Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateLord Cameron of Dillington
Main Page: Lord Cameron of Dillington (Crossbench - Life peer)Department Debates - View all Lord Cameron of Dillington's debates with the Ministry of Housing, Communities and Local Government
(5 months ago)
Lords ChamberMy Lords, first, I declare my involvement in a family farming and land management business. Secondly, I record my thanks to the Bill team for their courtesy in coming together to answer my series of very naive questions.
I believe this Bill is essential to get our country moving again and I support what it is trying to achieve. Coming from the south-west, my favourite eternally delayed project is the road vital for bringing our tourists in and taking our manufactured goods out—namely, the A303 and its dualling. The first time I saw a planning application for the Stonehenge bypass, which is the key to unlocking it all, was in 1985—40 years ago. It still has not been built and hour-long traffic jams still happen there. That is not good.
However, the issue that desperately needs dealing with is housing. We have a major housing crisis in rural England, far worse than in the towns. We lack affordable homes, not executive houses—note the use of “homes” and “houses”. As I have said in this House many times, council houses or their equivalent would be good—affordable homes to rent in proper interactive communities, built to standards we can all be proud of. I hope this Bill will enable that to happen. Building standards need to be checked, perhaps by the development corporations that the noble Lord, Lord Best, and I are both very keen on. We also need to amend the right to buy, which I hope is just around the corner.
I am all in favour of councils charging their own ring-fenced planning fees, providing that gives speed and certainty to applications. I am in favour of delegated planning decisions, training for planning committees, limiting the use of judicial reviews, encouraging faster access to electricity supplies and so on. The Government’s biggest problem is going to be the availability of skills. Where are they going to find the hundreds of new planners needed, the thousands of new builders, plumbers and electricians, and, above all, the hundreds of new skilled ecologists that Natural England and others will need to make this Bill work successfully?
As I understand it, EDPs are only about protected sites and protected species, and developers’ current obligations to promote BNG—biodiversity net gain—will continue to run in parallel. There will be huge competition for the small supply of ecologists between developers, local authorities and Natural England. I am not sure there is the capacity out there.
Part 3 of the Bill is its biggest weakness. I hope that the promised Pennycook amendments to satisfy the OEP will be announced soon. The biggest shortfall is the lack of a mitigation hierarchy. The Bill also needs to provide for subsequent management of the land involved in an EDP. It is all very well having achieved overall improvement by 10 years, but what is to prevent that overall improvement disappearing on the land in question in future years?
In Part 4, I am pleased to see that heat networks are included in the list of necessary infrastructure—something I have promoted in this House for some time, particularly where geothermal heat is involved. I am not keen on Natural England having compulsory purchase powers. It is better and cheaper if it contracts with landowners to get the land management it wants, but I suppose, if you are trying to assemble land or a land management programme, it is probably best if, as President Roosevelt said, you talk softly but carry a big stick. I hope that the powers will not be used too often.
There is an issue with compulsory purchase generally that needs fixing—namely, the way that an acquiring authority, or more often a private sector company acting in their name, when implementing a CPO seem to think they can ride roughshod over the normal rules governing the conveyance of property. With CPO powers in their armoury, they seem to turn into badly behaved bully boys. There are stories of people whose land and businesses have been confiscated and two years later they are still waiting for payment. That is outrageous. I will propose the introduction of an enforceable code of practice to ensure that the confiscation of property by the state, which can be devastating for an individual or a business, is accomplished in as fair and civilised a manner as possible.
Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateLord Cameron of Dillington
Main Page: Lord Cameron of Dillington (Crossbench - Life peer)Department Debates - View all Lord Cameron of Dillington's debates with the Ministry of Housing, Communities and Local Government
(2 months, 3 weeks ago)
Lords ChamberMy Lords, I have to notify the Committee that if Amendments 103ZZA and 103ZZB are agreed to, I cannot call Amendment 103ZA by reasons of pre-emption.
My Lords, I will speak to my Amendment 104, but, first, I must declare my interests, as this is the first time I have spoken formally in Committee on this Bill. I am still a farmer and land manager, or at least my family is; I now farm and manage land from the perspective of a retired farmer.
