Heritage Assets

John Penrose Excerpts

Tuesday 7th June 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for Culture, Olympics, Media and Sport (John Penrose)]

Thank you, Mr Hancock, for taking over the Chair from Mr Hollobone in mid-debate. I am looking forward to completing this debate under your chairmanship.

I congratulate the hon. Member for Walthamstow (Stella Creasy) on securing this vitally important debate. Although some hon. Members have been unable to resist making some party political points, there is, none the less, a great degree of cross-party agreement on the importance of heritage and on the generalised approach to it.

The hon. Member for Walthamstow is right to say that heritage amounts to a great deal more than just buildings. I can attest to that as I am the Minister who has just listed, among other things, a zebra crossing in Abbey road. As she said, heritage goes far wider than just structures. It encompasses all sorts of things from pre-historic archaeological sites right the way through to bang up-to-date modern pieces of architecture, which are tomorrow’s heritage.

The hon. Lady is also right to say that heritage is important not just for the undoubted tourism benefits that it brings, but for its own sake. It is about not just place making for those of us who are the current occupants of each community and each built environment, but a local and a national story. One reason why we have a listing system is to ensure that the crucial marks, illustrations or buildings along that national story are preserved for current and future generations. That applies to not just the grand sweep of history—the national story of kings and queens and grand social movements—but local communities.

The hon. Lady was right to say that in any local community there are people who take huge pride in a local building that may be listed at grade II or only listed on a local scheme—if I can call a conservation area that—but which is, none the less, an important piece of that local community’s past. Such a building can make a community feel special, and it explains to people who live there where they came from and why their surroundings are the way that they are. That is an essential part of our understanding of our roots. Britain is not a new country but an old one. We are a modern country, but we have a history and a heritage to be proud of and we lose that at our peril. Let me acknowledge in passing the point made by the hon. Member for Ashfield (Gloria De Piero) that pride in one’s heritage is an essential component of happiness—a nebulous but very important concept that the Prime Minister is currently trying to grapple with.

Incidentally, for future speeches, I will plagiarise heavily without apology the comment of the hon. Member for Walthamstow about the Marks and Spencer approach to heritage. She is absolutely right to say that it is not enough to recognise as historically important a building, structure or an archaeological remain; we need to have an explanation and a narrative. We need to have an exposition of why something is important. It is not enough to say, “This is an important building.” Explaining why it is important is an essential part of the heritage story. She will see her words cropping up in various speeches, but I am sure that she will claim credit for them whenever they do.

The hon. Lady mentioned a couple of points in passing, which I shall try to deal with quickly before moving on to the main meat of her comments. She mentioned that there is a degree of concern in the heritage world about the successor to planning policy statement 5. I have already made some comments about that in public, but perhaps I can repeat them here just for the record.

A couple of amendments to the Localism Bill ensured that we kept the statutory protections for listing and heritage preservation. However, the hon. Lady is right to say that that is only part of the story and that heritage protection requires many of the other points, which were elaborated on in PPS5, to be included in the new revised planning guidelines. We are working closely with the Department for Communities and Local Government to ensure that that happens. In the same way that we have already come good on our promise to maintain the statutory protections, we aim to ensure that they are read across into the new forms of planning guidance, too. The draft has not yet been published, but no doubt there will be plenty of comment from the many experts in the heritage world when it is.

We are trying to ensure that the heritage voice is heard while the draft is being compiled, and there is a great deal more to do to ensure that the details are done properly. I want to reassure both the hon. Lady and those in the wider heritage world that that is an ongoing process and that we are taking it very seriously indeed. It is also true to say that there is a great deal of admiration and affection for PPS5. It sounds rather strange to say that people like planning guidelines, but those are probably the only ones that people like. The heritage world feels that PPS5 contains some important protections and wants them preserved for the future.

[Stella Creasy]

Does the Minister see any reason why the intentions behind PPS5 in their entirety might not continue? There is talk today that an application might come forward for the Walthamstow dog track. The local community would welcome confirmation that, as far as the Minister is concerned, regulations in PPS5 about taking into account any alternative viable option for a heritage site will be relevant to that decision.

[John Penrose]

I need to tread a careful line here to avoid prejudging the ongoing process to produce the new guidance. There are important things that the new guidance will do to make the whole panoply of different planning guidelines—not just the ones for heritage—become shorter, simpler and generally less burdensome. Within that context, we absolutely want to make sure that the principles behind PPS5 are maintained and truly and faithfully carried across. I do not want to comment on the detailed wording. As in all such things, the devil can be in the detail. I hope that I have given the hon. Lady a direction of travel and a statement of principle that will be helpful to her at this point.

