National Planning Policy Framework

Baroness Young of Old Scone Excerpts

Tuesday 6th March 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, without going into that issue in too much detail—not because I do not want to but because I know my noble friend has a specific Question on tourist activity tomorrow—it is possible to overstate the significance of tourist activity in encroaching on housing. If my noble friend will forgive me, I think she sometimes does that. There is an issue with compliance with the law, which is quite separate, but I have not seen evidence of such effects from tourist activity. We encourage people to take advantage of the sharing economy so that families are able to benefit from competitive prices. I think that is a good thing.

[Baroness Young of Old Scone (Lab)]

I thank the Minister for the Statement and for the very welcome increased protection for ancient woodland that has resulted from the useful dialogue we have had over the last year. I also welcome the toughening up of the viability assessment process. It is true that those developers and local authorities that insisted on transparency have done a great service to local people, who can understand some of the commitments included in those assessments. However, we must be very careful that the housing delivery test for local authorities does not bear down on them to the point where they are so desperate not to lose their planning powers that they simply abandon the prospect of the right home in the right place and focus instead on homes anywhere, at any cost to the environment. There is increasing evidence that local authorities feel that they simply must produce viable land commitments and local plans that deliver the housing target at the expense of environmental considerations. May I press the Minister to tell us what safeguards will be put in place to make sure that the housing delivery test does not become overbearing?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness once again for the work she did in championing the cause of ancient woodlands, including organising a visit for the two of us to somewhere east of Newark-on-Trent. That sounds like an Alistair MacLean novel. It was a very useful visit, and I am glad we have been able to do something in that regard.

The noble Baroness welcomed the viability test. On the housing targets that she talked about, so that housing authorities do not feel that they have to deliver homes of substandard quality, let us say, because of having to reach the numbers, we have made the importance of design integral to the NPPF. As a nation, we have not been imaginative enough on this but, of course, we need to be realistic about the demands placed on local authorities. They can work on common ground with neighbouring authorities, for example, to deliver. They are obliged to look at brownfield first; we do not want them to use green-belt land, except as very much a last resort, and that has to be justified, just as it does now. All the safeguards are there, but it is something we will watch like hawks.

Grenfell Tower and Building Safety

Baroness Young of Old Scone Excerpts

Monday 18th December 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Shipley, for that question. The Government accept all the recommendations of Dame Judith Hackitt’s interim report that were directed towards the Government; of course, many recommendations are directed elsewhere, and we cannot accept those on behalf of other bodies. Obviously, we urge local authorities to be pre-emptive and respond in relation to the recommendations made to them. We have been very clear that finance should not stand in the way of necessary work, which remains our position. We are open to looking at any reasonable application in relation to that—as I have indicated, we are indeed doing so.

[Baroness Young of Old Scone (Lab)]

My Lords, I declare an interest as a resident of a Westminster City Council block that suffers from all the deficiencies that Dame Judith Hackitt’s report has outlined so well. In paragraph 1.86, Dame Judith quite rightly focuses on the inadequacy of compartmentation as a fire risk control measure. On many occasions, the multiple responsibilities for adaptations and changes in such blocks result in all sorts of people, including homeowners, undertaking changes which compromise compartmentation. By the time inspections happen, if they happen adequately at all, floor coverings, wall coverings and all manner of other adaptations are hiding a multitude of changes to the integrity of the compartmentation. I was pleased to see in Dame Judith’s report a comment on compartmentation but, so far, there has been no recommendation. Is this a matter on which the Government expect a recommendation in Dame Judith’s final report? I firmly believe that compartmentation—which is a dreadfully difficult word to say at this time of the day—is a policy doomed to failure. It is a fail-unsafe, rather than a fail-safe, policy.

[Lord Bourne of Aberystwyth]

The noble Baroness makes a perfectly fair point. Obviously, there is a lot even in the interim report—it is not a short report; it has many important recommendations and constitutes important reading not just for the Government but, as I have indicated, for all relevant partners in relation to delivery of housing and those concerned with building regulations and fire safety. Perhaps I may come back to the noble Baroness on the particular point she raised; I have not read the report from end to end—I have to be candid about that—but we are expecting a fuller report in the spring, where no doubt some points that perhaps have not been fully investigated as yet will be covered.

Neighbourhood Planning Bill

Baroness Young of Old Scone Excerpts

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

Moved by

[Baroness Young of Old Scone]

38A: After Clause 13, insert the following new Clause—
“Planning: duty to have regard to the protection of ancient woodland and veteran and aged trees
In section 197 of the Town and Country Planning Act 1990 (planning permission to include appropriate provision for preservation and planting of trees), after paragraph (b) insert—“(c) to refuse permission for any development which may result in the loss or deterioration of ancient woodland, and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location are wholly exceptional;(d) to refuse permission for a development in respect of which there is insufficient provision made for the preservation of woodland and planting of trees; and(e) to impose any such conditions and make any such orders as are necessary to protect woodland and trees.(2) The local planning authority must—(a) ensure that all planning applications are compatible with the protection and enhancement of the environment; and(b) ensure that the protection and enhancement of the environment is identified as a strategic priority in the authority’s area under section 19 or 35 of the Planning and Compulsory Purchase Act 2004.(3) In this section—(a) “ancient woodland” means an area that has been continuously wooded since the year 1600;(b) “veteran and aged trees” means trees which because of their age, size or condition are of exceptional value culturally, in the landscape or to wildlife.””

