All 5 Lord Framlingham contributions to the Neighbourhood Planning Act 2017

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Tue 17th Jan 2017
Neighbourhood Planning Bill
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2nd reading (Hansard): House of Lords
Mon 6th Feb 2017
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Committee: 3rd sitting (Hansard): House of Lords
Wed 8th Feb 2017
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Committee: 4th sitting (Hansard): House of Lords
Tue 28th Feb 2017
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Report: 2nd sitting (Hansard): House of Lords
Tue 25th Apr 2017
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Ping Pong (Hansard): House of Lords

Neighbourhood Planning Bill Debate

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Department: Wales Office

Neighbourhood Planning Bill

Lord Framlingham Excerpts
2nd reading (Hansard): House of Lords
Tuesday 17th January 2017

(7 years, 4 months ago)

Lords Chamber
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Lord Framlingham Portrait Lord Framlingham (Con)
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My Lords, it is a great pleasure to follow the noble Baroness, Lady Greengross. We hear so much about young people not being able to buy their houses that it is nice to hear about the difficulties of older people from someone who clearly knows so much about it.

The purpose of the Bill is to streamline the planning process and to build more houses, which I am sure we all agree is a good idea. Like the noble Baroness, Lady Young, I think there is a bit more to it than that; when producing neighbourhood plans or development plans of any sort, the protection of ancient woodland should be automatically included in the terms of reference. The value of trees to society is becoming better understood and more obvious every day. Today’s debate is not the occasion to list all over again how much they contribute to our lives, but not to set out how important trees are and how important their protection is in a planning context would be a serious omission. Ancient woodland is irreplaceable—that is self-explanatory. I am not going to rehearse all the good things about ancient woodland because the noble Baroness, Lady Young, has already done so in considerable detail. However, I shall say that ancient woodland and all the flora and fauna that go with it, once lost, is gone for ever, together with all that it brings to our pleasure, our well-being and our heritage.

Because of all that it contributes to our lives, ancient woodland should be seen in planning terms as a valuable asset, not a liability or an obstacle to development. Every planning authority should recognise that and take the necessary steps. They should know precisely where their ancient woodland and other very important trees are, and keep a clear register of them. That would enable them to be identified to developers well in advance of any planning proposals so that they could be avoided or, perhaps, carefully incorporated in any planning scheme. It should be trees with buildings rather than, as so often happens now, trees versus buildings. This would reduce the delay and the problems caused when people end up at loggerheads over these issues.

In all this, the role of the professional arboriculturalist is key. I declare a non-pecuniary interest: for some years I was president of the Arboricultural Association, which does such an excellent job in this field. It maintains a register of consultants and contractors in arboriculture who are able to advise on all the complexities involved in the care of trees and woodland. It is my belief that in planning matters, where trees are concerned, an arboricultural consultant should be the equal in status to an architect or a landscape designer. Sadly, too many planning authorities lack the full-time services of arboricultural officers, which puts them and the trees that they seek to protect at a serious disadvantage.

None of us wants to live in houses without trees, or to be unable to walk in and enjoy our ancient woodland, so it is vital, when we are considering any development plan, that trees in all their forms are given the highest priority. I shall follow with interest the fortunes of the amendment of the noble Baroness, Lady Young.

Neighbourhood Planning Bill Debate

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Department: Wales Office

Neighbourhood Planning Bill

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

(7 years, 3 months ago)

Grand Committee
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Lord Framlingham Portrait Lord Framlingham (Con)
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My Lords, as someone who has lived all his life with trees, I feel that this afternoon’s debate has suddenly taken off. We are talking about buildings and planning, which is interesting but some could think a tad dry from time to time, but trees come into the picture and one wonders why. However, we should be talking about trees and buildings because they should live together. Look at New Palace Yard and the catalpa trees; look at Tate Britain and the plane trees.

