My Lords, before we start the first group, I remind the House, as I did last week, of important guidance on Report, which will, I hope, help proceedings run smoothly.
First, I note paragraph 4.23 of the Companion, which states:
“Debate must be relevant to the Question before the House”.
While debates on the Bill have been important and no doubt interesting, a number of earlier contributions strayed into wider topics not directly relevant to the amendments in the group being debated. I urge all colleagues to follow this guidance so that we can maintain effective scrutiny, while allowing us to make good progress in good time.
Secondly, I remind noble Lords of the Companion guidance in paragraph 8.82:
“Members … pressing or withdrawing an amendment should normally be brief and need not respond to all the points made during the debate, nor revisit points made when moving”
or pressing an amendment. Speeches appear to be getting longer, and if noble Lords were to follow this guidance closely, we would be able to get on in a more timely manner.
Before the noble Lord sits down, can I clarify that 67 government amendments, I think, came in very late to the Bill? They have therefore not had a Committee stage. I hope he and the Minister will accept that some of those will need Committee, as well as Report, discussions.
84: After Clause 51, insert the following new Clause—
“Gardens Trust to be statutory consultee for planning proposals(1) The Gardens Trust must be considered for planning proposals as a statutory amenity society.(2) All procedures which apply to statutory amenity societies as planning proposal consultees shall apply to the Gardens Trust.(3) Powers conferred to the Secretary of State by the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 may not be exercised to remove the Gardens Trust as a statutory consultee in regard to any planning application.”
My Lords, in rising to move Amendment 84, I ought first to declare my interest. Most unusually, it has been my lot in life to have lived in a listed building, in the midst of a listed park, for all of it. I am also president of Historic Buildings & Places, which used to be known as the Ancient Monuments Society, and a member of the Gardens Trust. Just to give more context to my comments, I am a member of the Bar, a chartered surveyor, and a fellow of the Society of Antiquaries. I point out to Members that, according to many authorities, landscape is probably England’s greatest contribution to 18th-century European culture.
Your Lordships will recall considerable discussion in Committee about the education of planners. This is important because, in addition to what might be described as the core disciplines, there is a huge range of what you could say are very important and perhaps slightly esoteric, more peripheral matters which cannot really be considered part of the core knowledge or syllabus. I am thinking, for example, about listed buildings—we all know there is a crisis in the number of conservation officers in this country—and about manmade planned landscapes, battlefields, theatres, and so on.
The required expertise to deal properly with these things is not widely, easily and quickly available, either necessarily in local authorities or in other public bodies. We know that it is for this reason that a process of consultation with outside expert, specialised and respected organisations is embedded in the system to give access to often specialist, but very relevant, skill and knowledge.
The detailed system for doing this is not identical in each case, but that is not relevant to my argument. For my part, I am especially interested in—among other things in the context of this debate—the work of the Gardens Trust, previously the Garden History Society. Its focus is on manmade planned landscape, which includes public parks, but also the British versions of Versailles and, in a different direction, outstanding domestic gardens. These things can be quite extensive and are a crucial aspect of place, which is now becoming recognised as an important contributor to our general well-being and economic prosperity—something I became very aware of when I was a member of the Northern Powerhouse 11 for six years.
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I hope she can also confirm that the kind of political puff—aspects of which are hugely and vigorously disputed—which has accompanied some of the publicity surrounding the consultation process will not deflect from the proper value placed on the facts and principle-based assessments and inputs of these organisations, which are often provided by those who have retired from serious professional work in this sector and who have a very real knowledge, provided at almost no cost to the public purse at all. They add real expertise to the proper working of a land use and planning policy system in this country.
Finally, I appreciate that my amendment may contain all kinds of drafting and other shortcomings. I am relaxed about any possible criticism of that, but I firmly believe in the underlying argument as part of the core of what the Bill should be about. I very much hope the Minister can confirm this and give comfort to all the volunteers who are making such an important contribution in the wider public interest to the physical future of England and Wales. I beg to move.
My Lords, I will speak specifically to Amendment 84, to which I have added my name, although I support many of the amendments in this group.
We know how important public green spaces are to communities, and for nature, and that there is widespread public support for their protection. That is why, as I understand it, registered parks and gardens, along with battlefields, were given protection in the town and country planning order 2015. I thank the Gardens Trust for its briefings on this, and the Minister and her office for a helpful meeting and correspondence about it.
