Levelling-up and Regeneration Bill

Rosie Winterton Excerpts

2nd reading
Wednesday 8th June 2022 Commons Chamber

[Munira Wilson]

I know the hon. Gentleman was desperate to get an extra minute. He is making a really impassioned speech and I agree with much of what he has said so far. He mentioned developers snapping up greenfield sites. In my constituency, the local community rose up to protect a site called Udney Park Playing Fields in Teddington, and thanks to a legal challenge it is now protected green space. The developer, however, will not now sell the site back to the community despite a good bid to turn it into playing fields, because they paid over the odds and they will wait years and years until planning policy changes. Meanwhile, the site is going to rack and ruin. Do we not need powers to tackle that?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We need short interventions, because there are many people who wish to speak.

[Bob Seely]

The hon. Lady makes a very good point. She will probably have to wait 10 to 15 years. There will be a form of planning blight on that land. We have the same with an awful development on my patch called Pennyfeathers, which I wish had never been built. I wish the Secretary of State or, indeed, the wonderful Minister for Housing, had the powers to say no to it; we could go back to having a vineyard and green fields there, as there should be.

I am very supportive of my colleagues on the Conservative Benches who have made speeches this afternoon, but let me turn briefly to amendments. Targets are the bane of so many of my colleagues. They need to be advisory, not mandatory, and I remind the Government that neighbourhood plan areas tend to say yes to more developments because they get the chance to shape them. If we do not feel that developments are being shoved down our throats, and that we can shape them more, the Government will have greater success.

The Secretary of State has heard from my hon. Friend the Member for Wantage (David Johnston) and others about the pernicious loopholes, the vandalism of sites of special scientific interest and the way people corruptly game the system. Why is character not grounds for opposing development? Why can we not shut down those loopholes that do such damage to our countryside, national parks and AONBs?

I know this is not a tax Bill, but fundamentally we need to find an effective way of changing the economics from greenfield to brownfield sites, so that the half a million or a million properties on brownfield sites are developed. We also have a second homes problem, not only on the Island but in Cornwall, the lake district and other areas. We need to respect property rights, but communities in my patch such as Seaview, Bembridge and Yarmouth must not become Potemkin villages that are empty for much of the year. We must have a community that stays there.

There will be a series of amendments to the Bill, and I assure the Minister they will be as supportive as they can be, but I will finish with something close to my heart: compulsory purchase. I want the Government to give more powers to councils for compulsory purchase. In Sandown, a town in my patch, a Mr Steven Purvis owns the Ocean Hotel and is fighting forced redevelopment tooth and nail. Nick Spyker owns the Grand Hotel in Sandown. Those places sit empty year in, year out.

Sandown is crying out for investment. The Island cannot afford owners who, for whatever reason, keep those properties as empty eyesores, damaging our communities, our public health and our economy. We must ensure that our councils have the power to say to people such as Purvis and Spyker, “Invest, or jog on.” There will be a lot of amendments to this Bill, many of them supportive, but we need to get a grip and we need to drive development and levelling-up forward.

--- Later in debate ---

[Olivia Blake (Sheffield, Hallam) (Lab)]

The Government’s levelling-up White Paper states:

“While talent is spread equally across our country, opportunity is not. Levelling up is a mission to challenge, and change, that unfairness.”

I want to talk about an unfairness that is at the heart of inequality in the UK, and why I think the Bill lacks the ambition to address it.

There is a housing crisis in Britain, and my city is at the sharp end of it. In 2021, there were 21,615 households on Sheffield’s housing waiting list. Between 2020 and 2021, nearly 3,000 Sheffield households were made homeless or threatened with homelessness. Sheffield has also experienced one of the largest increases in annual rental demands in the country. From 2020 to 2021, there was a 46% increase in the number of private renters claiming housing benefit to help pay the rent. A 2019 Sheffield and Rotherham housing market assessment found that, in 13 of the 19 areas in our region, one third of all households were priced out of private renting altogether. After 12 years of stagnating wages and savage cuts to our local services, and now soaring inflation, the situation is getting far worse, not better.

Without action to tackle the housing crisis, the words “levelling up” will ring hollow to many of my constituents and the 17.5 million people across the UK who are also affected. The failure to invest in good-quality, genuinely affordable social homes lies at the root of their problems and at the root of the housing emergency, so surely that is where the Government should start.

But that is not what the Bill proposes. Rather than mandate for a boom in affordable and social rents, the proposal for an infrastructure levy only guarantees that affordable housing will be built at the same rate as it is now. But the status quo clearly is not working. Between 2015 and 2020, there was a net loss of more than 1,500 social homes in Sheffield. Only 229 new homes could be built by the local authority, and 1,800 were lost through right to buy. Our city council is ambitious and has embarked on a programme to build more than 3,000 new council homes by 2029 but, without proper support, that will not be enough to tackle Sheffield’s housing emergency.

The conditions in the Government’s affordable homes programme have made building good-quality social housing in Sheffield almost impossible. Until 2021, geographical restrictions stopped us from receiving funding altogether, despite the great waiting lists that we have. Even though Sheffield is now eligible, the way in which money is allocated is still producing problems. To ration a small national pot of money, the Government have mandated that schemes with the cheapest cost per home be prioritised. Delivering good-quality, environmentally friendly, disability-accessible social homes is often not possible because they cost more to build than other types of affordable housing. Social housing should and could be a source of quality, innovation and even excitement for our communities, but the programme bakes in a lack of ambition for the delivery of our housing stock. We should be providing families with a home, the asylum for so many people. People cannot get on in life if they do not have access to good-quality housing. That is a fact that we need to acknowledge and take seriously, but the Bill does nothing to address it or to address the rapid decline in affordable housing. What Sheffield needs to level up is a plan to build good-quality affordable social homes, but, as ever with this Government, what we have is a wasted opportunity and more of the same.

I did not expect to come here today and hear light entertainment from Government Members, but I have to say that I am pleased that the Secretary of State seems to have given up on his ambitions to audition for—[Hon. Members: “Time!”] My apologies. I will stop.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Would the hon. Lady like to finish?

[Olivia Blake]

It is fine—don’t worry. They don’t want to hear it.

--- Later in debate ---

[Madam Deputy Speaker]

I call Angela Richardson.

Levelling-up and Regeneration Bill

Rosie Winterton Excerpts

Report stage
Wednesday 23rd November 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government new clause 62—Functions in respect of key route network roads.

Government new clause 65—Participation of police and crime commissioners at certain local authority committees.

New clause 1—Power to provide for an elected mayor—

(1) Part 1A of the Local Government Act 2000 is amended as follows.