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Lord Framlingham Excerpts
Committee: 4th sitting (Hansard): House of Lords
Wednesday 8th February 2017

(7 years, 3 months ago)

Grand Committee
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Lord Swinfen Portrait Lord Swinfen (Con)
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My Lords, briefly, I support the amendment of the noble Lord, Lord Kennedy. A local village pub gives the opportunity for people to go out for a drink, and possibly a meal, and to walk home rather than having to drive. If you go out for a meal and cannot or should not drink because you have to drive home, it can wreck the evening for at least one member of the party. If you walk home then even if someone has had a little too much, they can be helped quite easily. The local pub is a very useful institution. In the 40 years that I have been in my village, three pubs have closed down and we are now left with two. One provides some form of entertainment at least once if not twice a week throughout the year and the other, as well as being a pub, has a very good restaurant and rooms for people to stay in—so they serve different communities. The village had five pubs in the past because it is on the main route for pilgrims coming from the continent to Canterbury Cathedral. Nowadays, they come in on coaches from Dover and do not use their legs, which perhaps might atrophy in due course. For these reasons, I support this amendment.

Lord Framlingham Portrait Lord Framlingham (Con)
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My Lords, I had not intended to speak in this debate but I do so in support of the amendment, mainly because I am very fond of pubs. I am a great pub user and always have been—paying great tribute to Adnams bitter in Suffolk is, I think, in order.

Perhaps it is necessary for us to appreciate just how important the pub is in village life. The local post office is too, but we are talking about pubs. In modern terms, you either get that or you do not, but it is absolutely crucial. In my village of Mellis in Suffolk, we have a pub called the Railway Tavern. Many years ago it broke away from the brewery. That was a problem because it had to buy all its alcohol from it, which affected its profitability. That did not work and it was boarded up for a while. It was then bought, but that landlord did not make it work and it was boarded up again. Then the village got together and, with the present landlord, ran it for two to four weeks to get it going—such was the village feeling about the pub. It is now going well and Frank, the present landlord, does an extremely good job. The pub does everything: it has wi-fi, fish and chips regularly on a Friday night and quizzes. It really is the heart of the village.

Noble Lords have referred to the number of village pubs there used to be. We could all talk about our towns and villages that used to have 20 pubs and now have only one. We have reached the stage where this is very serious. Those who feel strongly about the role of the pub in towns and villages—about how crucial they are to village life—must stand up for them. If this amendment will do anything to make it a little more difficult to transform a pub quickly and commercially into something else, I am all for it. I therefore very much support the amendment.

Lord Bourne of Aberystwyth Portrait The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)
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My Lords, I thank noble Lords who have participated in the debate on Amendments 60 and 61. I also thank those noble Lords who attended the briefing session this morning on the White Paper and I urge others to pick up a copy from the Printed Paper Office. We will put on further sessions on it but as I had undertaken to hold a session before Report, I thought it was important that we did so. I am very grateful to my right honourable friend the Secretary of State and the Minister of State, Gavin Barwell, both of whom were there. As I said, we will have more sessions; in the meantime the consultation on those items we are consulting on is open until 2 May.

I thank the noble Lord, Lord Kennedy, the noble Baroness, Lady Deech, and the noble Lords, Lord Cameron and Lord Shipley, for speaking so eloquently on Amendments 60 and 61. I will concentrate first on what we have done and are doing, then look at the substance of the debate and pick up the points made by noble Lords. I do not think we have had this much interest on anything in the Bill, and certainly not since we debated ancient woodlands. These things are clearly central to our well-being and life in our country.

Noble Lords have raised a number of concerns about the loss of valued community pubs. I would therefore first reassure the Committee that we recognise the role that pubs can, and do, play in local communities. They provide valuable local hubs that strengthen community relationships and encourage wider social interaction, as well as contributing to our wider economy. The nature of the pub has changed massively in our lifetime; they are very different now from 20 or 30 years ago, when I think many were still primarily drinking establishments. Those are very much the exception now. It is now not at all unusual for people to go to a pub for a meal, and come out not having had an alcoholic drink. For a party of four or five, one person will perhaps be nominated as driver and others may just have a glass of wine with a meal. We can all see that it is very different from the way it used to be.