The hon. Lady also mentioned some points about the Heritage Protection Bill, which, as I understand it, the previous Government spent a great deal of time working on. Certainly, officials in my Department spent a great deal of time working on it. None the less, the poor thing led a rather peripatetic existence, wandering around different parts of Whitehall desperately trying to find a slot in the legislative timetable. As it did not manage to find one before the end of the previous Government, it fell without ever being debated in the House. There were some rather useful technical points in it which we shall try to take through. We are currently discussing them with the Ministry of Justice to see whether they might fit into the Repeals Bill that is coming up. Many of them are entirely technical but worthy and sensible, too.

I am thinking of ideas such as trying to make sure that if we amended the Planning (Listed Buildings and Conservation Areas) Act 1990 to try to ensure that listings apply not just willy-nilly to the entire curtilage of a listed structure but to the bits that are genuinely important and listable. Such a proposal will provide greater clarity to the current owners and potential future developers about which parts of a site could be important. Another of my favourite Acts is the Public Statues (Metropolis) Act 1854, which apparently requires the Secretary of State to assent to the erection of statues in public places in London rather than that being done through the planning appeals system. I am not quite sure of the reason for that, but all such things are sensible and worthy.

However, nothing is certain yet because we cannot find a slot in the current legislative timetable. As we are focused on dealing with the Localism Bill and all the other factors related to the deficit, we will not be able to get a heritage protection Bill on to the statute book in the short term, but we may be able to do one or two of those things if we can find other slots. We are working on that, but I can make no promises at this stage.

I think that the meat of the hon. Lady’s comments were about the heritage at-risk regulations and processes are whether or not they are currently up to the task that has been set for them. It is worth pointing out that the heritage at-risk register, which has now been in existence for more than a decade, has had quite a lot of success. Various speakers in the debate have quoted figures about the number of heritage assets that are on that register and about how many of them have gone through the register. I think that it is true to say that a very large number of the sites that are fairly difficult but not impossible to deal with have now been dealt with. A quite large proportion of sites have come on to the register and come off it again after three, four or five years; I think that the average length of time that such sites are on the register is about five years. They come off the register because they have been dealt with and a solution has been found for them.

The hon. Member for Stoke-on-Trent Central (Tristram Hunt) put it nicely when he said that we need a sensible commercial model for an at-risk heritage site for that site to work. There is no point in simply transferring ownership of the site or making a temporary fix. If we do not come up with a sustainable solution, within 18 months, two years or a similar period, the site will start to deteriorate again and pretty soon we will be back where we started. I think that it was the hon. Member for Walthamstow who quoted William Morris, who said that we need

“living art and living history”.

It is vital that we all make that point as strongly as we possibly can.

What has happened is that a large number of sites have come on to the heritage at-risk register, sustainable solutions have been found for them and then they have come off the register after four or five years. However, we also have a hard core of sites that are much harder to deal with, which have been on the at-risk register pretty much since it was started. Many of them have been on the register for well over 10 years, and either they are very difficult to find an economically sustainable solution for or they will always be at risk for other reasons—for example, they are coastal sites suffering from erosion. Forces of nature, such as coastal erosion, may be harder to deal with than economic difficulties, which may be solved by changing a site’s use. I think that the hon. Member for Walthamstow also talked about sites that have been on the at-risk register for a long time.

I completely agree with the hon. Lady that we have a series of powers that are being used spottily at the moment. She quoted some figures on how few times various powers have been used either by English Heritage or by my own Department, the Department for Culture, Media and Sport. As she rightly pointed out, that number is in the single figures. However, I should point out for the record that that is only part of the story; indeed, I think that she implicitly acknowledged that herself. There are many other occasions when such powers are used around the country, particularly by local authorities.

It is noticeable, however, that when we examine the figures for local authorities we find that some are much more comfortable with applying such powers—urgent works notices, compulsory purchase orders or whatever they may be—while others are much less comfortable and much less confident about using them and use them only rarely, if ever. As I say, there is a wide variety of practice by local authorities in the heritage sector. It is clear that some local authorities are comfortable about their ability to use such powers effectively to advance the cause of at-risk heritage assets and sites within their area, whereas other local authorities are a great deal more cautious or nervous about using them and are much more worried about the cost and other implications of doing so. Given that some local authorities are using such powers frequently while others are not, perhaps we can start to consider the reasons why the powers are not being used effectively in some cases and try to understand the issues involved.

