Infrastructure Bill: any public land could be taken from us and given to developers

Fri Jun 13 22:14:26 BST 2014

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><http://tlio.org.uk/infrastructure-bill-act-now-sound-the-alarm-spread-the-word-any-public-land-could-be-taken-from-us-and-given-to-developers/>http://tlio.org.uk/infrastructure-bill-act-now-sound-the-alarm-spread-the-word-any-public-land-could-be-taken-from-us-and-given-to-developers/
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>From: <mailto:oo.adams at gmail.com>Owen Adams
>Sent: Thursday, 12 June, 2014 14:23
>To: undisclosed-recipients:
>Subject: Infrastructure Bill: Act now, sound the 
>alarm, spread the word... any public land could 
>be taken from us and given to developers
>
>(apologies to anyone who receives this more than once, but this is important)
>
>ACTION NEEDED NOW TO HALT PROPOSED LEGISLATION 
>WHICH WILL ALLOW ALL PUBLIC LAND IN ENGLAND AND WALES TO BE PRIVATISED
>
>DEBATE (SECOND READING) IN HOUSE OF LORDS THIS WEDNESDAY (JUNE 18)
>
>For all those sent this who don't know me... I 
>am secretary of Hands Off Our Forest, a pressure 
>group dedicated to keeping the Forest of Dean 
>and other public woodlands in public ownership. 
>At our meeting this week, we decided we must 
>press for an exemption for the Public Forest 
>Estate (that is, all those woodlands in England 
>that are owned by all of us, and managed by the 
>Forestry Commission) within the Infrastructure Bill...
>
>You may recall that we kicked up quite a fuss in 
>2010/11 over plans for the forest sell-off, and 
>the law which would have made it possible, the 
>Public Bodies Bill. Our campaign, in association 
>with others around the country and national 
>efforts has transcended politics, class and 
>many, many interests because our public 
>woodlands mean so much to so many people (40 
>million visit them in England every year)
>
>Once a statement has been agreed by us all on 
>the HOOF Steering Group, I will be sending it 
>out... our remit is our own Forest and its 
>surrounding, or contiguous woodlands, so the 
>statement will focus on our group's interest 
>(see <http://www.handsoffourforest.org/>www.handsoffourforest.org)
>
>However, I feel compelled to give everyone a 
>heads up and try to raise the alarm because this 
>Bill is like a massive juggernaut that is coming 
>up a hill and could hit us before we've had a 
>chance to take evasive action. It affects ANY 
>public land and all private land except that 
>owned by the Queen and Royal family.
>
>I hope you can pass this message on to all your 
>contacts. I hope the media will take notice and 
>journalists and columnists will investigate the issue, and it will be reported.
>
>The Queen's Speech announcing the Infrastructure 
>Bill was on June 2, it was introduced to the 
>House of Lords three days later, and gets its 
>second reading (and first debate) this coming 
>Wednesday, June 18. Last time I looked, only a 
>handful of peers are due to take part in the 
>debate. I believe if more were aware of the 
>contents of the Bill, and its massive enabling 
>powers, many more Peers would be taking part - 
>as they did in the Public Bodies Bill debates in late 2010/ early 2011.
>
>The Bill is designed to fulfil a number of 
>functions, so many in fact it's easy to only 
>concentrate on that hot potato, fracking, and 
>possibly also the HS2 railway line - personally 
>I am opposed to both, but the Bill enables far more than that.
>
>There is also the issue of the need to build 
>more houses. However, is it right that all these 
>developments should take place on the precious 
>little public land there is? Isn't it our land, 
>the people's, and shouldn't we have a say in 
>what happens to it? As about three-quarters of 
>the acreage of Britain belongs to 0.6% of the 
>population (see Kevin Cahill's Who Owns 
>Britain?), can't they spare any of their land to be built on?
>
>What the Bill proposes is that the Secretary of 
>State can hand over any amount of public land to 
>the arms-length, non-departmental Government 
>body, the Homes & Communities Agency. The HCA 
>can then dispose of it to developers. There will 
>be no need to go through local authority 
>planning processes - the Sec of State can give 
>the green light without any local politicians or 
>planners' involvement, just by consulting a panel of two people.