Amendment 104 is very much a probing amendment. I approve of the proposed delegation of planning decisions to a sub-committee or to officers of a local authority. This will give a degree of reliability and constancy in the decision-making process, possibly even a degree of speed, which in the planning system as we currently know it would be in most welcome. The proposed training of planning committees in this context is also welcome. It will, I hope, avoid decision-makers succumbing to parochial interests or, worse still, the views of their immediate social circle, whom they might not want to upset, which I have come across.
Therefore, I was surprised to find national park authorities excluded from these sensible improvements. In my experience, national park authorities are no exception to some of the parochialism and resistance to change that occur elsewhere. If anything, the resistance is greater. Some national park authorities do not have a planning committee, and all planning decisions come before the whole authority, with the inevitable resultant delays and, worse still, greater opportunity for parochial subjectivism.
I would trust trained national park officers to be able to take certain planning decisions in line with both national and locally set policies. Above all, those chief officers have the necessary vision that perceives the national park as being there to benefit both the lives of those who live and work in the park and those of people who visit it. I have always seen national parks as being like a branding that needs an overall vision, which includes everything from transport facilities to better landscape management et al, in order to enhance the lives of the many both inside and outside the park. Without that overall vision, which I believe not everyone who sits on a national park authority committee necessarily has, those national parks will fail to maximise their potential. I just wondered why our national landscapes were excluded from this section of the Bill.
My Lords, I intend to speak to Amendment 103ZA in my name and to Amendment 104 tabled by the noble Lord, Lord Cameron of Dillington, who has just spoken. While I intend to reserve my comments more broadly on Clause 51 until group 4, where we will debate whether it stands part, I am astonished that we are in the situation where national park authorities are in effect the only kind of local government that this would not apply to. I say that because no one is directly elected on to a national park authority.
Some of the board members may indeed be elected councillors but, by and large, they are appointed as a proportion and the majority are appointed by the Secretary of State and central government. A great irony of this wider debate is that we are most likely removing ways for locally elected councillors to make determinations, but where the Government have already appointed people, they can carry on. It seems an odd thing in this whole set-up.
I have tabled Amendment 103ZA—as I say, I will get on to the merits of the clause in the next group—because I am concerned that with the pressure of the increasing housing targets that have been imposed on local councils, the pressure about aspects of five-year supply, it will be too easy for officers to simply say they have to go beyond the plan that has already been agreed. As has been set out regularly by Ministers in this debate, the local plan is agreed by local people. It is not really, but at least there is an opportunity for the public to contribute towards that determination and it is then decided and voted on by locally elected councillors, who are therefore accountable to their constituents.
The issue of going beyond the boundary of the local plan is important. I see this happen quite a lot in parts of rural areas where developers take a bit of a chance on trying to keep extending the boundary, including by making housing go beyond the local plan boundary and then trying to say that for economic reasons this should all be approved, even though it has already been through a process. I am concerned about that, and I think officers would be less hesitant to simply brush it aside.
The other issue I am very concerned about is housing density, and I have put my name to an amendment attached to Clause 52 tabled by the noble Baroness, Lady Jones of Moulsecoomb, which will be debated later on in the Bill. One example is part of a town called Felixstowe, in Suffolk, where the previous councils had agreed a pretty ambitious local plan building on greenfield to expand the town in what they perceived to be a controlled way but still making sure that the town was going to be vibrant and sustainable. Within that, they specified a particular housing density for the building of some 2,000 houses. That was to constrain it within the envelope of what was deemed to be land suitable for development. It was about 150 houses per whatever the geographic dimension was to reach 2,000. An application was made for outline planning permission. Developers had indicated that of course they would stick within this housing density, but the officers in their analysis presented to councillors considering the outline planning application anticipated the housing density would really be only about 50 if they took into account the extra bits such as access to nature, sustainable drainage and all the different things. So, there we go—and, by the way, I am pretty sure the officers recommended that they accept that outline planning application, knowing full well that they would not get anywhere near the 2,000 houses that had been allocated to the fields on the outside of Felixstowe.
