Growth and Infrastructure Bill

Debate between Damian Collins and Hilary Benn

Monday 5th November 2012 Commons Chamber

[Hilary Benn]

My hon. Friend is absolutely right, and that is why those who care passionately about the national parks are so concerned about the clause.

Secondly, the Secretary of State said that the clause would make no change to the power of planning authorities to object. I draw his attention, however, to the Department for Culture, Media and Sport press notice of 7 September, which says that the Government will legislate to do a number of things, one of which is to ensure that

“broadband street cabinets can be installed in any location other than a SSSI”—

in other words, in national parks and areas of outstanding natural beauty—

“without the need for prior approval from the local council”.

The notice then goes on to say, in paragraph 5(c), that

“overhead broadband lines can be installed in any area without the need for planning or other permission”.

No wonder there is great confusion and concern about this clause, because it is not clear what the Government’s policy really is. Section 109 of the Communications Act 2003 refers to the use of “electronic communications apparatus”, not “broadband boxes and cabinets”. I listened carefully to the Secretary of State, and he did not give one single example—again, there was no evidence—of the problem specifically in relation to national parks and areas of outstanding natural beauty. As he should know, the national parks want broadband to be rolled out, but they want it to be done in the right way. I can give him lots of examples of national parks authorities that are taking precisely this approach, but here is just one: in the past five years, North York Moors national parks authority has approved 94% of planning applications and notifications for telecoms equipment. Where is the problem and where is the evidence? In the light of this, I can entirely see why the English National Park Authorities Association and the Campaign for National Parks want the clause removed. The current protection to which the Secretary of State must have regard—conserving the beauty of our national parks and AONBs—cannot be allowed to be undermined by the Government’s desire to look as though they are doing something about growth.

The Secretary of State used to boast that he was protecting village greens, but his proposals will make it much more difficult for people to register them. For instance, there is the positively Kafkaesque proposal that the moment a planning application is published, someone can no longer seek to register a green. Since the first that most people will hear of an application is when it is published, this seems to be a pretty clever way of stopping people exercising their rights, unless they happen to be mind readers. In a very small number of cases there is a problem—that is why we published the consultation paper when we were in government—but this is a heavy-handed, disproportionate and clumsy measure, and we will table amendments in Committee to create a more balanced way forward.

[Damian Collins (Folkestone and Hythe) (Con)]

Does the right hon. Gentleman recognise, as many of us do, that the provision for registering village green status is routinely used by people who are serial campaigners against any type of development in their area and causes huge delay and cost in the planning system?

[Hilary Benn]

Having looked at this when I was Secretary of State, I recognise that there are some such cases, but there are also lots of others where the provision in the Commons Act 2006 is used quite properly to protect in perpetuity the public’s use of green space—village greens and so on—which they have had the right to enjoy for many years. Like lots of things, it is about getting the balance right, and this clause, as formulated, has not got it right; that is certainly the view of the Open Spaces Society.

I listened very carefully to what the Secretary of State said about delaying business rates revaluation. We all want to support measures that will help businesses at a difficult time, but we will want to scrutinise this in Committee to understand the balance of the argument. It would be extremely helpful—I put this to him in all sincerity—to see his and the Department’s assessment of who would gain and who would not, because a lot of businesses are saying that an earlier revaluation would help them. It would also be of assistance if he could set out the impact of a change on the finances of local authorities now that the Local Government Finance Act 2012 is on the statute book.