Environment Bill

Bob Seely Excerpts

Report stage & 3rd reading
Wednesday 26th May 2021 Commons Chamber

[Rebecca Pow]

As the hon. Gentleman will know, or I hope he knows, we launched our tree action plan just last week. It sets out the raft of measures we will use to enable us to plant our commitments and target on tree planting, which is 30,000 hectares by the end of this Parliament. There are measures in the action plan, and we have allocated £500 million from the nature for climate fund, so I would say there is a huge commitment to tree planting in this country.

[Bob Seely (Isle of Wight) (Con)]

Will my hon. Friend give way?

[Rebecca Pow]

I am going to continue.

The Bill also contains a coherent package of new duties, tools and support to drive improvement for nature: a 10% biodiversity net gain requirement on new development; a strengthened duty on all public authorities to conserve and enhance biodiversity—they will be able to do a lot of the tree planting mentioned by the hon. Member for Harrow West (Gareth Thomas); local nature recovery strategies, which will form the building blocks for a much wider national nature recovery network; species conservation strategies and protected sites strategies to improve conservation outcomes for habitats and species; targeted measures to protect existing trees and plant new ones—back to trees again; and due diligence requirements to prohibit larger UK companies from including forest risk commodities in their supply chains.

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[Rebecca Pow]

Okay—I will look up at the video screens. The hon. Lady will say that we need to lock in the protections of the habitats and wild birds directive as they are now, but if we are to deliver on our ambitious new target and reverse the downward trend of recent decades, we need to change our approach, and we need to change it now.

Now that we have the leading framework and targets set out in the Bill, we need to take responsibility for delivering the change needed to achieve our world-leading environmental ambitions. We need to create space for the creative public policy thinking that can help us to deliver those results. To that end, we have designed the new Government amendment with the specific aim of conserving and enhancing biodiversity. Under new clause 21(10), the power to amend regulation 9 can come into force only from 1 February 2023, once we have set the biodiversity targets and conducted the first review of the environmental improvement plan, as provided for in part 1 of the Bill. We have also been explicit that powers can be used only if they do not reduce the existing level of environmental protection. We will closely consult conservation groups, the OEP and others.

The clause will also require us to explain to this House how the use of the power would maintain the level of environmental protections provided by the Habitats and Species Regulations before any regulatory changes are made, and of course the House will have the opportunity to vote on any reforms. In addition, my colleague Lord Benyon will also chair a small working group, comprising myself, Tony Juniper, the chair of Natural England, and Christopher Katkowski, QC, which will gather information on how we might utilise the powers enabled through our Government amendments. We will have our first meeting before the summer recess. The group will consider the technical detail and will gather evidence from experts and stakeholders. The Green Paper will then offer a further opportunity for stakeholders to feed back on the initial proposals for reform. We will consult the new OEP on any proposals we develop before any regulatory changes are made.

On habitats protection, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), whom I am so pleased to see in his place, is right to raise the important issue of the protection of species such as the hedgehog. We all love a hedgehog, don’t we? I have released lots of rescued hedgehogs into my garden. The existing legislation focuses on deliberate harm against species, which, on its own, does not properly address the real challenges faced by species whose numbers are declining, such as the hedgehog. It is a priority for us to provide the legislative protections and policy interventions needed for our wildlife, including for declining species such as the hedgehog, and to deliver our 2030 target on biodiversity. He will therefore be pleased to learn that I have instructed my Department, as part of our Green Paper, to begin a review of this legislation, with a view to enhancing and modernising it. We intend to publish and seek views on our conclusions in the Green Paper later this year, and I give him an absolute commitment that this work will encompass the issues that he has raised and that I know he will be speaking about today, and that the final outcomes will ensure that we provide the kind of support that is desperately needed to reverse the decline in hedgehog numbers. I thank him in advance for championing this cause, because the hedgehog needs a champion.

Along with climate change, biodiversity loss is the defining challenge of our generation. Ensuring our protected sites can be restored to good condition, functioning properly as reservoirs for wildlife, and protecting our most vulnerable habitats and species is crucial to delivering on our environmental ambitions.

