, as set out in the tree preservation regulations, is long established. Among other matters, it requires a local planning authority to notify persons interested in the affected land that an order has been revoked.

While the current legislation does not require public consultation, in practice I expect that local planning authorities would want to engage and consult with interested parties before reaching their decision. Our planning practice guidance makes clear that this option is open to them. The current approach to the revocation of tree preservation orders is squarely in line with revocation processes in other parts of the planning system, for example, where a local listed building consent order is revoked.

In summing up, I hope I have provided reassurances to the noble Baroness, Lady Young, and that she will be content to withdraw Amendment 296 and not move her other amendments in this group when they are reached.

[Baroness Young of Old Scone (Lab)]

My Lords, I thank noble Lords who have taken part in this debate, and I will just make a couple of points to the Minister.

The mood music around TPOs is really important. There is guidance, as the Minister has said, on revocation, but its implementation is very patchy across the country. The definition of who is interested in the land can be interpreted very narrowly so that the folk who are clearly interested—local residents on a wider basis—are often not informed about revocations. That is just one example of where these amendments intend to demonstrate that the Government are serious about TPOs and want to create a different mood music around them.

In terms of dead and dying trees, local authorities currently move very rapidly to remedy, for example, trees that are coming into a dangerous condition and need to be felled. Those of us who have got ash dieback know that they can move very rapidly on that. I do not think there is a real problem around saying that TPOs must be strengthened because there is disease. What we want for TPOs is a presumption for retention of trees, rather than the possibility of both revocation and removal of dead and dying trees. I am obviously not of the same mind as the Minister.

I will make a slightly barbed political point. I do not know whether there are any friends of the Conservative leader of Plymouth council in the Chamber. He must be rather regretting that he was not strenuous about the observation of tree protection orders, since he lost his job over the recent debacle of the illegal felling of trees in Plymouth. So I urge the Government to recognise that the public, bless their hearts, have the bit between their teeth on this. Unless the Government demonstrate that they recognise that there is a point, and unless they make some movement towards finding ways of enabling the public to be more effectively involved and to feel that TPOs are a stronger protection, this could happen again and again.

[Earl Howe (Con)]

I am grateful to the noble Baroness for giving way. It might be helpful if I write her a letter to follow up this debate, picking up some of her points, now and in her opening speech, that I may not have picked up in my response.

[Baroness Young of Old Scone (Lab)]

I thank the Minister for that, and I look forward to his letter. I beg leave to withdraw the amendment.

Amendment 296 withdrawn.

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Moved by

[Baroness Young of Old Scone]

300: After Clause 123, insert the following new Clause—
“Developments affecting ancient woodlandWithin three months of this Act being passed, the Secretary of State must vary The Town and Country Planning (Consultation) (England) Direction 2021 so that it applies in relation to applications for planning permission for development affecting ancient woodland.”Member’s explanatory statement
This amendment requires the introduction of a consultation direction for developments affecting ancient woodlands.

[Baroness Young of Old Scone (Lab)]

I am sorry about this; I did not realise that my amendments would be grouped so closely together late at night. I shall be speedy on Amendment 300. I declare my interest as chair of the Woodland Trust.

Had this group been at a different time of day, I would have started by saying, “Long ago and far away —I want to tell you a story”. But it is long ago and far away, because, during the passage of the Environment Act 2021, which is quite long ago and far away, I pressed the Minister on better protection of our scarce and precious resource of ancient woodland—the last remaining fragments—from development which might damage or destroy them. Ancient woodlands have literally no statutory protection, other than some very general admonitions in the National Planning Policy Framework. If I recall correctly, these are in a footnote, just to add insult to injury—that is the only protection for ancient woodland.

The evidence of the need for better protection for ancient woodland is clear. Currently, 800 cases of threats to damage or destroy ancient woodland are in the Woodland Trust’s register. The second Thames crossing will again potentially impact on a large number of ancient woodlands—that is one example of where infrastructure development is a particular issue.

The importance of protecting ancient woodland has been enunciated in this Chamber many times, but the evidence is amassing even further. It has now been demonstrated that ancient woodland continues to sequester carbon, for example, even when it is fully grown and ancient, so our ancient woodland is a really important carbon sequestration resource. It is only 25% of all woodland in Britain, but it holds 36% of the woodland carbon. In addition, ancient woodland is now recognised as our richest habitat for biodiversity. If you want a good read, read the Woodland Trust’s report on the state of woods and trees, which has lots of interesting facts—one of them is about just how crucial for biodiversity ancient woodland is.

On 26 October 2021, during the passage of the Environment Act that I referred to, the Government promised—they had already done so in the Commons—to do a number of things to strengthen ancient woodland protection. The promises were threefold. First, they promised

“a review of the National Planning Policy Framework to ensure that it is being implemented correctly”.

This was to track that it was doing what it said on the tin to protect ancient woodland. If it was not being sufficiently protective, they committed to

“strengthen the guidance to local planning authorities to ensure that they understand the protections provided to ancient woodland”.

Secondly, the Government promised to

“consult on strengthening the wording of the National Planning Policy Framework … to ensure the strongest possible protection of ancient woodlands”.

The third thing they promised, which I think is the most important, was an undertaking to

“amend the town and country planning (consultation) direction to require local planning authorities to consult the Secretary of State … if they are minded to grant permission for developments that might affect ancient woodland”.

That would give the Secretary of State the opportunity to have a quiet word behind the bike sheds or, at the very most, call it in for a Secretary of State decision. That, for me, was absolutely splendid, and I waxed lyrical in the Chamber about how happy I was with those assurances.

At that point, the Minister assured the House that

“these measures will be undertaken in a timely manner, working hand in hand with the forthcoming planning reforms”.—[Official Report, 26/10/21; col. 706.]

A year and a half has passed, and many of the “forthcoming planning reforms” are still forthcoming. In particular, there is no sign of the amendment to the town and country planning (consultation) direction. Discussion on all three of the promises the Government made at that time has ebbed and flowed as Ministers and civil servants have ebbed and flowed. We are still told that they are live promises, but they are not terribly live. So I decided that I would, on this occasion, help the Government out by putting the consultation direction change in this Bill. It is the only planning Bill that we are likely to have for some considerable time.

For me, the most important thing about the amendment on the town and country planning (consultation) direction is that if local planning authorities have to refer to the Minister if they are thinking about impacting on ancient woodland in any development, it will make them think twice. Very often, with ingenuity and good will, local authorities can work with developers to ensure that the damage that might occur to ancient woodland simply does not happen; it is not beyond the wit of man. The work that the Woodland Trust has done with HS2 has not solved all the problems of driving a fast rail route through ancient woodland, but it has resulted in a reduction in the number of ancient woodlands impacted—although there is much more that HS2 can do.