The consequence of that would be that considerably more land would be needed to build the other houses that were due to be built in that part of the district. My concern is that by not being very specific about housing density—and we will come on to this later—we will end up with a lot more sprawl and issues connected with not having gaps between villages and towns.
The reason I have tabled this amendment is to make sure that, if these regulation-making powers do go through to the Secretary of State, for determinations of planning applications such as that, it really must be down to the elected councillors to be able to determine it—in effect, to go against their own plan that they, or their predecessors, had already voted on to approve. We are already aware of how many decisions are delegated to officers in a routine way that is right, but on these things, where the application is contrary to what had already been agreed in the overall strategic purpose, that must be done by elected councillors, who will be accountable to the wider electorate.
Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateLord Cameron of Dillington
Main Page: Lord Cameron of Dillington (Crossbench - Life peer)Department Debates - View all Lord Cameron of Dillington's debates with the Ministry of Housing, Communities and Local Government
(1 month ago)
Lords ChamberMy Lords, in supporting these amendments, I must first declare my family farming and land-owning interests for the purposes of Report on this Bill. I should say in this context that we have both food production and some land—less good land, I may say—with a solar array on it.
Normally, in the past, I have stood up and said on these land use decisions that we should wait until we get the land use framework, which we are told is imminent, any minute now. But I have had a conversion. First, I am not quite sure to what extent conformity with the land use framework is going to be mandatory for local planning authorities or indeed for Secretaries of State. Having been chairman of the Land Use in England Committee, I have had a glimpse of what the Government’s response to the consultation is likely to be. I am not disclosing any secrets here but they seem to be saying that, when it comes to solar arrays, merely—I underline that word—that lower-quality agricultural land is preferable to higher-quality agricultural land. That is seriously not good enough. We should take this opportunity to ensure that our best food-producing farmland is legally protected for the long term.
I firmly believe that good food production should be sacrosanct. Whatever the land use framework comes up with, now or in any future iterations—there no doubt that it is going to change as demands change over the decades—there is no doubt in my mind that the long-term defence of our realm depends crucially on our ability to feed ourselves, more so than on the number of regiments we have, frankly. Indeed, so does the peace of our realm. I think it was over 10 years ago that I first mentioned in this House that we are only ever nine meals away from total anarchy. At the time, I had to explain exactly what I meant by that phrase; nowadays, I think people take it as read and know exactly what I mean by that phrase.
Whatever the passing needs of our energy requirements, our best food-producing land should remain constantly sacrosanct, and the flexibility of our land use should never include or usurp our best food-producing land. There is, after all, as the noble Lord, Lord Fuller, said, lots of other land all over the country, often south-sloping hillsides, that is less than optimum for producing our food and which therefore can be used for solar panels.
There is no doubt in my mind that in every local planning authority and every county, maybe every year, there are going to be lots of people trying to produce solar panels. As the noble Lord, Lord Hodgson, just asked, who is going to be monitoring this? We need somebody to monitor what is going on, because every year we are going to be whittling away at our capacity to feed ourselves. I do not believe we should allow that to happen, so I strongly support Amendments 43 and 45.
My Lords, I will speak briefly. I cannot match the eloquence of other speakers, or the length of their speeches for that matter, but I want to support my noble friend Lady Hodgson’s Amendment 45. The reason I want to support it is that I want, as has just been said, some clarification about the Government’s position regarding the use of agricultural land for solar panels—and, I suppose, for battery storage plants, which are equally a concern to an awful lot of the public at present.
In Yorkshire, at the moment, we have a plethora of applications, all speculative, without apparently much resource behind them, and all hoping to get permission from local planning authorities, being just below the 50-megawatt limit that would require them to have more strategic consideration. There are so many of them at present that the planning officers are quite undermined in their work and unable to deal with them—but they will do. The problem we have is that, unless the Government are a little clearer on their view about the use or misuse of very good agricultural land, lots of these matters will proceed much against the wish of agricultural experts, farmers and local rural communities in particular.
