I beg to move Amendment 349, in schedule 27, page 265, leave out lines 1 to 8.

This amendment would remove the provision for assets of community value to be removed from the list of assets of community value after five years.

With this it will be convenient to discuss the following:

Amendment 350, in schedule 27, page 265, leave out from “value” in line 10 to “the” in line 11.

This amendment is consequential on Amendment 349.

Amendment 351, in schedule 27, page 265, leave out lines 13 to 15.

This amendment is consequential on Amendment 349.

Amendments 349 to 351 concern the rules around assets of community value. The designation of a building such as a pub, community shop or village hall, or even a piece of land like a community orchard, as an asset of community value allows local people to protect the places that play an important role in their community. They are often linked to wellbeing and social cohesion. The intent behind the original legislation was to give communities a real say on places that matter deeply to them, particularly when they are at risk of being sold or redeveloped.

There is, however, a flaw in the current system. Under existing law, once an asset is listed on the register by a local authority, it automatically drops off the register after five years. This creates a huge burden not only on the local community, including local community groups and parish and town councils—as they have to jump through bureaucratic hoops to resubmit the application to the local authority—but on the local authority itself, as the application has to go through its legal department and be scrutinised once again. In the time it takes for that to happen, a cherished community asset might be sold off.

Like sporting assets of community value, these important buildings and sites must remain on the list of community assets. Amendment 349 would remove the automatic five-year expiry for assets of community value for all buildings and places on that list. It would mean that, once an asset is listed as being of community value, it will stay on the register indefinitely, unless there is a clear reason for it to be removed.

The amendment would shift the burden from communities to maintain protection for something that is still vital to local life. I had an experience in my Constituency where one of the village pubs, which had been put on the register of assets of community value, dropped off the list during covid. Obviously, we were all preoccupied with the pandemic, and we only realised later that it was not protected any more.

Amendments 350 and 351 are consequential to amendment 349. In a way, these amendments would also take away the burden on local authorities that have to assess the application once again. This change matters because reapplying is not a simple process; it takes time, organisation and paperwork, and it is handled by volunteers who may have limited capacity and resources. Removing the time limit for all assets of community value would mean that we provide continuity of protection and reduce unnecessary bureaucracy for both communities and local councils. It would also recognise that community value does not just disappear after a few years. A local pub or Post Office that was vital to a community in 2019 is still vital in 2025.

In our view, these amendments sit entirely within the spirit of the Bill by giving communities more tools to strengthen local decision making, and not limiting them with arbitrary timeframes. I urge the Minister and the Committee to cut the red tape and strengthen local power, and I ask her to consider reviewing the time limit.

I thank the hon. Lady for tabling these amendments. We absolutely want to ensure strong protections for assets of community value, and the five-year listing period recognises the need of the community in that period of time. We also recognise that the need and desire of the community may change over time. Something that is an asset of community value in year one might not be an asset of community value in year six or seven. This allows a review process to happen.

We are also trying to balance the protections that we absolutely want to give to communities with those of the asset owners, and to ensure it is proportionate. We think that five years is a fair balance between both parties. I am also mindful of the risk that if we designate assets of community value permanently, local authorities may be incentivised to take tougher judgments on requests from communities to list assets of community value. On balance, when we think about the incentives to create more assets of community value, protections that we need to give to communities and protections for the asset owners, five years feels like the right amount of time to allow the system to operate in a way that is fair for all parties. For that reason, I urge the hon. Member for Stratford-on-Avon to withdraw her Amendment.

Would the Minister consider looking at extending that five years to give a bit more time to the community to—

Order. The Minister has already spoken. You are just winding up.

Okay. I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment 34, in schedule 27, page 265, line 41, after “economic,” insert “, environmental,”.

This amendment would require environmental interests to be considered as a criterion for establishing a local authority’s area as land of community value.

With this it will be convenient to discuss the following:

Amendment 35, in schedule 27, page 266, line 4, after “economic,” insert “, environmental,”.

