Kew Gardens (Leases) (No. 3) Bill [HL]

Lord Campbell-Savours Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 21st May 2019 Lords Chamber

[Lord Gardiner of Kimble]

As I say, it goes back to those areas. I want to pin down this point. This is absolutely not about suddenly cherry-picking: “That looks like a nice site; that would be quite lucrative”. It is about enabling longer leases to ensure that there is more money for Kew to do these things. Part of the issue, shall we say, is accessibility for the public, whether that be parking or other general facilities. Yes, such things are part of enabling scientific endeavour, but they also enable the nation to appreciate what Kew does by way of visiting the gardens.

[Lord Campbell-Savours (Lab)]

My Lords, could non-core—

[Lord Gardiner of Kimble]

I am sorry, but would it not be easier for me to develop the argument, because much of this will I hope be covered? I think that that would be more constructive.

I want to go back to the advice I have received, because my response to my noble friends and the amendment hinges on that. These leases of the land at Kew are not regulated by the Charities Act 2011 as the land is Crown land, so in its current form the amendment is not an appropriate safeguard. Kew Gardens is land held by the monarch in the right of the Crown and is Crown land currently managed by the board of trustees and Defra. The board was established under Section 23 of the National Heritage Act 1983. While that Act gave the board a power to purchase land and other powers to deal with land that it purchased, it did not transfer title of the land at Kew Gardens to the board, nor did it give the board any powers of management over the land at Kew.

In granting leases on the land at Kew Gardens, the Secretary of State will act as the freeholder on behalf of the Crown. The Bill does not create the power to grant a lease, merely to make a longer one. Since title is not held by the charity RBG Kew, these leases will not be regulated directly through charity law. It is not the intention of the Charities Act 2011 that the Charity Commission will be consulted on the management of Crown land as it relates only to the disposal of property that is in the title of a charity, which the Crown land at Kew is not. As I say, having taken counsel’s advice, it is important that I say this.

The Secretary of State, in exercising his powers of management of the land at Kew, balances the freedoms to manage Crown land free of any restrictions. Parliament’s intention was that the land should now be occupied by Kew for use in furtherance of its general functions under Section 24 of the National Heritage Act. However, in reality proposals will be initiated by Kew and in making the decision to support the grant of a lease, the trustees would act in the best interests of Kew, in line with the National Heritage Act and pursuant to the framework agreement between Kew and Defra. That agreement was laid before both Houses of Parliament last year, and I will circulate the framework document to my noble friend Lord Eccles and indeed to all noble Lords who have spoken in this debate.

[Lord Campbell-Savours]

Could I just clarify something? Does non-core land include land on which planning permission can be secured to build new residential developments?

[Lord Gardiner of Kimble]

All land within Kew and the Crown land, including non-core land—I used that unofficial language, shall we say, to describe the sorts of properties for which Kew recognises that it would wish to avail itself of this legislation—is subject to many protections. I digress slightly from these leases, but for instance if Kew, in its scientific endeavour, wanted to build a new science block or something to enable it to be ever more proactive, as my noble friend Lord Eccles said, given that this is a world heritage site with many listed buildings it would have to be in sympathy with all that. I perhaps wish I had not described it as “non-core land”, but it was a genuine attempt to distinguish between the estate—where all the functions of the National Heritage Act are undertaken, and those functions are set out in statute—and land and property, such as the seven residential buildings, that Kew does not feel it requires for its core functions and that would clearly require the protections I will unfold not only in this amendment but in others. All land that is going to be subject to this legislation has many protections.

[Lord Campbell-Savours]

I understand that, but I want to press this. Could a developer, to put it bluntly, build a block of flats on the non-core land, subject to the protections?

[Lord Gardiner of Kimble]

No. On the land under question, one of the seven residential buildings is not listed and all the rest are. On a later amendment I will go into some detail on the conditions that there would be on the leases, because that is probably where I can explain it better. In the leases there are standard conditions and those that recognise the world heritage site, the listed nature and all those things, so any proposal by anyone would have to go through all those hoops. If the noble Lord is asking me what would happen if someone came along and said, “I would like to build some modern flats in the place of those listed buildings”, I cannot see—I am happy to put this on record—the local authority agreeing to it, anyone saying that this was the proper function, or the Secretary of State granting a lease.