All those promises were made, but they have not happened. I am really embarrassed about the effusiveness with which Hansard on 26 October 2021 shows I thanked the Minister, but I did stress that, once the amendment to the consultation direction had been made, I hoped that the Secretary of State would take the new call-in duty very seriously. We have not had a chance to find out yet whether it will be taken seriously, because the consultation direction change has not yet happened. I hope that the Minister and the Government will feel able to support this amendment to bring in better protection for important and threatened ancient woodland, as was promised in both Houses a year and a half ago. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the previous group of amendments has set the scene for this vital amendment, which we support. Development close to ancient woodlands can have a devastating effect. In 2021, Defra made three commitments to improving the protection of ancient woodlands and veteran trees, as the noble Baroness, Lady Young of Old Scone, said. One of those commitments was to amend the Town and Country Planning (Consultation) (England) Direction 2021

“to require local planning authorities to consult the Secretary of State for Levelling Up, Housing and Communities if they are minded to grant permission for developments that might affect ancient woodland”.—[Official Report, 26/10/21; col. 706.]

The Woodland Trust has seen a welcome reduction in major developments that are within ancient woodland and result in direct loss. However, there are indirect impacts, including the spread of invasive species, as well as the impact of pollution on wildlife and the ecological condition of ancient woodland—all of which are still prevalent. Natural England’s advice on providing buffers—space between development and ancient woodland boundaries—is all too often not upheld.

Ancient woodland has taken centuries to reach maturity and can be destroyed in days. The Woodland Trust has provided a very pertinent case study of an indirect impact on an ancient woodland: the building of 100 houses, including development of footpaths, within the ancient woodland of Poundhouse copse, including a drainage scheme right next to it, despite standing advice that drainage should not be within a buffer zone. This has led to a mix of direct loss of woodland and indirect impacts such as hydrological impacts. It is necessary to think and act very carefully when planning and implementing developments near ancient woodlands, in order to protect them for future generations. I look forward to the Minister’s comments.

--- Later in debate ---

[Earl Howe (Con)]

My Lords, Amendment 300 in the name of the noble Baroness, Lady Young of Old Scone, would require within three months of the Bill achieving Royal assent the implementation of the Government’s commitment to amend the Town and Country Planning (Consultation) (England) Direction 2021 so that local planning authorities must consult the Secretary of State if they want to grant planning permission for developments affecting ancient woodland. Let me first make clear to the noble Baroness and to all noble Lords who have spoken that we are committed to reviewing the direction to require authorities to refer applications if they are minded to grant permission for developments affecting ancient woodland.

As the noble Baroness knows, the direction is a strategic tool aimed at ensuring the right applications are captured. Noble Lords will be aware of consultation which has taken place recently on changes to the National Planning Policy Framework, which I mentioned earlier. It may be helpful for context if I say that there are other requests being made for inclusion in the direction. We really need to amend it in a managed way, capturing all the issues to provide clarity and stability to authorities, developers and others.

The noble Baroness is a resolute campaigner on these issues, and, indeed, referred to herself “banging on” about them in the House last year. She does so extremely effectively and long may that last, but in this instance I cannot give my support to the hard deadline she seeks, as it is important that the direction be updated in a coherent and managed way. I realise I am asking the noble Baroness to be patient for a while longer, but I hope she will be content to withdraw her amendment on that basis.

[Baroness Young of Old Scone (Lab)]

I thank noble Lords for the support they have shown for this amendment. We have to remember that less than 2% of ancient woodland remains in this country. We are right on the brink, being down to such a small number of fragments that are, in many cases, increasingly unviable, so it is a real and pressing issue. The Minister has asked me to have patience. I am glad he was able to restate the commitment to the amendment to the direction, but my attitude to being asked to be patient will depend on how long that patience has to last. I wonder whether he can say how long it will have to last, because it has lasted now for a year and a half. If it were another year and half, I think I might have run out of patience. I do not know if I can press him now to say when the amendment might emerge. I very rarely read in Hansard how wonderful the Government have been, but I would commit to saying how wonderful they are if the Minister can tell us when this change to the direction might happen.

[Earl Howe (Con)]

My Lords, nothing would give me greater satisfaction than to be able to tell the noble Baroness but, having asked this question myself, I fear I cannot give a definite timescale at the moment. I am sorry for that.

[Baroness Young of Old Scone (Lab)]

On that basis, I do not think I can guarantee not to come back on Report with something on this, but in the meantime, I beg leave to withdraw the amendment.

Amendment 300 withdrawn.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Committee stage
Wednesday 24th May 2023 Grand Committee

The point is that this is an easy amendment that would not cost anyone anything and would bring an extraordinary benefit. I see no reason why the Government —especially a Conservative Government who, at the end of the day, like things to do with communities and plants and growing—should not welcome it with open arms.

[Baroness Young of Old Scone (Lab)]

My Lords, I support Amendment 483, to which I have put my name. I will not repeat that excellent introduction by the noble Baroness, Lady Boycott, but simply commend the amendment on the basis that it is probably truer to the title of the Bill and to levelling up—which we have drifted rather away from in many of the recent amendments—than many others. It is about healthy food, environmental improvement and well-being. For me, it is mostly about allowing communities to express self-agency and be the driving force in achieving those benefits.

I pay tribute to Incredible Edible, a group that the noble Baroness mentioned, which is a force of nature. If noble Lords want to see some really uplifting stories about what communities can do, they should go on its website. The point it makes on a regular basis is that, often, the land we are talking about is already in taxpayer ownership—owned by public authorities—but temporarily not doing very much and could be brought into use for a number of months or years, until its permanent use has been agreed and taken forward.

The noble Baroness was very uplifting with her stories of success, but I am a miserable soul. I will tell the Committee why this needs to be in law, rather than simply in admonition. I was involved very tangentially in an attempt to get a community growing scheme going in one of our major cities. It was led by a celebrity gardener, working with a group of local residents. It was exactly that: an acre or two for a shorter or longer period—however long it could be released—for a community in a particularly disadvantaged area to grow their own food and encourage young people to get involved. It was hugely flexible, and we did not much care where or how long for, provided that they could get started.

There were terrific words of support from the top end of the local authority but, three years later, they still had no land, so they gave up. Every plot that was identified had some reason or other why it could not be used. The lawyers got in the way and there were always health and safety and insurance issues, which became a morass that they could not get out of. However, it is great to hear from the noble Baroness, Lady Boycott, that there are lots of good examples, including from Incredible Edible.

This amendment would do a couple of things. First, it asks the local authority to do something very simple: to list the bits of land available on a transient basis that could be used for community cultivation, or even just for simple environmental improvement. Secondly, it could be underpinned by what the noble Baroness, Lady Boycott, called a “meanwhile lease”—something like a certificate of lawful use, a simple agreement between the local authority and the community gardeners that is standard across the country, has already been crawled over once by the lawyers and therefore does not need to be crawled over on every occasion and avoids the expense and slowing-down effect of lawyers being involved on both sides and every agreement having to be negotiated afresh. I hope that the Government will have a rush of blood to the head in this run-up to the bank holiday and support this amendment.