(2) After section 9K insert—

“9KA Power to provide for an elected mayor

(1) The Secretary of State may by regulations provide for there to be a mayor of a local authority.

(2) Before making regulations under subsection (1), the Secretary of State must publish a report which contains—

(a) an assessment of why it is in the interests of economy, efficiency, effectiveness or public safety for the regulations to be made, and

(b) a description of any public consultation the Secretary of State has carried out on the proposal for the regulations to be made.””

This new clause would allow the Secretary of State to provide for there to be a mayor of any local authority if they deem appropriate.

New clause 2—Resignation requirements for MPs serving as elected mayors—

“(1) The Police Reform and Social Responsibility Act 2011 is amended in accordance with subsection.

(2) In section 67 (Disqualification of person holding office as police and crime commissioner), leave out paragraph (a).

(3) Schedule 1 to the House of Commons Disqualification Act 1975 is amended as follows.

(4) In Part 3 (Other Disqualifying Offices), at the appropriate place insert—

‘Mayor who is to exercise the functions of police and crime commissioner’”.

This new clause would allow an MP who is elected as a mayor who is to exercise the functions of a police and crime commissioner to remain as an MP until the next parliamentary election.

New clause 4—Housing Act 1985—

“In section 618 of the Housing Act 1985 (The Common Council of the City of London), omit subsections (3) and (4).”

This new clause would correct a disparity which applies uniquely to Members of the City of London’s Common Council in relation to their ability to discuss or vote on local authority matters relating to land, for example housing, by removing a prohibition on participating on such matters.

New clause 7—Council tax: properties of multiple occupancy—

“(1) The Local Government Finance Act 1992 is amended as follows.

(2) In section 3 (meaning of “dwelling”), after subsection (4A), insert—

‘(4B) Subject to subsection (6) below, the following property is not a dwelling—

(a) a room or bedroom subject to a tenancy agreement that does not contain bathroom and cooking facilities within its physical curtilage;

(b) a room or bedroom subject to a tenancy agreement which includes bathroom facilities but does not include cooking facilities within its physical curtilage;

(c) any rooms or bedrooms within a licensed House of Multiple Occupancy; and

(d) any room which is not in law a self-contained unit regardless of any clause, term or condition of any contract, license of agreement conferring a right to occupy that room.’”

This new clause is intended to prevent the imposition of Council Tax individually on tenants of a room in a house with shared facilities, or in a licensed House of Multiple Occupancy.

New clause 41—Duty to provide sufficient resources to Combined Authorities and Combined County Authorities—

“(1) This section applies where the Government has committed funding to a Combined Authority or a Combined County Authority in order to deliver a specific project.

(2) The Secretary of State must provide commensurate financial resources to a Combined Authority or a Combined County Authority to enable the delivery of the project mentioned in subsection (1) as agreed in full.

(3) The Secretary of States must, by regulations, amend the value of this funding to reflect inflation.”

This new clause would commit the Government to fully funding combined authority and combined county authority projects they have committed to in the case that costs rise due to inflation.

New clause 45—Local authorities to be allowed to choose their own voting system—

“(1) The Secretary of State must by regulations provide that local authorities may choose the voting system used for local elections in their areas.

(2) When determining whether to seek to introduce a new voting system a local authority must have regard to the benefits of reinvigorating local democracy in its area.

(3) Regulations under this section must provide that local authorities may choose to elect councillors—

(a) by thirds, or

(b) on an all-out basis.

(4) Regulations under this section must provide that local authorities may choose to elect councillors using—

(a) first-past-the-post;

(b) alternative vote;

(c) supplementary vote;

(d) single transferable vote;

(e) the additional member system;

(f) any other system that may be prescribed in the regulations.

(5) Regulations under this section may make provision about—

(a) how a local authority may go about seeking to change its voting system,

(b) the decision-making process for such a change,

(c) consultation, and

(d) requirements relating to approval by the local electorate.”

This new clause would enable local authorities to choose what voting system they use for local elections.

New clause 46—Review into business rates system—

“(1) The Chancellor of the Exchequer must undertake a review of the business rates system.

(2) The review must consider the extent to which the business rates system—

(a) is achieving its objectives,

(b) is conducive to the achievement of the levelling-up and regeneration objectives of this Act.

(3) The review must consider whether alternatives of local business taxation would be more likely to achieve the objectives in subsections (2)(a) and (b).

(4) The review must in particular consider the effects of business rates and alternative local business taxation systems on—

(a) high streets, and

(b) rural areas.

(5) The review must consider the merits of devolving more control over local business taxation to local authorities.

(6) The Chancellor of the Exchequer must lay a report of the review before parliament before the end of the period of one year beginning with the day on which this Act is passed.”

This new clause would require the Secretary of State to review the business rates system.

New clause 70—Duties in connection with the European Framework Convention for the Protection of National Minorities—

“(1) The Cities and Local Government Devolution Act 2016 is amended in accordance with subsection (2).

(2) In section 16 (Power to transfer etc public authority functions to certain local authorities), after subsection (1) insert—

‘(1A) In deciding how and whether to exercise his power under section 16(1), the Secretary of State must have regard to the existence, within a local authority area, of a national minority as defined by the European Framework Convention for the Protection of National Minorities.’”

New clause 71—Extending level 3 devolution deals—

“(1) The Secretary of State must, by regulations, make provision for local authorities to be granted a Level 3 devolution deal, without the requirement for a directly-elected leader across the entire authority.

(2) When making regulations under subsection (1), the Secretary of State must have regard to the benefits of such a devolution arrangement given any existence, within a local authority area, of a national minority, as defined by the European Framework Convention for the Protection of National Minorities.”

New clause 34—Review of compulsory purchase powers—

“(1) The Secretary of State must undertake a review of whether the powers of compulsory purchase available to—

(a) local authorities, and

(b) the Secretary of State

are adequate to meet the objectives of this Act.

(2) In undertaking the review the Secretary of State must, in particular, consider—

(a) whether existing statutory time limits for compulsory purchase action are appropriate,

(b) other means of accelerating compulsory purchase action with particular reference to properties to which subsection (3) applies, and

(c) the adequacy of compulsory purchase powers in relation to properties to which subsection (3) applies.

(3) This subsection applies to—

(a) properties that have been unoccupied for a prolonged period (with reference to the vacancy condition in section 152), and

(b) buildings of local public importance such as hotels and high street properties.”

This new clause would require the Government to review powers of compulsory purchase and whether they are adequate to meet its levelling-up and regeneration objectives.