[Lord Campbell-Savours]

But he could.

[Lord Gardiner of Kimble]

The protections are available for ever to ensure that this would not be the case.

[Lord Campbell-Savours]

But it cannot be ruled out.

[Lord Gardiner of Kimble]

I think it can be ruled out, because the protections are absolutely, fully in place for the land at Kew, whether the seven residential properties—

[Lord Campbell-Savours]

Forget those.

[Lord Gardiner of Kimble]

I am not forgetting those, because they are the areas being dealt with. I am going to make more progress; I am happy to continue these considerations outside Committee.

One thing is clear: if a lease was at odds with anything, the Secretary of State would decline to grant it in the first place. With this in mind, and on the advice of departmental lawyers, the Secretary of State would not grant a lease that was in any way contrary to Kew’s objectives as set out in the National Heritage Act 1983, the governance document of Kew Gardens dated July 2017, and the Kew framework document dated June 2018, since this would risk placing the board in breach of its own statutory obligations and the framework and governance documents. For example, no lease of any land or building could ever restrict public access to the plants, collections and other facilities at Kew as this would be contrary to Section 24 of the National Heritage Act 1983.

--- Later in debate ---

[Baroness Warwick of Undercliffe (Lab)]

My Lords, as this debate has gone on I have become more and more concerned. When I supported the Bill at Second Reading, it was very much on the basis of emphasising Kew’s world excellence in its particular fields of science. The emphasis on raising the extra money from new sources of private income was entirely based on an understanding that this was what the additional resource might be used for, so I am really anxious.

While I do not want to repeat all the arguments made so far, it seems that unless we specifically indicate or reinforce the original objectives of Kew in the Bill and establish why this change is being introduced, as my noble friends Lord Whitty and Lady Jones seek to do here, there is clear potential for reputational damage to Kew. It is not just among the public that there would be huge reputational impact; it would have an impact on Kew’s ability to raise further funds subsequently because its reputation will have been harmed. Even if the form of words is not right, given the aim of reasserting Kew’s main objectives—I was grateful to the noble Viscount, Lord Eccles, for reinforcing the point that the scientific excellence of Kew and its scientific interrogations are its prime focus—I hope the Minister will reconsider.

[Lord Campbell-Savours]

My Lords, I shall intervene only briefly. I sense that the Minister has difficulty in mouthing the words that residential property development could be considered on that site, not now but perhaps in 20 or 30 years’ time when there is a lot of pressure. I understand that, under residential development for flats, that land would probably fetch in the region of £1,500 per square foot. That provides some fairly expensive property. There will be people who, under pressure and needing funds, might take a chance and put in for a development, perhaps on the car park that was just referred to. I support the amendment suggested by my noble friend. In the event that it is rejected at this stage, I might come back at a later stage to see how the legislation, whose subtext is residential development in the long term, can be interfered with and greater restraints than currently exist introduced.

[Lord Gardiner of Kimble]

My Lords, I say from the outset that I take the amendment in the name of the noble Lord, Lord Whitty, with the seriousness that I know he takes Kew. I also recognise the direct knowledge of the noble Baronesses, Lady Tonge and Lady Kramer, down to the last tree in the car park, which is probably the one that unfortunately has had most bonnets interfere with it. I understand the local and historical knowledge of the former Minister and the desire of the noble Baroness, Lady Jones of Whitchurch, for protections. My noble friend Lord Eccles is a former chairman of Kew. The noble Baroness, Lady Warwick, talked about reputational damage and the noble Lord, Lord Campbell-Savours, talked about how we ensure that the Bill, which is laudable in so many senses, gives protection for ever. The whole basis of why I am seeking consent for the Bill is to help Kew. I absolutely recognise that your Lordships all want to help it too.

