National Trust: 125th Anniversary

Debate between Ian Paisley and Derek Thomas

Tuesday 15th December 2020 Commons Chamber

[Derek Thomas]

I welcome that intervention, and that is exactly my point—the National Trust is such an important institution, is so celebrated and important to the British way of life, our care and protection of the natural environment, that if we allow some of these things to continue, that good work could be lost—lost in translation, if not lost to the awareness of the public. Yes, this is a difficult time, but I have been an MP for just over five years and many of these issues were there long before I became an MP. I have worked hard, but have failed to address some of those very difficult issues with the National Trust. This is not—I am really clear with the National Trust when they give me a similar response—about the additional pressures that covid has inflicted on the National Trust.

[Ian Paisley (North Antrim) (DUP)]

I should declare that I am a member of the National Trust and have been for many years, but I have a very robust relationship with it in my constituency, because I think it is very important that some of the issues that the hon. Member is bringing into the Chamber tonight are debated transparently and openly. Nevertheless, I hope that we can get back to a time when my constituency had a million visitors a year coming to the world heritage site that the National Trust manages. We have seen the benefit of that tourism to my constituency, and to the local farmers and local businesses in the village of Bushmills.

[Derek Thomas]

I want to make it clear that the work that the National Trust has done around west Cornwall and the Isles of Scilly—Cornwall in particular—is hugely important and valued.

In April 2020 I set up, with a councillor from Cornwall Council, a tourism recovery group, and the National Trust took part as a representative of many different organisations, all charged with trying to find a safe way to open up tourist attractions for people to return, as they did on 4 July. This is about identifying some of the concerns that constituents have, in order to address them, so that we can return to the core values and be reminded of the fantastic work that the National Trust can deliver through a huge army of fantastic volunteers across the United Kingdom. However, it is of great concern if the National Trust’s approach to increasing yield is to make as much money as it can, rather than protect and enhance small farms and support the fresh blood introduced into the sector.

A constituent that I have been in correspondence with for some time writes:

“We wanted to put solar panels on an agricultural shed on the farm as a way of reducing costs and our carbon footprint. The National Trust objected and prevented us from doing this.

The National Trust threatened me with legal action after we placed a temporary or moveable hut in a field for the summer months to sell ice cream from our own dairy cows, which we make on the farm. It is normal farming practice for a farmer to sell his produce in whichever way he deems the most profitable. To contradict themselves, the National Trust have ice cream vendors selling ice cream at multiple…sites all around the country, many of them rural beauty spots.

The National Trust reinvent the interpretation of the covenant as it suits them, as our family have found out on many occasions. In short, if it was okay to remove a rock or plough a field when the covenant was granted then it still is now, as the covenant’s wording has not changed, nor will it.”

She continues:

“This giant and powerful organisation is making uninformed, inaccurate and hugely detrimental decisions that are inconsistent.

Their interpretation is preventing small family farms from farming and could cause many of us to go out of business, as many farmers do not have the spare capital to litigate against such a huge organisation.”

Madam Deputy Speaker, if you wish to alter or extend your property, the local planning authority operates under strict rules and guidelines, the process is time-limited and the applicant has the opportunity to challenge the decision. If you happen to have a National Trust covenant on your property, sadly, the same transparency and accountability does not apply. The National Trust can determine whether the same improvements take place, with no clearly published process or procedure. There is no requirement for the National Trust to give reasons for its decision; it can take as long as it wants and there is no appeals process. For example, Cape Cornwall Club, a privately owned hospitality business that leases its 70-acre golf course from the National Trust, has taken 18 months to gain consent to pre-planning proposals to carry out much-needed improvements to the hospitality business—months and months waiting for responses to emails from architects, some of which were only obtained because my office intervened.

Now the club has got past that hurdle, the National Trust demands a new levy based on the improved value of the asset. No previous levy ever existed and no details can be found in the covenant. The owner wrote to me saying:

“The National Trust are trying to impose an undisclosed levy on any increase in the value of our freehold value once we have formal permission to complete the work and they also want us to pay for the surveyors’ valuation.”

In return, the National Trust said that

“as a condition of giving our consent, we require a monetary payment where our consent, substantially increases the open market value of the covenanted land. This increase is called ‘uplift’.”

The trust stated that its consent

“would add value to the property which you will benefit from when it is sold, in these circumstances it is only equitable that the Trust also benefits from this uplift having given permission for them”.