[Baroness Young of Old Scone (Lab)]

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]

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.

--- Later in debate ---

With the assurance that I am very happy to meet the noble Baroness—and, as I said, other noble Lords who may wish to join that process as well as the Woodland Trust—again following this debate, I respectfully ask the noble Baroness to withdraw her amendment.

[Baroness Young of Old Scone]

My Lords, I thank all noble Lords who spoke so helpfully and supportively in this debate. It is wonderful to have this degree of support for these cathedrals of the natural world. I have to make a terrible admission to the Minister: I discovered in my research that he is rather keen on cathedrals, so it seemed a good idea to call these the cathedrals of the natural world. I thank the Minister very much for his kind words about the case. They are irreplaceable; we do need equivalent protection. I thank noble Lords who pointed out the value of ancient woodland, the help recognition of this would give to both planners and developers to avoid conflict for the future, and the need to strengthen the NPPF further.

The Minister kindly pointed out that the consultation, which he cannot pre-empt, goes on until 2 May. I hope he realises that means there are three months of wall-to-wall pressure heading in his direction, as we gird the loins of many others to respond to the consultation along the lines of the support that has been given in this House. I hope this is another of the Minister’s nods and winks but, no doubt, we shall find out only at the end of the consultation period. So, with many thanks to all supporters and to the Minister for the help he has given so far, I look forward to the next three months of enunciating this case, until the point where, eventually we get the change that is needed to bring into effect the very real and welcome commitment that the Government have shown. In the meantime, I beg leave to withdraw the amendment.

Amendment 38A withdrawn.

Neighbourhood Planning Bill

Baroness Young of Old Scone Excerpts

Report: 1st sitting: House of Lords
Thursday 23rd February 2017 Lords Chamber

[The Archbishop of York]

My Lords, I spoke at Second Reading about building flourishing communities, not just houses, and emphasised the contribution of affordable housing and green spaces to communal life. If land has been compulsorily purchased, surely the powers need to be given back to the local community to decide what kind of housing will go there. The Government have been very good at taking measures to increase the supply of affordable housing. However, the number of completed social rented homes has decreased from just under 40,000 in 2010-11 to just 6,550 in 2015-16, and affordable housing completions more generally, including other tenures, are at the lowest level for 24 years. The recent government housing White Paper showed a greater focus on homes to rent and it is important that that includes genuinely affordable social homes to rent, which is the only affordable housing tenure suitable for those on the lowest incomes.

Affordable housing not only benefits individuals who would otherwise be unable to secure a home but contributes to the diversity of local places, encouraging interaction across social boundaries. Securing a mixture of tenures in local development enables different types of people to meet each other every day, rather than being shut behind gates. Derwenthorpe in York, a development by the Joseph Rowntree Housing Trust, is a good example of integrated housing provision on one large estate. Why was it done? Because the local authority had some say. The amendment would allow us to ensure that the example of Derwenthorpe can be replicated in many different places, so I support it.

[Baroness Young of Old Scone (Lab)]

My Lords, I had not intended to speak on the amendment, but my degree of rage is rising so I feel I need to say something. I declare an interest, because the very phenomenon that has been described—reducing the number of people who could object to the creation of a vibrant, attractive and charismatic garden city that nevertheless ruins one village next to it—is precisely the situation I find myself in in North Bedfordshire.

I make one plea in all of this. There can be an unholy alliance between the proposers of such a development and the local authority, because it plays very much to the business of achieving housing targets in a publicly very sellable way and reduces the angst felt in many communities across the whole of the planning authority’s patch, where previously the proposals to meet housing targets would have been infill, edge-of-village development and attempts to boost the viability of smaller settlements within the planning authority’s area, of the sort the noble Lord, Lord Teverson, talked about. I sound a note of caution about the unholy alliance that can arise, because it can be seen as the line of least resistance.

Having been involved in a similar development in Cambridgeshire, in Cambourne, where there was a considerable commitment to get the design of the settlement right ab initio on a greenfield site, I believe there needs to be a clear view of how the promised benefits touted at the beginning of the planning process actually get delivered over a substantive period. The experience is that they can gently dribble away during the course of many successive years until the settlement is complete.

[Lord Lansley]

My Lords, the noble Baroness mentions Cambourne, which of course was in my former constituency. The benefits did not dribble away; they disappeared because the noble Lord, Lord Prescott, when Secretary of State, imposed a density requirement on building so the masterplan could no longer be effected. That is why the change from the original planning had such a material impact on the environment in the village.