I am, therefore, grateful to the noble Lord for his amendment and for the clear indication that your Lordships regard Kew in the same light as I do, as the Minister with day-to-day responsibility for it. This is an establishment of unique value and an institution worthy of the highest protection. I was interested in what the noble Baroness, Lady Tonge, said about children. I was fortunate enough to go to one of the early openings of the children’s garden last week. I did not detect commercialism there; I saw a lot of children running around enjoying plants and understanding more about them. Taking off the rose-tinted spectacles of previous times, families have changed. We have all changed, as have the sorts of things that engaged us. I am afraid I did jump on a trampoline—it was a very small one. There are all sorts of things we can do to engage children. My analysis of the children’s garden and its design is that it gets children engaged. I want children from all backgrounds to think, “I want a life in plants; I want to come to Kew as a scientist; I want to work for Kew”. Those are my ambitions for Kew’s reach to local communities and beyond. I have teased this out myself, because I clearly want Kew to be protected forever. I am grateful for the opportunity to set out the restrictions.

First, as a UNESCO world heritage site and conservation area with 44 listed buildings, Kew Gardens is subject to some of the highest level of scrutiny and statutory approvals available under the planning system —as it should be, of course—and this will not change under the Bill. Regardless of any additional conditions that might be placed on the lease by the Secretary of State, any significant internal or external developments under the lease, whether structural or otherwise, would be subject to the relevant development permissions. The local planning authority, with advice from Historic England, in particular, would be responsible for deciding whether a proposed development should be allowed to go ahead and whether to grant planning permission for new buildings, major alterations, including any to listed buildings, or significant changes to the use of a building or piece of land. The Bill will not change or replace this governance process.

I hope it will be helpful to your Lordships to set out in detail the separate planning controls that protect Kew’s unique heritage. The Planning (Listed Buildings and Conservation Areas) Act 1990 is the legislative basis for decision-making on applications that relate to the historical environment. Sections 66 and 72 of the Act impose a statutory duty on local planning authorities to consider the impact of proposals on listed buildings and conservation areas. This is particularly relevant to the Royal Botanic Gardens and the Kew Green conservation areas, as well as the many listed buildings in the Kew UNESCO world heritage site that contribute to its outstanding universal value.

The National Planning Policy Framework, the NPPF, sets out the Government’s planning policies and how they are expected to be applied, dealing particularly with the historical environment. The Government’s national planning practice guidance gives further information on how national policy is to be interpreted and applied locally. As the relevant local planning authority, the London Borough of Richmond would apply the policies of the NPPF to its local plan, setting out policies for making planning decisions in its area, including those covering historic buildings and conservation areas. The local planning authority is advised by Historic England on all aspects of the historical environment, and by the Greater London Archaeology Advisory Service on all archaeological matters.

The NPPF provides clear direction for planning authorities on the determination of applications affecting designated and non-designated heritage assets. The framework recognises that UNESCO world heritage sites are of the highest significance and that great weight must be given to the conservation of their significance and their setting. It says:

“Heritage assets range from sites and buildings of local historic value to those of the highest significance, such as World Heritage Sites which are internationally recognised to be of Outstanding Universal Value. These assets are an irreplaceable resource, and should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations”.


The framework also provides for key policy tests for developments that would harm the significance of designated assets, including world heritage sites.

I hope noble Lords can see that these sections clearly set out the importance of a world heritage site and the local planning authority’s duty to ensure that the greatest level of consideration and protection is applied when implementing national, London-wide and local planning policy. Kew Gardens is also located in a conservation area, a designation that ensures that extra planning controls and considerations are put in place. Any significant alterations to buildings or new developments would result in further scrutiny from the local planning authority as a result. Further, 44 of the buildings and structures on the Kew Gardens site are listed, acknowledging their special architectural or historic interest. This designation regime is set out in the Planning (Listed Buildings and Conservation Areas) Act 1990 and the list is maintained by Historic England. Any works to alter, extend or demolish Kew Gardens’ listed buildings would require listed building consent from the local planning authority and Historic England, whether planning permission is needed or not. Listed status covers the entire building, internal and external. It is a legal offence to carry out works to a listed building without permission. The Bill will not alter this.