I therefore urge the Minister to make it quite clear not just that the Government prefer that we do not utilise grades 1, 2, 3 and 3A agricultural land for solar panels, and that it should be used for agricultural purposes—preferably the production of food—but that this will not be allowed. They should tell planning officials that that is the view of the Government, because otherwise, simply preferring something is absolutely pointless.
The only other point I wish to add is that every single one of these speculative operators that seem to have come on the scene, certainly in Yorkshire and I believe elsewhere, try to placate local communities by saying that this will be only for 40 years—that in 40 years everything will be put back to its present state, or improved for that matter. I do not think I shall be here in 40 years, and I do not think most of the speculative companies will be. Without a proper bond in place, showing that they are worth the resources that they claim they are, this is a totally useless and pointless statement. The Government should point that out at all opportunities.
Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateLord Cameron of Dillington
Main Page: Lord Cameron of Dillington (Crossbench - Life peer)Department Debates - View all Lord Cameron of Dillington's debates with the Ministry of Housing, Communities and Local Government
(3 weeks, 6 days ago)
Lords ChamberMy Lords, I will speak to Amendment 69 in my name. We discussed the viability assessment processes in Committee, and Amendment 69 is essentially about encouraging early consultation with the development community. I should at this point, since it is relevant, say that I have a registered interest as chair of the Cambridgeshire and Oxfordshire development forums, but I emphasise again that the comments I make on the Bill are entirely my own views, rather than any developer’s.
Amendment 69 is really about the sequencing. In making an environmental delivery plan, there is a process of establishing not only the impacts to be mitigated, but the charging schedule. It is really important that, at that stage in making an EDP, the development community is included. Otherwise, it will be very difficult to ensure that it takes up the levy, which we will want it to do wherever possible, or indeed that the charging schedules are correctly structured in order to encourage that to happen, and to deliver effectively the objectives of the EDP.
As far as I can see, there are regulations in Clause 67; there is guidance in Clause 75, and the regulations in Clause 67 must be adhered to in the setting of a charging schedule under Clause 53. However, Clause 58 sets out a long list of those who should be consulted on a draft environmental development plan. It consists of a minimum of eight different kinds of public authorities, and then refers to many other public authorities. However, the only consultation that is required on a draft EDP is with public authorities. This is not good enough. The development community is going to undertake the development. The development community is going to pay the levy. The development community should be included in the consultation on a draft EDP.
Since our objective is that it is mostly a voluntary choice whether to go down the route of levy payments and an EDP, I am afraid that we run the risk of invalidating many of the objectives we are trying to achieve through the establishment of an EDP. I certainly do not plan to press Amendment 69, but I hope the Minister can reassure me on the use of the consultation on a draft EDP, and on the charging schedules in particular, by way of consultation with the development community.
My Lords, my Amendment 171A to Clause 69 seeks to create an additional methodology open to Natural England when deciding how best to determine charging schedules for contributions to the nature restoration fund—the NRF. Clause 69(5) sets out the methodologies that Natural England can use to determine what a developer would have to pay under a charging schedule towards the nature restoration fund. It has clearly been written by a planner, not by anyone interested in the environment. It provides that charges should be made with reference to the number of units constructed or the floor-space of the development, with reference to the expected values of the development, the planned uses of the building and even the rate of inflation, yet nowhere does it provide for a methodology to be based on the amount of damage being caused to the protected species covered by the EDP to which the charging schedule should actually relate. This makes no sense.
The purpose of Part 3 is essentially to create a mechanism whereby developers can pay financial compensation to the NRF in lieu of the damage their development might be causing to a protected feature or species, yet those features are not even afforded a mention in the long list of possible methods to calculate payments due. A charging schedule that has no correlation to the actual harm caused to a protected species is unlikely to be able to deliver an improved conservation status for that species. Nor is it fair on developers, since those who avoid protected species and cause no harm would still be obliged to make a payment under a charging schedule. My amendment creates the option—and it is no more than that; it adds to the numerous options already available—for the Government to address this weakness and align the payments due under a charging schedule with the protected species and features they are intended to restore. I look forward to the Government’s response.
Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateLord Cameron of Dillington
Main Page: Lord Cameron of Dillington (Crossbench - Life peer)Department Debates - View all Lord Cameron of Dillington's debates with the Ministry of Housing, Communities and Local Government
(3 weeks, 6 days ago)
Lords ChamberMy Lords, I will also speak to Amendment 183B in my name. These are identical amendments to those tabled in Committee, when, as one will find in Hansard at col. 2327 on Wednesday 17 September this year, the Minister gave some encouraging words to me. It was one of the few amendments to which she responded positively, as though she had listened to what we said, and I was extremely grateful to her then. There is no need for me to repeat the arguments I made. She said she wanted to consider both these amendments further. I have not heard from the Minister, which saddens me. I do not blame her; her officials should have picked this up and made certain that I was informed of what the thoughts were before we came to Report, and I think that is discourteous, to say the very least. I hope that the Minister has given this careful consideration and that on reflection she will be able to accept these amendments. I beg to move.
My Lords, I must say, I smiled when the Bill first came out and I saw this clause. It shows an extraordinary lack of understanding of rural life. Someone working for Forestry England, which is probably the statutory undertaker most likely to be affected, will visit his forests probably three or four times in 80 years—it depends how many operations are going on. The guy working for Forestry England who leaves his desk gets 21 days’ notice. But the farmer, who owns his land and has to make every square metre of it count and pay the income that his family depends upon, probably gets back at nine o’clock at night, opens his computer, tries to have a meal and catches up with family life, and he is informed that Natural England is coming on to his land tomorrow. It is oblivious of what the farmer actually intends to do with the land; maybe he has people visiting, because he could be an environmental farmer. He could be ploughing the land, harrowing or harvesting it, and at nine o’clock at night it is far too late to tell anyone or do anything about it.
I do not think Natural England would naturally behave like this, because it has more sense, but it is strange that this clause gives 21 days to the statutory undertaker and 24 hours to the hard-working farmer. Mind you, as it is only notice that you are going to enter, a 10-day period would probably be enough for both, to be honest. These two amendments need to be supported.
My Lords, I speak in support of both amendments in the name of my noble friend Lord Caithness, to which I have added my name. The arguments were made powerfully and comprehensively in Committee and well summarised by the noble Lord, Lord Cameron of Dillington. Farmers, in particular, should be given adequate notice of entry in order to take necessary precautions to manage their liability towards those entering the farm and to manage the biosecurity risks that entrants to the farm pose to their animals. If my noble friend is dissatisfied with the Minister’s response, we would support him in testing the opinion of the House.
Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateLord Cameron of Dillington
Main Page: Lord Cameron of Dillington (Crossbench - Life peer)Department Debates - View all Lord Cameron of Dillington's debates with the Ministry of Housing, Communities and Local Government
(3 weeks, 1 day ago)
Lords ChamberMy Lords, a similar amendment to this was brought forward in Committee and very ably spoken to by the noble Lord, Lord Cromwell. The problem the amendment tries to resolve is the fact that the Government’s powers of compulsory purchase are being used and abused by private operators. The Government quite rightly have statutory powers of compulsory purchase for developing our infrastructure. But in recent years the statutory bodies responsible for building this infrastructure have been delegating, or outsourcing, these powers of compulsory purchase to private operators that are abusing the system for their own private gain. There are numerous examples of the use of bullying tactics and scandalous delays in payment.
In Committee the noble Lord, Lord Cromwell, highlighted some of the appalling aberrations and bully-boy tactics that are currently prevalent in the system, which only seem to be getting worse. I will not repeat the examples he gave, but bad behaviour is not hard to find, involving a range of statutory bodies from highway authorities to water companies, electricity operators and, of course, railway companies—HS2 being a prominent offender.
I will not detain your Lordships with too much detail, but it cannot be right that householders should, for instance, be given three months’ notice to leave their homes and get offered only 90% of the market value, and that they often get paid long after the three months are up. How can they buy an equivalent new home for themselves and their family under those circumstances?