>
>As for public rights of way, the proposed law 
>allows any of them to be extinguished. There is 
>no need for permission for easements (ie roads, 
>powerlines, railways. drilling, tunnels, etc). 
>And any existing laws that protects land and 
>prevents it being built on, appear to be 
>overriden by one simple enabling clause (quoted 
>from the Bill, see 
><http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0002/lbill_2014-20150002_en_7.htm#sch3>http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0002/lbill_2014-20150002_en_7.htm#sch3):
>
>"SCHEDULE 3 Transfer schemes...
>
>2 (1) The property, rights and liabilities that 
>may be transferred by a scheme
>include
>
>(a) property, rights and liabilities that would not otherwise be capable
>of being transferred or assigned;"
>
>
>
>
>
>So, while the Public Bodies Bill came to the 
>attention of forest campaigners because it 
>specifically mentioned the Forestry Commission 
>and forests and proposed changes to the Forestry 
>Act 1967, for the Infrastructure Bill there is 
>no need to list this act or others (such as 
>Rights of Way and other protections for other 
>pieces of land), because in one fell swoop, it 
>enables every statute to be ignored and overriden!
>
>The Government briefing 
>(<https://www.gov.uk/government/news/infrastructure-bill>https://www.gov.uk/government/news/infrastructure-bill) 
>on this aspect of the Bill states:
>
>
>
>
>Public sector land assets
>
>
>
>The bill would permit land to be transferred 
>directly from arms-length bodies to the 
><https://www.gov.uk/government/organisations/homes-and-communities-agency>Homes 
>and Communities Agency (HCA). This would reduce 
>bureaucracy, manage land more effectively, and get more homes built.
>
>The bill would make sure that future purchasers 
>of land owned by HCA and the 
><http://www.london.gov.uk/>Greater London 
>Authority (GLA) will be able to develop and use 
>land without being affected by easements and 
>other rights and restrictions suspended by the 
>agency. Sometimes land owned by HCA and GLA has 
>easements or rights and restrictions from its 
>previous use. At the moment HCA and the GLA can 
>suspend these, but not pass that suspension on. 
>The bill would make sure that purchasers of this 
>land would also benefit from the suspension.
>
>
>Land Registry
>
>
>
>The bill would also allow 
><https://www.gov.uk/government/organisations/land-registry>Land 
>Registry to take on statutory responsibility for 
>the Local Land Charges register and an extension 
>of powers would also allow Land Registry to play 
>a wider role in the property market. 
><http://consultations.landregistry.gov.uk/consult.ti/LLC1/consultationHome>Consultation 
>on these measures took place between January and March 2014...
>
>
>
>You may be aware there is already a campaign 
>against the privatisation of the Land Registry. 
>Not only will it be privatised, the 
>newly-private entity will have extra powers over who owns what land!
>
>
>
>
>
>So in summary... WE ALL NEED TO GET ENGAGED WITH THIS AND WITHOUT DELAY!
>
>I am sorry I cannot be more eloquent and have 
>not had much time to research this. I am also 
>not a legal expert. I hope legal minds (those 
>not involved with this Bill) will offer their 
>opinions and tell me I'm overreacting. But from 
>my several years in scrutinising Government 
>legislation in a bid to save our forests from 
>privatisation, I have acrued a fair bit of legalese...
>
>I haven't had time to launch a petition, to 
>consult my colleagues in HOOF and other 
>campaigns, and apologies if anyone thinks I'm 
>jumping the gun. If it wasn't urgent, I would bide my time...
>The more of us who do whatever is in our 
>capacity to do, write to Lords (I recommend 
>Bishops and Crossbenchers), MPs, media contacts, 
>public interest groups, legal experts... make 
>banners, make petitions, whatever it takes... 
>but please help me sound the alarm... today, if you can.
>
>I think it relevant to end this email with a quote from Nietzsche:
>"The state is the coldest of all cold monsters. 
>Coldly it lies, too; and this lie creeps from 
>its mouth: `I, the state, am the people.'... 
>Everything about it is false; it bites with stolen teeth."
>
>
>Best regards
>
>Owen Adams
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