§ 2.40 p.m.
§ Lord LEATHERLANDMy Lords, I beg leave to ask the second Question which stands in my name on the Order Paper.
The Question was as follows:
To ask Her Majesty's Government what local government rates are paid on land rated as agricultural when it is used for pop festivals and similar purposes.
§ The PARLIAMENTARY UNDERSECRETARY of STATE, DEPARTMENT of the ENVIRONMENT (Baroness Birk)My Lords, although no rates are payable on agricultural land, such uses, if regular and on a significant scale, could give rise to a rate liability.
§ Lord LEATHERLANDMy Lords, I thank the noble Baroness, Lady Birk, for that Answer, which is partly satisfactory. Is the noble Baroness aware that I do not attend these festivals—
§ Lord LEATHERLAND—but I have no objection to them? Is the noble Baroness also aware that rate exemption for agricultural land is allowed on condition that the land is used solely for agriculture, and if it is not solely used for that purpose, surely it ought to pay a portion of its rates?
§ Baroness BIRKMy Lords, where agricultural land is not used for that purpose the question of rateable liability can be decided only by the courts. To my knowledge, there have been no decided cases yet concerning pop festivals, but whether or not the land becomes rateable because of the use of the land for pop festivals or other such uses, depends on the degree of use and the revenue to the owner of the land. I was not aware that my noble friend Lord Leatherland did not attend pop festivals.
§ Lord HAILSHAM of SAINT MARYLEBONEMy Lords, can the 710 noble Baroness give an assurance that, where the pop festival has been sanctioned by the Home Secretary against the wish of the local community, it will not adversely affect the liability to rates of the local community?
§ Baroness BIRKMy Lords, that is a quite different point, as the noble and learned Lord, Lord Hailsham of Saint Marylebone, is aware. It has nothing to do with rateable liability.
§ Lord AVEBURYMy Lords, how can the noble Baroness say it is only in cases where the use is on a regular or significant scale, if there have not been any cases before the courts on which determination has been made?
§ Baroness BIRKMy Lords, I believe there was a case brought before the court concerning an occasion when a fair took place for a certain number of days. There has been no degree of case law on which I can base an answer. Every case has to go to the courts.
§ Lord LEATHERLANDMy Lords, is the noble Baroness aware that in one or two days a single pop festival can do more damage to the agricultural quality of the land than in a month or two of ordinary usage?
§ Baroness BIRKMy Lords, this is a matter entirely for the person whose land it is. If the land belongs to a private landowner or a farmer, it is up to that landowner or farmer to say whether he will allow his land to be used for a pop festival.
§ Lord WYNNE-JONESMy Lords, is the noble Baroness aware that the use of land occasionally for pop festivals is very much welcomed? Is she also aware that the beneficial results of pop festivals are generally acclaimed?