It cannot be right that businesses, farming or otherwise, can be threatened with either temporary or full-time confiscation of their premises without the upfront—I stress that word—full compensation for what they are losing. I may also say that, in the case of HS2, many of the businesses involved in a cancelled section—cancelled over two years ago now—have yet to see either their land back or proper payment for their property. In the private sector you have to pay 100% up front before you can take occupation of a house or land on a farm. All we are asking for is for compulsory purchases to be bound by the normal code of conveyancing practice. You should not be allowed to chuck a family out of their house or off their land without giving them full compensation before you do so. These people have done nothing wrong. They just happen to have found themselves living or working in the wrong place. Furthermore, the dispossessed should have an easy means of recourse if the code of behaviour is abused.
A flagrant HS2 example which I came across recently involves a commercial site in Birmingham where HS2 took over the property of a partnership over seven years ago now. Six months after the purchase, HS2 had paid the partnership only 20% of a conservative value put on its property by its bank. I should point out that banks never overvalue property; they would not survive if they did. Well, some of them did in 2008, and we all know what happened then. A spokesman for that partnership told me:
“Our sense is that HS2’s strategy has been to seek to delay payment for as long as possible. They have used the letter of the law to obfuscate and avoid meaningful interaction with us at all times. At no point has there been a genuine desire to settle this case or even to meet to share information and views. As a result, we are likely to incur thousands of pounds, tens of thousands of pounds, on legal costs, trying to drag them through the courts to force their hand”.
Involving slightly less money, I give your Lordships an example from Wales which came to me just last week. I quote from the lady farmer involved:
“Our farm has been in our family for four generations and includes an eco-campsite by the Colwyn Brook Marshes SSSI, a protected wetland habitat supporting rare species. On 7 July 2025, a Land Agent called to say that Green Gen Cymru (part of Bute Energy) planned to conduct surveys during the weeks of 14 and 28 July—our busiest period. He said they intended ‘to make an example out of somebody’ and would issue a summons and seek costs if access was refused.
On 29 July, Green Gen representatives arrived unannounced at our campsite shop saying surveyors would arrive on 31 July but they could not confirm where or when. I showed them our map and asked them to identify the survey areas—they refused. I explained that we offer our guests open access to our land while ensuring that environmentally sensitive sites were properly protected. Despite this, I was told that legal action would be taken if we attempted to obstruct the surveyors, and that the energy company would seek a warrant and pursue court action if we refused access.
The next day, I was told by email that the surveys had been deferred. I thought this was because they’d had second thoughts, but then we found out it was because they had already been. Hidden wildlife camera footage showed them walking through the Colwyn Brook SSSI in dirty boots and overalls, having entered my land on 29 July. No biosecurity measures were followed. And when I reviewed the CCTV footage, I discovered that the surveyors had also been in the stream below our house—despite assurances that no surveys would be carried out”.
These are the sorts of cowboys that are being let loose with government powers across our country. There are now 300 cases looming against Green GEN Cymru of a similar nature. What we all want—at least, what I want—is for the compulsory purchase system to work as effectively and as speedily as possible. That would be so good for our infrastructure, our economy, our economic growth—everything that this Bill is trying to achieve. But there are too many cowboys involved, using state powers to manipulate the system to their advantage.
The compulsory purchase system is, in the opinion of many, lurching towards a crisis. It is now looked on with suspicion by all involved. The key thing is that if no one trusts it, property owners, householders and farmers will dig their heels in and use every legal means available to delay having to surrender their house, their farm or their business. Thus our new infrastructure and our growth will go out of the window.
In Committee, the Minister mentioned existing government guidance which states how the acquiring authority should behave. As I have already pointed out, these do not behave. It could be because the government guidance is 191 pages long. She also indicated that the Government believe that the necessary rules are already in place and should be clear to all. First, having rules and regulations is not the same as having a code of practice to abide by. Secondly, it is not the same as having a referee to oversee fair play. Football has rules but without a ref it would soon descend into a bloodbath. Sometimes it gets quite close to that, even with a ref. It is precisely what is happening now with our compulsory purchase system. Without anyone to blow a whistle, the bad behaviour will only get worse—and our infrastructure growth will be permanently mired in legal entanglement. We must restore faith in the system.