[The Earl of Caithness (Con)]

My Lords, as we enter this record-breaking 15th day in Committee on a Bill, I pay huge tribute to my noble friends on the Front Bench and noble Lords on the Opposition Front Bench for their considerable patience, humour and endurance.

The sadness of this levelling-up Bill, which has not ground us down, is that there has been absolutely no give from the Government. I am not as hopeful as the noble Baroness, Lady Boycott, for this amendment, because I fear that the top right-hand corner of the Minister’s brief will say, “Reject”. If I may say so, that has not helped the process of this Bill. Perhaps a message could be sent back to the department that, if one wants to get the Bill through this House, there could be a little more understanding that a lot of the amendments, whether from the Opposition or our side, are there to constructively help the Bill, not destroy it. Because we do not divide in Committee, we will have to go through the whole process in a few weeks’ time on Report, which will be longer and more agonising than it might necessarily have been.

I come at this from a different perspective from the noble Baroness, who made an interesting speech from her own experience. When I came here, I was told that you speak on your honour and experience and vote on your conscience. It is wonderful that we have someone like the noble Baroness, with her experience, but I come at this from the point of view of having served on the Food, Poverty, Health and Environment Committee of your Lordships’ House. The devastating evidence that we received on food made me reassess what the priorities ought to be. Food in this country will probably kill you more quickly than any disease. We eat an enormous amount of processed food—it is 57% of our diet. Some 80% of the processed food that we eat in this country is not fit to be fed to children. It is not good for us, which is why 60% of us are obese and the number is growing. It is one of the unsung scandals that will one day hit the headlines in a major way. Hopefully, we can take some action before that happens. The cost is astronomical. It is estimated that the bad food that we eat contributes to losses of about £74 billion a year to the British economy.

That is the angle that I come at this from, so let us do anything we can to help to grow and produce our own vegetables freshly. It must be devastatingly sad for farmers to grow top-quality food—because our standards are so high—only to have it macerated into virtual poison and sold in supermarkets. What a waste of time and effort, from their point of view.

I also come at this from the health and recreation angle, picking up the point of the noble Baroness, Lady Young. I do not have my own kitchen garden, but I dig my daughter’s. I have been fascinated by doing that with my grandson because, over the last three years, I have noticed a considerable change: this year, he was fascinated by the difference in the sizes of the seeds of the peas, the salads and the courgettes. He kept asking why each one was different and why they were not all the same. He has now taken charge of his vegetables in the garden. His willingness to eat green vegetables has gone up in proportion to his interest in the garden, because they are his vegetables and they are now on his plate. He has seen them grow—he helped me to plant them and will help me to pick them this autumn.

When I was doing this with him a couple of weekends ago, I thought that this amendment absolutely encapsulates that. I gave your Lordships just one instance, but, if this were done on a much bigger scale, not only would there be recreational and mental health benefits from being outside and digging the garden but the young would be educated. My grandson and I now have a competition about who is the first to see the robin once we start digging, because, sure enough, one will appear on a fence-post, looking for what we have turned over in the hope of getting a free meal. If this can be done for those who have never had the experience of handling food in its natural state, the benefits could be amazing.

Going back to what the noble Baroness, Lady Boycott, said about the gardens that she helped to create in London, I multiply my experience of this and think, “Yes, we can do something”. That is why I hope that the Government will take on board that this is something where local authorities can give a real benefit. It is not allotments; it has to be on a different scale from that. We have heard about the problem with allotments and how long the waiting lists are, so a different tack has to be taken to try to get the local authorities to move, because the end benefits are so worth while.

--- Later in debate ---

Moved by

[Baroness Young of Old Scone]

504F: After Clause 214, insert the following new Clause—
“Duty to produce a land use framework(1) The Secretary of State must, no later than one year following the passing of this Act, lay a land use framework for England before Parliament.(2) The framework must—(a) outline government objectives and principles in relation to the multifunctional use of land;(b) be based on the principle of multifunctional land use and take account of the whole range of land uses, including agriculture, climate change, biodiversity, access, development, housing, infrastructure, water, energy, natural capital and ecosystem services;(c) promote collaboration and integration across the statutory organisations impacting on land use;(d) provide guidance on the application of the framework to enable decision making at national, regional and local levels and to assist individual landowner decision;(e) provide accessible data on land use to support decision makers at national, regional and local levels, including the decisions of individual landowners.(3) Before laying the framework before Parliament, the Secretary of State must publish a draft framework and consult with such bodies as have relevant interests in land use and also with the general public.(4) Subsections (2) and (3) apply to a revised framework as they apply to a framework laid under subsection (1).”Member's explanatory statement
The new Clause would require government to publish a land use framework for England to improve the ability of decision makers at all levels, including individual landowners and managers, to reconcile conflicting land use pressures, make better decisions about conflicting land uses and enable scarce land resources to be used to deliver for multiple objectives.

[Baroness Young of Old Scone (Lab)]

My Lords, in moving this amendment I will also speak to my Amendment 504G, both of which are on land use. A number of noble Lords will have heard me bang on about this interminably, so I shall try not to take too long. I thank the noble Lord, Lord Foster of Bath, and the noble Baroness, Lady Willis of Summertown, for putting their names to these amendments. Alas, the vagaries of timing have meant that the noble Baroness cannot be with us.

Land is a finite resource and pressure on it is growing. There are needs for land in a whole variety of areas, not just for traditional uses such as agriculture and timber production but for carbon sequestration, green energy generation—solar and wind—housing and development, biodiversity recovery, water protection and flood risk management, infrastructure, transport, energy transmission, recreation, mental health and access to the countryside. Recent research has shown that, if you put all these competing needs together, we will require a third more land than we possess. I do not know whether noble Lords have recognised this, but we are not making any more land at the moment.

These competing demands are already being felt by landowners, farmers, communities and leaders in local authorities and other areas, but we do not have any framework in this country within which those who make that multitude of decisions on land use priorities at a national and local scale can work. This means that decisions on how to make the best use of this scarce, pressurised resource are being made on a piecemeal basis and often in silos.

For example, good agricultural land can be used inappropriately for solar arrays and land important for biodiversity recovery can be threatened by inappropriately routed infrastructure development. Everybody says that we need to plant more trees, but they need to be planted in the right place, which is not always the case as a result of the current dash for carbon; we see investors with very deep pockets buying up good agricultural land to plant it with trees that will attract for them carbon payments. Land that could deliver for biodiversity and carbon is being planted just for carbon, which is not the most efficient way of using land in a multifunctional way. All these pressures are adding to the price of land. If you are looking at buying land in any way, for whatever use, it is a bit like the wild west out there.

There is a real and growing pressure on land, and therefore a real and growing need for a land use framework which would consider how increasingly scarce land resources can deliver for multiple objectives at the same time and deliver a range of outcomes across several policy areas in a co-ordinated and optimised way which makes the best use of that scarce resource. A framework would harness the rapidly accruing wealth of data on land use and use modern mapping techniques to provide principles and tools about land use for decision-makers, ranging from national government to individual, small-scale landowners and farmers to enable them to make the best decisions on the competing priorities that they face day in, day out. It was good to see the national Geospatial Commission release a report on this issue yesterday, demonstrating the power of modern, accessible open-access data.