--- Later in debate ---

[Lord Lansley]

My Lords, pre-commencement planning conditions arise in both this group and the subsequent one. Clearly, we have entered into the debate on this group, so perhaps it might be simpler if I speak now rather than in the debate on the subsequent group. I will try not to detain the House for too long, but there are essentially three good reasons why we should proceed in the way the Government propose, by seeking written agreement with applicants before the planning permission is granted.

First, I draw attention to my interests in the register. I am chair of the Cambridgeshire Development Forum, and in that context I am reminded partly by this debate that, on the last occasion that our forum met—quite contrary to the way in which the noble Lord, Lord Stunell, represented the views of the development sector—the head of the historic environment team for Cambridgeshire came to the meeting, made a full presentation on what that team does and why it does it, and responded to questions. They agreed to work on a collaborative basis, because the development community appreciates that satisfying the needs of the historic environment is an essential part of their responsibility. However, I will come back to that as an example in a minute.

The second thing is that we have to remember that at the back of this is the fact that local planning authorities have an obligation not to grant planning permission in circumstances that would be contrary to the National Planning Policy Framework if an applicant would not agree to a condition that was implied by it. We are having a debate that is not based in reality. The implication is that the applicant does not sign up to this pre-commencement planning condition, and therefore planning permission is granted without it. That is not the situation. I am afraid that these two amendments in particular seem to have ignored that local planning authorities would be quite within their rights—and indeed are required by the legislation—to proceed on the basis of the NPPF. If they fail to do so and grant planning permission, they will be in dereliction of their planning responsibilities.

I come back to three points. I do not mean to steal the thunder of my noble friend on the Front Bench, because his thunder will be better than mine, but, first, this is about creating an expectation. The Government are promising to issue guidance. This is driving towards the situation where a written agreement with applicants will direct them towards trying to anticipate and meet the proper expectations of a local planning authority and a local community in advance, and to proceed probably by way of a draft set of conditions associated with a planning application in the first place, which would relieve the pressure on local planning authorities. It is also perfectly clear from local experience that it would also assist local planning authorities, which are short of experienced planning officers. It is the inexperienced planning officers who tend to put forward long—and often arguably unnecessary—sets of planning conditions. Experienced planning officers recognise what is required and are then likely to get to a better result more quickly. It will therefore enable that to happen more directly.

Secondly, it will avoid the ambush—the sense that at the last minute conditions can be applied, and the applicant has very little opportunity to respond or to decide whether they can proceed with a planning application on the basis of something that is applied at the last minute.

The third point is really important. It has come to my attention that pre-commencement planning conditions can create a problem because often, like other conditions, they have yet to be drafted after planning approval is granted. We are trying to avoid delay—we are trying to build the right housing in the right places as quickly as possible. Drafting the conditions after planning approval is granted causes unnecessary delay, and seeking written agreement to the conditions with an applicant in advance will ensure that we get rid of that delay.

Finally, we need to minimise the number of pre-commencement planning conditions. There is always a debate about whether something is pre or post commencement. If the number of pre-commencement planning conditions can be minimised, that too will help with the difficulty of discharging the conditions. Where there are a lot of consents, discharging the conditions is often a considerable source of delay in moving from planning approval to the point where build-out actually starts on site. We want to see those starts on site taking place. For all those reasons, I feel that the Government have a perfectly reasonable basis for proceeding in the way they have set out in the Bill.

[Baroness Young of Old Scone]

My Lords, I too commend the trustworthiness of the noble Lord, Lord Young, mainly because we Youngs are totally trustworthy.

I must admit that when I read this whole section on planning conditions, my brain began to hurt, and I think that the noble Lord, Lord Lansley, has just made it hurt even more. Achieving the desired outcome through a series of double negatives seems incredibly tortuous. Considerable anxiety has been raised about this whole area by a variety of groups from different ends of the spectrum—planning groups, environmental groups and heritage groups. It does appear to be complicated. It seems that the Secretary of State can say no to local authorities saying no, but he cannot say no to local authorities saying no unless that fulfils the NPPF. That is a very tortuous way of going about things. I think that these two amendments are extremely elegant and send a very clear signal to both developers and planners, providing reassurance to those concerned with the environment and heritage. I believe the amendments should be supported.

Neighbourhood Planning Bill

Baroness Young of Old Scone Excerpts

2nd reading (Hansard): House of Lords
Tuesday 17th January 2017 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, I declare an interest as president or vice-president of a range of wildlife organisations, and chairman of the Woodland Trust. I should also declare that I am not a vice-president of the Local Government Association. I was also privileged to be a member of the Select Committee on National Policy for the Built Environment, which is due to have its report debated next week, so I understand very well why there is a government commitment to ensure that the planning process is as efficient as possible, particularly in respect of helping to get houses built to meet the current and future pressing need for quality, sustainable and affordable homes. I urge all Members here tonight to take part in the debate next week, because the report is fairly comprehensive and covers many of the issues that will also need to be dealt with if we are to see faster and better provision of homes—things that are not currently in the Bill, which is fairly modest in scope.

