Levelling-up and Regeneration Bill

Lord Benyon Excerpts

Committee stage
Monday 27th March 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, it has been a very good debate, and there clearly is a lot of support for the amendments in the name of the noble Baroness, Lady Parminter. We also strongly support them.

As has been discussed, the Environment Act created the local nature recovery strategies and introduced the statement of biodiversity priorities for local areas, accompanied by the habitat map, which identifies where people can contribute to enhancing biodiversity. As the noble Lord, Lord Teverson, said, these are not just nice to have; they are essential if we are to not simply reverse the decline but improve the situation. We know that local nature recovery strategies have the potential to really drive forward the recovery that is so badly needed. Importantly, they bring local knowledge and expertise into play. Also, as we have heard, the duty to apply the local nature recovery strategies in decision-making such as planning is too weak and will have a negative impact on their effectiveness.

My noble friend Lady Jones of Whitchurch pointed out that the Government chose not to accept amendments tabled during the passage of the Environment Bill that would have required local authorities to take close account of local nature recovery strategy land identifications when making planning decisions. She also referred to the pledges made by the noble Lord, Lord Goldsmith. Some of us who spent a lot of time considering that Bill had expectations in this area, and I am pleased that the noble Baroness has tabled these amendments so that we can debate those expectations.

The noble Baroness made it clear that the guidance for authorities on the application of the strategies is just not strong enough. As a result, despite groups mapping sites that will be essential to nature recovery in a local area, local authorities will not necessarily have to take proper notice if they do not want to. That is the fundamental problem, and we do not want lots of time and effort on the part of local nature recovery strategy groups and supporting bodies such as Natural England to be wasted, and opportunities then completely missed.

These amendments, tabled by the noble Baroness, Lady Parminter, and supported by many noble Lords, would rightly prevent any wasted effort and enable the local nature recovery strategies to achieve their full potential. Incorporating them into local planning authorities’ development plans is surely an obvious way to go about this. We do not want them to be weak documents, sitting on a shelf somewhere and not informing proper strategic day-to-day planning decisions. We need them to make a real difference, not just a tangible one.

As we have heard, many people think that greater weight should be given in planning to local nature recovery strategies. The Environmental Audit Committee and the Office for Environmental Protection have supported this approach. The noble Baroness, Lady Willis of Summertown, talked about our commitments at COP 26, saying that there is a gap between what we say we will do and what we actually do, and that planning plays a very important role in nature recovery. As the noble Baroness, Lady Parminter, asked, what are our priorities for the future? How will we meet the government targets? Surely, anything that helps deliver the local nature recovery strategies is to be welcomed. The noble Lord, Lord Blencathra, certainly thought this: he made it very clear that he thinks it important that this be included.

I hope that the Minister agrees with those who have spoken today and sees the absolute sense in accepting these amendments.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I start by wishing the noble Baroness, Lady Young of Old Scone, a speedy recovery, and I thank the noble Baronesses, Lady Parminter and Lady Willis, and others, for bringing forward these amendments. There is a lot of unity in this Chamber regarding what we are seeking to achieve here, and I have listened with great interest to the debate.

On the last point made by the noble Baroness, Lady Hayman, this is an attempt to hard-wire nature into our planning system. Many will argue that it already is, but as has been pointed out by many others, nature continues to be depleted. Species decline is now a serious crisis. As the noble Baroness, Lady Pinnock, pointed out, this is not just an environmental crisis but an economic one, as the Dasgupta review so vitally illustrated.

Amendments 184ZA and 242I in the name of the noble Baroness, Lady Parminter, provide a revision of the prior amendment, Amendment 184, to set out the relationship between local nature recovery strategies and development plans, to ensure that local nature recovery strategies’ objectives are reflected in development plans. These amendments would require that the Secretary of State’s guidance on how to have regard to local nature recovery strategies must include information on the degree of compliance with them.