See explanatory statement to Amendment 34.

Amendment 36, in schedule 27, page 266, line 12, after “economic,” insert “, environmental,”.

See explanatory statement to Amendment 34.

Amendment 37, in schedule 27, page 266, line 18, after “economic,” insert “, environmental,”.

See explanatory statement to Amendment 34.

These amendments are interlinked. First, I would like to speak in support of the Bill’s provisions to protect assets of community value under the new sporting category. Those are important, and we are all delighted to see them in the Bill. These are key community hubs, including for our grassroots sports clubs and particularly for our young people. They play a fundamental role in building local pride, building engagement and developing young people’s skills. I thank the Government for these welcome provisions.

In that context, the Bill’s exclusion of environmental assets of community value seems stark. Social, economic and environmental impacts are often grouped together in legislation, and yet although sporting assets have been added to the group of possible categories for an asset of community value, environmental assets have not. The environmental impact is absent. We can only assume that exclusion is a protection against environmental considerations being used as a mechanism to prevent development. Perhaps the Minister can explain that in her response. This seems needlessly reductive, because the positives outweigh the negatives, and the negatives can be mitigated if there is a concern.

There is widespread support for these amendments. We worked on them with Locality and the Community Land Trust Network, in conversation with them I heard about sites all across the country that could be protected. I am sure that Members can think of many examples in their constituencies. Given the value of environmental conservation—the value of nature for its own sake, as well as its benefits for public health and mental health—we ask the Minister to consider including provision for considering environmental impact in assets of community value. It would be of huge value to my constituents to be able to ensure that measures are in place to protect the environmental value of, for example, Meon Vale woods, which they fought to save and which has become a local nature reserve. Depending on the Minister’s response, I will press Amendment 34 and consequential amendments 35 to 37 to a vote.

The Government absolutely want to ensure that the community right to buy can be used to protect a wide range of assets. That already includes a wide range of environmental assets where communities can demonstrate an existing historical, social or economic purpose, including allotments, woodlands, parks and other green spaces. We know that many of those can already be found on local lists of assets of community value.

I share the hon. Member’s concerns for environmental assets, but the scheme was not designed to protect peat bogs or natural flood defences, for example; other mechanisms and provisions in our planning and environmental protection systems do the job. It feels disproportionate to try to wedge that into what is an Intervention to empower communities to take on assets, because many of the community and environmental assets that they would want to take on are already permissible in the existing community right to buy. I ask her to withdraw the Amendment.

Question put, That the amendment be made.

The Committee divided: Ayes 2, Noes 9.

Question accordingly negatived.

I beg to move Amendment 373, in schedule 27, page 266, line 5, at end insert—

“(c) it is land of on which there are buildings of historical significance.”

This amendment would expand the criteria for a local authority classifying land as of community value to include land on which there are buildings of historical significance.

With this it will be convenient to discuss the following:

Amendment 40, in schedule 27, page 267, line 23, at end insert—

“(1A) Where a local authority is responsible for assessing whether land in its area is a sporting asset of community value, the Secretary of State must ensure the authority receives adequate funding to make the assessment.”

This amendment would require the Secretary of State to ensure that local authorities receive adequate funding to assess whether land in their area is a sporting asset of community value.

Amendment 374, in schedule 27, page 276, line 18, at end insert—

“(2A) If there is no preferred community buyer, the Secretary of State must ensure the relevant local authority receives financial support to buy the land of community value.”

Amendment 42, in schedule 27, page 279, line 17, at end insert—

“(2A) The relevant local authority must as far as reasonably practicable support the preferred community buyer in securing the purchase land of community value.”

This amendment would require local authorities to provide support for the preferred community buyer in agreeing and meeting an offer to buy land of community value.

Amendment 41, in schedule 27, page 280, line 28, at end insert—

“(9A) The Secretary of State must ensure local authorities are adequately funded to meet the expenses of a valuation under this section.”