Some things in the Bill have already been raised that I would have preferred to see as provisions brought forward by the Government—a local authority’s ability to borrow to build homes is absolutely fundamental, as raised by previous speakers, and also, the pace of building out of extant planning permissions. We still have a huge range of planning permissions out there where progress on building has either been modest or non-existent. I do not think it is simply the fault of the planning system or local authority management of the planning system. The Government need to address provisions towards developers who are sitting on planning permissions in order to keep prices up.

I will raise three things, some of which are in the Bill and some of which are not. First, there is the resourcing of planning authorities, which has been touched on already. Local authorities have faced a 46% cut in funding over the past five years. That really has affected their ability to do an effective job fast. This under-resourcing is felt particularly in specialist areas such as conservation and ecological expertise. The Association of Local Government Ecologists has reported that only one-third of local authorities now have an in-house ecologist. This can lead to planning decisions that are flawed and to a loss of some of our most precious wildlife sites.

The reverse of that can mean that local authorities and developers do not see the opportunities for enhancement of the ecological and biodiversity richness that development can help foster. Will the Minister consider whether the Government will speedily review the planning fee system to go beyond the pilots currently in operation on local determination of fees, and allow local planning authorities generally to set their own fees and retain these to invest in planning work, including specialist expertise?

The second point is the issue of pre-commencement conditions. I am afraid that I cannot agree with the noble Baroness, Lady Finn, in her belief that pre-commencement conditions are the work of the devil. I welcome the fact that the Minister will write round with his evidence base for pre-commencement conditions being a cause of delay. I am not sure whether there really is solid and independent evidence—not just evidence given by developers—that pre-commencement conditions slow down their delivery of housing development. It is not clear from the Bill how the pre-commencement conditions process is envisaged to operate. That point was made by the noble Lord, Lord Kennedy.

I would be grateful if the Minister could give us more clarity on this. I thank him for the assurances already given both by him and his colleague in another place that if pre-commencement conditions are deemed necessary and local planning authorities cannot get written agreement from the applicant, the local planning authority would be quite right to refuse the application. I also thank the Minister for verbal assurances that all development must still comply with the National Planning Policy Framework and that environmental safeguards will remain in place. It would be useful to have formal confirmation of these verbal assurances from the Minister.

I am also concerned that the revised process for pre-commencement conditions will mean more refusals, will slow down the process, or encourage planners to avoid applying important conditions. Could the Minister consider amending the Bill to ensure that these unintended consequences are not built into the process?

The third and most important issue I want to raise is something that is not in the Bill—but I give notice of an intention to table an amendment. It is the issue of ancient woodland. This Bill offers an important opportunity to amend the way in which the planning system protects ancient woodland and reduce the controversy created by planning proposals involving ancient woodland—often much-loved woods in their locality—thereby reducing the delays that such controversy can cause. This would be of benefit to developers, planning authorities, local communities and, of course, ancient woodlands.

I probably owe the House an explanation of why ancient woodlands are so important. They are woods which have remained under continuous woodland cover for at least 400 years and, in some cases, for centuries or even tens of centuries longer. They are a kind of complex network of species, soils, history and culture, and each of them is unique, distinctive and irreplaceable. However, noble Lords may be surprised to hear that ancient woodland has a lot less protection under planning policy than ancient buildings.

Ancient woodland is increasingly threatened by planning decisions, particularly on housing development, where planners and developers see that the lesser level of protection given to ancient woodland compared with that given to ancient buildings by the planning guidance is a reason not to give ancient woodland any protection at all. There are currently 600 ancient woodlands under threat from planning proposals. A recent survey of planners has shown that, although 96% of planners are aware of the term “ancient woodland”, 70% of them ignore the current advice, which does not have much strength due to the weakness of the NPPF in this respect. Some 85% of planners say that it is legitimate to build on ancient woodland sites—so clearly the protection level is not working.

Many of the planners interviewed cited the weakness of the National Planning Policy Framework and gave reasons such as housing pressures and infrastructure provision for their belief that ancient woodland was expendable. It would be a great disservice to this country if, in a dash for housing given the very clear need to create good-quality housing fast, we cut corners on environmental measures and damaged our ancient woodland further. We are already at a point where so much ancient woodland has been destroyed that it covers just over 2% of the Great Britain land surface.

I am grateful to the Minister for having met me on my proposed amendments, which aim to give the same level of protection to this irreplaceable ancient woodland as is currently given to ancient buildings. Ancient woodlands are the cathedrals of the natural world; each one is distinctive, and grubbing up even part of one is the equivalent of demolishing the chancel of York Minster for development or building houses in the cathedral close at Salisbury. Yet, as I said, 600 of these are threatened in just such a way.

We have opportunities to do a better job. In the garden towns initiative, which I greatly applaud, of the 14 proposals currently put forward, four have ancient woodland within their curtilage. That could be buffered and cherished and be a very important part of the garden city environment—or we could build on it. There is an alternative way in which to make sure that we protect our ancient woodland. I know that the Minister is very unkeen on having a provision in the Bill to give better protection, and there are other ways of doing it—we could do it by an amendment to the National Policy Planning Framework. The Government have been reluctant in the recent past to amend the NPPF, so I propose to table amendments to the Bill. But if the Government were to come forward and offer an amendment to the NPPF, I would be delighted. The one thing that I do not want is to back off on an amendment to the Bill then not get an amendment to the NPPF, either.