There is also growing support for a land use framework. Two House of Lords Select Committees have commented on it; the Rural Economy Committee, chaired by the noble Lord, Lord Foster, and the Land Use in England Committee, chaired by the noble Lord, Lord Cameron of Dillington, both called for a land use framework—as have the Climate Change Committee in its report Land Use: Policies for a Net Zero UK and Henry Dimbleby in the national food strategy.

Other organisations are recommending such an approach. They include such august bodies as the Royal Society. I should declare several interests, having sat on both the Select Committees I mentioned and having helped to produce the Royal Society’s recent report on multifunctional land use. Others that I have not laid a hand on are the Royal Town Planning Institute, Green Alliance, the RSPB, CPRE, the County Councils Network, Chatham House and the Government’s Geospatial Commission. The Food, Farming and Countryside Commission, which I also sit on, is piloting a couple of multifunctional land use frameworks in two counties, Cambridgeshire and Devon. So a lot of folk out there are saying that a land use framework is the right way forward.

--- Later in debate ---

[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.

Amendment 504F withdrawn.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Report stage
Tuesday 18th July 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, this group is made up of four amendments in my name. They are designed to ensure that climate and other key environmental considerations are included in the new environmental outcomes reports, the details of which will be set out in secondary legislation, as we have heard; and to probe whether the EORs will support the UN’s sustainable development goals. I would be grateful if the Minister could shed some light on these matters in her response.

My Amendment 106 specifically asks that the new system

“does not weaken existing environmental protections”;

in other words, it is an amendment to ensure non-regression. Environmental assessments play an important role in limiting nature and climate harms from planning decisions. Such an extensive series of changes to environmental assessments, delivered largely through regulations, could, we believe, open the door to environmental regression that has limited parliamentary scrutiny. Concerns to this effect have been expressed by the Office for Environmental Protection and a number of environmental NGOs.

Unfortunately, the one safeguard in this part of the Bill fails to address the regression risk. Clause 147 states:

“The Secretary of State may make EOR regulations only if satisfied that”


the

“overall level of environmental protection”

will not be less than before. The stipulation overall undermines the utility of this safeguard as the effect is to allow the Secretary of State to weaken individual existing protections as long as they consider this to be balanced out elsewhere in order to maintain overall levels.

We discussed this issue at some length in Committee, so I will not go into detail on the risks that we believe this approach carries. However, it remains unclear why this low-bar test for new regulations has been chosen over the higher bar provided by the Environment Act, Section 20 of which requires Ministers to state that new legislation will not reduce the level of environmental protection provided for by any existing environmental law. My amendment would apply this recent and relevant non-regression precedent to EOR regulations, thereby ensuring that environmental protection is not weakened through the introduction of the new EOR regime by specifying that the Secretary of State should demonstrate that EOR regulations would not diminish any individual environmental protection applying at the time that the Bill passes. This would have the effect of aligning Clause 147 with the Environment Act and the Government’s own commitment, as stated in Committee, to use the EOR regime as an

“opportunity to protect the environment”.—[Official Report, 18/5/23; col. 444.]

I urge the Minister to consider accepting my amendment as the provision of a robust non-regression clause is the minimum required to ensure that the proposed EOR regime does not harm the environment.

A series of government amendments on Report—including Amendments 133 and 138, which we have debated today—seek to define more closely the environmental protections that would be subject to the new EOR powers. However, this listing exercise provides little to no assurance that environmental regression will not take place. We believe that the threat of environmental regression is significant. In its response just last month, in June, to the Government’s EOR consultation, the Office for Environmental Protection observed that

“there are risks associated with a move from well-established regimes when so much rides on effective delivery over the next few years (and beyond)”.

To address these risks, Clause 147 needs to be strengthened and non-regression assured before the EOR regime is introduced. My amendments would achieve this. I beg to move.

[Baroness Young of Old Scone (Lab)]

My Lords, I support Amendment 106 in the name of the noble Baroness, Lady Hayman.

I have been a great fan of the habitats regulations over the years; I was part of the movement that helped shape them and they have done some pretty sterling work for us, both here in this country as well as across Europe. They have one major feature at the moment: they are understood by both the development community and the environmental movement. There is a shedload of case law that surrounds them, enabling people to understand quite considerably and in detail how they operate. However, I accept that we move on; that is Brexit for you.

The regulations are now being replaced in what I regard as a rather piecemeal fashion but, nevertheless, that is what we have got. So we must make sure that all the building blocks that are being put in place to replace the habitats regulations are going to work properly; and this block, reflected in Amendment 106, is an important one. This is a risky time to be meddling with environmental assessment regimes, when we are at a crisis stage on the climate and biodiversity—but we are where we are, so let us have a look at how we can make this better.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Report stage
Monday 4th September 2023 Lords Chamber

[Baroness Young of Old Scone (Lab)]

I am extremely confused about the order we are taking this in, but I understand that the government amendment has to be put. I just want to say one thing: every single time I have a conversation with Ministers or civil servants about the land use framework the Government are preparing, they tell me that local nature recovery strategies are fundamental and central to that. That is why it is important that the government amendment to strengthen the link between local nature recovery strategies and the planning system not only happens but is vigorously pursued and implemented.

[Baroness Parminter (LD)]

I apologise if the order has been a bit wrong; it is just that we are not very used to saying thank you to the Minister. So, I will just sit down and withdraw the amendment.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

[Earl Howe (Con)]

My Lords, I shall speak also to the other 15 government amendments in this group. Amendment 225 to Clause 120 of the Bill, along with Amendments 226 and 227, are minor and technical. In developing NSIP applications, applicants are required to consult statutory consultees who provide expert advice to ensure that infrastructure is delivered in a way that supports our objectives, including those around enhancing the natural environment, public safety and protecting historic assets.

Clause 120 provides a power for the Secretary of State to make regulations to set up a charging regime for specific statutory consultees to recover their costs for the services they provide to applicants when engaging on NSIP applications. Our policy objective is to ensure that applicants should pay for advice from specific statutory consultees throughout the consenting process, and to support statutory consultees to achieve full cost recovery for their services.

Exemptions in subsections (4) and (6) of the new section inserted by Clause 120 were originally included to ensure that excluded persons were not liable for the costs of advice provided to them, so that regulations could make it clear that the applicant bears liability for such costs. However, through discussions with relevant statutory consultees, it has become clear that these subsections would also prevent applicants being charged where the Secretary of State engages with statutory consultees directly. Therefore, the clause would prevent specific statutory consultees recovering costs requested by an excluded person—even from applicants—in a timely way that supports faster decisions on applications for development consent.