When, two or three Governments ago, the public and politicians became aware of the bully-boy tactics of the large supermarkets over the small food producers, Parliament, with the strong support of the Labour Party, got all parties together to agree a groceries code and appointed a Groceries Code Adjudicator to oversee fair play. It has been a big success. The very existence of the adjudicator has changed how supermarkets work. This is what we desperately need in the compulsory purchase system—some sort of agreed code and a referee.
I hope the Government have noted that I minutely changed the wording of this amendment from the one that I tabled in Committee. I felt that for the Secretary of State to nominate a body or individual to monitor compliance, rather than to establish a new one, might make it more acceptable. However, if the Government want the compulsory system to work effectively, to speed up our infrastructure, from roads and rail to—especially—housing, this amendment or something like it will be essential. I hope that I get a satisfactory response from the Front Bench on this. If the Government cannot accept my amendment, they might undertake to bring their own forward at Third Reading or, at the very least, to have a meeting to work out some way of resolving the problem that I have outlined. I beg to move.
My Lords, I support this amendment. A code of practice would curb the bad practice that the noble Lord, Lord Cameron of Dillington, has very movingly illustrated to us this evening. It is based on the evidence of lived experience of compulsory purchase as currently enforced by commercial agents. I urge the Government to reflect on its merits as driving a far more humane, more swift and less expensive process than the current guidelines achieve. I hope the Government will not reject it simply because they can.
My Lords, I am grateful to the noble Lord, Lord Cameron, for the amendment. The Government understand the spirit of the amendment; however, we maintain that a statutory code of practice is unnecessary.
First, government guidance, which was updated earlier this year in collaboration with external stakeholders, such as the Countryside Land Association, contains strengthened advice, which acquiring authorities should follow. The updated guidance states that authorities should undertake early engagement with landowners to identify the impacts of their schemes and what measures local authorities can take to mitigate the impacts of their schemes. I say to the noble Lord that where this is not done, the Government are of the view that CPOs are at risk of failing. In addition, we intend to update CPO guidance early next year, and we would welcome the views of stakeholders, such as the Countryside Land Association, on where the advice could go further on promoting best practices for acquiring authorities to follow.
Secondly, when decisions are taken on CPOs, the decision-maker must be sure that the purposes for which the CPO is made justify interfering with the human rights of those with an interest in the land affected. As I mentioned previously, particular consideration should be given to the provisions of Article 1 of the first protocol to the European Convention on Human Rights and, in the case of a dwelling, Article 8 of the convention. In addition, acquiring authorities should consider the public sector equality duty under the Equality Act 2010 when making a CPO and have regard to the needs of meeting the aims of that Act.
Thirdly, the Royal Institution of Chartered Surveyors has published updated professional standards expected of its members involved in the valuation of compulsory purchase compensation. The purpose of the professional standards is to protect claimants and businesses, support high standards in valuation delivery, and future-proof practices in the public interest. The standards lay out the ethical conduct and competence expected for RICS members advising on compulsory purchase matters. The Compulsory Purchase Association has also published, in collaboration with leading CPO practitioners, a land compensation claims protocol.
This Government’s objectives are to make the process more efficient for all parties to a CPO without creating further duplication. The amendment would run counter to these objectives. Therefore, I kindly ask the noble Lord to withdraw it.
My Lords, I thank the Minister for her words, which I have to say were very disappointing. They obviously came from her department, written of course from the perspective of the Whitehall bubble, which in my view always remains somewhat distant from the reality of what is going on out there.
I cannot actually believe that the Minister personally believes that the sort of behaviour I have described should be at best tolerated, or at worst condoned by the Government—by any Government. Nevertheless, in spite of my disappointment and in light of the numbers in the House, I beg leave to withdraw my amendment.