This amendment would require the Secretary of State to ensure that local authorities receive adequate funding to meet the expense of land valuations in their area.

Amendment 249, in schedule 27, page 283, line 8, at end insert—

“(f) matters relating to requirements about special consideration for land of community value in planning applications affecting an area of land of community value.”

This amendment would allow the Secretary of State to create guidance about special consideration for land of community value in planning applications affecting an area of land of community value.

New clause 51—Community ownership fund—

“(1) The Secretary of State must make regulations which establish a community ownership fund within six months of the passage of this Act.

(2) Regulations under subsection (1) are subject to the negative procedure.

(3) Regulations under subsection (1) must make provision for any strategic authority to apply for funding of up to £2 million to support any—

(a) voluntary and community organisation, or

(b) parish or town council,

to purchase of an assets of community value they determine is at risk in their area.”

This new clause would require the Secretary of State to establish a Community Ownership Fund to which strategic authorities may apply for funding.

Amendments 40 to 42 and 249 seek to improve how the assets of community value system works in practice. Amendment 40 would require the Secretary of State to ensure that local authorities are adequately funded to carry out assessments of whether land is a sporting asset of community value. Amendment 41 makes the same point on valuations, and amendment 42 would require local authorities, as far as reasonably practicable, to support the preferred community buyer in securing the purchase of land of community value. Finally, amendment 249 would ensure that community value does not stop mattering once a planning application is lodged by allowing the Secretary of State to issue guidance requiring the planners and His Majesty’s Planning Inspectorate to give special consideration to land of community value when making decisions.

Amendment 40, which would make sure that local councils are properly funded when assessing whether land is a sporting asset of community value, is vital in identifying and assessing sporting assets. It must not be a simple tick-box exercise, because evidence has to be gathered and local groups have to be consulted, and competing claims between landowners and residents often have to be resolved.

This can be done only with time, specialist knowledge, consultants and often site visits, all of which cost money. As we know all too well, and as the Minister has reminded us today, many councils are already stretched thin. Without additional funding, there is a very real risk that this new protection for sporting assets will be inconsistent or, at worst, non-existent.

For the same reasons, amendment 41 would require adequate central funding for land valuations. If councils cannot afford them, communities face delay and uncertainty and opportunities are lost. Adequate central funding would make the process faster, fairer and more consistent across the country. With this financial support in place, more communities will be able to come together to make a bid for their grassroots sports clubs and other important cultural assets in their communities.

Amendment 42 goes to the heart of community empowerment, requiring councils as far as is reasonably possible to support the preferred community buyer by guiding them through the process and helping them to gain access to expert advice and funding. Right now communities have the right to bid, but they are left on their own; this amendment would turn that right into success.

Amendment 249 would ensure that community value is not ignored in the planning system. At present, even a listed community site can be granted planning permission for demolition or redevelopment; it is my understanding that there is nothing in regulations to ensure that consideration is given to the fact that a particular site is on a list of assets of community value. This amendment would require planning authorities to give special consideration to the community value of such land before approving development. It would not block development, but would ensure that community value is considered and that the community’s voice is properly heard. It is a modest improvement.

Without these improvements to the legislation, the right to protect community assets risks being just words on paper. When it becomes a genuine tool for local and community empowerment, which is the welcome title of this important Bill, it will live up to the spirit of devolution that we all want to deliver.

I turn now to the amendments in the name of my hon. Friend Sarah Olney. Amendment 373 would include historically significant buildings as community assets, while amendment 374 would support councils to buy land if there is no community buyer; if no community group comes forward, the local authority can step in.

Amendment 373 would expand the legal definition of what can be classed as an asset of community value to include land or property with buildings of historical significance. We all have those in our constituencies: even if their current use is not community based, they are still part of our built heritage, and they shape our sense of place, so they are really important. While the current asset of community value system focuses mainly on social use, some historically important sites might not fit neatly into that community use test, even if they are locally important and of historical significance.