New clause 74—Commencement of Section 81 of the Police Crime Sentencing and Courts Act—

“The Secretary of State must, by regulations, bring into force the provisions in Section 81 of the Police, Crime, Sentencing and Courts Act 2022 no later than 31st December 2022”

New clause 75—Review of the effectiveness of the Housing First Scheme—

(1) The Secretary of State must establish an annual review of His Majesty’s Government’s progress on reducing homelessness.

(2) The review must include an assessment of—

(a) whether the Housing First scheme is achieving its objectives,

(b) the support provided to local authorities to meet their homelessness duties,

(c) the merits of ensuring that local authorities have at least one provider of the Housing First model, and

(d) the Government’s progress towards ending rough sleeping.

(3) The Secretary of State must prepare reports on these reviews in accordance with this section.

(4) The first report under subsection (3) must be laid before each House of Parliament before the end of a period of one year beginning on the day when this Act was passed.

(5) After a report has been laid before Parliament under subsection (4), the Secretary of State must publish it as soon as is reasonably practicable.”

New clause 76—Publication of the Consultation on the Vagrancy Act—

“(1) The Secretary of State must, before the end of 2022, publish a report setting out the results of the Review of the Vagrancy Act: consultation on effective replacement.

(2) he report under subsection (1) must, in particular, set out—

(a) how to replace the offences in the Vagrancy Act which prohibit begging and rough sleeping in an appropriate way that prioritises getting individuals into support, and

(b) the Government’s legislative plan to support these changes.

(3) The Secretary of State must lay a copy of the report in subsection (1) before both Houses of Parliament.”

New clause 82—Standards Board for England—

“(1) There is to be a body corporate known as the Standards Board for England (“the Standards Board”).

(2) The Standards Board is to consist of not less than three members appointed by the Secretary of State.

(3) In exercising its functions the Standards Board must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of local authorities in England.

(4) The Secretary of State must by regulations make further provision about the Standards Board.

(5) Regulations under this section must provide for—

(a) a code of conduct of behaviour for members and co-opted members of local authorities in England,

(b) the making of complaints to the Standards Board a member or co-opted member has failed to comply with that code of conduct,

(c) the independent handling of such complaints in the first instance by the Standards Board,

(d) the functions of ethical standards officers,

(e) investigations and reports by such officers,

(f) the role of monitoring officers of local authorities in such complaints,

(g) the referral of cases to the adjudication panel for England for determination,

(h) about independent determination by the adjudication panel its issuing of sanctions,

(i) appeal by the complainant to the Local Government and Social Care Ombudsman,

(j) appeal by the member or co-opted member subject to the complaint to the Local Government and Social Care Ombudsman, and

(k) the governance of the Standards Board.

(6) In making regulations under this section the Secretary of State must have regard to the content of Chapter II (investigations etc: England) of Part III (conduct of local government members and employees) of the Local Government Act 2000, prior to the repeal of that Chapter.

(7) The Standards Board—

(a) must appoint employees known as ethical standards officers,

(b) may issue guidance to local authorities in England on matters relating to the conduct of members and co-opted members of such authorities,

(c) may issue guidance to local authorities in England in relation to the qualifications or experience which monitoring officers should possess, and

(d) may arrange for any such guidance to be made public.”

This new clause seeks to reinstate the Standards Board for England, which was abolished by the Localism Act 2011, but with the removal of referral to standards committees and the addition of appeal to the Local Government Ombudsman.

New clause 84—Levelling-up mission: adult literacy—

“(1) Each statement of levelling-up missions must include an objective relating to reducing geographical disparities in adult literacy.

(2) In pursuance of the objective in subsection (1), the Secretary of State must, during each mission period, review adult literacy levels in the UK, to inform measures with the purpose of reducing geographical disparities in adult literacy and eradicating illiteracy in adults.

(3) The findings of any review under this section must be published in a report, which must be laid before Parliament.

(4) When a report under this section is laid before Parliament, the government must also publish a strategy setting out steps it intends to take to improve levels of adult literacy and eradicate illiteracy in the UK.”

This new clause would require the government to include the reducing of geographical disparities in adult literacy as one of its levelling up missions, and it would require them, during each mission period, to review levels of adult literacy in the UK, publish the findings of that review and set out a strategy to improve levels of adult literacy and eradicate illiteracy in the UK.

Amendment 8, in clause 1, page 1, line 14, at end insert—

“(c) the independent body that His Majesty’s Government proposes to use to evaluate progress in delivering those levelling-up missions (‘the independent evaluating body’).”

This amendment would place a responsibility on the Government to commission an independent body to scrutinise their progress against levelling-up missions.

Amendment 9, page 1, line 14, at end insert—

“(c) the resources made available by His Majesty’s Government to nations, regions, sub-regions and local areas in order to level-up.”

This amendment would place a responsibility on the Government to publish the resources made available to communities in order to level-up.

Amendment 71, page 1, line 14, at end insert—

“(c) details of how His Majesty’s Government will ensure that the levelling-up missions are aligned with the United Nations Sustainable Development Goal to end hunger and ensure access by all people, in particular the poor and people in vulnerable situations, including infants, to safe, nutritious and sufficient food all year round.”

This amendment would require that levelling-up missions align with the United Nations Sustainable Development Goal to end hunger and ensure access by all people to safe and nutritious food.

Amendment 69, page 1, line 14, at end insert—

“(2A) The first statement of levelling-up missions must include a requirement that by 2030 the number of people successfully completing high-quality skills training will have significantly increased in every area of the UK.

(2B) For the purposes of subsection (2A), ‘high-quality skills training’ must include training for the purpose of proactively supporting workers in high-carbon industries wishing to transition to careers in the green energy sector, with cross-sector recognition of skills and regardless of their current contract status.”

Amendment 70, page 1, line 14, at end insert—

“(2A) The first statement of levelling-up missions must include a mission to expand public access to waterways, woodlands, Green Belt and grasslands and reduce geographical inequalities in access to open access land.

(2B) In this section, “waterways” includes any river, stream, lake, pond, canal or other waterway physically capable of navigation, and any such river banks or land adjacent as necessary for the act of navigation and for other purposes incidental to navigation or to bathe.

(2C) A levelling-up mission under this section must be accompanied by a statement of the Government’s legislative plan to support the mission, including proposals to amend the Countryside and Rights of Way Act 2000.”

Amendment 72, page 2, line 3, at end insert—

“(3A) The mission progress methodology and metrics must include the following indicators—

(a) prevalence of undernourishment in the population, and

(b) prevalence of moderate or severe food insecurity in the population, based on the Food Insecurity Experience Scale (FIES).”

