Neighbourhood Planning Bill

Debate between Lord Kennedy of Southwark and Lord Beith

Committee: 3rd sitting (Hansard): House of Lords
Monday 6th February 2017 Grand Committee

[Lord Beith (LD)]

My Lords, I declare an interest as president of the North of England Civic Trust and of the Historic Chapels Trust. Both organisations restore historic buildings and put them to use in very much the way that the noble Baroness, Lady Andrews, described. I welcome her amendment, because it draws attention to a particular problem: the reluctance of local authorities to use their compulsory purchase powers when listed buildings are in advancing disrepair, which in the end will lead them to a state where it is claimed that they can no longer be put right.

I have experienced that in Northumberland, with a notable building called Surrey House, which was a 17th-century building rebuilt in the 18th century, in which the Earl of Surrey was alleged to have stayed on the eve of the Battle of Flodden. I have not yet seen the evidence for that claim, but it is widely made. I imagine he got a good night’s sleep, because he had a pretty good day the following day—from his point of view. There was an application to demolish the building in 1970, and the whole thing dragged on for year after year. The local authority then was a local authority of 26,000 people, and was very ill-resourced to tackle something like this. I thought the problem might be resolved when we moved to a unitary system, where we had a much larger local authority, but it still felt the same constraint. It might go to the extent of urgent works notices, it would be reluctant to go to the extent of a full repairs notice, and it would be extremely unwilling to go to the extent of compulsory purchase.

The lack of legal expertise and the fear of uncertain court costs that may result act as a very severe deterrent to local authorities to use their powers. The result is that you have a meaningless sanction, where owners know that local authorities are reluctant to take the ultimate sanction against them; they can just play the system. It is appalling that this should happen in the type of case particularly covered by the amendment, where there is a charitable organisation in position, ready even, to guarantee the costs of restoring the property. We should not allow that situation to continue.

More generally, even if the Minister is reluctant to accept the amendment in the terms in which it appears, I hope he will recognise that there is a problem here. We have left the system for dealing with neglected historic buildings without a realistic sanction. The sanction has effectively been destroyed by the reluctance of many authorities to take these difficult steps. I wish they had not been so weak in this respect, although I understand some of the reasons, particularly with very small authorities. Unless we do something about it, we will continue to waste wonderful buildings which should be retained and can be of great service to the community.

[Lord Kennedy of Southwark]

I support the amendment in the name of my noble friend Lady Andrews. She ably outlined why the Government should give a sympathetic response to it. I was pleased to hear the noble Viscount, Lord Trenchard, talk about 549 Lordship Lane. I know the property, referred to as the Concrete House. The council has won an award for its work there: it bought it, did a good restoration and now uses it for shared ownership. I support the amendment. I am conscious of the time and I hope that the Minister will also want to respond quickly.