Localism Bill

My Lords, I welcome the opportunity to respond to these amendments and the balanced way in which the arguments have been presented to the Committee. Of course, I speak for Her Majesty’s Government and not one particular department. I know that the system for registering new town or village greens is a matter of rising significance to those of us interested in development sites, as well as to local authorities in their role as commons registration authorities. As I shall explain, it is also a matter of considerable interest to this Government. We recognise the value of the town or village green registration system in safeguarding traditional open spaces in local communities. Government surveys show an increasing trend in applications during the past decade, although not all of these applications are granted. The noble Lord, Lord Greaves, suggested that problems were not widespread, although he agreed that they could be serious. Around 200 applications are made every year to register land in England as greens. The volume of applications, the character of application sites, the controversy which such applications often attract, the cost of the determination process on parties affected and the impact of a successful registration on the landowner are all matters of serious and increasing concern. We are well aware of the difficulties that some registration applications can cause where an application is made in response to advance plans for the development of a site. However, we also appreciate the importance that local communities can place on an open space as well as new development. We understand that there must be confidence that the relevant decision-making processes are working coherently in the interests of the community as a whole and not just in those of a minority. The natural environment White Paper announced that we will consult on proposals for a new green areas designation that will give local people an opportunity to protect green spaces which have significant importance to their local communities. We are considering what changes to the greens registration system are required in connection with the new designation as a response to the Penfold review, which recommended changes to the registration system to ease non-planning impediments to development. Amendment 148ZZBB in the name of my noble friend Lady Byford would give the Government powers to achieve a sharper focus in the criteria for registering greens. I have some sympathy with the purpose of the amendment, which could help to address some of the cases where applications have been used as a last resort only to delay development, such as my noble friend has described to us. The noble Lord, Lord Best, asked a question about rural housing. We share the concerns of my noble friend Lady Byford and the noble Lord, Lord Lucas, that the green registration applications can have an unfortunate deterrent effect on the provision of land for rural affordable housing. We are actively looking at whether amendments to the registration criteria are needed. We shall want to hold discussions with those with an interest in our proposals before concluding on the nature of any legislative changes. Legislative changes may be necessary. My noble friend Lord Greaves is right: the registration of a green is indeed a matter of fact. The criteria against which registrations are considered are set in law. There is no discretion. Local communities have no say in whether registering land as a green is desirable or not. Amendment 148AG in the name of my noble friend Lord Lucas would enable a neighbourhood plan to designate town or village greens but would block the registration of new towns or village greens that had not been so designated. I appreciate why my noble friend has neighbourhood plans in mind when thinking about protecting green areas. We propose that the green spaces to be protected by the new green areas designation can be identified by local communities through their neighbourhood plans. As I have said, we are looking at whether changes to the registration criteria for town or village greens are needed. I should add that we have no plans to weaken protection for existing registered greens, as his amendment would appear to do. Amendment 170CK in the name of the noble Lord, Lord Best, is quite specific in tackling some of the concerns of local authorities that deal with greens applications. Here, too, I say to the noble Lord that we understand the frustration experienced by local authorities and others in dealing with certain greens applications, which may be seen as a last ditch defence against development. I believe there is a consensus that local authorities should be able swiftly to reject vexatious applications. We are certainly looking at that. However, I am not confident that this amendment necessarily adopts the best approach in every case. We certainly do not think it is right to open existing registrations to re-examination, as the proposed new Section 15A would do. However, we are actively reviewing the way in which new greens are registered. My noble friends and the noble Lord may feel that we have taken too long over our deliberations on whether changes to the registration criteria for town or village greens are needed. I agree with them, but I very much hope that we shall be able to announce our conclusions later this summer, and that my noble friends and the noble Lord will see that those conclusions respond to many of the concerns raised tonight. Given this assurance, I hope that the amendment can be withdrawn.