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Levelling-up and Regeneration Bill

I am sorry about this; I did not realise that my amendments would be grouped so closely together late at night. I shall be speedy on Amendment 300. I declare my interest as chair of the Woodland Trust.

Had this group been at a different time of day, I would have started by saying, “Long ago and far away —I want to tell you a story”. But it is long ago and far away, because, during the passage of the Environment Act 2021, which is quite long ago and far away, I pressed the Minister on better protection of our scarce and precious resource of ancient woodland—the last remaining fragments—from development which might damage or destroy them. Ancient woodlands have literally no statutory protection, other than some very general admonitions in the National Planning Policy Framework. If I recall correctly, these are in a footnote, just to add insult to injury—that is the only protection for ancient woodland.

The evidence of the need for better protection for ancient woodland is clear. Currently, 800 cases of threats to damage or destroy ancient woodland are in the Woodland Trust’s register. The second Thames

crossing will again potentially impact on a large number of ancient woodlands—that is one example of where infrastructure development is a particular issue.

The importance of protecting ancient woodland has been enunciated in this Chamber many times, but the evidence is amassing even further. It has now been demonstrated that ancient woodland continues to sequester carbon, for example, even when it is fully grown and ancient, so our ancient woodland is a really important carbon sequestration resource. It is only 25% of all woodland in Britain, but it holds 36% of the woodland carbon. In addition, ancient woodland is now recognised as our richest habitat for biodiversity. If you want a good read, read the Woodland Trust’s report on the state of woods and trees, which has lots of interesting facts—one of them is about just how crucial for biodiversity ancient woodland is.

On 26 October 2021, during the passage of the Environment Act that I referred to, the Government promised—they had already done so in the Commons—to do a number of things to strengthen ancient woodland protection. The promises were threefold. First, they promised

“a review of the National Planning Policy Framework to ensure that it is being implemented correctly”.

This was to track that it was doing what it said on the tin to protect ancient woodland. If it was not being sufficiently protective, they committed to

“strengthen the guidance to local planning authorities to ensure that they understand the protections provided to ancient woodland”.

Secondly, the Government promised to

“consult on strengthening the wording of the National Planning Policy Framework … to ensure the strongest possible protection of ancient woodlands”.

The third thing they promised, which I think is the most important, was an undertaking to

“amend the town and country planning (consultation) direction to require local planning authorities to consult the Secretary of State … if they are minded to grant permission for developments that might affect ancient woodland”.

That would give the Secretary of State the opportunity to have a quiet word behind the bike sheds or, at the very most, call it in for a Secretary of State decision. That, for me, was absolutely splendid, and I waxed lyrical in the Chamber about how happy I was with those assurances.

At that point, the Minister assured the House that

“these measures will be undertaken in a timely manner, working hand in hand with the forthcoming planning reforms”.—[Official Report, 26/10/21; col. 706.]

A year and a half has passed, and many of the “forthcoming planning reforms” are still forthcoming. In particular, there is no sign of the amendment to the town and country planning (consultation) direction. Discussion on all three of the promises the Government made at that time has ebbed and flowed as Ministers and civil servants have ebbed and flowed. We are still told that they are live promises, but they are not terribly live. So I decided that I would, on this occasion, help the Government out by putting the consultation direction change in this Bill. It is the only planning Bill that we are likely to have for some considerable time.

For me, the most important thing about the amendment on the town and country planning (consultation) direction is that if local planning authorities have to refer to the Minister if they are thinking about impacting on ancient

woodland in any development, it will make them think twice. Very often, with ingenuity and good will, local authorities can work with developers to ensure that the damage that might occur to ancient woodland simply does not happen; it is not beyond the wit of man. The work that the Woodland Trust has done with HS2 has not solved all the problems of driving a fast rail route through ancient woodland, but it has resulted in a reduction in the number of ancient woodlands impacted—although there is much more that HS2 can do.

All those promises were made, but they have not happened. I am really embarrassed about the effusiveness with which Hansard on 26 October 2021 shows I thanked the Minister, but I did stress that, once the amendment to the consultation direction had been made, I hoped that the Secretary of State would take the new call-in duty very seriously. We have not had a chance to find out yet whether it will be taken seriously, because the consultation direction change has not yet happened. I hope that the Minister and the Government will feel able to support this amendment to bring in better protection for important and threatened ancient woodland, as was promised in both Houses a year and a half ago. I beg to move.

Type
Proceeding contribution
Reference
829 cc1630-2 
Session
2022-23
Chamber / Committee
House of Lords chamber
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