At the moment, as my noble friend Lord Inglewood has said, registered parks and gardens are not considered statutory heritage assets, which would make them part of the same process as listed buildings. Instead, they have their own process of consultation, with Historic England as the statutory consultee for battlefields and grade 1 and grade 2* parks and gardens, and the Gardens Trust dealing with grade 2 parks and gardens, which is 65% of them. Importantly, three-quarters of registered public parks are grade 2, so the Gardens Trust is tasked with looking after most of our public parks.
The Gardens Trust appears to do this very efficiently. From its statistics, we see that it was consulted 1,842 times last year, and that 99% of the time it responded within the agreed deadline. It voiced an objection to planning in only 6.6% of its responses. Its government grant for fulfilling this consultee role—for giving bespoke responses to planning inquiries, on time and with expertise—was £43,963.
Clearly, there is no way that anyone else within the planning system could deliver this expertise for less money and with any greater time efficiency, and there is no evidence that it is causing a major blockage to housebuilding. Actually, not having heard of the Gardens Trust before this matter arose, I thank the charity for its service to this country and its public parks.
My Lords, I will speak to my Amendment 107 in this group—I appreciate that I am jumping a little down the line.
I tabled the amendment because, at the moment, we are removing consultation from the planning process—or removing as much of it as possible—for the sake of efficiency. Sports fields are the most attractive things for a planner to see: a piece of reasonably flat and well-drained land. What better to put a house on? If we are to lose our sports fields, we will lose an asset that keeps on giving.
I thank both Ministers on the Front Bench for meeting me privately to try to convince me that I did not have much to worry about—but for all their courtesy and time, I have failed to be convinced. As I said, it is just so tempting for local authorities—or for anyone else involved—to say, “Let’s put a house on this sports field”. Some are, of course, owned by councils or schools, and schools can get rid of them as they have more independence now.
Can we protect sports fields? If we do not have somewhere to play a sport, that sport dies or becomes unavailable to a particular group. If some sports clubs own their own pitches, they may not own enough space to have a second or a third team. If you get rid of your second or third team, the first team is under threat and thus the existence of the entire club. It is that simple. There is that much pressure. If they do not get people involved every week, those people will do something else—they will leave—and we will lose this asset.
Community sport is one of the best community builders, because members are involved not just in exercise but in a community of its own that feeds into other communities. Let us remember that people who want to make sure that they can play the game will sit on committees and take on the legal responsibility of being a secretary or a treasurer for these groups. Everybody who has run a political party will know that people are just dying to do these roles all the time—are they not? Everybody really wants to have the legal responsibilities and the bank accounts—do they not? People do this willingly—well, they do it—to make sure they can get out there and play the game. These sports facilities allow that to happen. If we take away the defence of sports fields, which allow such a key activity, we will put that under threat.
My Lords, I will speak to Amendment 88 in my name. I thank the noble Baronesses, Lady Young of Old Scone and Lady Miller of Chilthorne Domer, and the noble Lord, Lord Gascoigne, for their support in adding their names to the amendment.
The amendment very much builds on the amendment just discussed. It simply aims to ensure that spatial development strategies include provision for publicly accessible green and blue spaces for local communities. This would empower planning authorities at the strategic level to make accessible green and blue spaces routine rather than coincidental. Communities currently face a postcode lottery in being able to benefit from access to nature and sports fields. The reasons for access to nature and blue and green spaces in cities are well rehearsed. We know that they provide myriad social, economic and health upsides for people, as well as strengthening urban climate resilience and creating opportunities for wildlife.
In Committee, the Government made it clear that they recognise the importance of blue and green spaces, the benefits they bring and their intent to maximise them in cities, all of which is extremely welcome. However, in all responses in Committee, the Minister concluded that provisions in the National Planning Policy Framework and the yet-to-be-published national development planning policies are sufficient to provide green and blue spaces, therefore making a statutory footing unnecessary. But Peers made the point that it is not just about any green space; it is its accessibility to people that is critical. This is the point that is made in the Government’s own, really quite excellent accessible green space standard, published by Natural England in 2025. In this standard, Natural England—and the Government through it—made the point that it committed to providing access to good-quality blue and green spaces for every citizen within walking distance of their home.
My Lords, I support Amendment 107 in the name of the noble Lord, Lord Addington. I declare that I am chair of Sport Wales and president of the Local Government Association. The noble Lord, Lord Addington, talked about those who volunteer for sports clubs. It is a tough job, but people do it because they know the impact that it has on people’s lives. It is a very sensible amendment.
We have to accept that we are living in an inactivity crisis. The World Health Organization has said that a third of adults worldwide do not reach the necessary levels of physical activity. Slightly closer to home, the Sport England active survey from last year shows, specifically around young people, that while the levels of participation are stable, without significant and sustained action we are going to hit a much bigger physical activity crisis.