To ensure that the clause delivers our policy aims, I propose that new subsection (4), and in consequence, a number of excluded persons defined in new subsection (6), be removed. The removal of these exemptions is required to achieve our original policy intention, whereby statutory consultees should be able to obtain full cost recovery for the provision of their services in relation to NSIPs, regardless of the person to whom those services are provided.

I now turn briefly to government Amendments 229 and 230. In Committee, we introduced an amendment to allow prescribed bodies named in regulations to charge fees for providing advice or information in connection with applications or proposals under the planning Acts, as defined in Section 336 of the Town and Country Planning Act 1990, which is now Clause 128 of the Bill. In Committee, the noble Baroness, Lady Parminter, eloquently set out on behalf of the noble Baronesses, Lady Young of Old Scone and Lady Hayman of Ullock, that the exclusion in new subsection (3)(b) on charging for advice provided to planning decision-makers could have the effect of inhibiting charging where applicants enter into a voluntary agreement with statutory consultees to provide advice or assistance as part of the planning application.

It is obviously not the intention of the power to disincentivise proactive and early engagement between applicants and statutory consultees or prevent statutory consultees charging where an applicant has voluntarily paid for a premium service—quite the opposite. On larger-scale proposals, there may be a need to have sustained and ongoing engagement with statutory consultees. So, as with the NSIP charging powers, we have listened and are making changes to address the issues raised. Through Amendments 229 and 230, we are changing Clause 128. These changes will have the effect of removing new subsections (3)(b) and (5), which provide for the exclusion. This should allay any concerns over the scope of our charging power and will allow us to work through the model of statutory consultee charging with the sector, through regulations. I should add that we have engaged with Defra, which sponsors Natural England, and the Environment Agency, and they see this amendment as a positive step forward.

All the other government amendments in this group, starting with Amendment 263A, are consequential to the marine licensing cost recovery powers. Clause 214 as introduced, which is now Clause 222, gave the Secretary of State new powers to make regulations which set the level of fees payable for post-consent marine licence monitoring, variations and transfers, where the Secretary of State is the appropriate marine licensing authority under the Marine and Coastal Access Act 2009. We are now extending those powers to Scottish Ministers, where the Scottish Ministers are the appropriate licensing authority under that Act in the Scottish offshore region, to avoid a legislative gap. In conclusion, the amendments are important as they remove any potential uncertainty as to the nature and scope of our cost recovery powers for statutory consultees and ensure that they can be made more effective. I beg to move.

[Baroness Young of Old Scone (Lab)]

My Lords, I will speak briefly to my Amendment 227A on an issue the Minister has already touched on: enabling statutory consultees, such as Natural England, Historic England and the Environment Agency, to charge both planning decision-makers and applicants for the advice they are required to give. That is, as the Minister noted, a valuable part of the planning system which supports the Government’s aspirations on growth and environmental sustainability.

Currently, this work is funded from statutory consultees’ ordinary budgets, and the growth in planning applications means that more and more money is drained from those ordinary budgets and away from their ordinary and very necessary work. The statutory consultees have tried to become as efficient as possible to cope, but the cost to them is now £50 million a year, and 60% of that is borne by Natural England and the Environment Agency. I declare my interests as a former chairman of Natural England’s predecessor and a former chief executive of the Environment Agency. In effect, that means that the planning system is operating with a hidden subsidy at the statutory consultees’ expense, with the major focus being on the planning proposals which present the greatest potential environmental impact due to their size and location—inevitably, those cost the most money for the statutory bodies to inquire into and report on.

As the Minister said, Clause 120 introduces charging for nationally strategic infrastructure projects, but it does not cover ordinary Town and Country Planning Act casework. I thank both Ministers, the noble Baroness, Lady Scott of Bybrook, and the noble Earl, Lord Howe, for their assiduity and flexibility in discussing that with me and others. They have made some limited concessions, but, at the end of the day, I ask the Government: why is there not a level playing field between Town and Country Planning Act casework and casework for nationally strategic infrastructure projects? That would resolve the issue for the statutory consultees.

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Moved by

[Baroness Young of Old Scone]

233: After Clause 128, insert the following new Clause—
“Developments affecting ancient woodlandWithin three months of this Act being passed, the Secretary of State must vary The Town and Country Planning (Consultation) (England) Direction 2021 so that it applies in relation to applications for planning permission for development affecting ancient woodland.”Member’s explanatory statement
This amendment requires the introduction of a consultation direction for developments affecting ancient woodlands.

[Baroness Young of Old Scone (Lab)]

My Lords, Amendment 233 is in my name and those of the noble Baroness, Lady Willis, and the noble Lord, Lord Randall. I thank them for their support. I declare my interest as chair of the Woodland Trust.

Noble Lords have heard me bang on interminably about this subject before but I shall briefly bang on about it again. It would require the Government to fulfil a promise they made nearly two years ago, during the passage of the Environment Act, to amend the consultation direction in planning law to require local planning authorities to notify the Secretary of State if a planning application would damage or destroy an ancient woodland.

Ancient woodlands are an important and irreplaceable gem. They are highly efficient in sequestering carbon and one of the richest habitats for biodiversity. Currently, there are more than 800 cases of ancient woodlands on the Woodland Trust’s register of woods under threat. It is noticeable that around 160 additional cases have come in during the last two years since the Environment Act promise was made. There has been no progress in implementing it. Those 160 or so cases need not have happened.

Ancient woodlands are irreplaceable because they have been formed over centuries into complex assemblages of species both above and below ground. They cannot be moved or recreated. If they are damaged, they are gone. We are down now to the last fragments of ancient woodland but they have no real protection in law. They are the cathedrals of biodiversity, with huge cultural and historical significance but none of the protections afforded to cathedrals or to any listed building.

This amendment would require the Secretary of State to consider and take a view on any development that was going to damage or destroy ancient woodland. In my experience, the consultation direction also acts as a reminder to planning authorities and developers of the need at all costs to avoid developments that threaten ancient woodland.

It is very distressing to see cases where, on many occasions, good prior discussion on the location and design of developments would have avoided the need to damage ancient woodland at all. It is notable that even HS2, which holds the prize for the all-time number of ancient woodlands damaged, has managed, during the implementation phase, to reduce the level of damage and the number of sites impacted as a result of negotiations and discussions with the Government and the Woodland Trust. Regrettably, many are still being damaged, but it shows what is possible.

I know that the Government are keen to honour the commitment made during the passage of the Environment Act and to change the consultation direction absolutely along the lines of my amendment. The Minister and the noble Earl, Lord Howe, have given me a lot of time and some tremendous assurances about processes and timescales, but we have had assurances and flurries of activity during the past two years without progress being made. They fall back and get forgotten again. The process laid out by the Minister needs agreement between her department, Defra and a number of other agencies. I know it is an ignoble thought but this does rather leave quite a lot of room for delay and complication.

We now need a bit of legislative welly to guarantee progress. This amendment sets a deadline of three months after Royal Assent, which accords well with the indicative timescale offered by the Minister. I shall want to test the opinion of the House. I beg to move.