This amendment would require that the mission progress methodology and metrics include the prevalence of under-nourishment and the prevalence of food insecurity in the population.

Amendment 10, page 2, line 6, at end insert—

“(4A) A statement of levelling-up missions must be accompanied by an action plan which sets out details of how His Majesty’s Government intends to deliver these missions by the target date.”

This amendment would require the Government to publish an action plan alongside a statement of levelling-up missions which sets out how they will deliver the missions.

Amendment 11, in clause 2, page 3, line 7, leave out subsections (4) and (5).

This amendment would remove the provision allowing the Secretary of State to discontinue a levelling-up mission.

Amendment 12, in clause 3, page 3, line 28, leave out “120” and insert “30”.

This amendment would reduce the period of time by which a report under section 2 must be laid before each House of Parliament to 30 days.

Amendment 13, page 3, line 32, leave out “120” and insert “30”.

See explanatory statement to Amendment 12

Amendment 14, page 4, line 2, leave out clause 4.

This amendment would remove the provision allowing a Minister to make changes to mission progress methodology and metrics or target dates.

Amendment 64, in clause 4, page 4, line 18, leave out from “which” to end of line 19 and insert—

“both conditions in subsection (4) have been met.

(4) The conditions are that—

(a) the House of Commons,

(b) the House of Lords

have passed a Motion in the form in subsection (5).

(5) The form of the Motion is—

That this House approves the revisions to the levelling-up mission progress methodology and metrics or target date made under section 4 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”

Amendment 15, in clause 5, page 5, line 18, at end insert—

“(ca) state whether the independent evaluating body considers that pursuing the levelling-up missions in that statement is effectively contributing to the reduction of geographical disparities in the United Kingdom,”

This amendment would require the report on a review of statements of levelling-up missions to include the assessment of the independent evaluating body.

Amendment 16, page 6, line 5, leave out from “which” to end of subsection (11) and insert—

“both conditions in subsection (12) have been met.

(12) The conditions are that—

(a) the House of Commons, and

(b) the House of Lords

has passed a Motion of the form in subsection (13).

(13) The form of the Motion is—

That this House approves the revisions to the statement of levelling-up missions made under section 5 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”

This amendment would require both Houses of Parliament to approve revisions to the statement of levelling-up missions to be approved by both Houses of Parliament before they have effect.

Amendment 17, page 12, line 24, leave out clause 16.

Government amendments 29, 45 and 46.

Amendment 18, in clause 52, page 45, line 16, leave out “may” and insert—

“must, within 6 months of the day on which this Act is passed,”.

This amendment would require the Secretary of State to produce guidance on the establishment and operation of CCAs within 6 months of this Act receiving Royal Assent.

Amendment 19, page 50, line 24, leave out clause 58.

This amendment would remove Clause 58, which allows an elected mayor to assume policing responsibilities without the consent of the combined authority.

Government amendments 47, 40 to 44, 1, 60, 51, 61 and 62.

[Dehenna Davison]

It is a pleasure to be here for the next stage of this vital Bill. My right hon. Friend the Secretary of State recently set out his guiding principles for the Bill: beauty, infrastructure, democracy, environment and neighbourhoods—or, for acronym fans, BIDEN. We want to ensure that people across the country have the opportunity to live and work in beautiful places, supported by the right infrastructure, with strong locally accountable leadership and with better access to an improved environment, all rooted in thriving neighbourhoods of which they can be proud. Regrettably, though, there are areas of the country that are long neglected and that will require a concerted effort from us all. We have to put an end to the shameful waste of potential that has held so many of our constituents and our country back for so long.

This is why the ambitions set out in the levelling up White Paper are so crucial. If we are going to achieve our ambitions, we have to be focused. That is why the first part of the Bill creates a self-renewing national focus on this endeavour, through the setting of and reporting on missions to level up. These missions, with their clear, measurable objectives, will drive the action needed to reduce geographic disparities. One such mission is our vision for devolution across England. This is why the Bill creates a new model for devolution: the combined county authority. It also improves existing models thought the combined authority and county deal models, making devolution easier to achieve, extend and deepen.

Levelling-up and Regeneration Bill

Rosie Winterton Excerpts

Report stage
Tuesday 13th December 2022 Commons Chamber

[The Minister of State, Department for Levelling Up, Housing and Communities (Lucy Frazer)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government new clause 49—Community land auction arrangements and their purpose.

Government new clause 50—Power to permit community land auction arrangements.

Government new clause 51—Application of CLA receipts.

Government new clause 52—Duty to pass CLA receipts to other persons.

Government new clause 53—Use of CLA receipts in an area to which section (Duty to pass CLA receipts to other persons)(1) duty does not relate.

Government new clause 54—CLA infrastructure delivery strategy.

Government new clause 55—Power to provide for authorities making joint local plans.

Government new clause 56—Parliamentary scrutiny of pilot.

Government new clause 57—CLA regulations: further provision and guidance.

Government new clause 58—Expiry of Part 4A.

Government new clause 59—Interpretation of Part 4A.

Government new clause 60—Street votes: community infrastructure levy.

Government new clause 63—Marine licensing.

Government new clause 64—Fees for certain services in relation to nationally significant infrastructure projects.

Government new clause 67—Power to decline to determine applications in cases of earlier non-implementation etc.

Amendment (a) to Government new clause 67, in proposed new section 70D(1)(d), after “subsection (2) or (3)” insert “or (3B)”.

Amendment (b) to Government new clause 67, before proposed new section 70D(4) insert—

“(3B) This subsection applies in a case where there has been a failure adequately to fulfil conditions attached to a previous planning permission.”

Government new clause 68—Duty to grant sufficient planning permission for self-build and custom housebuilding.

Government new clause 69—Street votes.

Government new clause 77—Nutrient pollution standards to apply to certain sewage disposal works.

Government new clause 78—Planning: assessments of effects on certain sites.

Government new clause 79—Remediation.

Government new clause 118—Pre-consolidation amendment of planning, development and compulsory purchase legislation.

Government new clause 119—Registration of short-term rental properties.

New clause 3—Solar panel requirements for new homes—

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of the Building Act 1984 to make building regulations for the purpose in subsection (2).

(2) That purpose is to provide that all new homes built in England from 1 April 2025 must have solar panels installed.”

This new clause would require new homes in England from 1 April 2025 to have solar panels.

New clause 5—Ecological surveys prior to planning application—

“(1) TCPA 1990 is amended as follows.

(2) After section 57 (planning permission required for development) insert—

‘57A Ecological surveys prior to planning permission

(1) Before making an application for planning permission the applicant

must undertake an ecological survey of the proposed site to establish

whether the proposed development threatens the habitat of a

vulnerable species.

