English Devolution and Community Empowerment Bill

Earl of Clancarty Excerpts

Thursday 5th March 2026 Grand Committee

[Baroness Taylor of Stevenage (Lab)]

The point is that many communities have managed to raise funding for schemes themselves. We are trying to target those communities that are less able to do that, and that is the point of the way in which this is funded.

Turning to Amendment 222D, I share the desire of the noble Baroness, Lady Coffey, to ensure that communities do not lose local assets that are important to them. She tabled an identical amendment to the Planning and Infrastructure Bill and, as she will be aware from the debates on that amendment, it is already the case that the demolition permitted development right excludes many types of buildings that may be designated as ACVs. This includes pubs, concert halls, theatres, live music venues and so on. Local planning authorities are able to use Article 4 directions to remove permitted development rights in their area where they consider it appropriate to do so.

However, as the Minister for Housing and Planning acknowledged during Commons consideration of Lords amendments to the then Planning and Infrastructure Bill,

“we think there are justifiable arguments for removing demolition of ACVs from permitted development rights”.—[Official Report, Commons, 13/11/25; col. 362.]

The Minister has, therefore, already committed to consult on this matter. We intend to include this proposal in the next consultation on permitted development rights, which we will publish in due course.

I turn now to Amendment 222E on the listing period for ACVs, which was also tabled by the noble Baroness, Lady Coffey. Under the provisions in the Bill, a local authority must remove an asset from its list of ACVs after a period of five years, with the Secretary of State able to amend this period through regulations. Although we want to ensure strong protections for ACVs, we do not think that it would be appropriate to remove this requirement and thereby make the listing period indefinite. Our intention is to empower communities at the same time as protecting the rights of asset owners. Indefinitely subjecting asset owners to the sale restrictions created by community right to buy would not be justifiable, given that the value of an asset to a community may diminish over time. There is also a risk that local authorities would be incentivised to make tougher judgments on requests from the community to list ACVs if listings are indefinite. This would conflict with the intention of the policy to allow communities to protect as many locally important assets as possible.

The noble Baroness pointed out that sporting assets of community value will, by contrast, be indefinitely listed. This is to provide sports grounds with longer-lasting protections, in recognising their inherent value to communities as places that foster local pride and identity and promote healthier lifestyles. It also reflects the low take-up of sports grounds under the existing regime for ACVs. Eligible sports grounds will also be listed automatically, meaning that there is not a similar risk of indefinite listing resulting in tougher listing decisions by local authorities.

The current five-year listing period for ACVs recognises that the needs of the community can change over time and that an asset may not retain the same value for a community in future. The policy must be responsive to this, but I will of course reflect on the noble Baroness’s proposal to ensure that this period is the right length. 

I turn now to Amendment 222F. I agree that the scheme should not be limited to assets with a current use that furthers the economic or social well-being of the community. There are many assets that have had a community use in the past and continue to hold significant value for a community. It is right that these assets are also in scope of the policy. That is why proposed new Section 86B already allows buildings or land that furthered the economic or social well-being of communities at any time in the past to be listed as ACVs. We believe that Amendment 222F is, therefore, not necessary.

I turn now to Amendments 223, 224, 227, 229, 230, 231, 232, 233 and 234 on assets of cultural value. I agree in this case with the noble Earl, Lord Clancarty—I nearly always do—that it is important to safeguard arts and cultural spaces such as music venues, recording studios, theatres and rehearsal spaces. They ensure that artists can thrive and play an important role in the vibrancy and identity of local areas. However, a broad range of arts and cultural assets will already be in scope of the protection through community right to buy, provided that communities are able to demonstrate a social or economic value to the community. Indeed, the provisions are clear that the social interests of the community include cultural interests. Statutory guidance will make clear the types of assets that we expect to be listed by local authorities if they are nominated; I welcome the noble Earl’s feedback on its development. This guidance will also be explicit that cultural assets are in scope of the policy, with examples such as the spaces I have already mentioned.

The noble Earl will also be aware that the planning system already offers protection for cultural assets and that there is a range of other government support available for both these assets and the artists who use them. I hope he will agree that, taken together, these measures provide strong support for valued cultural spaces.

[The Earl of Clancarty (CB)]

Is the department still looking for feedback on this? It may not be complete yet, so I thought I should ask that question.

[Baroness Taylor of Stevenage (Lab)]

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

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

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