Ensuring an effective planning system and getting the right houses built in the right place is vital, but none of this must be at the expense of ancient woodlands’ irreplaceable treasures—and pace and efficiency will not be helped if there are local fist fights when a developer plans to destroy or damage ancient woodland in the locality. So it would be in the interests of farmers and developers if the Government were clearer about stressing the importance of avoiding damage to ancient woodland—it would help to prevent further delay. So I hope that the Minister can be positive and say that he will give me one or the other.

Energy Security: Hinkley Point

Baroness Young of Old Scone Excerpts

Thursday 10th March 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is absolutely right about the importance of small modular reactors. He will know that £250 million was announced in the spending review specifically for that purpose in this Parliament. We will bring forward proposals on that early this year—that is, in the spring.

[Baroness Young of Old Scone (Lab)]

Is the Minister aware that the Chancellor is making the situation worse by flip-flopping our energy policy from the Treasury and cancelling the carbon capture and storage project, onshore wind, the feed-in tariff arrangements, the zero-carbon homes and the Green Deal, and causing huge investor and company unrest and insecurity? We will not deliver an energy supply that is secure for the future as long as that continues. What are the Government going to do to stop the Chancellor flip-flopping energy policy and to restore investor and market confidence?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness is wrong: there is no flip-flopping over energy policy. It is absolutely clear and it was set out in my right honourable friend the Secretary of State’s speech that we regard security as the number one proposal. We are ending subsidies. We are moving away from subsidies to a market-based approach, which is the right thing to do. It is important that we balance the interests of the public purse with the interests of decarbonisation and security, and that is what we are doing.

Forests: Coal-bed Methane Extraction

Baroness Young of Old Scone Excerpts

Monday 25th January 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the process for coal-bed methane is essentially parallel with that for fracking. There are no separate considerations here—or in so far as they are separate, it is only because of the slightly different technology. Both have extremely robust systems. In addition, if fracking was involved where we have coal-bed methane, a separate system of protections and consents would be needed.

[Baroness Young of Old Scone (Lab)]

My Lords, the Government rode rather roughshod over the environmental conditions that your Lordships’ House believed should be applied to fracking and responded by saying, “Oh well, in that case we’ll make sure that we protect areas of outstanding natural beauty and groundwater protection zones by doing it at 1,200 metres under those sites and no closer to the surface”. The coal seams in the Forest of Dean are at 450 metres from the surface, and many are much closer than that. Can the Minister confirm, or not, that the environmental restrictions that apply to fracking apply also to coal-bed methane extraction in the Forest of Dean—and, if not, what environmental protection conditions will apply? Was it wise to issue a licence when many of the environmental impacts had not been assessed in detail for this particular application until after the licence had been granted?

[Lord Bourne of Aberystwyth]

My Lords, coal-bed methane is not as deep as 1,200 metres. So, obviously, that is a separate consideration; we are not talking about fracking. In so far as there is fracking, if it is fracking in addition, there will be the additional protections that are available. But, as I have indicated, there are also planning consents, Environment Agency consents, Health and Safety Executive requirements, access agreements from the Coal Authority and consent to drill from the Oil and Gas Authority. We have a very effective, robust system of protections of which we can be proud.

Paris Climate Change Conference

Baroness Young of Old Scone Excerpts

Thursday 17th December 2015 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, I congratulate the noble Baroness, Lady Sheehan, on her maiden speech, short though it had to be on this occasion. I am sure that noble Lords will welcome her to our House, and welcome in particular her commitment to energy and climate change issues, as well as the hugely germane point about the relationship between climate change and mass migrations into the future. I pay tribute also to her local experience in contributing to a greener Wimbledon, and her tireless campaigning for better local health services. She is an excellent addition to our House.

I also congratulate the Government and the Minister on the role they played in the historic COP 21 agreement. Success will, however, depend on all countries implementing rigorous and, in many cases, rather heroic measures once they get back home from the euphoria and exhilaration of Paris and recover. The noble Lord, Lord Giddens, rightly looked at the global issues; I want to plunge to a much more local basis and home in on what this means in one small but important and quite illustrative area, and that is energy efficiency.

Obviously, decarbonising our energy supply is hugely important, but so is reducing the demand for energy, particularly in the domestic sector. If I were the Minister, I would say that good progress has been made and that 70% of homes with lofts are now insulated and that 73% of homes with cavity walls no longer have their cavities. But these figures alone mean that 30% of lofts are not insulated and that cavity walls are not protected to effective standards of energy efficiency. In houses with solid walls, only 4% have effective insulation. In that small area of domestic energy efficiency, still a lot has to be done.

However, in the Autumn Statement, the Chancellor axed the energy company obligation. The Green Deal has virtually gone. They were both key measures in retrofitting carbon reduction into the nation’s housing stock. We are told that there is to be a new scheme in 2017, which is quite a long way away. Again, the Chancellor has almost halved its budget from the previous schemes. The Secretary of State has reasserted government plans to deliver 1 million efficiency upgrades during this Parliament, but how will that be done? In itself, that is a 78% reduction in the number of homes which received support for energy efficiency during the previous Parliament.