Historical buildings are obviously important in their own right, of course, which is why we have the listed building system, but they also connect people to the story of their place and past industries—the movements that shaped their community. When those buildings disappear, communities lose part of their collective memory and character, and once they are gone, they cannot be replaced. That is really important.

More than that, though, historical buildings are community assets in waiting. Many historical sites, such as disused chapels, mills, railway stations, schools and places that are part of our industrial heritage can be restored into vibrant hubs, cafés, arts venues and co-working spaces. They can have a community-based use, and protecting them buys time for communities to develop and put forward a viable plan to the authorities, rather than watching the bulldozers move in. With imagination, we can help these historical buildings to become community hubs.

Amendment 374 is designed to support councils to buy land if there is no community buyer, by requiring the Secretary of State to provide financial support to the local authority to purchase the land itself. This is an essential amendment, because not every community will have the resources or capacity to raise the funds, especially in disadvantaged communities; even if they want desperately to save it, there is no recourse. No community anywhere in England should lose its assets simply because local people cannot afford to buy it or act fast enough. The amendment would mean that councils could step in temporarily, for example holding the assets in trust or leasing it back to the community once funding or a long-term plan is secured.

I will move on to new Clause 51 tabled by my hon. Friend Caroline Voaden. The clause would create a statutory community ownership fund, which the Secretary of State must set up within six months of the Bill becoming law. Under this new clause, strategic authorities could apply for up to £2 million to support community groups or parish and town councils in buying assets of community value that are at risk of being lost; having been on the list for five years, they can be dropped without the community knowing.

The regulations to create and run the fund would follow the negative procedure, meaning Parliament could annul them, but not amend them. The new clause would give the community real financial teeth, turning the right to bid into a right to buy, giving the tools so that the community can act. Communities, as hon. Members will know from experience, often identify assets worth saving, but they lack the up-front capital to act. A permanent statutory fund would give councils and community organisations the power and financial support to ensure that assets of community value stay and are preserved for community use. By placing it on to a statutory footing, the clause will make community ownership funding a permanent part of local government support for community empowerment, and not just a pilot scheme.

Briefly, I want to put on the record how much I value the protection of sporting assets. I have already mentioned Chipping Norton in my Constituency, and how the football club there lost its land to a rather unscrupulous developer the best part of a decade ago and ever since has not been able to play in the town itself; it has to play almost 10 miles away. The protections are very close to my heart and I very much support them.

The hon. Member for Stratford-on-Avon talked about pubs. I have numerous pubs in my constituency with active campaigns—the Fox Inn and the Bell Inn, for example—where the community is very active and keen to take on the pub to save it so that it is not lost to the community.

I rise to speak, however, because sometimes pubs close down and, with the best will in the world, are unable to reopen, despite the efforts of the community and people nearby. There is a real danger of unintended consequences if the Amendment puts in too much protection and removes the flexibility that is necessary to allow historical buildings to survive.

I offer an example from my constituency, where massive efforts were put in to retain a particular pub. The brewers who owned it put it out to all sorts of people. Unfortunately, the amount of money required to bring it back up to standard made it totally unviable, not only for other brewers or people wanting to take it on, but for the community. The pub was in a historical village, and the real danger is that we wrap it up so much in protection and regulations that, in trying to save the pub, we will lose the historical building. If the landlord is not able to do anything with it, it can fall to rack and ruin, and even with the best will in the world we can end up losing that historical building. That pub ended up becoming a house; granted, it is no longer a pub or a community asset, but the building is retained and is no longer a dilapidated ruin in the middle of a village.

Although the amendment comes from a really good place, I cannot support it. I support the Government making it easier for communities to get involved, giving them more time and granting them more powers to take on historical pubs that are important parts of the community, but there is a real danger that the amendment could have an unintended consequence: a historical building being lost purely because it is so wrapped in regulation and protection that nobody is able to do anything with it. I would therefore vote against it.