I am happy to confirm to the hon. Lady that we are already addressing that issue and are trying to understand the reasons for that difference in the use of the powers by local authorities. Inevitably, given the huge variety of different heritage sites—all of which face an individual and entirely specific set of issues—and of political situations in local authorities, there is an extremely complicated patchwork. Therefore, finding answers that will raise the worst-performing authorities even to the standard of the average-performing authorities is not a trivial exercise. It is not easy to find answers that will work across that very complicated patchwork, but we are already looking at that issue.

I think that the hon. Lady and I have already made the important point to each other—in earlier private conversations about the local heritage sites in her constituency that she has mentioned today—that it is important to start looking at having a rather more nuanced and finer gradation of stepping stones or escalation of powers. At the moment, particularly in those local authorities where the use of a compulsory purchase order or an urgent works notice is viewed as a bit of a nuclear button—that is, as a last resort—there is nothing in between using those powers and having a nice chat over a cup of coffee with the owner of a site who is not necessarily doing what needs to be done with the site. Perhaps we need to consider whether there should be a collection of both carrots and sticks that can be used between those two extremes. At the moment, such powers do not exist. We do not have them at present, but we are considering whether it is possible to develop them.

Even if we can develop such powers, however, we would need to use them extremely carefully. If we just go for carrots—that is, incentives—for owners to plough more money into a heritage at-risk asset and that asset gets to a certain state of disrepair, we run the very real risk of creating a very sizeable moral hazard. We do not want to create a situation whereby the entire system is set up to encourage people to allow the assets that they own to fall into disrepair, until they reach a certain stage of advanced disrepair whereupon the state will come galloping to the rescue with a large wodge of public cash. Clearly, that would be an extremely perverse incentive, and it is not one that we want. However, we may want to have some incentives that are matched up with additional powers to push or prod owners who are not doing the right thing. At the same time, we must be very careful to ensure that we match those powers to avoid creating the type of perverse incentive that I have just described.

I must add a note of caution to my responses to the hon. Member for Walthamstow. When an owner of a heritage site wants to do something with it—say, x—and there is a community that wants to do something else with it—say, y—and those two things do not match and there is no overlap between them, it is very easy to end up with a degree of deadlock through the planning system. From what the hon. Lady has said this morning, it sounds as though that has happened in at least one if not both of the two heritage cases in her constituency that she referred to. However tempting it may appear, it would be a mistake to try to cast the heritage industry and the heritage world as some kind of deus ex machina that will turn up and solve such problems for the good of all concerned, by coming down either on the side of the owner or that of the community. It is not possible—indeed, it is not even desirable—for the heritage world to try to act as the court of appeal between those two parties, because coming to a conclusion that both the owner and the community can live with must be achieved by dialogue through the normal democratic process. That is what the planning system is set up to do.

The hon. Lady rightly said at the start of her remarks that this debate today is not about planning policy. The heritage world must ensure that planning policy is applied where necessary in a heritage-sensitive and heritage-sympathetic way. However, the heritage world cannot fix a fundamental democratic disagreement; such a disagreement must be dealt with through the mechanisms of the planning system. Even if we can come up with new and better powers and incentives, we would breach that principle at our peril.

A conclusion may be reached about the best use for a heritage asset, and that use might be the same type of use that the asset was originally designed for. The hon. Lady gave the example of a cinema, and a cinema might be brought back into use as a cinema. However, the heritage world is not too precious about whether or not a cinema has to be brought back into use as a cinema, for the very reason that the hon. Member for Stoke-on-Trent Central gave earlier: it is more important to have a viable, sustainable and ongoing commercial use for a building than that it should go back to its previous use. It is far better for that heritage asset to have a future that is workable, even if it is being used for another purpose than the one that it was originally designed for, than that it should have no commercial future at all.

Let me give an example. The hon. Member for Walthamstow referred to some of the excellent work that is happening in the area around King’s Cross. If one walks north of King’s Cross, it is possible to see a building that I believe is called the university of the creative arts in London. It is a wonderful combination of modern architecture and a couple of old train sheds that are being turned into a wonderful university campus. That building is an outstanding example of blending the old and the new—it is an absolutely gorgeous combination of the two—and it is something that I think the country will be hugely proud of. If I can venture an opinion, it will definitely be a piece of heritage of the future as well as a piece of heritage of the past, and it is being created right now. That, however, would be completely impossible if we were too precious and insisted that a railway shed had to be used as a railway shed. I do not think that anyone here would argue that re-purposing the sheds and giving them a new use is a bad thing. I accept that it is entirely reasonable and sensible for there to be a local democratic debate between residents and the owner of a site about whether it carries on as a cinema, for example, or is used for something else, but from a heritage point of view that is not part of the solution. The heritage solution is to achieve a sustainable answer that ensures that the fabric of the building and, if necessary, its cultural resonance—let us not forget that its use will have created cultural ripples in the local area—is preserved.