As I have mentioned, any development on a world heritage site or its settings, including any buffer zones, should conserve, promote, make sustainable use of and enhance its authenticity, integrity, significance and outstanding universal value. In particular, it should not compromise a viewer’s ability to appreciate its outstanding universal value, integrity, authenticity or significance.

--- Later in debate ---

[Lord Campbell-Savours]

My Lords, I am supportive of these amendments but in saying that I was quite taken by the compromise proposal made by the noble Baroness, Lady Kramer. That was not the subject of an amendment but I hope that Ministers will seriously consider what she said when she proposed the withdrawal of part of the Bill.

What interests me is what will happen in the event that the Government decide to drive through the Bill in its current form with the possibility that at some stage in the future, when we are all pushing up daisies, someone might come along and say, “We are going to develop more of this site”. As I understand it, apart from the protections which the Minister has referred to, along with the tight planning arrangements and highly restrictive covenants that might exist in terms of the land, there is the possibility that it might be decided to raise money by selling land for development. We may not be here, but we are making provision now for what is to happen over the next 150 years.

The questions I am about to ask might sound a little hysterical, but they are not beyond the bounds of possibility. In the event that a developer was brought in, would the land be tendered for? Could the land possibly go out to public auction? As long as the conditions of the covenants and the restrictions and the protections are in place, the land could still go to public auction. Alternatively, could this be decided by the board under private treaty arrangements? Is there the possibility of a clawback on profits made by developers in the form of some kind of betterment levy? How would the ground rents be set? If the board or the department had control of the ground rents, that might well be the way of influencing to some extent what might happen in the event that the land was used for residential development in the future.

Another question that has to be asked if housing development takes place at some point in the future is whether there would be a social housing component. I understand that the local authority is subject to the provisions that apply elsewhere in London. What about subleasing? Would the state in some way be in a position to approve the subleasing of the land? I did not altogether understand what third-party partnerships were when they were addressed by the Minister at Second Reading given that I was not able to be here. Is there an as-yet-unpublished internal development options document written on the basis of maximising the revenue within the planning constraints I have already referred to?

I have never visited the site, although I will. I only really learned about it last night at midnight when I sat up in bed to read the documents and looked it up on Google Earth. It is a vast site, and it was only when I saw the size of it that I realised that on its fringes there may well be the potential for development, which people in the future may grasp at because they need the money, because other budget arrangements are somehow contracting. If the Minister cannot answer my remarks today, I would be grateful if he would write to me.

Kew Gardens (Leases) (No. 3) Bill [HL]

Lord Campbell-Savours Excerpts

Report stage (Hansard): House of Lords
Wednesday 5th June 2019 Lords Chamber

[Viscount Eccles (Con)]

My Lords, the amendment is a little too restrictive on Kew, although I recall that at one time it had a plan, or at least a dream, to make available some of the properties for short-term accommodation for Kew’s partners when they needed to spend time in London and with Kew. However, to try to restrict the new power to residential property is going a bit too far.

[Lord Campbell-Savours (Lab)]

My Lords, I intervened in Committee and put to the Minister a series of questions to which I hoped he might give me the answers in writing. They have not come, so perhaps he might ask officials to consider the questions I asked during that debate.

The most important protection for the land at Kew Gardens has been the fact that leases could be granted for a maximum of 30 years. The moment you transform that system and change the arrangement such that you can grant leases of up to 150 years, you transform the discussion about the future of that land and its potential use by developers. Even though covenants and restrictions will be in place, developers will look seriously at the long-term potential of the use of the land.

The question for me is: what has been Parliament’s intention during the passage of the Bill? As I have understood it, it is to ensure that no commercial development takes place on the site and that residential development should be restricted to a very small proportion of the land. I am not convinced by that. Parliament is being naive in thinking that the position will remain the same for the next 150 years.

So last night, lying in bed at midnight—as happened on the previous occasion—I went through the documentation that the Minister has provided for us in the past week. That is the framework document, from which I want to cite a number of paragraphs in support of my case.