--- Later in debate ---

[Lord Lucas (Con)]

My Lords, I very much hope that my noble friend will reflect. As he started his remarks, I was buoyed with confidence that the Government had taken on board the sheer difficulty of turning what throughout my lifetime has been a process of depleting nature into a process of augmenting nature. It requires difficult internal decisions in all sorts of processes to get this right. Unless we give the process a good deal of strength and power, it will, as the noble Baroness, Lady Jones of Whitchurch, said, just be ignored; there will always be an excuse for letting it go. I urge my noble friend that this may be the time for a little too much force on the tiller, to make sure that we make this change. If we find that we are clogging up the development system, we can perhaps let it go a bit, but we have been headed in the wrong direction for so long that we need to be absolutely sure that we are doing enough to turn the corner.

[Lord Benyon (Con)]

I thank my noble friend for his wise intervention. We have come a very long way. Over a decade ago, the natural environment White Paper created local nature partnerships. Some of those have been incredibly successful but some have not. What we are trying to create here on a statutory basis is something that will see around 50 of these right across the country, with consistency and a determination to draw the threads of the desire to restore nature through the planning system and get good decision-making as a result. I am happy to work with my colleagues and anyone in this House to see whether that can be tweaked but, at this stage, I think we are going a long way towards creating the kind of regulatory and statutory basis that we need to see the proper restoration of nature.

[Lord Scriven (LD)]

I am straying on to the next set of amendments, but the Minister made it very clear that, regarding building up local plans, there needs to be flexibility and that something statutory in the Bill would stop that. However, under Clause 86, if there is a difference between the local plan and national guidance, statutorily, in the Bill, it says that national guidance must be followed—so there is no flexibility. Can he explain that contradiction?

[Lord Benyon (Con)]

As the noble Lord says, he is perhaps straying on to the next group. What we are concerned with here is making sure that we are creating a plan that is agreed locally under very clear guidelines, and that has a proper weight in planning decisions across the country. We will then see an understanding of where the nature-rich areas are, where nature can be improved and what the particular features are in those areas that need restoration, all unpinned with an understanding of what species exist and where they can be increased in abundance. That is what we are trying to achieve here. We all want the same thing. I think we have gone a long way to achieving that and I have listened carefully to what noble Lords have said.

[Lord Scriven (LD)]

It was not a matter of the plans. The Minister has said that, as a matter of principle, the reason to reject the amendment was that flexibility is needed and that statutory provision for the automatic assumption to accept another plan should not be in the Bill. But Clause 86 says exactly that. I am trying to tease out why it is okay for one national plan but it is not okay for these local environment plans. What is the difference, as a matter of principle, if flexibility is required for local plans in every area, as the Minister said?

[Lord Benyon (Con)]

There are over 200 clauses in the Bill, and what good legislation seeks to do is to achieve the right balance between the needs of society—new houses, energy and the rest of it—and the understanding that we have a serious problem. We think we have that degree of flexibility about right here. There may be other parts of the Bill that are more rigid in what they seek to achieve, but I have tried to explain that if flexibility did not exist here, rather timid plans might be created, and we want ambitious plans to be created for these local nature recovery strategies. That is why we think this degree of flexibility is the right way forward.

[Baroness Parminter (LD)]

I thank the Minister for his remarks, and for the fact that he recognised the strength of feeling right around the Committee. As he said, we all want the same thing; we all want to restore nature from its depleted state, and these local nature recovery strategies are a brilliant tool. As my noble friend Lord Teverson acknowledged, on these Benches and others we think this was a good initiative by the Government. The trouble is that it is not going quite far enough. Like the noble Lord, Lord Lucas, and others, I was initially buoyed by the Minister’s comments. In his words, this is about hard-wiring nature into the planning system. It is—that is what we are trying to do. Frankly, it is a once-in-a-generation opportunity to respond to the challenges that nature faces and that the citizens in our country are desperate for us to address.

Guidance alone will not be enough; it will not cut it—we know that. There are enough people in this Chamber who have been or are councillors who know that, when push comes to shove, if there is not some purchase on the planning system—if the local plan is not clear that the local nature recovery strategies are a key evidence base for the local plan—it just will not happen. Nature is not something you can just talk about, and the Government are good at getting plans together on local nature recovery. You can make as many targets as you like but if you do not will the means we will get nowhere.