Currently, between 5% and 6% of children have difficulty with movement skills, which impacts their ability to engage in physical activity. About 80% of women in this country are not fit enough to be healthy, which should raise a number of red flags. Playing fields are just part of the jigsaw of physical inactivity and how we should try to tackle it. We have to do everything we can to protect what we have. We also have to understand that we are in a cost of living crisis. Some sport participation has got much harder to be involved in. For a lot of people, this is a really cheap and easy solution for them to be active. If the noble Lord decides to take this to a Division, I will support him.
My Lords, I will speak to my Amendment 118. I am slightly at a loss, because I expected the Conservative Front Bench to do a blinding speech on Amendment 96, to which my amendment is more or less similar. Obviously, I think mine is better because I mention biodiversity, reuse and such things, but I suspect that my amendment, which I had hoped to put to a vote, probably would not beat the Conservative Amendment 96. Both amendments are supported by the Better Planning Coalition as an obvious step forward on improving what we have already.
While I am on my feet, I will just say that I refute the concept of a grey belt. A grey belt is green belt that has been left to rot, and we should be recovering that grey belt and making it green belt again. The green belt is absolutely necessary for our health, as other noble Lords have said.
We need to protect the well-being of land, ecosystems, people, towns and villages, and we really have to remember that this is something—including farmland—that we rely on for ourselves. I am hearing from farmers all over the country that they are losing good farming land. Given climate change, we could potentially face some huge challenges in feeding ourselves, and the loss of farmland will be a disaster. I think my Amendment 118 is a great amendment, but I am prepared not to put it to a vote if Amendment 96 is moved.
My Lords, I will speak briefly to my Amendments 95 and 98. I am very grateful to the noble Baroness, Lady Jones of Moulsecoomb, for her support for the protection of good agricultural land. Amendment 95 is a broader application of the principle that was debated and rejected by Government and Liberal Democrat Benches in this House last week. We on these Benches believe that food security is national security and, unlike for this Government, these are not empty words: we intend to put that into practice.
We remain concerned that the principle of protecting the best and most versatile land—grades 1, 2 and 3A—appears to be trampled at will, for not just solar farms under NSIP but other developments. We must do better. This land is responsible for supplying the lowest-cost, highest-quality food produced in our country and is far more productive than weaker grades of land. Building without due consideration on the land that we need to feed us is, frankly, short-sighted.
Amendment 98 asks the Government to report annually on how much of our land is being converted from agriculture to tarmac, steel, photovoltaic panels and concrete, and provides the basis for a more informed national debate on how we treat our productive land. I will not test the will of the House on these amendments. However, I would be most grateful to receive an assurance from the Minister that the Government take this issue as seriously as they should. This was not entirely clear from the response to the debate on solar farms and BMV last week.
I also support of the concept of Amendment 88, tabled by the noble Baroness, Lady Willis. Well-planned development needs to take into consideration access to green and blue open space, but also how this space can contribute to nature connectivity.
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This is a specialist, discrete academic discipline, and the Gardens Trust is at its centre in this country. Many of the places it is concerned with are very fragile. After all, plants die and are easily lost. For example, if any of your Lordships wanted to go to look at Eastbury Park in Dorset—which was one of the great architect Vanbrugh’s most important commissions—they will find that when they get there and look over a farm gate, they will see a green field. It is all gone but it is still the site of it, and all the foundations and everything are there. As Thomas Browne, the 17th-century writer, aptly commented,
“green grass grows where Troy-town stood”.
I should add to what I said about my interest that my home has always been the focus of a listed park for over 300 years. However, due to abandonment and the planting of an epidemic of rhododendrons, supplemented by almost no family records because of disputes and problems with treason, almost all knowledge of everything has been lost. Despite inspections by English Heritage over the years and many other experts visiting the place, the knowledge of the place has more or less completely vanished.
Now, however, its full extent is becoming uncovered again, and it appears to be a large-scale, more or less intact, significant, albeit battered, very rare survival of a complete pre-Capability Brown park from about 1700-10. They are very rare, and it was completely lost. I mention this not to pat myself on the back or to tell noble Lords how perspicacious I may have been, but to make the point that important things do get easily lost and require genuine expertise to be identified and revived.
We all know that the theme of this legislation is growth—goodness knows, we urgently need it—and I support that. As part of this wider process, the Government have issued a consultation on the role of statutory consultees. Unhappily, that consultation appears to have been stained by the triumphalism of a notion of growth at all costs, everywhere, for anything, regardless of everything else—conveniently overlooking that in places such as Cumbria, where I come from, the environment is one of the most important aspects of promoting long-term growth, as I discovered when I chaired the Cumbria Local Enterprise Partnership. If this is destroyed, the goose that lays the golden egg ends up as Christmas dinner. It has happened in many places all round the world, to nobody’s benefit.