Paragraph 27.1 refers to a “light touch” annual review of the framework document. It then talks about three-yearly full reviews. What will happen at the end of three years, six years, nine years, 12 years, 15 years, 18 years or 21 years? At what stage do Ministers envisage being under pressure, because the Secretary of State retains powers in these areas, to change the arrangements for future development possibilities on that site?

Paragraph 28.2 confirms the sharing arrangements for developers’ gains—so in the framework document there is recognition that there will be developers’ gains in the future. I am sure developers will study that closely. It may be that, because the intention of Parliament is not altogether clear, lawyers pore over our debates. I am not a lawyer, but I am told that they often refer to parliamentary debates to try to identify what the intention of Parliament was when a particular Bill went through.

Paragraph 7.4 refers to a requirement on Kew,

“to maximise opportunities to increase income”.

Again, that is a pressure point on Kew to maximise income available from the site. In my view, it would be for the development of commercial and residential property.

Under paragraph 7.2, the Secretary of State can set conditions on grant-in-aid funding. In other words, they could pressure Kew to maximise alternative income streams when deciding on the grant-in-aid funding to be made available in any particular year.

Paragraph 21.1 emphasises the requirement for Kew to have regard to “efficiency, costs and resources”—again, that is a pressure.

In paragraphs 23.2 and 23.3, there is a requirement to avoid balances. Under the agreement as I understand it, Kew must not pursue a policy of having balances at the ends of years. In other words, it cannot save money in that way, which will in itself put pressure on resource availability—so much so that I believe that it will seek profits from the development of land on the site.

In paragraph 25.1, a process is set out for Defra’s approval of breaches of the MPM rules, guidance and advice, and in paragraph 9.2 there is a requirement on the Secretary of State to sign off land sales. This, of course, works both ways: it can put a block on sales, but on the other hand it could serve as a notice to future generations that in 2019 it was envisaged or foreseen that land sales would inevitably take place. The question is: what land? I am not suggesting for one moment that it will be land in the body of the site, but I believe that that site has rich future potential and that developers will look at it and argue that, on the periphery of the estate, particularly near the river, there is potential for substantial development.

In Committee, I pointed to a footage price for flats on the present market. Flats down there would sell, even in today’s market, at £1,500 per square foot. That property in the future, on the river at Kew, will fetch far more money than even today’s prices, because it will become prime property. Ministers have completely underestimated the pressure that will be put on the trustees and the people who will be running Kew in the future to maximise their profits through property development on that site. I heard nothing during the debate in Committee that in any way interferes with my view. I believe that that is what will happen, and what we have in the Bill offers insufficient protection, despite all the conditions that the Minister referred to in his responses on that previous occasion.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I am most grateful to noble Lords for their contributions. I well understand that the noble Baroness’s amendment seeks to restrict the application of the Bill solely to residential properties. It is true that the properties currently in the contemplation of Kew following the Bill are those seven residential properties that are either currently occupied on one-year assured shorthold tenancies or are vacant and require substantial renovation work. That is not to say that these are the only opportunities for Kew, but these are the definite properties that could immediately benefit from the Bill.

I know that noble Lords want only the best for Kew—I absolutely understand what the noble Lord, Lord Campbell-Savours, is saying. In both what I believe I put on record about the protections and, if I am permitted, in suggesting what might follow on the next amendment, Parliament is very clear about the requirement to protect Kew. However, I agree with my noble friend Lord Eccles that restricting leases to residential properties only would have a significant adverse impact on Kew’s ability to benefit from the Bill. All noble Lords have said that we have great trust in the current trustees but we are worried about what might happen in the future. The current trustees and executive feel very strongly that to restrict the Bill will not be helpful to Kew in the future. I want, therefore, to reassure the noble Baroness, Lady Jones of Whitchurch, and other noble Lords by setting out in more detail further properties that Kew might, for example, plan for the future.