The importance of the pub is recognised in paragraph 70 of the National Planning Policy Framework, which requires local planning authorities:

“To deliver the social, recreational and cultural facilities and services the community needs”.


In doing so, it says that those authorities should,

“plan positively for the provision and use of … community facilities (such as … meeting places, sports venues”,

and “public houses”. Before turning to the detail of the amendments, I take this opportunity to set out the important steps we have already taken to support valued community pubs.

First, alongside Power to Change, an independent charitable trust that supports community businesses across England, we are co-funding the “More than a pub” community pub business support programme. This will provide £3.62 million of grants and loans to enable up to 80 communities to buy their pubs between 2016 and 2018. We also recently announced funding of £50,000 to support the organisation Pub is the Hub’s work on community-focused pub-based services. This will help more pubs diversify to provide essential community services, which would otherwise have been lost. As an example, the Codrington Arms in Gloucestershire recently reinstated the local post office and village shop by utilising an outhouse on the premises of the pub, which is to be applauded.

Communities can also use the powers given to them through the community right to bid to list their local pub as an asset of community value. To date—I think the noble Lord, Lord Shipley, has already given this figure—local communities all over England have listed nearly 4,000 assets, of which 2,000 are pubs, so I would say that this has been successful. Views have differed; I think the noble Lord, Lord Kennedy, indicated that he was not as impressed by that as others have been. We will continue to listen to evidence on the operation of this legislation and examples of good practice. It would be helpful if those noble Lords who said that the process is complicated or costly, which I do not accept although I do not have evidence to counter it, were able to come up with some evidence that it is costly or difficult—or even that communities are unaware of it. I would be interested in that. Separately, we scrapped the beer and alcohol duty escalators and froze beer duty in Budget 2016, having reduced it in each of the three preceding Budgets.

I would like to respond in more detail to the noble Lords’ amendments. Both Amendment 60 and Amendment 61 seek to remove the permitted development rights allowing a pub to change to a restaurant, financial or professional service or shop, or to be demolished. This would be for all pubs and mean that a planning application would be needed in all cases. Noble Lords will, I am sure, be familiar with the important changes that we made on 6 April 2015. These were precisely to remove permitted development rights from pubs which are valued community assets, so that a decision in those cases would be made at local level. From this date, permitted development rights allowing the change of use or demolition of pubs are removed in respect of pubs and other drinking establishments which the community has demonstrated it values by nominating them as an asset of community value.

Permitted development rights therefore do not apply for as long as the pub is nominated or listed as an asset of community value. This means that a planning application is then required, allowing for local consideration and providing an opportunity for the local community to put forward its views to the planning authority. To guide decisions in these cases, it is important that local planning authorities have relevant policies in place in line with the National Planning Policy Framework.

I therefore urge local communities to come forward and nominate their valued community pubs. The community in Charing did this fairly recently and successfully prevented a change of use of its pub. The noble Lord, Lord Tope, referred to an example in his community, too. I say in passing that there is separate protection for historic buildings. If a pub qualifies on that basis, that is in addition to the normal planning requirements. That would apply to quite a lot of village pubs, although I accept that not all pubs would qualify in that way.

If there are local concerns about the prospect of a pub that is not nominated or listed changing use under permitted development rights, the local planning authority can make an Article 4 direction—the noble Lord, Lord Shipley, mentioned the Wandsworth example. A direction can be made in respect of an individual pub or pubs in an area. We consider that this approach provides valuable protection while avoiding blanket regulation, which would add bureaucracy and costs to all pubs.

Although it is not a declarable interest, I should say that in another life, when I was in the National Assembly for Wales, I was the co-chair of the Cross-Party Group on Beer and the Pub. Before someone trails my biography, finds that and says, “You didn’t mention that”, I mention it now. So I speak with a bit of experience of visiting pubs—mostly in Wales, but not exclusively. There are many thriving pubs that are worthy of protection. When you have to queue at the bar to get a drink or order a meal, that cannot be because they are doing badly. There are, on the other hand, pubs—I can think of many, although of course I will not name them—where you walk in and you know straightaway that it is in trouble. The person behind the bar looks indifferent. The pub does not do food; it may do a bag of crisps, but that is about it. I cannot see why we should seek to protect such pubs. They are often in dreary buildings—it is just the feel of the place.