I will speak briefly on new Clause 51. It is really encouraging that there is a cross-party effort to reinvigorate community ownership funding, which has lapsed. Although I am excited about the pride in place funding, which is quite extensive and goes into local areas in quite an intensive way, I think the community ownership angle of that is limited to the geographic area covered. Things such as sporting assets or community assets that serve a whole town may not be within that area. I would like to hear from the Minister that, if she will not accept new clause 51, something will be done for other parts of the country to ensure a fund to support community ownership.

I will try to work through all the amendments. Let me start with Amendment 373. I appreciate the commitment of the hon. Member for Stratford-on-Avon to protecting historical assets. The Government are proud to support communities to celebrate heritage buildings and assets, and there are already protections in place for them to do that. Historical buildings that are valued by local communities, but do not meet the criteria to be nationally listed, can be listed by local authorities as non-designated heritage assets. That protects them through the national planning policy framework, so the protection is already there.

On amendment 40, I reassure the Committee that we already have established processes in place to ensure that local authorities are adequately funded to deliver new policies, and this is no exception. The new burdens doctrine requires that all new responsibilities placed on local authorities are properly assessed and fully funded by the relevant Department. We are assessing the cost of the process for local authorities and will provide new burdens funding accordingly.

On amendment 41, I can confirm that we are assessing the costs of independent valuation to local authorities. Where the owner and community buyer cannot agree a purchase price for an asset through negotiation, the local authority must appoint an independent valuer. We will provide new burdens funding to meet those costs accordingly, once assessments have been finalised and tested with local government. I hope that that provides some assurance.

On amendment 374, we know that some community groups may not come forward as they do not have the capability or capacity to put together a bid for an asset. The intention of the 12-month sale period is to give communities time to organise and to raise the funding required. We will continue to work with community organisations to ensure that they have the support to do so. Requiring local authorities to step in to purchase assets where there is no community buyer would put too much of a burden on local authorities, and we could end up with local authorities taking over and having to run theatres and pubs. Although those assets might have value for the community, that does not feel appropriate for a local authority.

We think we have the balance right and that this measure is proportionate. As my hon. Friend the Member for Banbury said eloquently, however much we might want a particular asset to stay in its original form, sometimes that may not be viable. We do not want buildings becoming dilapidated when they could be retained in a different way.

On amendment 42, we are already putting requirements on local authorities to enable and facilitate this process. For example, they must arrange that joint meeting between the asset owner and the community buyer at the start of the process and enable that process of negotiation and, as I have said, local authorities again need to step in to provide the independent valuer if negotiations fail. We think that is the right role for the local authority, not least because it has to be an arbiter in the process.

However, we want there to be enough capability across all our communities, irrespective of the level of social capital, to be able to take on these powers. There is a range of community organisations with the expertise and experience to provide this kind of support to communities, such as Plunkett, Power to Change and Locality, and we are working with those organisations on the additional support that they can provide to communities across the country.

Amendment 249 would restrict what an asset owner can do with their property once listed. We think that it is ultimately up to local planning authorities to consider planning applications in accordance with their development plans and other material considerations. That could include the listing of an asset of community value. The weight afforded to material considerations in making the decision will be decided on a case-by-case basis, and we think it is right that that is left to the local planning authority.

Critically, the national planning policy framework already includes important safeguards to protect against the unnecessary loss of social, recreational and cultural facilities that serve an important value for the community. We think that the balance between what already exists in the planning system and the protections that we are providing through the community right to buy is right and appropriate.

Finally, on new Clause 51, let me be clear: this Government are absolutely committed to empowering our communities. We are giving communities everywhere the power to take ownership. Our pride in place programme, which the hon. Member for Brighton Pavilion talked about, is providing £5 billion over 10 years to support 244 places, to enable and support them to take on such community assets of value.

We will continue to review this area, because we are committed to communities having a stake in and ownership of their assets, and we are committed to doing our part as a Government to enable them to do that. With that, I ask the hon. Member for Stratford-on-Avon to withdraw her many amendments.