Other properties will be considered for the possibility of the grant of a longer lease when opportunities clearly present themselves; for instance, if buildings become vacant and surplus to requirements. As noble Lords know, the care and protection of Kew’s collections is one of the primary duties of Kew’s board of trustees. The board must ensure that its collections are well managed, widely accessible and secure, and provide an optimum environment for scientific collaboration and discovery. This statutory duty will entail developing contemporary world-class facilities for the collections and science research at Kew Gardens, to provide a platform for collaborative, discovery-driven, botanical science to find solutions to the urgent challenges of climate change and biodiversity loss.

As these facilities are realised over the medium to long term, this could enable other buildings to be repurposed for a means appropriate to furthering Kew’s mission and statutory objectives. These other buildings could include office accommodation which becomes surplus to requirements or is in need of significant renovation. In such cases, Kew should be able to explore options that deliver the best possible return for Kew, whether for commercial or residential letting, and which can be reinvested to further its statutory functions.

One such opportunity is 47 Kew Green. This is currently an office building for marketing and commercial staff, albeit not fit for purpose as modern office accommodation and requiring significant renovation work. Should Kew identify alternative space for staff to move out of this building into more suitable accommodation, it would be faced with a choice of renovating the building itself or finding a suitable and sensitive lessee to take the building over and improve its condition. I should add that Kew is very clear that, even with renovation, this building would not be suitable as research facilities to further Kew’s purpose—investigation and research into the science of plants and fungi. Kew may not require the office building in the future, but, equally, preventing Kew leasing it out as a business premises would restrict it, even risking that building becoming obsolete. That is clearly one of the key aims that the Bill seeks to remedy.

Another possibility is Descanso House, a grade 2 listed Georgian building on the edge of the Kew Gardens site. It is not accessible to the public and is underutilised due to its condition. It is currently office accommodation for a small number of Kew staff, with a small office let to a Kew partner on a one-year lease. It is in urgent need of repairs. If alternative office accommodation could be found, this building could be considered for refurbishment, subject to listed building consent and in accordance with guidance in the Kew world heritage site plan.

To restrict the Bill to apply solely to the residential properties would not help Kew. On the basis that the protections are already in place, which I have set out at great length—and, if I may be permitted to say, I believe those protections will be considered in the next amendment—there is no reason to distinguish between residential and commercial leaseholds. From my experience of other large estates such as Kew, I would expect a mix of leasehold lets.

I will look into the points raised by the noble Lord, Lord Campbell-Savours. I recall committing to write on the specific issue of the car park. A copy of that letter should have been placed in the Library and sent to all noble Lords, but I will check. I know I signed the letter, so I am confident that—

[Lord Gardiner of Kimble]

I will look at Hansard again, because if the noble Lord, Lord Campbell-Savours, thinks that I have not attended to other matters, I of course shall.

On the question of the framework document, Kew is protected but it is absolutely essential that there is rigour in that document, given the use of public money, over the arrangements between the sponsoring department and Kew. All noble Lords would be displeased if there were not confidence that there was rigour in the custodianship of public money. I do not resile from the fact that it is important that there is this arrangement between Defra and Kew. From my experience, the relationship between the two is proper, but with a mutual respect that we understand absolutely the functions that the trustees and the executive undertake on our behalf.

[Lord Campbell-Savours]

The Minister has to accept that what we are discussing today in the Bill is on the basis of the framework document that we can now see. We do not know what the framework document will say in 15 years’ time, yet we are carrying the Bill today.

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[Viscount Eccles]

My Lords, I very much support Amendments 2 and 3 from the noble Lord, Lord Whitty. Proposed new subsection (3)(b) refers to,

“the ability of the Board of Trustees … to carry out its functions under section 24 of the … Act”.

The first of these functions is to,

“carry out investigation and research into the science of plants and related subjects, and disseminate the results of the investigation and research”.

That is a very widely drawn function. It was drawn that way because, when the draftsman drew up the 1983 heritage Act, he discussed what Kew was doing and was looking for continuity. He was not looking for change.

