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.