Kew Gardens (Leases) Bill

Geoffrey Clifton-Brown Excerpts

Committee Debate: House of Commons
Wednesday 22nd February 2017 Public Bill Committees

[Mr Liddell-Grainger]

I knew someone would say something from a sedentary position.

The Bill removes the restrictions on leases on the Kew Gardens estate. Currently, 18th-century legislation limits leases at Kew to 31 years. It is therefore none of our faults—not even Peter Tapsell’s. The measure modernises the provisions by allowing a lease of up to 150 years.

That change would allow Kew to generate revenue to improve the quality of the estate and support its world-class science. Income generation would help Kew achieve its core objectives and retain its UNESCO world heritage site status. The change would also enable the release of value from non-core land and property at Kew. Long leases would help Kew develop what it does and what it wants to do in future. Anybody who saw David Attenborough in the wonderful series at Kew will not disagree that it is a remarkable place. The aim is to help Kew in its ambition to increase its self-generated income and become more financially viable.

Kew Gardens, as Crown land, is governed by the Crown Lands Act 1702. The Bill modernises the constraints on Kew and the Department for Environment, Food and Rural Affairs by allowing a longer lease to be granted on the land. The Bill removes the restrictions on the lease; it does nothing else.

What is the benefit of the legislation? Kew’s historic estate requires conservation and improvement. The Bill will enable income generation from the land at Kew that can be reinvested in the maintenance and development of the site. That will allow Kew’s infrastructure to be brought up to a standard that fully supports Kew’s ambitions and, more importantly, its mission. Basically, that has to happen because it is a UNESCO world heritage site. The financial benefits mean that it will have a time and place to raise the money it requires for the long-term commitment that it has shown in the past 150 years since it was set up.

The change does not allow the sale of the freehold land. The Government cannot sell the land because it remains with the Crown. Primary legislation would be needed if we wanted to do anything else to the land. Any proposals for new build or changes to buildings or their use, including the wider estate, will continue to be subject to rigorous review. There are tight restrictions on planning anyway, because Kew is a UNESCO world heritage site. We also know how rigorous planning is in that part of London.

Kew is in the process of updating its world heritage management plan, with UNESCO’s approval, with the firm intention of maintaining its status. Generating income from its estate will enable it to achieve its core objectives and retain its UNESCO world heritage site status. It is a UNESCO site because of the historic and contemporary scientific and horticultural activities that occur within its landscape. The need to maintain such activities means that this is an important little Bill. Income generation will continue for generations to come.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I congratulate my hon. Friend on this excellent Bill. I have two questions before he winds up. First, can he say why the figure of 150 years was chosen? As a fellow chartered surveyor, he will know that most leases are for either 99 years or 999 years, so 150 is unusual. Secondly, most explanatory notes to a Bill contain some form of financial appraisal. Can he say whether any figures have been produced to the benefit of Kew?

[Mr Liddell-Grainger]

My hon. Friend makes an interesting point. I have asked the Minister for some guidance. The previous Crown lease was for 150 years. I certainly did not know that the Crown works on 150-year leases, and I have Crown estates in my constituency. So 150 is not unusual and no precedent is being set within the Crown Estate.

The changes being made use the precedent of how section 5 of the Crown Lands Act 1702 was applied in relation to the Crown Estate. The Act indicates that a limit of 150 years, which we are using here, is considered an appropriate length to achieve the policy objectives.

We talked about funding. A member from Kew is here taking a keen interest in our proceedings. There has been no financial appraisal yet. It is a chicken and egg situation, as my hon. Friend knows. We need to get the lease in order to be able to do what we want to do.

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[Geoffrey Clifton-Brown]

As the hon. Gentleman is a conveyancer, he raises a very interesting point, which is not covered by the Bill. Does it allow for one 90-year lease, or more than one 90-year lease—in other words, successive 90-year leases? Perhaps that ought to be clarified.

[Rob Marris]

The hon. Member for Bridgwater and West Somerset can clarify this, but the way I read it, clause 1(1) allows a Secretary of State—not an individual human Secretary of State, but Secretaries of State—to grant successive 150-year leases. That is what it enables; the power is vested in that office. One would expect there to be such leases, but of course we do not know what will happen down the road. None of us will be there then.

Can the hon. Gentleman give us an idea of when the current lease expires, so we know where we are in the process? If there are, for example, another 15 years on the current lease, will it be rolled over into a new 150-year lease from, say, next year? That is just so we are aware of the cycle.