I am afraid, therefore, that I am going to slightly disappoint the hon. Lady by saying that it would be a mistake for heritage to intervene and say, “This is an unacceptable use”—within very wide boundaries. Heritage needs to say, “This is a sustainable use, which will preserve the heritage character and fabric of the building, and any further conversation about the suitability of the use has to be expressed through the local planning mechanism rather than through the heritage world.”

[Stella Creasy]

In the Walthamstow examples, there is a viable, commercially backed and community backed alternative for both buildings. The current planning process allows that to be taken into consideration, and the Minister has just very kindly confirmed that such an alternative should be taken into account if a plan comes forward for the dog track. What we do not see in heritage is a parallel ability to say that, if there is a viable alternative that is in keeping with the heritage listed status, we can make progress, and I want to press the Minister a little more on that. I understand his concern not to see a deus ex machina approach to heritage policy, but what confidence can communities such as mine have that he will not stand by and say that the heritage and sustainability aspects cannot be taken in account and that when owners sit on assets and do nothing, as they have in Walthamstow, we will not be left waiting, hoping that a planning application—as the only mechanism for expressing our heritage concerns—will come forward?

[John Penrose]

I understand the hon. Lady’s concerns, and I refer her to my earlier comments about the need for some interim and escalation powers. From the list of cases that have gone through and have come off the heritage at risk register, we know that we have conversations, discussions and expert advice at one end of the spectrum of existing powers and the nuclear button—as we discussed earlier—at the other. We need some interim steps, which we just do not have at the moment. The letter that I wrote to the hon. Lady a couple of weeks ago, which I think arrived just in time for her planning meeting, made the point that there is no opportunity to use or impose the current legal powers from the centre here in Whitehall, but if we came up with some interim steps—stepping stones—we could use some of them for an equivalent future case. A far better solution to the kind of problem that the hon. Lady is laying out would be to create those kinds of powers, with the right mix of carrots and sticks to ensure that we did not create perverse incentives.

The hon. Lady mentioned that there is a solution on the table that has the approval of many local people and an alternative investor waiting in the wings, but the missing third party is the existing owners, who either need to be convinced that the solution is in their interests or, with some interim or other stepping-stone powers, be given some opportunities and incentives. As I think the hon. Lady mentioned in her initial remarks, that is an aspect in which such policy crucially needs to develop, and I hope that we can do so on a cross-party basis. Putting aside some of the comments about whether individual quangos have done well, I hope that the broader collection of approaches that we will be able to take on heritage will have cross-party approval. Incidentally, and for the record, the overall funding for heritage as a whole is going down by only 2%, even though funding for individual heritage quangos is decreasing by a substantially larger amount. If we can get to that position, perhaps Mr Norman Roach will be able to stop being the only repository of knowledge, understanding and memory in Walthamstow about one or two of the local heritage assets and instead be part of a much wider and better elucidated and enunciated set of heritage assets and experience there.

[Stella Creasy]

I just hope that I can encourage the Minister to commit to coming to Walthamstow, to see the two sites and talk both to members of the local community and to the investors that we have for both sites, so that he can understand some of the challenges that we need to embrace in heritage policy. I would be very happy to show him the range of heritage that we have in Walthamstow. Perhaps he could even meet Norman, to understand how the examples in Walthamstow reflect the wider problems with heritage policy. I hope that the Minister will make at least that commitment, so that we can show him the work that we are doing in Walthamstow to try to make heritage not just preservation but experience and enjoyment.

--- Later in debate ---

[Mr Mike Hancock (in the Chair)]

I am sure that you will find that invitation hard to resist, Minister.

[John Penrose]

I have had an invitation to Stoke and now to Walthamstow. I think that I did go to Walthamstow dogs before it closed. I am afraid that I will, as the saying goes, have to look at my diary, but I appreciate both invitations and hope that we can advance this policy.

There should be agreement on both sides of the House on this, but we have to tread very carefully because the devil will be in the detail and we must make certain that, while enhancing opportunity for communities to ensure that their heritage is looked after, we do not traduce or ignore the very real and legitimate rights of owners.

[Mr Mike Hancock (in the Chair)]

It would be inappropriate for me to suggest that, while the Minister is in travelling mood, he select Portsmouth as a possible location, but we would welcome the opportunity to meet him there.