That said, there are many pubs of which you think, “This is an important, integral part of the community”. I have been in community pubs that do a range of things; there may be a citizens advice bureau, a visiting library or the village shop. When you speak to the people who go there in the evening, you find that some did not go until it started to do all these things. Some people past the retirement age who would not have set foot in a pub when they were younger go there and help with the meals, for example. They just generally like the life that is there. That applies to young people, too. I have seen this. The nature of the pub is changing. Some pubs are, as I said, an integral part of the village. I associate myself with what was said about the closure of a village shop, post office or pub. That often excites interest from the community, because these things are community assets. I understand the point that is being made.

Let me turn to some of the comments that have been made. The noble Lord, Lord Cameron, talked about the vital glue that holds a community together— entrepreneurial flair is needed and engendered in some communities, while there are other communities where that is just not happening. The noble Baroness, Lady Deech, talked about the cement for communities; again, I understand the point that is being made. The noble Lord, Lord Tope, correctly said that the protection as a community asset is only for five years. I find it hard to believe that successful community pubs will not know that they have to reapply. They will be aware of that. After you have made the initial application, it will not be difficult to make the reapplication five years on, if that is still appropriate. My noble friend Lord Horam talked about the historic connection of the Conservative Party with the brewing industry. My noble friend Lord Young has asked me to make it absolutely clear, as I do, that he has no connection with the brewing industry—nor do I, in a financial sense. We now have that on the record.

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Lord Framlingham Excerpts
Report: 2nd sitting (Hansard): House of Lords
Tuesday 28th February 2017

(7 years, 3 months ago)

Lords Chamber
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Lord Tope Portrait Lord Tope (LD)
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My Lords, I declare my interest as a vice-president of the Local Government Association. I should perhaps also declare a non-interest: I have never been involved in any way in running a pub but am simply an occasional and perhaps too frequent consumer.

I do not think any of us here are suggesting that all pubs should be preserved in aspic regardless of circumstances. Of course pubs become unviable for all sorts of reasons, such as different social trends or changes in the local neighbourhood. There are all sorts of reasons why a pub genuinely becomes no longer viable. However, there is a big difference between “not viable” and “not as profitable as it could be”. In other words, a building can certainly be used more profitably as something other than a pub; the site on which a pub stands could certainly be developed more profitably than by being retained as a pub. That is the difference, but no one here is suggesting that pubs should be retained regardless of local circumstances.

The noble Lord, Lord Hodgson, referred several times to new, additional legislation. I suppose, since we are considering legislation, it is in a sense new legislation, but actually the effect of what is being proposed is simply that the consideration of any demolition or development of a public house should go through the normal planning process. I am not sure that strictly speaking that is what I would have understood by “new legislation”. What we are saying is that the local community should have its opportunity to give voice to its views on any proposed development of a public house in the normal way through the normal planning permission. The position at the moment is that through permitted development rights the owner or someone else has the right to demolish or develop the pub regardless of the local planning authority or the local community’s views. That is what is objectionable and it is one of the reasons, though not by any means the only one, why so many pubs are disappearing—because there are more profitable uses for the building and/or the site. That is what is causing so much concern.

The noble Lord, Lord Hodgson, is probably right that some local authorities have possibly used the device of assets for community value rather too liberally or generously. Maybe so, but there is a good reason why they are doing that: it is the only way that they can avoid the problems with the permitted development rights. I think “assets of community value” was an excellent measure, introduced as it was by the coalition Government through the Localism Act—“localism”, incidentally, is a word that we do not hear very much these days—but it was put in there for rather different purposes than a blanket position to refer to all pubs in a particular local authority area regardless of circumstances.