I really am not sure that that is appropriate or just, and I hope the Minister can look at that issue in particular. I would assume that it is for Government to apply taxes, not the National Trust.

Furthermore, other businesses have found the trust to be similarly unhelpful, despite the significant challenges, to which we have just referred, that businesses have faced this year. For example, the National Trust insisted on charging full rent on a hospitality business during lockdown and refused to negotiate any reduction whatsoever or even to negotiate a payment plan. The business was closed and had to return fees and charges that it had collected. The National Trust’s cold response in October this year was:

“As the restrictions were imposed by the Government, it is not for the National Trust as a landlord to be expected to credit valid rent/lease charges.”

The National Trust is not even prepared to discuss payment plan proposals. Instead, it has issued a final demand and intends to take legal action.

One of the earliest and most troubling examples of the National Trust’s approach to discharging its duties, which takes me right back to soon after I first became an MP, was the case of Levant mine. If anyone has the opportunity to go and see it, it is an amazing, historical, vitally important former tin mine, right at the far western end of my constituency. The National Trust’s approach in the case of Levant mine was to run roughshod over planning laws, local concerns and sensitivities in order to maximise income for the trust and in the name of health and safety.

The difficulty was that, as someone who learned some important skills about preservation and heritage while working on National Trust sites as an apprentice, I could see on visiting the site that the work carried out at Levant fell well short of anything that would previously have been accepted. The sad twist of this particular episode is that Levant mine saw the loss of 31 miners last century and many people, including descendants of those lost, hold a special place for Levant mine in their hearts. The National Trust’s approach to Levant mine resulted in many excellent, experienced local volunteers packing it in. Thankfully, much of the work has been rectified, but only after significant local objection, local expertise, which I was very grateful for, enforcement by Cornwall Council and intervention, including by my office.

The trust’s completely avoidable misdemeanours included installing unsightly signage and infrastructure on land that forms part of one of our most important areas of outstanding natural beauty. It sought to impose parking charges on land that does not belong to the trust. It intended to increase the car park in a way that was completely inappropriate, given its location in an AONB. It failed to secure building consent. It parked a coffee van adjacent to the place where the families go to remember the miners who died, and it erected poorly designed safety grilles and barriers of dubious build quality. Even today, I hear concerns about the lack of basic maintenance on this hugely important site.



During my brief time as a MP, I have found that the case load of National Trust-related issues is disproportionate to the many other issues that an MP’s office encounters. I accept that the National Trust has important responsibilities for huge parts of the Cornwall, and it does an important job for us. I have many more examples that I could give, but I will just mention one: Porthleven slipway. The beach is another beautiful place to visit if you are in the area, and it is owned by the National Trust. The only access to the beach is via a slipway that Land Registry records show the National Trust is responsible for. The National Trust does not accept that, and despite advice to rectify Land Registry records, it has decided not to. The slipway is dangerous and unmaintained. To me and many others, this is an abdication of duty by the trust.

As I say, there are plenty of examples, but instead I will turn to the Minister with four clear asks. Important comments have been made in the debate about the value of the National Trust, its service to our beautiful country and the opportunity it provides to attract visitors from overseas and to protect our beautiful natural environment. Given that, will the Minister look at the need to review whether the National Trust is acting in keeping and truly in line with its core principles and charitable aims? Will he consider the need for an ombudsman or similar pathway for people who believe that they have been treated wrongly or poorly by the National Trust to be heard and for the National Trust to be held to account? Will he investigate the practice of the National Trust in imposing charges and levies on landowners and businesses? Will he look at the need for an independent body or mediator to approve any proposed changes to existing covenants by the National Trust? Currently, landowners have no course of action other than to go through a legal route, and the cost of litigation is far too high, so they buckle under the pressure.

I am a fan of the National Trust. I learned important skills—ones that I may well need to fall back on at some stage in my life—by working on National Trust sites. I have huge admiration for the army of National Trust volunteers, who do incredible work across west Cornwall and around the country. I have enjoyed a good relationship with most of the National Trust—possibly not after this evening. I do not believe that the trust is rotten to the core, but there is certainly rot within the organisation. There is a need to review how it operates, to ensure that it can deliver on its primary purpose and charitable aims and continue to provide all the value added that it does to our country.