(2) The Secretary of State must by regulations make provision about—

(a) such ecological surveys and requirements to undertake them,

(b) the definition of “vulnerable species” for the purposes of this

section,

(c) the mitigation hierarchy being duly followed, and

(d) the relocation of species to suitable alternative habitats where

clearance or destruction of the habitat cannot be avoided or

mitigated onsite.

(3) A person who alters a potential development site—

(a) prior to the completion of an ecological survey under this section,

and

(b) without due regard to potential habitats of vulnerable species

on the site commits an offence.

(4) A person who commits an offence under subsection (3) is liable on summary conviction to a fine.

(5) The Secretary of State may by regulations make provision about offences

under subsection (3).’

(3) After section 58A (permission in principle) insert—

‘58AA Duty of regard to wildlife habitats in granting permissions

In considering whether to grant planning permission or permission in principle for the development of land in England which threatens the habitat of a vulnerable species under section 57A the local planning authority or (as the case may be) the Secretary of State must have special regard to the desirability of preserving or enhancing the habitat.’”

This new clause requires ecological surveys establishing whether a proposed development threatens habitats of a vulnerable species before a planning application. It also requires planning authorities to take vulnerable species’ habitats into account in planning decisions and creates an offence relating to destroying habitats prior to the ecological survey.

Amendment (a) to new clause 5, in proposed new section 57A(1), leave out

“the habitat of a vulnerable species”

and insert—

“(a) the habitat of—

(i) any vulnerable or endangered species, or

(ii) any species of red status bird, or

(b) ancient woodland.”

Amendment (b) to new clause 5, after proposed new section 57A(5), insert—

“(6) In this section—

‘vulnerable or endangered species’ means a species protected by the Wildlife and Countryside Act 1981;

‘red status bird’ means any species of bird on the latest Birds of Conservation Concern red list.”

Amendment (c) to new clause 5, at end insert—

“(4) Where an ecological survey identifies that a proposed development constitutes a threat under subsection (1), any consideration of a planning application in relation to the proposed development by the local planning authority must begin with a presumption against development.”

New clause 6—Disposal of land held by public bodies—

“(1) The Local Government Act 1972 is amended in accordance with subsections (2) and (3).

(2) In section 123 (disposal of land by principal councils), after subsection (2) insert—

‘(2ZA) But the Secretary of State must give consent if the disposal is in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022.’

(3) In section 127(3) (disposal of land held by parishes and communities), after ‘(2A)’ insert ‘, (2ZA)’.

(4) The National Health Service Act 2006 is amended in accordance with subsection (5).

(5) After section 211 (acquisition, use and maintenance of property) insert—

‘211A Disposal of land held by NHS bodies

Any power granted by this Act to an NHS body to dispose of land is exercisable in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022 as if the NHS body were a local authority.’

(6) Subject to subsection (8), a disposal of land is in accordance with this section if it is in accordance with the Local Government Act 1972 General Disposal Consent (England) 2003 published in Department for Communities and Local Government Circular 06/03, as amended by subsection (7).

(7) Those amendments to the Local Government Act 1972 General Disposal Consent (England) 2003 are—

(a) after paragraph 1 insert—

‘(1A) This consent also applies to any NHS body in England as if it were

a local authority in accordance with section 211A of the National

Health Service Act 2006;’;

(b) in paragraph 2(b), for ‘£2,000,000 (two million pounds)’ substitute ‘£3,000,000 (three million pounds) or 40% of the unrestricted market value, whichever is greater’;

(c) for paragraph 3(1)(vii) substitute—

‘(viii) a Police and Crime Commissioner established under the Police Reform and Social Responsibility Act 2011;’;

(d) for paragraph 3(1)(ix) substitute—

‘(ix) the Mayor’s Office for Policing and Crime;’;

(e) for paragraph 3(1)(x) substitute—

‘(x) the London Fire Commissioner;’;

(f) after paragraph 3(1)(xii) insert—

‘(xiii) a combined authority;

(xiv) a mayoral combined authority;

(xv) the Greater London Authority;

(xvi) any successor body established by or under an Act of Parliament to any body listed in this subparagraph.’

(8) The Secretary of State may, to reflect inflation, further amend the cash value that the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal must not exceed.”This new clause would bring an amended and updated version of the Local Government Act 1972 General Disposal Consent (England) 2003 into primary legislation, extends its application to NHS bodies and clarifies that the Consent applies to Police and Crime Commissioners, MOPAC and the London Fire Commissioner.

New clause 8—National Parks purposes—

(1) Section 5 of the National Parks and Access to the Countryside Act 1949 is amended in so far as it applies to England as follows.

(2) For section 5(1) substitute—

‘(1) The provisions of this Part of this Act shall have effect for the purpose—

(a) of restoring, conserving and enhancing the—

(i) biodiversity and the natural environment;

(ii) natural beauty; and

(iii) cultural heritage

of the areas specified in the next following subsection; and

(b) of providing equal opportunities for all parts of society to

improve their connection to biodiversity and the natural

environment, natural beauty and cultural heritage of those areas

and the enjoyment of their special qualities.’

(3) For section 5(2) substitute—

‘(2) The said areas are those extensive tracts of country in England which it appears to Natural England that by reason of—

(a) their biodiversity and natural environment, natural beauty and cultural heritage; and

(b) the opportunities they afford for providing equal opportunities for all parts of society to improve their connection to biodiversity and the natural environment, natural beauty and cultural heritage of those areas and the enjoyment of their special qualities, having regard both to their character and to their position in relation to centres of population,

it is especially desirable that the necessary measures shall be taken for the purposes mentioned in the last foregoing subsection.’

(4) Omit section 5(2A).

(5) After subsection (3) insert—

‘(4) In subsection (1) above—

“biodiversity” has the meaning given to the term “biological diversity” by Article 2 of the United Nations Environmental Programme Convention on Biological Diversity of 1992;

“natural environment” has the meaning given by section 44 of the Environment Act 2021;

“natural beauty” has the meaning given by section 114(2) of this Act;

“cultural heritage” means any building, structure, other feature of the natural or built environment or site, which is of historic, architectural, archaeological or artistic interest.’

(6) The amendments made by subsections (1) to (5) above are without prejudice to the continuing validity of any designation of an area as a National Park under subsection (3) of that section.”

This new clause will amend the statutory purposes of National Parks to make it clearer that National Parks should actively recover nature and improve people’s connection with nature, as recommended by the Glover Review. Part (3) amends the criteria for designating new National Parks in line with the updated purposes.