All that is really being suggested here is not strictly new legislation but rather that we revert to the situation that used to apply that, if you wish to make appropriate changes to a building—in this case a public house—whether by demolition or redevelopment of the site, you apply to the local planning authority. It goes through the normal planning process; the local community has its opportunity to make representations and the planning applicant has its opportunity to make representations and the elected planning authority makes the decision. That is what is being proposed here—not that all pubs should be preserved regardless of circumstances or, alternatively, that all pub site owners should have the right to develop regardless. I very much support the amendments and I hope that they will be put to the vote. I hope, of course, that that vote will be successful, and I hope then that the Government will consider very seriously what seems to be—we may be about to prove it—a majority view on all sides of this House, which is most certainly the majority view in most if not all communities.

Lord Framlingham Portrait Lord Framlingham (Con)
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I spoke very briefly in Committee in support of this amendment, and I would like to do the same again now. I have no shares in pubs but, like many Members of your Lordships’ House, I have made a considerable investment in a number of pubs over the years and continue to do so.

I understand the points that the noble Lord, Lord Hodgson, makes in an accountancy sense and a clinical sense. Of course, they are true. He talked about people drinking at home, which people are doing more of, as we know—but this is not about people drinking at home; it is about people drinking with other people, in the community, and all that brings to the community. It is not just about drinking anymore. I think of my local pub, which has wi-fi and excellent food—not just fish and chips on Friday, although it does that very well. It has an art gallery behind it and all sorts of things, including pub quizzes, of course. It is a major hub in the community and would be hugely missed.

I am sure that in your Lordships’ House we all have memories of pubs and pubs we currently use. They are a uniquely British institution. We are losing them too fast anyway and surely we should do anything we can to hang on to those that we have. There are good reasons why we might have some difficulties in keeping them open, but they are a uniquely British institution and this amendment is a very sensible one. I hope that the Minister feels minded to accept it.

Lord Shipley Portrait Lord Shipley (LD)
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My Lords, I agree very much with what the noble Lord, Lord Framlingham, has just said. There is a big problem. The facts are these: more than 20 pubs are closing every week, and 2,000 pubs have been listed as assets of community value, but around another 40,000 have not been listed and, currently, have permitted development rights applied to them. As the London Borough of Wandsworth has demonstrated, it is possible for local authorities to use Article 4 directives on pubs, but that is a very complex process—and certainly in this respect far too complex for most areas.

I puzzled over the question of whether, if you have 2,000 pubs listed as assets of community value, there is actually a problem. If 2,000 community organisations can make a proposal for their pub to be listed, the process seems to work fairly well. However, there is another way of looking at that, which is the view that I take, which is that if communities feel that it is necessary to list 2,000 pubs as assets of community value, there is clearly a problem that needs to be solved, because 2,000 is a very large number. Of course, we have now experienced the fact that, despite 2,000 pubs being registered, large numbers have not been listed and have been lost. The solution is simply a minor amendment to the law to end permitted development rights and to require that any proposed change to a pub should secure planning permission. It is a simple remedy.

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Baroness Young of Old Scone Portrait Baroness Young of Old Scone (Lab)
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My Lords, I draw the attention of the House to my chairmanship of the Woodland Trust and my interests as president or vice-president of a range of conservation organisations as recorded in the register of interests.

First I thank the noble Baroness, Lady Parminter, who, in my absence abroad, led on this amendment in Committee. I also thank noble Lords who spoke so eloquently in support of the amendment. It seems to have done the trick—because I also want to thank the Minister and the Government, who have responded since then, in the housing White Paper, to the evidence of increasing damage to ancient woodland and veteran and aged trees with a strong statement of commitment to increasing their protection. All of us in this House, in the other place and among the wider conservation community, and all those who value ancient woodland, are very grateful. The Minister may therefore find it a bit churlish of me to move my amendment again, but let me explain why I am doing so.

