Kew Gardens (Leases) Bill

Debate between Geoffrey Clifton-Brown and Rob Marris

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

[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?