[Baroness Willis of Summertown (CB)]

My Lords, I rise briefly to give my full support to the amendment in the name of the noble Baroness, Lady Young.

I want to add one piece of information to the points made by the noble Baroness. This is now urgent. We need much better and tighter legislation in place to protect our ancient woodlands. Since the Environment Act 2021 was passed, 200 local planning use decisions have given the green light to damaging ancient woodlands. This represents about 0.2% of the remaining ancient woodland. If we carry on at this rate, it does not take much to work out how quickly we will lose the rest of this incredibly important ecosystem. We must give this important, urgent issue our full attention.

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[Lord Harlech (Con)]

My Lords, I declare my farming and land management interests in Wales, as set out in the register.

Amendment 233, in the name of the noble Baroness, Lady Young of Old Scone, is substantially the same as the amendment put forward in Committee. I pay tribute to her for her tireless campaigning on the importance of ancient woodlands, as well as to the noble Baroness, Lady Willis of Summertown, for her insight in this debate. While we resisted this amendment in Committee, I am now persuaded that we can and should make a change of direction to capture this proposal in advance of a wider review later. I know that my noble friend Lady Scott of Bybrook has written to the noble Baroness to that effect already.

The intent behind this amendment, and indeed our public commitment to amend the consultation, is already being progressed. Officials from DLUHC and Defra are working with the Woodland Trust, the Forestry Commission and Natural England to develop a suitable amendment to the direction. The ultimate aim is to seek a common position on the meaning of “affecting ancient woodland”, a definition which considers the number of likely referrals to the Secretary of State, alongside how effective they would be at capturing the main points of concern. No legislative or parliamentary processes are required to issue the amendment to the consultation direction. I am therefore confident that an amended direction will be in place by the end of this year.

In addition to progressing the changes to the consultation direction, officials in DLUHC and Defra are delivering on further commitments made regarding ancient woodland and ancient and veteran trees during the passage of the Environment Act. A review of how national planning policy on ancient woodland is being implemented in practice is under way. The aim of the review is to give us a better idea of whether further protections are needed to ensure that these irreplaceable habitats have appropriate protection within the planning system. The findings of this analysis will feed into our wider review of the National Planning Policy Framework, which will be subject to a public consultation.

The noble Baroness, Lady Young of Old Scone, mentioned the losses of and impact on ancient woodlands from HS2. The Government and HS2 Ltd recognise that ancient woodland is an irreplaceable habitat, and the design of the railway has sought to avoid its loss wherever possible. Defra, the Forestry Commission and Natural England have worked with the Department for Transport and HS2 Ltd to ensure that route design and delivery plans minimise any loss of ancient woodlands and veteran trees.

Where effects on ancient woodland cannot be reasonably avoided through design, HS2 Ltd has committed to providing a range of bespoke compensation services for each woodland affected, in line with advice provided by Natural England and the Forestry Commission. HS2 Ltd is working with the Forestry Commission to deliver an additional £5 million HS2 woodland fund on phase 1 and £2 million on phase 2a. This will result in hundreds of additional hectares of woodland creation, in addition to the core compensation planting delivered by HS2 Ltd itself.

Since May 2023, the woodland creation aspect of the fund is now available under the England woodland creation offer, while the restoration of plantations of ancient woodland sites—PAWS—will continue to be administered under the HS2 woodland fund. As of November 2022, the phase 1 HS2 woodland fund has completed 34 projects, which has resulted in 123.6 hectares of new woodland creation and 71.9 hectares of schemes to restore native woodland on plantations on ancient woodland sites.

Where loss of woodland is unavoidable, there is a range of measures, including the translocation of ancient woodland soils and features, salvaging ancient woodland soils and seed banks that would otherwise be lost and translocating those to enhance new woodland planting sites and support the restoration of degraded ancient woodland sites. All the measures, whether they be the creation of a new habitat area or the enhancement of existing habitats, will be supported by long-term management plans and agreements with landowners or third parties where relevant. HS2 Ltd publishes an annual Ancient Woodland Summary Report, providing updates on how the scheme is impacting ancient woodlands and the progress that is being made on delivering the range of compensation measures that have been committed to.

Further to this, in 2021 the Government published the updated keepers of time policy on ancient and native woodland and ancient and veteran trees in England. The statement updates the Government’s policy to recognise the values of these habitats and our objectives to protect and improve them for future generations.

My noble friend Lord Lucas and the noble Baroness, Lady Pinnock, spoke about the need for long-term strategies to protect ancient woodland sites. Since the keepers of time policy was first published in 2005, more than 27,000 hectares of plantations on ancient woodland sites in England have been brought into restoration since 2010. However, the Government are going further and in 2021 they published the updated keepers of time policy on ancient woodland. Managing Ancient and Native Woodlands in England was released in 2010, which provides guidance to help land managers to make appropriate management decisions. The Forestry Commission is working with the Sylva Foundation and partners to make assessment of woodland ecological conditions simpler for users through the development of an app, which will allow us to gather data on the condition of our ancient and native woodlands and monitor progress against our ambitions. In addition to the NPPF review, two additional research projects are under way to understand the impact of development on woodland, through the nature for climate fund and a forest research project.

I hope that I have been able to reassure the noble Baroness and the House that we are doing all that we can to protect these vital ecological infrastructures and that she will be content not to press her amendment.

[Baroness Young of Old Scone (Lab)]

My Lords, I thank all those who have spoken in support of my amendment as well as those who are silently cheering me on but not speaking, as we are all keen to get on to the debate on nutrient neutrality. I thank the noble Lord, Lord Harlech, for his account of the range of measures that the Government are taking to improve ancient woodland and his commitment—rather surprising, but I was very pleased—to progress on the other commitments that were made on ancient woodlands during the passage of the Environment Act. I have not started campaigning on those yet, but I am grateful for the invitation to do so.

It comes down to the fact that promises are made and sincerely committed to, but there is many a slip ’twixt cup and lip. To be honest, unless we get a clear legislative date for this change to the consultation direction into statute, there is always a risk that it will dribble away—we will have a spring election, everybody who knew anything about it will have disappeared and we will be back to square one. Despite all the assurances all the way through this process from the noble Baroness, Lady Scott, the noble Earl, Lord Howe, and the noble Lord, Lord Harlech, which I very much welcome, I would like to test the opinion of the House.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Report stage
Monday 18th September 2023 Lords Chamber

Moved by

[Baroness Young of Old Scone]

278: After Clause 226, insert the following new Clause—
“Duty to produce a land use framework(1) The Secretary of State must, no later than one year following the passing of this Act, lay a land use framework for England before Parliament.(2) The framework must—(a) outline government objectives and principles in relation to the multifunctional use of land;(b) be based on the principle of multifunctional land use and take account of the whole range of land uses, including agriculture, climate change, biodiversity, access, development, housing, infrastructure, water, energy, natural capital and ecosystem services;(c) promote collaboration and integration across the statutory organisations impacting on land use;(d) provide guidance on the application of the framework to enable decision making at national, regional and local levels and to assist individual landowner decision;(e) provide accessible data on land use to support decision makers at national, regional and local levels, including the decisions of individual landowners.(3) Before laying the framework before Parliament, the Secretary of State must publish a draft framework and consult with such bodies as have relevant interests in land use and also with the general public.(4) Subsections (2) and (3) apply to a revised framework as they apply to a framework laid under subsection (1).”Member’s explanatory statement
The new Clause would require government to consult widely upon and publish a land use framework for England to improve the ability of decision makers at all levels, including individual landowners and managers, to reconcile conflicting land use pressures, make better decisions about conflicting land uses and enable scarce land resources to be used to deliver for multiple objectives.

