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Lord Banner (Con)

Speaking in the House of Lords on 5 March 2026

Debate

English Devolution and Community Empowerment Bill

Contribution

My Lords, I am thankful for the comments and to all the contributors to this debate. I emphatically endorse the comments of the noble Lord, Lord Grabiner, that the issue this amendment presents is separate to the wider protections of parks and open spaces that are to be the subject of the review mentioned. The substantive content of the trusts in question, the protections they place on development spaces when the trusts are in force, are unaffected. The law in relation to registered parks and gardens, national parks et cetera are unaffected. Planning policy in relation to open spaces is unaffected. All those matters may be the subject of the future review. This amendment concerns one issue alone, which is that the Local Government Act 1972 already allows for the relevant trusts to come to an end upon the sale of the land if there is advertisement of two weeks, which is half the level of advertisement that this amendment proposes for the context that we are dealing with. All that we are dealing with here is what happens either when the original sale was not advertised or the evidence is unclear as to whether it was. How do you rectify the situation? The answer is that you double the advertisement later. What possible complaint can there be that there is insufficient consultation of advertisement, when you get twice what the law already provides for to discharge the trust at the time?

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