New clause 9—Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated—

“(1) Section 11A (Duty of certain bodies and persons to have regard to the purposes for which National Parks are designed) of the National Parks and Access to the Countryside Act 1949 is amended in so far as it applies to England as follows.

(2) After subsection (1) insert—

‘(1A) A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section 5 of this Act, shall seek to promote climate change mitigation and adaptation, in particular through policies and projects that restore, conserve and enhance biodiversity and the natural environment while also reducing, or increasing the removal of, greenhouse gas emissions or supporting climate adaptation.’

(3) For subsection (2) substitute—

‘(2) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, any relevant authority must further the purposes specified in subsection (1) of section 5 of this Act and, if it appears that there is a conflict between paragraphs (a) and (b) of that subsection, shall attach greater weight to the purpose of restoring, conserving and enhancing the natural environment and biodiversity, natural beauty and cultural heritage of the area comprised in the National Park.’”

This new clause implements two recommendations from the Glover Review, to give National Park authorities a new duty to address climate change and to strengthen the existing duty on public bodies to “further” National Park purposes.

New clause 10—National Park Management Plans—

“(1) Section 66 (National Park Management Plans) of the Environment Act 1995 is amended in so far as it applies to England as follows.

(2) After subsection (1) insert—

‘(1A) A National Park Management Plan must include targets and actions to be achieved before the review of the plan under subsection (4) by the National Park authority and other relevant authorities that are exercising or performing any functions in relation to, or so as to affect, land in the National Park.

(1B) The targets and actions must include those that will contribute to—

(a) the furthering of the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949;

(b) the achievement of targets as may be set under

(i) sections 1 to 7 of the Environment Act 2021;

(ii) environmental improvement plans prepared under sections 8 to 15 of that Act; and

(iii) the Climate Change Act 2008 for the protection of the climate, including in respect of the mitigation of, and adaptation to, climate change; and

(c) the implementation of any local nature recovery strategies for an area within the National Park prepared under sections 104 to 107 of the Environment Act 2021.

(1C) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, a relevant authority must—

(a) in the case of a relevant authority other than a National Park authority, assist with the preparation of the National Park Management Plan by providing to the National Park authority a list of the actions that the relevant authority will take reasonable steps to undertake over the 5 years of the Plan to further the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949;

(b) take reasonable steps to undertake those actions within that period; and

(c) in the case of a relevant authority other than a National Park authority, at least six months prior to the commencement of the review of the National Park Management Plan, provide to the National Park authority the details of the actions that the relevant authority has undertaken during the period to which the Plan relates.

(1D) For the purposes of (1A) and (1B) “relevant authority” has the same meaning as in section 11A(3) of the National Parks and Access to the Countryside Act 1949.’

(3) After subsection (4) insert—

‘(4A) At least three months prior to the commencement of a review under subsection (4) a National Park authority must publish a report setting out, in particular, details of—

(a) targets and actions in the National Park Management Plan that have been achieved;

(b) targets and actions that have not been achieved;

(c) targets and actions that the National Park authority is not yet able to determine whether they have been achieved, the reasons for that and the steps the National Park authority or any other relevant authority intends to take in order to determine whether the target or action has been achieved, and, in respect of (b), the reasons why a target or action has not been achieved and the steps the National Park authority or any other relevant authority has taken, or intends to take, to ensure the target or action is achieved as soon as reasonably practicable.

(4B) Within three months of the publication of the report prepared in accordance with subsection (4A) Natural England must provide and publish advice to the National Park authority and any relevant authority as it sees fit, in relation to the National Park Management Plan that is to be reviewed, on—

(a) the extent to which and reasons why any targets in that Plan have not been met;

(b) actions that should be taken by the National Park authority or any relevant authority to ensure that the target is achieved as soon as possible; and

(c) targets to be set in the revised plan.

(4C) Advice given under (4B) must also contain the reasons for that advice.

(4D) It shall be the duty of a National Park authority and any relevant authority to follow the advice given under subsection (4B) unless it appears unreasonable to do so, in which case the National Park authority or relevant authority must publish a statement giving reasons why it is not following that advice.

(4E) At the same time as the publication of a report under paragraph (c) of subsection (6), a National Park authority must publish a report on its response to the advice given under (4B) and any actions taken by the National Park authority or any other relevant authority as a result of the advice given under paragraph (b) of subsection (4B).’

(4) For subsection (7) substitute—

‘(7) A National Park authority which is proposing to publish, adopt or review any plan under this section must publish notice of the proposal and a copy of the plan, together (where appropriate) with any proposed amendments of the plan and consult—

(a) every principal council and corporate joint committee whose area is wholly or partly comprised in the relevant Park;

(b) Natural England;

(c) the Environment Agency;

(d) any other relevant authority that is exercising or performing any functions in relation to, or so as to affect, land in a National Park; and

(e) the general public.’

(5) After subsection (7) insert—

‘(7A) A National Park authority must take into consideration any observations made by any of the persons consulted under subsection (7).’

(6) After subsection (8) insert—

‘(8A) Any plan which a National Park authority publishes, adopts or amends following a review under this section shall not be made operational until it is approved in writing by the Secretary of State on advice from Natural England.’

(7) After section 66 insert—

‘66A Guidance on the preparation of National Park Management Plans: England

(1) Natural England must issue guidance to National Park authorities on the preparation, content and implementation of National Park Management Plans.

(2) Guidance must be—

(a) published by Natural England in such manner as Natural England sees fit;

(b) kept under review; and

(c) revised where Natural England considers it appropriate.

(3) A National Park authority must have regard to the guidance when preparing and implementing a National Park Management Plan.

66B Annual reports on the implementation of National Park Management Plans: England

(1) As soon as practicable after the end of each financial year, a National Park authority in England must prepare a report on the implementation of the current National Park Management Plan during that year and send a copy of the report to the Secretary of State and Natural England.

(2) The report must include an assessment of—

(a) the progress that has been made during the financial year in achieving the targets and actions set out in the National Park Management Plan;

(b) the further progress that is needed to achieve those targets and actions and the steps the National Park authority or any other relevant authority will take to ensure the target or action is achieved before the next review of the Plan under subsection (4) of section 66; and

(c) whether those targets and actions are likely to be achieved before the next review of the Plan under subsection (4) of section 66.

(3) A relevant authority other than a National Park authority that is exercising or performing any functions in relation to, or so as to affect, land in a National Park in England must contribute to the report by providing to the National Park authority the details of the actions that the relevant authority has undertaken to further the purposes of the National Park specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949 during the financial year to which the report relates.

(4) The Secretary of State must lay a copy of the report before Parliament and publish the report.