The point I want to stress concerns the related subjects. In a period of climate change, biodiversity problems and environmental problems, the status of and the concentration on related subjects will change. Kew could help us, particularly with some of the points raised in the course of the Bill, if it gave its interpretation of its policy at a given moment in relation particularly to this first function, but indeed to all of them. The rest are a little easier to interpret. At the moment, in its annual report Kew states these functions, but says nowhere what it has concluded these functions mean it should be doing.

As has been said, completely correctly, Kew is constrained by its resources, particularly money, and by all sorts of history and agreements. It is in a context. If Kew wishes to explain how it sees that context, it should set it out. I hope that my noble friend, in his conversations under the Memorandum of Understanding or in any other way, will seek agreement from Kew that it will volunteer its own policy approach to the functions in Section 24.

[Lord Campbell-Savours]

My Lords, I obviously support any amendment that in any way restricts potential future development, but I want to clarify how, in my view, these amendments will be interpreted. If a developer surfaces who wants to build a block of flats on the edge of the Thames, who can go through the planning hurdles and all the covenants and somehow satisfy all these restrictions, he is left with this final restriction:

“The Secretary of State may grant a lease in reliance on subsection (1) only if satisfied that the lease would not have an adverse impact on”,


paragraphs (a) and (b). Would a block of flats on the Thames have an adverse impact on,

“the outstanding universal value of the Royal Botanic Gardens, Kew, as a World Heritage Site”?

I can see lawyers on behalf of applicants going to an inquiry and saying, “We don’t think it will have any adverse effect. We are not in any way interfering with the heritage site. It might even enhance it, because it is a beautiful block of flats. It’s some of the finest accommodation in the country and fits nicely into the Kew Gardens arrangement”.

Secondly, in relation to,

“would not have an adverse impact on … the ability of the Board of Trustees of the Royal Botanic Gardens, Kew, to carry out its functions under section 24 of the National Heritage Act 1983”,

I cannot see how building a beautiful block of flats on the side of the Thames could in any way have an adverse impact on the,

“ability of the Board of Trustees to carry out its functions under section 24 of the National Heritage Act 1983”.

In the future, lawyers may drive a coach and horses through those words. I still support them, because at least someone is trying to introduce some restrictions.

I am sure the Minister was very pleased when he had to deal with this amendment because his officials may well see the dangers in the amendment that I see. We support it because it is a little shift in the territory—at least lawyers in the future will have to argue their case before some kind of inquiry. That is my case. I support the amendment but with huge reservations.

[Baroness Jones of Whitchurch]

My Lords, I was pleased to add my name to these amendments and to hear the support that the Minister has now pledged for them. I am thankful to my noble friend Lord Whitty for the well-crafted words he put forward, which seem to be receiving widespread support around the Chamber.

In contrast to my noble friend Lord Campbell-Savours, I argue that it provides a double lock on future extended leases because, first, they must not endanger Kew’s status as a UNESCO world heritage site. UNESCO does not grant world heritage site status lightly; it looks at integrity, beauty and function. Before a block of flats was even built in the middle of Kew, UNESCO would have made its views very clear. Having looked at the UNESCO judgment on Kew, I was very impressed by the detail it went into before it made its final recommendation about world heritage status. I am pretty confident that it would intervene before anything that would be considered a scar on the site was allowed to be developed.

Secondly, the National Heritage Act 1983 states that development must not endanger research, education, open scientific access and public enjoyment of the site. The public enjoy visiting Kew because it is such a beautiful site. I think the comments we have made in the Chamber would be echoed and magnified if we asked the public what they thought should happen on that site. I am sure they would have very strong views and would be quite conservative about any proposed developments. I have more confidence than my noble friend Lord Campbell-Savours that the provisions about UNESCO and the National Heritage Act provide the reassurance for which we are looking.

Of course, nothing is ever watertight—as we said in the previous debate, lawyers will pore over the wording, the intent of our discussions and so on—and we cannot legislate for the future or the difficult choices that the trustees and the Secretary of State may face. I accept that this is a compromise, but these amendments go as far as could reasonably be expected at this time. This is a good way forward and I am grateful that we have resolved this matter so effectively.