[Bob Seely]

I congratulate the Minister on seeking to improve that Bill, as that is excellent. Four amendments have been tabled—two by me, one from my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and one from my right hon. Friend the Member for Basingstoke (Mrs Miller)—that address specifically tree preservation orders, more protections and closing loopholes for sites of special scientific interest. Will the Government listen closely to those amendments? If they think they are worthy of support, as I think they are, will they please incorporate them or ensure that they are incorporated in the other place?

[Rebecca Pow]

I thank my hon. Friend for that. I know that there are a lot of strong advocates for trees. We have some very strong measures in the Bill, as I hope he will already know—we have worked very hard on our tree protections. We believe that they, in conjunction with our tree action plan, mean that we have very strong measures for trees, but, obviously, we are always open to hear what colleagues have to say, because we have to look after and indeed increase our tree planting.

As I was saying, our ambition goes much wider than just existing protected sites; we want to see a much more abundant nature-rich Britain, with further action to bend the curve on species loss in this country. These powers to redesign our conservation regulations with these ambitions in mind form part of our plan to restore and enhance nature in this country. It is a must do, and we will do it. I commend these amendments to the House.

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[Luke Pollard]

I am grateful to the hon. Member for that intervention; I know he always listens carefully to my speeches on this subject, and his question is a good one. We are facing a bit of a planning crisis. I am concerned that the developers’ charter that has been set out by the Government regarding planning on one side of Government practice does not fit neatly with what is being proposed in this Bill, on this side of Government practice.

If we are to have the expansion in a free-for-all for development that is being proposed by one Government Department, it is hard to see how that fits with the biodiversity protections on another side of Government. I would like them to gel together, because I want developers to provide the more affordable homes, the zero-carbon homes and the low-carbon homes that we need in all our constituencies. To do that, we need to send a clear message to them about how biodiversity is to be built into the planning system. Where, for instance, is the requirement for swift bricks to be built into new developments—building nature into them? Where is the requirements to have hedgehog holes in some of the fences, as we have seen from some developers?

There are an awful lot of good interventions on biodiversity and planning that create not unnecessary red tape or cost, but an environment where we can build nature into our new planning system. At the moment, I am concerned that those two things do not match together, which is why we want to see biodiversity much more integrated into the planning system. If I am honest, I think Government Members also want that to happen, which is why the planning reforms proposed in the Queen’s Speech do not fit with this Bill and why there is such concern.

[Bob Seely]

These are good individual ideas, but the problem is actually a much wider one. If we do not have a recycling culture in housing and planning, we are just going to use lots of greenfield sites. Doing so would damage not only our environment, but our communities; we would be doing social damage by leaving brownfield sites undeveloped. We need to start taxing greenfield sites and doing radical stuff, so that we get joined-up Government and use that money massively to clear the way for developing brownfield sites. That is what we need to be doing—not just putting in nice little bee bricks, as important as they are.

[Luke Pollard]

I thank the hon. Member for that intervention. I am a big fan of bee bricks as well as swift bricks. I fear that his intervention was aimed more at the Government than at me. I hope that the Minister will be listening carefully to her own Back Benchers, because, whether she agrees with the words of the Opposition or not, we need a bolder Environment Bill. We need it to be better joined up across Government because we are not there yet.

DEFRA was at the heart of Government when the right hon. Member for Surrey Heath (Michael Gove) was in charge, but it has lost its way. It has lost its va va voom. It is now dominated by a bland and dreary managerialism. Where is the energy and drive needed to tackle the climate crisis? The Department has a lot of decent junior Ministers—one of them is opposite me now—but I think it has lost its way. This Bill is okay. It is passable. It is a bit “meh”. But it is not landmark. Indeed, it is deliberately not a landmark Bill.

I say to the Minister: look carefully at Labour’s amendments and please let us work together to get this Bill back on track. I agree with her on the need for bold action; I just do not think that this Bill delivers it. If we are properly to address the climate and ecological crisis, we need more, bolder and decisive action than I am afraid this Bill includes.