The same is true for new builds. Time prevents me from going into detail but, again, apparently driven this time by pursuit of the holy grail of deregulation, we have lost the sustainable buildings code and the zero-carbon homes policy. Will the Minister tell us how energy efficiency will be secured in the domestic setting in new and existing housing? For me, that would be not only a practical act but also a totemic signal from the Government to show that they are in earnest about the implementation of the Paris agreement and particularly to show that the Chancellor is in earnest about its implementation.

Energy Bill [HL]

Baroness Young of Old Scone Excerpts

Wednesday 21st October 2015 Lords Chamber

[The Lord Bishop of Chester]

My Lords, I did not speak in Committee, although I attended it, partly because I found almost a sense of the ground moving under my feet as all the amendments were produced. This, of course, was a recommittal in Committee under these clauses. At the end of the debate, the clauses were removed. I think that it was the noble Lord, Lord Foulkes, who referred to “liquid legislation”. There is a phenomenon emerging in the Church of England called “liquid worship”. I can only say that when I am told that that is what I am to expect on a Sunday when I go to a parish, my heart does not leap with joy at what might be in prospect for me.

In Committee, I began by thinking that the Government had done a deal with the industry through withdrawing the clauses and bringing them back in the recommitted meeting of the Grand Committee. But then I listened to the noble and learned Lord, Lord Wallace. If Members of the House think that we have just heard a tour de force, they were not there in Committee, which saw an even greater tour de force, complemented in a different style by the noble Lord, Lord Foulkes.

The noble Lord refers to the need to “draw a line”. He mentioned that phrase five or six times in his contribution. The problem is that the line was drawn at March 2017. It is a redrawing of the line by the Government which has put us into this situation and raised the question of how one does it in a way that is reasonably fair all round given the complexities of the planning process, which have been so well described.

At this stage, I simply ask: what are the real benefits of this liquid legislation, which may prove to be even more liquid in the coming weeks and months? What savings will be made by trying to redraw the line from March 2017 to a date somewhat in advance of that? As I understand it, it is a somewhat moving and shifting date. What is the game worth? Given the vast subsidies that are to be paid out over coming years for wind turbines, what will the savings be in comparison with those subsidies that are being paid out?

I must emphasise that I speak as someone who has been critical of that subsidy regime from the beginning. As some noble Lords will know, I was a founding trustee with the noble Lord, Lord Lawson, of the Global Warming Policy Foundation, which seeks to scrutinise policy from that perspective. I sometimes say that my real title here is that I am chaplain to HMS “Lawson”, although I do not speak with the authority of the captain. I would be interested to know what the anticipated saving is and whether the game is really worth the candle, given the complexity that has emerged.

[Baroness Young of Old Scone (Lab)]

My Lords, I had not thought that what we were dealing with was liquid legislation. I thought we were dealing with piecemeal transitional arrangements dreamt up on the hoof as we go through the process. But I am quite prepared for the right reverend Prelate to give us this liquid legislation definition in perpetuity. It is a rather splendid phrase.

This has been a really unsatisfactory Bill and we must not allow ourselves to see this as an argument about onshore subsidy protectionism. It is not about that at all. I think that everybody in the House recognises that the period of subsidy for onshore wind may well come to an end at some point in the nearish future. It is much more about what it is that we want to try to do to send signals about our climate change intentions and to adhere to our own regulatory principles. I have been a regulator three times on behalf of the Government and on each occasion I have absolutely worked my socks off to make sure that we are as fair as possible to British industry. Fairness means giving clarity of policy and adequate times for industry to adjust, meaning that companies are not caught with their foot on the wrong side of a piece of change and penalised as a result of their previously sensible decisions in line with what previously had been government policy. Even with the very welcome changes to the grace periods that the Minister has laid before us, we are still not there.

The noble and learned Lord, Lord Wallace, talked about the statement made yesterday by the Energy Minister in another place. I was a bit distressed to hear the Minister here say that we have made lots of concessions and we now have enough renewable energy from onshore wind in the pipeline. I do not think that that is the point. The point is, have we dealt fairly with British industry and given anybody who could reasonably consider themselves not to have been fairly dealt with the benefit of the doubt in this circumstance, where, all of a sudden, policy has shifted? The Minister said that there had been extensive consultation with the companies and stakeholders, yet many noble Lords will have been lobbied and briefed by players in the energy business, who, even this morning, have been listing a series of situations where, through no fault of their own, they continue to be penalised by the graceperiod arrangements.

I simply ask the Minister to consider some of the circumstances that the noble and learned Lord, Lord Wallace, aptly summarised in such an eloquent fashion to ensure that the statement made by the Energy Minister yesterday about fairness is adhered to and that we do not continue to see liquid legislation that is simply piecemeal, illogical and very damaging, both to our climate change image in the world and the image in terms of British industry about whether reliable frameworks in which companies can realistically work will continue to come from this Government.

