Open Spaces Society

The Open Spaces Society, which is based in Henley, is celebrating after an amendment to the Planning and Infrastructure Bill, proposed by Lord Banner and others, was dropped.

The amendment aimed to remove long-standing public rights on green spaces when the land is sold by a local authority. It was debated in the House of Lords on Monday last week but not then moved.

The Open Spaces Society, which campaigns to protect open spaces, had urged peers to oppose it and is relieved that the amendment was not pushed to a vote.

Opposing the amendment, Baroness Young of Old Scone said: “This amendment has caused substantial concern that it erodes the protection of green space and removes long-standing public rights of green spaces, where the land is sold by local authority, with or without consultation.”

She countered Lord Banner’s assertion that judicial review was a solution for the aggrieved public, saying that this “misrepresents the position of many local communities, which are absolutely incapable of bringing a judicial review, either by degree of organisation or financially”.

Baroness Bennett of Manor Castle said that from the late Seventies to 2019, 10 per cent of what was public land in Britain was transferred into private hands, two million hectares of land. She added: “This would be yet more loss of public good for private profit.” Peers from all the main parties spoke in opposition.

Baroness Taylor of Stevenage, the Lords Minister for Housing and Local Government, responded: “Open and green spaces, including public parks, are an essential part of local social infrastructure.

“They are the lifeblood of local communities. When people are asked what they value about their local area, parks and green spaces are consistently cited as a priority, particularly for those living in urban areas.”

She said that the Government was “announcing a wider review of existing protections”, so that communities, local authorities, and developers can have clarity about when and how land is protected.

Baroness Taylor said: “We will aim to bring coherence to the legal framework, making protections more transparent and accessible, so that communities can protect their most valued open spaces.” She also said that “the duty to consult before disposing of land subject to a statutory trust remains an important safeguard”.

In response, Lord Banner did not move his amendment.

Kate Ashbrook, general secretary of the Open Spaces Society, said: “This is a significant result. We believe that, if the amendment had been passed, many open spaces with rights of recreation could have been lost without local people knowing that their rights were at risk.

“We look forward to discussing how the law can be clarified while ensuring that the protection of green spaces is not weakened in any way. We are deeply grateful to all the peers who spoke against this deeply damaging amendment.”’