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[Miss Sarah Dines (Derbyshire Dales) (Con)]

It is with great pleasure that I rise today to speak on this important Bill and on a vital issue that is central to the people of Derbyshire Dales and, indeed, of the world. This is a landmark Bill and I have been waiting for it for many years.

Environmentalism is at the heart of building back better, not just on these islands but as part of the Prime Minister’s vision for a global Britain. Tackling climate change and biodiversity loss was listed as the United Kingdom’s No.1 international priority in the recent review of defence and foreign policy. There can be no doubt that the environment is safest when it is in the hands of a sensible Conservative Government. Rather than delivering hot air, this Government are delivering conservation.

Of special interest to Derbyshire Dales is what the Government are doing in relation to tree planting and peatland restoration. These are huge issues locally and should be so internationally. It is through the nature for climate fund and also with the creation of the Nature Recovery Network that we will see better policies and better things going forward. We will also get a more connected and richer wildlife habitat.

I welcome the fact that, in a 25-year environment plan, the Government will be introducing three new schemes, which are very well thought out and planned, to reward farmers and land managers for producing public goods. Such planning is non-existent on the Opposition Benches. These schemes are most welcome and will be adapted, I am sure, to suit all of our farmers, including my upland farmers in Derbyshire Dales.

In the months since my election, I have been delighted to meet and work with organisations locally that care deeply about this—they are committed to the environment in Derbyshire Dales—such as Moors for the Future partnership, which is leading the country in this area, and the Minister knows full well about its work. This work is vital and it is the Conservative Government who are supporting it. Free of the shackles of Europe, we can focus on what we can do on our part of this precious planet.

I have visited many farmers in my constituency. They are a quiet and rugged people. They do not need to be attacked; they need to be supported. They live and work in a day-to-day partnership with nature, and this Government are doing that. I know just how much all the people of Derbyshire Dales care about the environment. I recently met with the Wirksworth Anglican church and other churches in the Wellspring group, which care passionately about the environment. Whatever people’s politics, if they care about the environment, I will work with them and get this Government to continue their good work on the environment.

With new technology and industry, under this Conservative Government we will be leading the way for not just a greener UK but a greener world. Derbyshire County Council, ably led by Councillor Barry Lewis and his newly elected Conservative colleagues, is at the forefront of plans to try to introduce a fleet of zero-emission hydrogen buses, supported by smart mobility hubs. These are huge advances being made by Conservatives working together across the whole nation. There is also the county council’s new £2 million green entrepreneurs fund, which will support small and medium-sized businesses. In terms of the emphasis on local authorities, Derbyshire Dales District Council, led by Councillor Garry Purdy and his hard-working councillor Sue Hobson as deputy, works tirelessly on environmental issues, promoting things as small as wild flowers and trees, which are hugely significant.

In conclusion, the people of Derbyshire Dales, the farmers who till this land and care for their livestock and the people who live on our moors and our uplands are in touch with the environment; they need support and help, and this Government are giving it. While they need no prompting to look after that landscape, the provisions in the Bill will make their job a lot easier. This is a Government who are actually delivering.

[Bob Seely]

I will speak briefly in favour of four amendments. First, I pay tribute to the Minister for her hard work in seeing the Bill through and the fact that, even now, she is determined to try to improve it by adding new clauses, showing diligence on her and her team’s part, which we all welcome. I especially welcome the action on sewage. We had problems in Ryde and Sandown recently with sewage coming from Southern Water, so such action is welcome on the Isle of Wight, and I congratulate Surfers Against Sewage and my right hon. Friend the Member for Ludlow (Philip Dunne) on his great work, as well as the Minister on supporting it.

Of the four amendments I will refer to, one is tabled by my right hon. Friend the Member for Basingstoke (Mrs Miller), one by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and two by me. They are probing amendments, seeking reassurance. If the Minister thinks that the work is in the Bill, that is good enough for me, but I would like to put these ideas forward to ensure that they are.

On amendment 41, tabled by my right hon. Friend the Member for Basingstoke amendment, I find it absolutely bizarre that character is not a prerequisite for major planning applications—I am not talking about a bungalow extension or a patio but significant development. Criminal records, poor behaviour, threats to intimidate others and mass tree felling do not seem to be things that we can take into account.

