Localism Bill

My Lords, I welcome much that the noble Baroness said about the Government’s willingness to look at the particular circumstances that may arise, for example, in the sale of going concerns and where the community asset is a small part of a larger concern. These issues have certainly raised great concerns, and I would like to add another. I am not sure that I need to declare an interest but I shall do so just in case. I chair the eco-town strategic partnership in the St Austell area, a wide area of mining land which was mined formerly by English China Clays and more recently by Imerys. Over many years the policy of past and present mining companies in the china clay area has been to open large areas of land to community access, but always with the proviso that it might be worked in future. That is not a bad example of the concern that I want to put to the Minister about the deterrent effect that this policy—a policy which, broadly, I very much support—could have on landowners of that sort in opening up land to community use, whether for walking, riding, cycling and so on, if it were severely to limit their ability to sell and dispose of the land as part of the operation of their business. My fear is that, as things stand, it will simply freeze in aspic the current position on community access as people would be able to argue that access already exists and to list it. Equally, in terms of new community access, it is in the nature of mining land that the areas which may be accessed by the public will change over time depending on where the workings are and where land restoration has taken place following tipping. I can see this creating a substantial block to opening up land for future community use. The same may well apply to the farmer who very willingly allowed a corner of his land to be used by the cricket club. That usage now exists and a listing could be applied for. It could also create a substantial deterrent to any landowner opening up land for such use in future. I am very much in favour of the idea that we should register assets of community value—which clearly applies to things like village shops, community halls and so on—but I am concerned about how to ensure that the creation of new community resources is not blocked by the fear that these elements will be applied. I have one more question; I should already know the answer to it, and no doubt there is an answer. What is the position when the sale of land options—which are usually bought because planning permissions might be granted—in practice trumps these proposals to register community assets? I wonder whether the purchase of an option in any sense triggers this process.