(5) “Relevant authority” has the same meaning as in section 11A(3) of the National Parks and Access to the Countryside Act 1949.

66C Duty to provide advice or other assistance on request: England

Natural England must, at the request of a National Park authority or other relevant authority, provide advice, analysis, information or other assistance to the authority in connection with—

(a) the authority's functions under this or any other Act; and

(b) the progress made towards meeting the targets and actions included in a National Park Management Plan.

66D Strategic priorities and objectives for National Parks: England

(1) Within six months of the entering into force of this section, the Secretary of State must publish a statement setting out strategic priorities and objectives for National Park authorities and relevant authorities in carrying out relevant functions.

(2) National Park authorities and relevant authorities must carry out those functions in accordance with any statement published under this section.

(3) In formulating a statement under this section, the Secretary of State must further the purposes in section 5 of the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”).

(4) Before publishing a statement under this section, the Secretary of State must consult—

(a) National Park authorities;

(b) Natural England; and

(c) such relevant authorities as the Secretary of State thinks appropriate.

(5) Before publishing a statement under this section the Secretary of State must—

(a) lay a draft of the statement before Parliament; and

(b) then wait until the end of the 40-day period.

(6) The Secretary of State may not publish the final statement under this section if, within the 40-day period, either House of Parliament resolves not to approve it.

(7) “The 40-day period” means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).

(8) When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(9) The Secretary of State shall, in accordance with this section, publish a revised statement no later than five years after the publication of each statement.

(10) In this section—

“relevant authorities” shall have the same meaning as in section 11A of the 1949 Act; and

“relevant functions” means, for National Park authorities, the functions mentioned in Part III of this Act and, for relevant authorities, those functions mentioned in section 11A(2) of the 1949 Act.’”

This new clause would implement the recommendation of the Glover Review that National Park Management Plans should contain targets, priorities and actions to deliver the purposes of National Parks. It would also require National Park authorities and other public bodies to set out what steps they will take to achieve those targets, priorities and actions.

New clause 11—National Park Authorities—

“(1) Schedule 7 to the Environment Act 1995 is amended in so far as it applies to England as follows.

(2) In paragraph 1(3) after “must” insert “not”.

(3) In paragraph 2(3)(c) omit “only at the request of that council”.

(4) After paragraph 2(4) insert—

“(4A) In appointing local authority members of a National Park authority, a principal council must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.”

(5) After paragraph 3(2) insert—

“(2A) In appointing parish members of a National Park authority the Secretary of State must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.”

(6) After paragraph 4(1) insert—

“(1A) In appointing members of a National Park authority the Secretary of State must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.””

This new clause would allow the Secretary of State to amend secondary legislation to increase the proportion of National Park authority members who are nationally appointed, on the basis of their skills and experience. It would also require that consideration is given to ensuring members have relevant experience.

New clause 12—Requirements to encourage the development of small sites—

“(1) In respect of a development where the conditions in subsection (2) are satisfied, local authorities must support opportunities to bring forward sites and apply a presumption in favour of development.

(2) The conditions are that—

(a) the site is less than 0.25 hectares in area, and

(b) the site contains over 60% affordable housing.

(3) In this section, “affordable housing” has the same meaning as in Annex 2 of the NPPF.”

This new clause would provide for a presumption in favour of development for affordable-led small sites and encourage councils to bring forward small sites for development.

New clause 13—Duty of regard to the right to nature—

“(1) It is the duty of public authorities when exercising their functions under this Act to have special regard to the right to nature.

(2) For the purposes of subsection (1), the “right to nature” means the right to a clean, healthy and sustainable environment.

(3) Contributing to providing and maintaining a clean, healthy and sustainable environment includes increasing access to natural spaces and reducing geographical inequalities in this access.”

This new clause would create a right to a clean, healthy and sustainable environment, and require authorities to increase access to nature and to ensure access is equitably distributed across different communities.

New clause 14—FloodRe Build Back Better scheme participation—

“(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies participate in the FloodRe Build Back Better scheme to reimburse flood victims for costs of domestic flood resilience and prevention measures.

(2) In making those rules the Financial Conduct Authority must have regard to its operation objectives to—

(a) protect consumers, and

(b) promote competition.”

This new clause would require the Financial Conduct Authority to make rules requiring insurance companies to participate in the currently voluntary Build Back Better scheme, which was launched by FloodRe in April 2022.

New clause 15—Minimum requirements for flood mitigation and protection—

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of 5 the Building Act 1984 to make building regulations for the purpose in subsection (2).

(2) That purpose is to set minimum standards for new build public and private properties in England for—

(a) property flood resilience,

(b) flood mitigation, and

(c) waste management in connection with flooding.”

This new clause would require the Government to set minimum standards for flood resilience, flood mitigation and flood waste management in building regulations.

New clause 16—Duty to make flooding data available—

“(1) The Secretary of State and local authorities in England must take all reasonable steps to make data about flood prevention and risk publicly available

(2) The duty under subsection (1) extends to seeking to facilitate use of the data by—

(a) insurers for the purpose of accurately assessing risk, and

(b) individual property owners for the purpose of assessing the need for property flood resilience measures.”

This new clause would place a duty on the Government and local authorities to make data about flood prevention and risk available for the purpose of assisting insurers and property owners.

New clause 17—Flood prevention and mitigation certification and accreditation schemes—

“(1) The Secretary of State must by regulations establish—

(a) a certification scheme for improvements to domestic and commercial properties in England made in full or in part for flood prevention or flood mitigation purposes, and

(b) an accreditation scheme for installers of such improvements.

(2) The scheme under subsection (1)(a) must—

(a) set minimum standards for the improvements, including that they are made by a person accredited under subsection (1)(b), and

(b) provide for the issuance of certificates stating that improvements to properties have met those standards.

(3) The scheme under subsection (1)(a) may make provision for the certification of improvements that were made before the establishment of the scheme provided those improvements meet the minimum standards in subsection (2)(a).

(4) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) A draft statutory instrument containing regulations under this section must be laid before Parliament before the end of the period of six months beginning with the day on which this Act comes into force.”

This new clause would require the Government to establish a certification scheme for improvements to domestic and commercial properties in England made for flood prevention or flood mitigation purposes and an accreditation scheme for installers of such improvements.

New clause 18—Insurance premiums—

“(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies to take into account the matters in subsection (2) when calculating insurance premiums relating to residential and commercial properties.

(2) Those matters are—

(a) that certified improvements have been made to a property under section [flood prevention and mitigation certification and accreditation schemes], or

(b) that measures that were in full or in part for the purposes of flood prevention or mitigation have been taken in relation to the property that were requirements of the local planning authority for planning permission purposes.”