[Lord Howell of Guildford (Con)]

My Lords, I was not going to intervene at this stage, but the right reverend Prelate’s intervention and his association with my noble friend Lord Lawson’s Global Warming Policy Foundation prompted me to pursue the point that he raised. A lot of our discussion has been on the penalties —in other words, the removal of subsidies from people who thought that they had a chance of the subsidy when they started their projects. That is aside from whether the project is environmentally okay or whether they get local government approval for planning reasons and so on; it is simply the question of whether they were caught by various delays and, therefore, would not get the subsidies that they thought they would get when they set out.

We are not in any way trying to stop the development of the very successful parts of the onshore windfarm industry. As the noble and learned Lord, Lord Wallace, reminded us, electricity from wind power is getting cheaper. If it is getting cheaper, it will in due course need less subsidy. Remarks from outside this country—particularly an ill-informed remark by the UN adviser, Professor McGlade, that somehow Britain was putting a stop to its movements towards low-carbonisation by putting a stopper on all wind power and so on—are way out of kilter and far from representing where we stand.

It is no less interesting to work out to what extent these grace periods will help the situation—I thoroughly approve of all the amendments that my noble friend has brought forward with such assiduity. Presumably, as a result of these grace periods, we will see slightly more subsidy paid out, which has to come from the consumer—the industrial consumer in particular—than we would have done before he introduced the amendments. The money that was not going to come from somewhere has to come from somewhere. Somebody will have to pay for it. This is on a day when we are staggering under the colossal redundancies that have been announced throughout the steel industry—including the steel industry in Scotland—which, we are told, are overwhelmingly the result of very high energy costs. Apparently, for electricity, we are paying twice the German level. In turn, of course, energy costs for the steel industry of Europe are leading people to predict that the entire industry will be wiped out. At a time like this, we need to watch with needle sharpness what is happening to the costs that are falling on the industries where all these jobs are being destroyed. How much more of that cost is still going to persist in meeting all the grace period conditions which the noble and learned Lord, Lord Wallace, with his massive legal knowledge and detailed grasp of the situation, has described as being necessary and fair? How much more will this kind of fairness cost in the end in burdens on the electricity users of Scotland and the rest of the United Kingdom in ways which will precipitate even further these appalling redundancies? We need to keep that side of the argument very clearly in our minds.

--- Later in debate ---

[Viscount Ridley]

I do not know where I was five or 10 minutes ago then, when I was listening to a lot of very wide-ranging remarks about whether our opposition to the wind industry was ideological.

I find it odd that the parties opposite are so keen to defend one particular industry—one that is really good at taking money from poor people and giving it to rich people while doing the square root of nothing to reduce emissions, killing eagles, hurting tourism, spoiling landscapes and killing jobs.

[Baroness Young of Old Scone]

The noble Lord is probably going to move on to it being conducive to falling arches and making children more delinquent. We are talking about correcting an administrative lash-up. Yesterday, I looked briefly at the words that the Government put forth on the consultation on the renewables obligation cessation and the transfer to contracts for difference. That was aimed at making a smooth, seam-free transition between the two subsidy schemes. What we are talking about here is the fact that the transition that came as a result of earlier closure is far from seam-free and smooth; that is all that we are talking about.

On the other hand, I cannot, while on my feet, not challenge the noble Lord on his assertions that any of the environmental or carbon reduction measures are the primary cause of a lack of competitiveness in some of our energy-intensive industries. Our energy-intensive industries have been helped, quite rightly, with the burden that has been placed on them by carbon reduction measures. However, if one looks at the range of factors that makes us competitive in the world compared with other countries, particularly the emerging economies, one will see that labour costs by far and away outweigh any impact that carbon reduction could have.

[Viscount Younger of Leckie (Con)]

My Lords, I am ready to reply to the noble Baroness’s speech, but I believe that that was an intervention on another speech.

Energy Bill [HL]

Baroness Young of Old Scone Excerpts

Monday 14th September 2015 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, I support the noble Lord, Lord Teverson, on whether keeping this clause in the Bill is sensible. I share his views entirely about the vagaries of the local planning system. It is true to say—it would be good if the Minister could confirm it at some stage—that not only are there not many neighbourhood plans in existence, but some local authorities have not yet published local plans, far less had them accepted. This provision might be okay in places where they have thought about it, but so many have not and show no signs of doing so.

The National Planning Policy Framework only encourages local planning authorities to consider identifying suitable areas for renewable energy sources and as a result the links in the chain that could fail are rather long. A local authority might not have got to the stage where it had a local plan and therefore there cannot be neighbourhood plans, because they have got to be in a consistent process with the local plan, and there is only a vague nudge in the direction of considering whether suitable areas have been identified for renewable energy. It does not feel like a well-honed local set of circumstances for fostering that vital and, as the noble Lord, Lord Teverson, pointed out, cost-effective way of meeting some very stringent climate change targets and budgets. I have concerns about the removal of the Secretary of State’s consent in this respect.

