Housing and Regeneration Bill

Two important debates have also been raised on these amendments. I am very happy to reply and to give assurances in both cases. On AONBs, an issue raised by the noble Baroness, Lady Miller of Chilthorne Domer, there is nothing in the Bill that lessens the current levels of protection that these special kinds of land enjoy. I am grateful to my noble friends for pointing out the ways in which they are special and precious to us. Any development in which the HCA is involved will be subject to the planning system. It is highly unlikely that it would want to develop land in an AONB, national park or even on open spaces, village greens, common land or allotment. In the very unlikely event that it did, it would have to secure planning permission in the normal way. It has to fully respect the protection afforded to those types of land. As the noble Baroness knows, there are very strong protections around our national parks and areas of outstanding natural beauty. Our planning statement PPS7 states that they have the highest status of protection in relation to landscape and scenic beauty. The conservation of the natural beauty of the landscape and countryside should therefore be given great weight in planning priorities and development control decisions in these areas. The conservation of wildlife and the cultural heritage are important considerations. They are a specific purpose for national parks, where they should be given a great weight in planning policies and development control decisions. That is completely unchanged and uncompromised by the Bill. Indeed, as well as reflecting these priorities, local development documents and regional spatial strategies should also support suitably located and designed development. The HCA could be involved in helping to deliver that. The Bill does not give it any right to override those existing protections. As I have said, major developments should not take place unless there are exceptional circumstances. PPS7 also states that because of the serious nature of the effect that major developments may have on these areas of natural beauty, and taking account of the recreational opportunities they provide, applications for all such developments should be subject to the most rigorous examination. They should be demonstrated to be in the public interest before being allowed to proceed. These are very specific and robust protections. However, the noble Baroness raised an issue that I would like to take away. As constructed, the amendment relates to the Commons Act, which provides for better protection of common land and village greens by streamlining the consensus system for works and fencing on commons. It ensures that existing statutory protections are applied consistently, including reinforcing existing protections against abuse, encroachment and/or unauthorised development. That would apply equally to any development involving the HCA. The noble Baroness has prompted me to consider whether we may need to look again at the provisions in this proposed legislation where the HCA seeks to develop special land in relation to the provisions of the Commons Act 2006. We obviously need to be absolutely certain that we have got this right and I am going to look again at those provisions to make sure that the protections are maintained. Turning to the amendment in the name of the noble Lord, Lord Greaves, again there is no question that the creation of the HCA and its powers somehow threatens the green belt. I am absolutely delighted to be able to make clear, once again, that the green belt gives important protection to the countryside. The housing Green Paper and the planning White Paper reinforced the Government’s commitment to the key principles of the green belt, and we have no plans to change our policy on it. As the noble Lord, Lord Greaves, said, it has helped to check the sprawl of large built-up areas and helps to protect the countryside. I remember seeing a map showing the implications for the south-east had the Town and Country Planning Act 1947 not been in force to create such protections. There has been an overall increase in green-belt land since 1997 by 64,000 acres. Progress was monitored in the period 2003-07. Excluding the 47,300 hectares designated as national park in 2005, the total green belt increased across England by 11,400 hectares. The point is about whether the HCA is involved. There is a general presumption against inappropriate development except in very special circumstances. The involvement of the HCA would certainly not constitute a very special circumstance. It will have no role in reviewing green-belt boundaries. I must make clear too that such boundaries are a matter for local planning authorities and regional planning authorities. They can be changed only in exceptional circumstances and after public consultation through the development plan process. Nothing in the Bill will alter that. I hope on that basis that the noble Baroness will feel that she can safely withdraw her amendment.