The Minister has said on a number of occasions that the value placed on the “non-growth” aspects of the planning system is in no way diminished by the proposed procedural and process changes under way, which seem to be essential and of which, in very general terms, I am a strong supporter. On occasions, though, something else other than growth is more important than growth; otherwise, what is the point of the town and country planning system? The involvement of amenity societies harnesses a great deal of real expertise for more or less no money and takes pressure off some of our overworked and often underresourced public agencies that are having difficulty already in fulfilling their roles. Let us not argue about that point, because it is self-evidently the case now.
The purpose of the amendment is to focus on this general but very real problem in the context of the wider reforms being proposed, specifically in respect of the Gardens Trust, of which I said I am a member, and I know it and support it. I very much hope the Minister can confirm that the importance ascribed to what I might describe—I hope, without any disparagement—as some of the essential fringe disciplines in planning will not be eroded further.
I understand that the Government are considering removing the Gardens Trust’s statutory consultee role—the slightly bespoke role that was created for registered parks, gardens and battlefields. We all, however, appreciate the work that it does, so this amendment aims to protect this service while making the administrative process simpler. It would put registered parks and gardens into the same planning process as other heritage assets, where there is an existing and well-understood statutory consent process, whereby the Gardens Trust would be the amenity society that would be notified if there were planning proposals that might affect registered parks and gardens, or, importantly, their settings.
The noble Lord, Lord Parkinson, has Amendment 109 coming up, which I believe would have a similar effect by commencing Section 102 of the Levelling-up and Regeneration Act 2023, in which this area of planning was already tidied up. That might be an alternative to this amendment. None the less, it would be very helpful if the Minister, in her response to this group, could indicate the Government’s intentions on making best use of the efficient role that the Gardens Trust plays in helping give advice on our much-loved grade 2 parks and gardens and their settings.
Not every sports field will disappear overnight but some will—they will be moved and they will not be replaced. My amendment suggests that, if we go ahead with this, something must be put in its place. That is not too much to ask. I would like to vote on the amendment, unless the Government provide some great revelation, in which case I shall say, “Hallelujah!” and sit down.
In this country, these community activities are largely conducted without much government intervention. Private groups get involved and bring their own time and often money, but they need to be supported to allow these activities to take place. I suggest that my amendment—or at least something like it—would not be too much to ensure that something as important as community, grass-roots sports have their pitches defended, to give them a chance to continue to function as they currently do.
The reality is, however, that without these strong provisions, developers often see the delivery and placement—and it is the placement I really want to emphasise here—of blue and green space as optional, with the voluntary provisions of the green infrastructure framework not leading to consistent delivery of quality spaces in the right places. In fact, Natural England’s own data shows that 87% of the UK population have no accessible local green space within 300 metres of their home.
In many cities, the emerging evidence indicates that the location of new green space provision is occurring, but it is making the inequalities in access to green space worse. Looking at the mapped evidence from the most populated English cities outside London—Birmingham, Leeds and Manchester, for example—over the past four years, between 2020 and 2024, and using the most up-to-date land cover information, it is clear that significantly more areas of blue and green space have been created in rich parts of the cities. Up to 9% more have been created in categories 9 and 10 as measured by the index of multiple deprivation—the wealthiest parts—than in areas of high deprivation, categories 1 and 2. This is making already large inequalities in access to green space in these cities even greater. To put it bluntly, without a strategic steer in legislation, developers and local authorities are prioritising, intentionally or unintentionally, the delivery of green space in wealthier areas.
On such an important issue, we need to understand where the results from the Government’s own green infrastructure mapping database support the evidence and show us that the NPPF is actually working to protect and enhance access to green and blue spaces in the right places. I would therefore appreciate it if the Minister could write to me, having asked her team to query this database to examine the change in doorstep, local and neighbourhood standards for green space over the past five years for the most populated cities in the UK: London, Birmingham, Leeds, Manchester and Liverpool. According to the answer, I will then decide whether to bring this back at Third Reading to test the opinion of the House.
I hope the Government agree that this amendment is pragmatically worded: it continues to allow flexibility for local authorities to do what is best for their area and their communities. This simple amendment would cost the Government nothing, but it would provide a clear mechanism to deliver a commitment for accessible green space, ensuring, not least, that the Government’s own priorities for access to green space can be met.