Localism Bill

My Lords, I thank both noble Lords for their points on this matter, to which I shall respond briefly. The noble Lord, Lord Greaves, referred to Amendment 133A, but I think we should be referring to Amendment 133E. The amendment would remove the time limit all together. We do not think that this is a good approach because a fixed-term listing will ensure that assets do not remain on the list when they are no longer considered to be of community value. Under Amendment 134, rather than a fixed period of five years for listing, the local authority would be able to remove the asset from the list at any time but no later than five years after listing. Amendment 135A would introduce different fixed terms for listing depending on the type of asset in question. Both amendments would have an unwelcome effect. They would make it unclear to community groups how long the listing would last and on what basis it could be brought to an end—consequently, reducing the transparency of the whole process. Under our proposals the fixed term will apply unless the site is sold in the meanwhile or the local authority changes its decision on review of the listing. Amendment 135 would remove the power for the Government to change this period by order after the Act comes into force. We oppose this because the power will enable Parliament to review the five-year limit in the light of experience. The noble Lord, Lord Howard, suggested that this would require primary legislation but as things are in the Bill at the moment it would have to come back to Parliament without ever introducing primary legislation but on secondary legislation. We will also want to take account, for example, of the frequency with which listed assets come on to the market and how often communities wish to re-nominate assets that have changed hands. In answer to the question asked by the noble Lord, Lord Greaves, yes, after five years an asset can be put back on the list but only if it is re-nominated and again goes through the process of the local authority having to judge whether the asset still meets the definition. The noble Lord, Lord Howard, asked whether the change of the five-year period and the period that land is listed would affect sites already listed. The answer is no. A change would affect only land listed after the change. I hope that that answers the questions and satisfies both noble Lords for at least the time being. I ask that noble Lord to withdraw the amendment.