We have a Mr John Cooper in the Isle of Wight who owns a caravan park in an area of outstanding natural beauty. He has recently cut down 50 oak trees to build a caravan park extension. If that planning permission comes forward, we cannot turn him down on his appalling behaviour. He has gone to ground since then, and it would be nice if he made a public statement to folk on the Isle of Wight on what he is up to. I thank Councillor Peter Spink for pointing this out. Character needs to be part of the planning process, because we know that there are some rogue developers. I know that this is about planning, but importantly, as I am sure the Minister would agree, it is also about environmental protection. The more layers and safeguards that we can put in to protect landscape, the better.

I will not go into new clause 16, tabled by my right hon. Friend the Member for Chipping Barnet, because I know that she will speak to it soon very eloquently. In the remaining minute and a half, I would like to speak to my two amendments. New clause 27 would require tree preservation orders for all mature trees and protected landscapes. It is a no-brainer, unless the Minister says, “Actually, Bob, I think we’ve got this covered. We accept the argument, but our proposals go further,” and I will take that on trust.

New clause 26 is on SSSIs, which are very important. I have an SSSI on the Isle of Wight that is about to be concreted over because of a loophole in planning and environmental law. I have written to Ministers about this, and I am afraid to say that the responses have been a little perfunctory, to put it mildly. There is clearly a problem here, because there is a time limit under the Town and Country Planning Act 1990 which means that if someone has a caravan or temporary home on a SSSI and it is not taken away within a certain timeframe, they can effectively develop that SSSI. They may not be able to stick permanent homes on it, but they can stick 200 caravans on it and concrete over the entire SSSI. How on earth can that be right? I know the Minister is concerned about the environment, so if she thinks that is covered in the Bill, I take it on trust, but if not will she please take forward this new clause and incorporate it either here or in the other place? This is absolutely a useful provision that closes an important loophole where SSSIs are damaged recklessly by people who deliberately game the system. I thank her for listening.

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[Theresa Villiers]

As I have said before in this Chamber, there can be few things more important for any Member of Parliament than being able to say, “We played our part in protecting our natural environment for future generations.” This Bill contains one of the most ambitious programmes to conserve and enhance nature ever undertaken in this country. That includes, as we have heard today: setting a demanding 2030 target for species conservation and biodiversity; delivering a nature recovery network and local strategies for nature; creating a whole new income stream for conservation through biodiversity net gain; committing land to nature for the long term using conservation covenants; and cracking down on the use of commodities produced via illegal deforestation.

The Bill is just one element of an even wider conservation package being taken forward by this Conservative Government, including replacing the common agricultural policy with environmental land management schemes, a massive uplift in tree planting and an action plan to protect our peatlands. Peatland areas are an iconic part of our landscape in these islands, and they are our largest terrestrial carbon store, they are a haven for rare wildlife and they provide a crucial record of our past. I warmly welcome the Government’s promise that they will take action to reverse the loss of peatland habitats and restore more of these landscapes to their natural state. I very much hope that will include delivery of the great north bog project.

New clause 16 would require planning permission to be refused if it would have a detrimental impact on nature conservation. I am afraid that much of the good work done under this Bill could be undone if radical changes to the planning system mean that we concrete over our green and pleasant land. Implementing the “Planning for the Future” White Paper would mean a massive centralisation of power through setting development management policies nationally rather than locally. Compliance with design codes could become sufficient to override long-standing principles restricting density, massing and bulk, and local democratic input would be removed altogether in zones designated for growth.

[Bob Seely]

I am so grateful to my right hon. Friend for making that point. It concerns us that there is potentially a dichotomy between these fantastically good ideas on the environment and the fact that we may undermine ourselves by having the wrong culture behind the new planning Bill.

[Theresa Villiers]

My hon. Friend makes a valid point. This is a great Bill and we do not want it undermined by the planning Bill that is to come. My constituency of Chipping Barnet already feels under siege from inappropriate, high-density development, even before these radical planning reforms come into force. If the Government are truly committed to the environmental aspirations of the legislation before us this afternoon, they must think again about their planning Bill, and I urge them to do that.