In terms of what is envisaged in a longer lease, can the hon. Gentleman reassure me about two things? First, will the longer lease be on a peppercorn rent—in other words, a nominal rent, rather than a real terms value rent of thousands of pounds a year, which it would be at market value?

Secondly, he mentioned planning permission, which would restrict, for example, over-building on the site, but of course in a lease one can have restrictive covenants that trump planning permission. Those who are not planners or property lawyers may not know this, but even if planning permission is granted for a piece of land to construct buildings, for example, if the land is subject to a lease that has a restrictive covenant forbidding the construction of those buildings, buildings could be constructed legally pursuant to the planning permission, but cannot not be constructed in practice because of the restrictive covenant in the lease. That is a stronger brake on such developments, so I hope that can be done.

Those three things go together. Will the hon. Gentleman reassure me on the restrictions in the lease, on the restrictive covenants and on whether there is going to be a peppercorn rent?

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[Mr Liddell-Grainger]

This debate has been very useful indeed. I thank the hon. Member for North Tyneside for her kind words. I think that John Wood of Oxford hit it on the head in saying that the importance of this incredible place needs to be protected not just now, but for the future. My hon. Friend the Member for The Cotswolds, who is a surveyor, and the hon. Member for Wolverhampton South West, who is a solicitor, understand that better than I do.

There is no doubt about the Government’s determination to ensure that Kew remains the property of the people of the United Kingdom and that is it not frittered away. The Minister made it very clear, in response to the hon. Member for Wolverhampton South West, that the properties around the green need to be protected and need to provide an income source, which cannot happen at the moment. It is important that Kew gets funding from us, and rightly so. The hon. Gentleman is right. Nowadays, 125-year leases are unusual, but people want long-term security. We need to give Kew—this incredible world heritage site—the ability to say, “We know we can look forward 150 years, under the Crown and under Parliament’s direction, and sort out the things we need to sort out.”

I suggest that we all need to go to Kew to have a look, because I did not realise that there were seven properties around the green. The hon. Member for Wolverhampton South West said that normally we take evidence and, as he said, evidence has been taken on the hoof. Perhaps we need to hoof it, while the tube is running, to go and have a look at this wonderful place. I know that the Minister has been to Kew many times, as has Lord Gardiner. It was certainly a favourite place of my children when they were younger.

I thank the hon. Member for Luton North, with whom I have worked for far too many years. He is quite right to bring up the ideas he raised, because we are setting this out for the future. We cannot say that we will be able to change it, because we will not. Kew has to move on. There is no doubt that what it has achieved for the past 150 years is breathtaking. One only has to look at the television programmes to see that. Because of its seeds database, if anything went wrong, we would have the ability to take out these wonderful seeds and start again. It looks after plants that may not be here in the future—that may die out. Its role is not just scientific; it is a guardian of our future. The hon. Gentleman is right that we must take that very seriously.

I thank all Members who have been here today, especially the Minister.

[Geoffrey Clifton-Brown]

I am sorry to be such a bore, but will my hon. Friend answer this point about the length of the lease? The Bill, at clause 1(1), is very clear and states that the powers

“include the power to grant a lease in respect of land for a period of up to 150 years.”

I assume that the Bill gives the power for a one-off 150 years, not a succession of 150 years. I say this so that when our successors in 150 years’ time look back at the Hansard of this debate they will have a clear answer as to what was in our minds at the time.

[Mr Liddell-Grainger]

I thank my hon. Friend for that. He is a surveyor and is holding my feet to the fire—rightly so. Having talked to my hon. Friend the Minister, the power is for 150 years with the opportunity to renew in 150 years’ time. The explanatory notes also mention

“allowing leases up to 150 years.”

[Geoffrey Clifton-Brown]

If that is the intention, may I suggest that the Bill needs to be amended in the other place to make that point absolutely clear? That is not what is stated on the face of the Bill. In my view, the explanatory notes differ from what is in the Bill.

[Mr Liddell-Grainger]

I will therefore take the liberty of writing, on behalf of my hon. Friend, to express his concerns to my noble Friend Lord Gardiner. Lord Gardiner imparted to me who will take the Bill through the Lords but, embarrassingly, I have forgotten who it was already—I apologise to my hon. Friend and to you, Mr Turner, because my mind has gone completely.