I am delighted that the Government have clearly recognised the importance of ancient woodland and the need for better protection, and put forward a proposal for consultation to include ancient woodland in a rather bizarre little list in footnote 9 of the current National Planning Policy Framework. Planners would be encouraged by this footnote to recognise ancient woodlands as being as valuable as the rest of the list, which includes sites of special scientific interest, national parks and green-belt land, meaning that the development which impacts on them should be more definitively restricted. The list is also strengthened in that it is no longer just a set of examples but intended to be a clear list of categories of land where development should be restricted. I absolutely welcome the Government’s intention to improve protection but fear that the actual proposal will not deliver that very welcome intention.

I have two concerns about the footnote list approach. First, the list includes a range of types of protected land, all of which have got very different levels of protection. I can give two examples. Sites of special scientific interest have had strong protection for some time, and indeed the rate of loss or damage to SSSIs has dropped hugely over the last 20 years—from the early 1990s, when 15% of SSSIs were lost or damaged every year, to the position now where only about 0.1% of SSSIs suffer damage each year. But at the other end of the spectrum of this list are local green spaces, which, alas, get challenged by development on a regular basis. It is therefore not clear what level of protection amending this footnote would result in, in practice, for ancient woodland.

My second concern is that each of these categories in the list has its own corresponding policy wording in a specific full paragraph elsewhere in the NPPF, and ancient woodland is no exception. The relevant wording is paragraph 118:

“planning permission should be refused for development …unless the need for, and benefits of, the development in that location clearly outweigh the loss”.

A kind of balancing act is described there. It is absolutely clear that the wording in paragraph 118 is currently failing to deliver sufficient protection for ancient woodland. It seems to imply—and I know that planners interpret it this way—that the protection of ancient woodland is optional if the development has benefits. We know from surveys that that is how planners see it. I believe that paragraph 118 also needs to be addressed if we are really going to secure the clarity of increased protection that I am sure the Government intend in such an admirable way.

My amendment would place protection in equivalent terms on the face of the Bill—though in reality none of us wants that. What we need is one further change in paragraph 118, and I urge the Minister to seriously consider adopting the revised wording that has been suggested previously by several parties who have already considered this matter in some detail, including the Communities and Local Government Select Committee, the All-Party Group on Ancient Woodland and Veteran Trees, and the Woodland Trust. The wording that is being commended by those groups in paragraph 118 would make it clear that:

“Substantial harm to or loss of irreplaceable habitats such as ancient woodland should be wholly exceptional”.


That is an equivalent wording to the level of protection given to heritage buildings.

So I hope that the Minister does not judge me ungrateful. It cannot be often that a new White Paper commitment comes within days of an intervention in the House of Lords. I am sure that it was entirely due to the skilful advocacy of the noble Baroness, Lady Parminter, and the other noble Lords who supported the amendment in Committee, though I have a sneaky feeling that, as a result of the logic of the case and the persuasion by a range of groups and parliamentarians across both Houses, the Minister has actually been cooking up this improved commitment for some time. There was a bit of winking and nodding going on at each of my meetings with Ministers in both Defra and the DCLG.

This further wording would ensure that there was no confusion in the minds of the planning authority or the developers about the Government’s intended protection. That cannot be anything other than a benefit in the drive to deliver houses for people. It would help developers by making it clear that ancient woodland should be avoided, and hence streamline a process that might otherwise get bogged down when the controversial damage of ancient woodland is enthusiastically campaigned against by local communities or conservation bodies.

There is much to play for. Since the NPPF was introduced in March 2012, more than 40 ancient woodlands have suffered loss or damage from development. The Woodland Trust is currently dealing with more than 700 ancient woodlands under threat across the UK, and the number continues to grow. One last tweak to paragraph 118 of the NPPF could deliver a landmark improvement. I hope the Minister, who has been absolutely ace so far in his support, can get that one further change to the NPPF and complete the package. I beg to move.

Lord Framlingham Portrait Lord Framlingham
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My Lords, I support the amendment from the noble Baroness, Lady Young of Old Scone. I think the words “clearly outweigh the loss” are not going to give the same protection that “wholly exceptional” would. For those of us interested in this issue, and that now includes many people, our campaign and indeed our mission is to turn the fine words about and growing understanding of the value of trees and woodlands, particularly ancient woodlands, into action. In this, the lead given by the Government is crucial.