[Baroness Young of Old Scone (Lab)]

My Lords, I will be brief. Amendment 278 is in my name and those of the noble Baroness, Lady Willis, and the noble Lord, Lord Randall, neither of whom are able to be with us this evening. I declare an interest as a commissioner on the Food, Farming and Countryside Commission and as chair of the Woodland Trust.

We are all waiting with bated breath for the land use framework that the Government say will burst forth in October or November. I use the words “burst forth” advisedly because we hear that there has been consultation across government but little consultation with anyone else, including the 140,000 people in this country who actually own the land. That is strange for a land use framework.

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[Earl Howe (Con)]

My Lords, the noble Baroness, Lady Young, has once again highlighted the important issue of land use, and I am grateful to her for giving me the opportunity to set out the Government’s plans in this area. First, the Government agree with the intention behind the amendment. Major influences on the use of land must be considered in the round—that is completely accepted and indeed it is why Defra has been working closely with a number of other departments to develop the content of the land use framework for England, which will be published this year. The framework will provide a long-term perspective and, to pick up the point the noble Baroness made, it is supported by the latest advances in spatial data science. We have developed the evidence base needed to ensure that policy can make a virtue of the diversity of natural capital across the landscapes of England.

That said, the Government’s view is that it is neither necessary nor sensible to specify the framework’s scope and purpose in legislation at this stage. There is a very simple reason for that: our work on the framework needs to be open to the latest evidence and insights and indeed, if necessary, to change as our understanding continues to develop. However, I reassure the noble Baroness that the principles she has highlighted are very much in our minds as we approach this important task and that we look forward to engaging with her, and indeed everyone else with an interest, in due course. I hope that, with those reassurances, she will feel able to withdraw her amendment.

[Baroness Young of Old Scone (Lab)]

My Lords, I thank the Minister for his answer. I am delighted to hear that the framework will emerge before the end of the year—I will hold him to that. We all wait to see what the Government come up with. My anxiety is that a set of principles launched on everybody is going to set up antibodies among landowners big and small, because they will not have been consulted on it and that is not the right foot to get off on, no matter how much consultation then follows. I look forward to seeing what the Government produce, and at this point I beg leave to withdraw my amendment.

Amendment 278 withdrawn.

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[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will introduce my noble friend Lady Bennett’s Amendment 282NC, as she has been called away to “Gardeners’ Question Time”. Of course, I will vote to support Amendment 281.

I will be very brief. This is a quite simple amendment based on a report from the New Economics Foundation entitled Losing Altitude: The Economics of Air Transport in Great Britain. It takes on the Conservatives, on their own ground, on questions of growth and economics. There are still arguments that airport facilities are needed for business travel, but it has declined by 50% in the past decades.

All the infuriating by-products of air travel—the noise, disruption and pollution—are not actually worth while. The sector is one of the poorest job creators in the economy per pound of revenue. Automation and efficiency savings have meant that the rapid rise in passenger numbers between 2015 and 2019 was not enough to restore direct employment to its peak in 2007, plus wages are significantly lower in real terms than they were in 2006. That is obviously not for the top jobs; this is for the bulk of workers. Quite honestly, air travel just cannot be justified on any grounds anymore.

The amendment proposed a review to examine the costs and benefits of planned expansion of the UK air transport sector. Quite honestly, it is not worth it.

[Baroness Young of Old Scone (Lab)]

My Lords, I will talk briefly to Amendment 282F which is in the name of the noble Baroness, Lady Boycott, and to which I have put my name. It is on the subject of allowing communities access to small areas of land that are available only on a temporary basis to foster schemes for growing vegetables, plants and flowers, not only to produce local food but to give multiple benefits to people’s health and mental health, and to community cohesion and engagement.

In her absence, I thank the Minister, the noble Baroness, Lady Scott, for her session with me and the noble Baroness, Lady Boycott, last week. We were disappointed that she saw this as a local and not a national issue. The problem with having this lodged at a local level is that these small, ad hoc community initiatives are, in many cases, very informal, and do not have a lot of oomph behind them in an understanding of how local government works or of who to talk to at local authority level. Indeed, there often is no one at local authority level for whom this would be a job. They falter, and then the lawyers get involved with the lease issue, if it gets to that point, at which stage these small community organisations collapse totally under the bureaucracy and strain of not having lawyers of similar firepower to the local authority.

I was delighted to hear the noble Baroness, Lady Jones, talk about “Gardeners’ Question Time”, which is taking place in the House this evening. A very famous television gardener tried to get one of these schemes going in Birmingham, with a very determined national public servant. After three years, even they could not make it happen.

This simple amendment would require local authorities to identify those patches of land that they have, either in their own ownership or others that they know about, that are available for a defined short or medium term; people can grow a few things on them, have a good time and become cohesive communities. It would be a splendid idea if the Government were to accept this.

[Baroness Randerson (LD)]

My Lords, the noble Lord, Lord Lucas, raised an interesting issue. I will briefly comment on it because, to me, it seems that the fundamental issue is not just a visual aspect; it is also the fact that by using paving on front gardens you greatly increase the risk of flooding, because the run-off from paved-over front gardens is a serious addition to flooding problems. The issue here is not just whether you have pretty flowers in your front garden. There are complex issues, such as those which the noble Lord referred to around access to home charging, which will be very important in the future. There are excellent porous products that can be used instead of hardstanding. If local authorities are to have a role, it ought to be in specifying to ensure that porous products are used, not just in front gardens but in the creation of any car parks, because they work perfectly well.

I will briefly refer to the issue of aviation and the provision of airports. The concentration of so many large airports in the south-east of England is one of the most obvious manifestations of inequality in the UK, as well as making it extremely difficult to build modern public transport links to those airports to reduce their impact on the environment. The UK is generously supplied with airports, in comparison to most other countries. Many of them have spare capacity. I would urge that what needs to be done is to take these two factors together. Therefore, there is no justification for the expansion of airports in the south-east, and, in particular, no justification for expanding Heathrow for a third runway.

