Baroness Taylor of Stevenage (Lab)

My Lords, I will begin with Amendment 191. This seeks to remove Clause 83, which provides Natural England with powers to compulsorily purchase land to carry out functions under Part 3. To secure a win-win for nature and the economy, Natural England needs to have the necessary powers to bring forward the conservation measures needed to secure environmental protection while enabling Britain to get building. I know that the availability of compulsory purchase powers is a concern for some in this House, which is why the Government have taken a suitably cautious approach to the provision of such powers under Part 3. But we are clear that CPOs should be available to Natural England, subject to approval from the Secretary of State, where they are needed to secure land that is necessary to deliver conservation measures required under an EDP. This is not, as some would portray it, a power grab for Natural England, but part of a package of measures in the Bill that will ensure that the necessary conservation measures will be delivered. While the Secretary of State would approve the use of such powers only where they were truly necessary, we believe that they need to be available to ensure that important conservation measures are not prevented from coming forward. On this environmental basis, I hope the noble Lord can see why such powers are necessary and will agree not to press his amendment. Amendments 153 and 160 from the noble Lord, Lord Roborough, would require Natural England to return any land obtained under a compulsory purchase order under two situations. The first situation would require land to be returned where Natural England has used CPO to purchase land that is then not required as the Secretary of State has subsequently chosen not to make an EDP. I assure the noble Lord that this situation will never arise, as Natural England is unable to use these powers before an EDP has been made by the Secretary of State. The second situation seeks for land to be returned in the event that an EDP is revoked. It is important to recognise that, in the unlikely event that an EDP is revoked, the Secretary of State is required to take proportionate action to ensure that the impact of development that has come forward under the EDP is materially outweighed, in line with the overall improvement test. It is not the case that, where an EDP is revoked, conservation measures can then be discontinued. Where an EDP is revoked, it will be because the Secretary of State no longer considers that it would meet the overall improvement test. It would therefore be environmentally reckless to require the land to be returned in this scenario, given the ongoing need to outweigh the impact of development. To do so would risk removing vital conservation measures and increasing the need for remedial action that would need to be funded by the taxpayer. Amendment 190 would restrict Natural England’s ability to use CPO powers for land that is part of a private dwelling. I assure noble Lords that the powers being granted to Natural England are not a licence to turn private gardens into nature reserves. As I have set out previously, these powers are there to provide certainty that, where necessary, Natural England can purchase land in this way. However, we recognise that CPO is a significant tool. That is why it is ultimately a decision for the Secretary of State whether the public benefits of the CPO outweigh the interference with individual property rights and whether there is a compelling public interest in making the CPO. This important safeguard ensures that the use of these powers comes with appropriate oversight. Noble Lords will be aware of existing protections around private dwellings granted by the Human Rights Act. Amendment 252, again tabled by the noble Lord, Lord Roborough, would require Natural England to return any land obtained through compulsory purchase orders where the value of the work carried out exceeded the price of the original contract offered to the landowner. To secure the successful delivery of the new strategic approach, we must ensure that Natural England has sufficient powers and resources to deliver the necessary conservation measures. We expect Natural England to consider using compulsory purchase powers only once other options to acquire the land have been exhausted. Where land is acquired by compulsory purchase, this will be subject to appropriate scrutiny and oversight—including authorisation by the Secretary of State—and the landowner will receive compensation, in line with the existing approach. The price paid to the landowner if the land is compulsorily acquired is not linked to the value of any contract proposed by Natural England prior to a CPO being taken forward, but will reflect the fair market value of the land. This approach to valuation is common across different CPO powers and is not specific to EDPs. When land is acquired by this route, Natural England will use the land to deliver conservation measures required under the EDP. The cost of these measures may vary for a number of reasons, and it is conceivable that Natural England may be able to use the land to deliver a range of conservation measures linked to different EDPs. As well as undermining the ability of EDPs to meet the overall improvement test, requiring land to be returned in this situation would expose taxpayers and developers to increased costs and would require Natural England to monitor the value of contracts associated with the land for potentially up to 100 years, with land being returned, potentially at increased value, at any point over that period. I recognise that the use of compulsory purchase powers is an issue close to the heart of many noble Lords. However, I trust that noble Lords can recognise the need for these targeted powers and can appreciate the safeguards established through the Bill. Finally, Amendment 189A would require the Secretary of State to permit a landowner to make written representations before any decision on whether to approve a compulsory purchase is made. As part of this amendment, Natural England would be required to inform landowners that this option is available and provide all parties with the necessary information. I can reassure the noble Lord that the important protections in his amendment already apply in the Bill. Paragraph 1 of Schedule 5 specifies that the provisions of the Acquisition of Land Act 1981 apply to compulsory purchases made by Natural England under Clause 83. Sections 12 and 13A of that Act include provision for the notification of affected landowners as well as the ability of objectors to submit representations to the confirming authority, in this case the Secretary of State, either in writing or via a hearing. With this explanation, I hope that the noble Lord will withdraw his amendment.