It is a question of priorities. In planning terms, the balance between the built environment and the natural environment is slowly being understood. Trees are not just an adornment to the built environment but play a much more important role in so many ways. In our rush to build more houses, it is important that the role of trees is kept at the top of the agenda. Ancient woodlands are so very valuable and, although planning deliberations can sometimes drag on for years and be extremely complicated, a thoughtless 10 minutes with a JCB can do untold and irreparable damage.

The amendment would give greater clarity to developers, who would be better aware of what they could and could not do. It would fit very well with the idea of every planning authority holding maps and registers of ancient woodlands and important trees, saving everyone time and money as well as protecting the ancient woodlands. The current White Paper is extremely interesting and helpful but the Bill is our current vehicle for these important changes. It is an opportunity not to be missed. If you let one vehicle go, you never quite know when the next one will come along—and what ancient woodlands may be damaged in the meantime.

The Minister has been extremely helpful and constructive in all these debates, but he knows what a significant effect a modest tightening of the law can sometimes have without detriment to the planning process. This is just such an issue, and I hope he will be able to accept the amendment.

Lord Berkeley of Knighton Portrait Lord Berkeley of Knighton (CB)
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My Lords, I am very attracted to the amendment. I agree with everything that I have heard, and I am encouraged. I know the Minister is himself very keen on trees, green spaces and ancient woodland.

It is terribly important, given what the noble Baroness was saying, not to forget how, especially in underprivileged areas, trees and green spaces have been shown in recent research to have a quite astonishing effect on the well-being, the social cohesion, of a society. We really have to treasure these trees. I am pleased to see that we are talking about not just ancient woodland but the odd oak tree that has been there for 300 years and which can be for a community a kind of fulcrum—a meeting point, something which generates huge affection. The fact that sometimes these trees have been, as the noble Lord has just said, bulldozed out because of a slip or because stringent due attention was not paid to them is often a tragedy for a local community.

I note that in proposed new paragraph (c) in Amendment 38A there is the caveat that the development in that location is “wholly exceptional”. The Government and the Minister therefore have a way out in this clause—it is not absolute. Where woodland communities are concerned in their relationship to them, we have to be as strong as possible in protecting ancient woodland, trees and green-space areas.

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Lord Framlingham Portrait Lord Framlingham (Con)
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My Lords, pubs are a vital part of our nation’s life. I am delighted that the Government have decided to take this action, as I am sure are both CAMRA and the British Beer and Pub Association. The Minister has been the essence of competence and courtesy throughout the whole of this debate and I am extremely grateful to him. I trust that in due course glasses will be raised in pubs up and down the land to both the Minister and the Government.

Lord Shipley Portrait Lord Shipley (LD)
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My Lords, first, I thank my noble friend Lord Stunell for his work on the amendments in relation to the National Planning Policy Framework and for his contribution today. We shall see in the months ahead whether the solution proposed by the Minister manages to hold up against any challenge.

As we have heard, as the Bill progressed we had several lengthy debates in this Chamber on pubs and permitted development for alternative uses. I, too, am grateful to the Minister and to the Government for listening so carefully to the views from across this House and for this revised amendment from the other place, which will help greatly with the protection of pubs at risk. It has the advantage of introducing a permitted development right where the proposal is to extend the range of food to be offered while maintaining the pub itself. Beyond that, planning permission will be required before a pub can be demolished or face a change of use. That puts powers into the hands of local people and local planning authorities—here, I remind the House of my vice-presidency of the Local Government Association—and that has to be beneficial.

I pay tribute to all those who have campaigned on this issue, including the Campaign for Real Ale and the British Beer and Pub Association, and to those from all parties—including my colleague in the other place, Greg Mulholland—who have spoken and campaigned in support of it. I am very pleased to commend the Commons amendment.