Levelling-up and Regeneration Bill

Baroness Young of Old Scone Excerpts

Consideration of Commons amendments
Monday 23rd October 2023 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I have Motion P1 in this group. I express my gratitude to my noble friend Lord Howe and others who attended the meeting last week, which was extremely helpful. I refer to my interests on the register and, in particular, that I co-chair the All-Party Parliamentary Group on Water. As my noble friend referred to in his opening remarks, we are in the midst of yet another storm and widespread flooding, not just in Scotland but parts of Yorkshire, Derbyshire, Lincolnshire and other parts of the country as well. My heart goes out to those families experiencing flooding at this time.

My noble friend mentioned that I may be minded to insist, and I hope that we may achieve a closer meeting of minds on this occasion than on the last occasion when we discussed this. In current planning policy, it depends entirely on local authorities, as I understand it, mapping the divisions between zones 3a and 3b, to which my noble friend referred. As I understand it, this currently is not being done as widely as one would hope. If the mapping is not being done, my first question to my noble friend is: how do we know which properties lie in zone 3b and which in zone 3a? Secondly, the information I have received is that Environment Agency advice, to which my noble friend referred, is currently not always being followed. I commend the fact that the Government of the day called on the Environment Agency to be statutory consultees in planning procedures and what a ground-breaking decision that was at the time. But, sadly, between 2016 and 2021, 2,000 homes were given planning permission against Environment Agency advice. If its advice is not being followed, what is the come back for purchasers who live in those houses where the advice has not been followed?

Post Flood Re—which was a very welcome development—houses built on a flood plain after 2009 are not covered by insurance. In those circumstances, it may be that someone purchases a house in good faith, perhaps without a mortgage, and may not realise that they are not eligible for insurance. As a Flood Re official expressed it, it would be better that houses were simply not built on functioning flood plains. I am afraid the question of whether houses built after 2009 are covered by insurance, or at the very least offered affordable insurance where the excess is not prohibitive, is still one of the outstanding issues that lie behind Amendment 80.

However, I am heartened by my noble friend saying that national development planning policies should express how best to achieve the lifetime protection that the Government are so committed to and which I support. This evening, can my noble friend put more flesh on the bones and particularly specify how he and the Government expect to achieve this? I am not entirely convinced that what my noble friend seeks to achieve is set out in the latest iteration of the National Planning Policy Framework, published as recently as September this year.

The reason why this is so important is set out very eloquently by the National Infrastructure Commission in its quinquennial assessment published on 18 October, in which it recommends requiring

“planning authorities to ensure that from 2026 all new development is resilient to flooding from rivers with an annual likelihood of 0.5 per cent for its lifetime and does not increase risk elsewhere”.

That aspiration could be achieved by regulation or, as my noble friend set out earlier this evening, in the National Planning Policy Framework. I urge my noble friend before we leave this Motion entirely to confirm this and give a little more detail as to how we expect this will be achieved through the National Planning Policy Framework.

[Baroness Young of Old Scone (Lab)]

My Lords, I will talk to Motion Q, which deals with developments that affect ancient woodland, and I declare an interest as chair of the Woodland Trust. I thank the noble Baroness, Lady Willis, and the noble Lord, Lord Randall, who supported this amendment at earlier stages of the Bill. Huge thanks go to the noble Earl, Lord Howe, who has persuaded whoever needed persuading to take the body of my amendment into a government amendment. Although my amendment has not gone ahead, to a large extent it will bring into the consultation direction the ability for the Secretary of State to call in and direct local authorities against developments that will impact on ancient woodlands by destroying them or by influencing them from adjacent developments. That is terrific, and I really thank the noble Earl for his support and help in this.

Of course—conservationists and environmentalists always have a “but” after everything they say—this is very good, but the Government have introduced a couple of additions to the amendment we proposed. One is good: clarification of the definition of ancient woodland; the other is not so good, as it says basically that when we come to review and withdraw or amend the 2021 consultation direction, we could sweep the legs out from under this one, which would be rather short-lived since a review of the 2021 direction is under way at the moment. I hope that justice will prevail and that anyone reviewing the direction will be of the same mind as the noble Earl, Lord Howe, and will support the ancient woodland provisions because there is currently no protection for ancient woodland whatever.

I should say that my two co-sponsors and I and many others will be watching the department’s intent intently, both in the review of the direction and, more importantly, in the implementation of the provision. It will be in operation by the end of this year and the way in which the Secretary of State and the Department for Levelling Up, Housing and Communities deal with it will be a real test of whether they recognise the importance of what is currently being put into statute. That is going to be the proof of the pudding. If we do not see any real efforts by the department to hold local authorities and developers to account against this provision and stop some of the frequent damage to ancient woodland caused by development, we will not have achieved much.

At that point, I must stop descending into churlishness and once again I say a big thank you to the noble Earl, Lord Howe, for putting forward the alternative government amendment. But we are watching.

[Baroness Hayman (CB)]

My Lords, I will speak to my Amendment ZD1 and declare my interest as chair of Peers for the Planet.

I retabled my amendment on onshore wind to give the Government the opportunity to provide, as the noble Lord, Lord Ravensdale, said, clarity and consistency in the planning system in relation to onshore wind; to stop having to eat away at the disastrous effective moratorium on onshore wind by a series of measures and to have one clean, clear way of reverting to the planning system and not putting onshore wind on a special basis—not with any extra consideration—but not putting it out of the normal considerations in relation to planning law that any other infrastructure development would have.

I started fighting the moratorium three years ago in a Private Member’s Bill. As the noble Baroness has just said, it would be churlish not to say that we have made progress from that point. We have seen contracts for difference being made open to onshore wind, then repowering and life extension for existing onshore wind developments, and the recent NPPF changes to which the Minister has referred have been welcome. However, all these have been baby steps. They have not solved the problem. More importantly, the industry as a whole is not convinced that there will be enough to give the onshore wind industry the reinvigoration or the planning framework within which to make the contribution that it needs to make to our renewable energy and net-zero targets—and also to cutting bills to boost energy security. With the costs of developing onshore wind high, the uncertainty that remains in the planning system could curtail investment and lead to supply chain issues and, ultimately, to development going elsewhere.

However, I have to say that the Minister has, as ever, tried to help and has helped. We do have more baby steps and I very much welcome his commitment to monitoring the effects of the changes that have been made—because there is a disagreement as to whether they will be effective and whether they will lead to more onshore wind developments. If we can see the data and if the Government are upfront and transparent about the effects, we can then see whether they are right or whether the fears that some of us have are justified.

So I do welcome that and that the Minister has given us a timeframe this evening for that reporting to come back. He mentioned that the consultation on changes to the NPPF and the implementation of consultation with local communities is soon to be made public. I hope that when the results of that consultation come out, the Government will look very carefully at whether they can offer some guidance to local authorities, because some of the terms about how you assess local support and what is adequate are very difficult on a case-by-case basis. It would be extremely helpful if the Government could look at giving local authorities some guidance in these areas.

So I am trying to strike a balance between saying “Not enough” and “Thank you for what there is” and I will not be pressing this to a Division later.