I will not press the amendments to a vote, although my hon. Friends might table them again on Report, but I will press new Clause 51 to a vote later on. I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment 236, in schedule 27, page 275, leave out lines 23 to 25 and insert—

“(b) the relevant local authority has determined that the preferred community buyer does not meet the progress requirements after any of the review periods (see section 86U), or”

This amendment is consequential on Amendment 223.

With this it will be convenient to discuss Government amendments 234, 223 to 233 and 235.

This group of amendments introduces and defines the new 16-week review period for communities seeking to purchase a sporting asset of community value accommodating more than 10,000 spectators. This will permit landowners to request evidence from the preferred community buyer no less than two weeks before the end of the new 16-week review period. The period begins on the date when a notice of intent to enter into a relevant disposal is given. At the end of the 16-week review period, the local authority will decide whether the community has met the progress requirements and will give written notice of its decision to both the owner and the buyer.

While I remain committed to empowering communities to take ownership of larger sports grounds, I also recognise the importance of ensuring that they have the capability and readiness to manage them effectively. That means putting in place processes to safeguard the long-term sustainability of those assets, ensuring that community buyers are well-prepared to take on the responsibilities of permanent ownership for an asset that will be critical to their community.

Amendment 236 agreed to.

Amendments made: 234, in schedule 27, page 281, line 39, leave out “that” and insert “the notice”.

This amendment is consequential on Amendment 223.

Amendment 223, in schedule 27, page 281, line 10, at end insert—

“(1A) Where the land that the notice relates to is a sporting asset of community value which can accommodate over 10,000 people, and the owner makes a request in writing, the relevant local authority must—

(a) determine whether at the end of the 16 week review period the preferred community buyer has met the progress requirements, and

(b) as soon as reasonably practicable give written notice of the determination to the owner and the buyer.”

This provides that where requested by the owner a preferred community buyer of a sporting asset of community value which is a large venue must show additional evidence of progress of their proposed purchase at an earlier stage in the process.

Amendment 224, in schedule 27, page 281, line 13, leave out “first” and insert “6 month”.

This amendment is consequential on Amendment 223.

Amendment 225, in schedule 27, page 281, line 18, after “subsection” insert “(1A) or”.

This amendment is consequential on Amendment 223.

Amendment 226, in schedule 27, page 281, line 19, leave out “first review period” and insert

“review period that it relates to”.

This amendment is consequential on Amendment 223.

Amendment 227, in schedule 27, page 281, line 21, leave out “second” and insert “12 month”.

This amendment is consequential on Amendment 223.

Amendment 228, in schedule 27, page 281, line 28, leave out

“the first and second review periods”

and insert “each review period”.

This amendment is consequential on Amendment 223.

Amendment 229, in schedule 27, page 281, line 34, at end insert—

“‘the 16 week review period’ is the period of 16 weeks beginning with the date on which the notice of a wish to enter into a relevant disposal was given under section 86M(1) (‘the notice date’);”.

Amendment 230, in schedule 27, page 281, line 35, leave out “first” and insert “the 6 month”.

This amendment is consequential on Amendment 223.

Amendment 231, in schedule 27, page 281, line 35, leave out “six” and insert “6”.

This amendment is consequential on Amendment 223.

Amendment 232, in schedule 27, page 281, line 36, leave out from “with the” to the end of line 37 and insert “notice date”.

Amendment 233, in schedule 27, page 281, line 38, leave out “second” and insert “the 12 month”.

This amendment is consequential on Amendment 223.

Amendment 235, in schedule 27, page 281, at end of line 39 insert—

“‘review period’ means the 16 week review period, the 6 month review period or the 12 month review period.”—

This amendment is consequential on Amendment 223.

Ordered, That further consideration be now adjourned. —(Deirdre Costigan.)

Adjourned till Tuesday 28 October at twenty-five minutes past Nine o’clock.

EDCEB46 Martin Smith, Councillor for Dore & Totley Ward, Leader of the Liberal Democrat Group, Sheffield City Council