It is rather strange that we are moving in one direction for fracking consents and in another for onshore wind consents. I simply make that remark without having any belief that there should be one without the other. I must confess that I need to meet my noble friend Lady Worthington to talk about some impacts of fracking other than simply energy generation, carbon reduction and cost.

There is one other issue in respect of the localisation of decision-making in terms of onshore wind, which is how we get some strategic perspective. It is going to be abominably difficult to meet our carbon targets, and we will need every tool in the toolkit to do so. In this clause, there is no mechanism for that happening on a scale larger than a neighbourhood or local plan, yet many of these decisions involving technologies other than onshore wind need to be part of the mix on a local and national basis for these decisions to be looked at on a more strategic basis at a higher level than the local planning authority.

I hope that the Minister will come back to us with answers to some of the questions we are raising about the advisability of removing the Secretary of State’s permission.

[Lord Howell of Guildford (Con)]

My Lords, I, too, am waiting for my noble friend Lord Ridley to give his limpid views on the future of onshore wind and, indeed, on the role of onshore and offshore wind power in the tasks of reducing emissions worldwide and producing a balanced energy policy for the British people. No doubt he will enter into later debates on the next clause which will cover very much the same ground.

I admire the noble Lord, Lord Teverson, for his frank admission of the dilemma he faces. On the one hand, localism is the flavour of the month, the year and the time, and there is a great desire to move from central administration in every area of policy, certainly including energy, into a greater role for local people, local planning and local authorities, yet he is also worried about inconsistency and fears that in some way the onshore wind cause is being abandoned. I do not see that. If you look at the proposals and the argument in the impact assessments behind the Bill, it is perfectly clear that, first, onshore wind has had a fantastic run over recent years. Some would say it was possibly too big a run given the very considerable economic advantages it brought to many wealthy individuals, gigantic corporations and energy companies and to those who are benefiting in all sorts of other ways from the proceeds and the subsidies, which are, of course, paid for by the consumer. In many cases, we know it is the poor consumer, and it is certainly the competitive consumer in industry. It is clear that subsidies have created this great growth. There must be a limit, as has been set quite clearly by government, and it is going to be exceeded unless the brakes are put on. There is a limit in two senses: first, the sheer weight of subsidy required to maintain the industry until it can get its costs down. I will come to that in a moment because there are real problems in getting costs down.

Secondly, there is managing a balanced grid system which can absorb the intermittency of wind. Every country that has gone into this business in a big way—Denmark is a good example—has found enormous difficulties. That is one reason why Denmark wants to have an interconnector with Britain for electricity. Intermittently there will be no charge at all for the electricity it supplies to us because it is a danger to it and an advantage to us. Spain has found enormous difficulties in going too fast and beyond the limits of engineering and electronic management in organising its grid when the wind blows too hard or too regularly.

Thirdly, there is the intermittency problem, which we all face. One day we will get over it because the storage will come at lower costs and intermittency problems will be much reduced. In the mean time, though, intermittency requires back-up, and back-up requires gas. There are other devices but gas-generated electricity is the area where most people in Europe, certainly in this country, think the gap can be filled. Far from being inconsistent, then, it seems to me utterly consistent that at this point the contribution of onshore wind should be restrained in the ways that are proposed.

As for the emissions angle, we know that we are driven by the European requirements for renewable energy, the formidable target of 15% of our energy from renewable sources by, I think, 2020, and Europe’s target of 40% by 2030. It is quite clear from the present pattern that we are not going to meet that target, and that even if we were to double the onshore wind power we still would not get near it, even if we took into account merely the emissions that emerge from the production of energy. In fact, the emissions that emerge from our capital consumption of energy per head, and from all the vast imports that we suck into this country from countries with much lower standards with very high emission content, have not fallen very much at all; indeed, many would argue that they have increased greatly since 1990.

So the real problem is that the present policy is not actually working. Those of us who are concerned about climate change look at what is happening throughout Europe, notice the contrary tendencies in delivering emission reduction—much more coal burning and a failure of the heavy concentration of wind around the islands, like the one that we are living on—and ask whether we should not begin to think about an entirely new and different policy. I see no inconsistency at all. No doubt we will debate this a little further on in the afternoon in more depth and detail.

I worked very closely with my friends in the Liberal Democrats in the last Government and enjoyed doing so, but I find their stance on this almost impossible to understand. They seem to be favouring a system that does not do much for emissions, distributes money in massive ways from the poor to the rich and apparently produces all kinds of tax advantages that are going to be exploited. This is one irony of the situation: even with this restraint, it looks to me as though we are going to have continuous investment in onshore wind, even without the subsidies, because of the big tax advantages that are built into the system. Should we not be looking at those before we take a position on the question of local powers and so on?

It is a puzzle to me that we do not look in a more balanced way at what is being done. It seems utterly consistent. I do not think that I want to be a supporter of anything that promotes further a system that is unfair to the poorest people and consumers, and which delivers considerable tax advantages to clever people and yet does not do very much at all for emission reduction. It seems to me to be a sad mixture, and it is about time that it was changed.