This new clause would require the Financial Conduct Authority to make rules requiring insurance companies to take into account flood prevention or mitigation improvements that are either certified or planning permission requirements in setting insurance premiums.

New clause 19—Flood Reinsurance scheme eligibility—

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed—

(a) establish a new Flood Reinsurance scheme under section 64 of the Water Act 2014 which is in accordance with subsection (2), and

(b) lay before Parliament a draft statutory instrument containing regulations under that section to designate that scheme.

(2) A new Flood Reinsurance scheme is in accordance with this section if it extends eligibility to—

(a) premises built on or after 1 January 2009 which have property flood resilience measures that meet the standard under section [minimum requirements for flood mitigation and protection](2)(a), and

(b) buildings insurance for small and medium-sized enterprise premises.

(3) The Secretary of State may by regulations require public bodies to share business rates information with the scheme established under subsection (1)(a) for purposes connected with the scheme.

(4) The Water Act 2014 is amended in accordance with subsections (5) to (9).

(5) In section 64 (the Flood Reinsurance scheme), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.

(6) In section 67 (scheme administration), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.

(7) After section 69 (disclosure of HMRC council tax information) insert—

“(69A) Disclosure of business rates information

(1) The Secretary of State may by regulations require public bodies to disclose information relating to business rates to any person who requires that information for either of the following descriptions of purposes—

(a) purposes connected with such scheme as may be established and designated in accordance with section 64 (in any case arising before any scheme is so designated);

(b) purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with section 64).

(2) A person to whom information is disclosed under regulations made under subsection (1)(a) or (b)—

(a) may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;

(b) may not further disclose the information except in accordance with those regulations.”

(8) In section 82(5) (interpretation)—

(a) for “69” substitute “69A”;

(b) after “household premises” insert “small and medium-sized enterprise premises”.

(9) In section 84(6) (regulations and orders), after paragraph (e) insert—

“(ea) regulations under section 69A (disclosure of business rates information),”.”

This new clause would require the Government to extend the FloodRe scheme to premises built since 2009 that have property flood resilience measures that meet minimum standards and buildings insurance for small and medium-sized enterprise premises.

New clause 20—Strengthening local powers on new home standards, affordable housing and bus services—

“(1) The Secretary of State must make Building Regulations under section 1 of the Building Act 1984 providing that new homes in England must meet the full requirements of the Future Homes Standard from 1 January 2023.

(2) A local authority in England may choose to require and enforce minimum carbon compliance standards for new homes in its area which exceed the Future Homes Standard from that date.

(3) Notwithstanding the National Planning Policy Framework, a local planning authority may mandate that any new housing in its area is affordable.

(4) A local planning authority may define “affordable” for the purposes of subsection (3).

(5) Notwithstanding section 66 of the Transport Act 1985, a local authority in England shall have power to provide a service for the carriage of passengers by road which requires a PSV operator’s licence.”

This new clause would bring forward the date for which the Future Homes Standard for carbon compliance of new homes would apply and give local authorities the option of imposing higher standards locally; it would enable local authorities to mandate that new housing under their jurisdiction is affordable and confer new powers on local authorities to run their own bus services.

New clause 40—Requirement to hold a referendum on fracking applications—

“(1) This section applies to any planning application for the purposes of, or in connection with, hydraulic fracturing.

(2) The local planning authority may not approve an application to which this section applies unless it has been approved by a referendum in accordance with subsection (3).

(3) A referendum is in accordance with this subsection if—

(a) it is a poll of all local authority electors resident in the license area or the impact zone of the proposed hydraulic fracturing site; and

(b) it is approved by the majority of such electors who vote in the referendum.

(4) The Secretary of State may, by regulations, make further provision about the conduct of referendums under subsection (3).

(5) In making regulations under subsection (4) the Secretary of State must have regard to the provisions of the Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014).

(6) The total referendum expenses incurred must be paid in full by the planning applicant.”

New clause 43—Planning permission required for use of dwelling as second home—

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 55 (meaning of “development” and “new development”), after subsection (3)(a) insert—

“(aa) the use of a dwelling as a second home following a change in ownership involves a material change in the use of the building (whether or not it was previously used as a second home);”.”

This new clause would mean planning permission would be required for a dwelling to be used as a second home following a change of ownership.

New clause 44—Local authorities to be permitted to require that new housing in National Parks and AONB is affordable—

“(1) Notwithstanding the National Planning Policy Framework, a local planning authority may mandate that any new housing in its area that is within—

(a) a National Park, or

(b) an Area of Outstanding Natural Beauty

is affordable.

(2) A local planning authority may define “affordable” for the purposes of subsection (1).”

This new clause would enable local authorities to mandate that new housing under their jurisdiction and within a National Park or an Area of Outstanding Natural Beauty is affordable, and to define “affordable” for that purpose.

New clause 47—Disability accessibility standards for railway stations—

“(1) The Secretary of State must take all reasonable steps to ensure that railway stations in England—

(a) provide step-free access from street to train, and

(b) meet in full and as soon as possible the disability access standards in the Design Standards for Accessible Railway Stations Code of Practice published by the Department for Transport and Transport Scotland in March 2015.

(2) Any requirements made in conjunction with that duty may not make any exemptions or concessions for small or remote stations.

(3) In undertaking the duty in subsection (1) the Secretary of State may—

(a) make an application to the Office of Rail and Road under section 16A (provision, improvement and development of railway facilities) of the Railways Act 1993;

(b) revise the code of practice under section 71B (code of practice for protection of interests of rail users who are disabled) of the Railways Act 1993;

(c) amend the contractual conditions of any licenced railway operator;

(d) instruct Network Rail to take any action the Secretary of State considers necessary in connection to the duty.

(4) The Secretary of State must report annually to Parliament on performance against the duty.”

This new clause places a duty on the Secretary of State to ensure that railway stations meet disability access standards.

New clause 72—Super-affirmative procedure for EOR regulations made under Part 5—

“(1) If the Secretary of State proposes to make EOR regulations which fall under section 195(5), the Secretary of State must lay before Parliament a document that—

(a) explains the proposal, and

(b) sets it out in the form of draft EOR regulations.

(2) During the period of 60 days beginning with the day on which the document was laid under subsection (1) (“the 60-day period”), the Secretary of State may not lay before Parliament draft regulations to give effect to the proposal (with or without modifications).

(3) In preparing draft regulations under this Part to give effect to the proposal, the Secretary of State must have regard to any of the following that are made with regard to the draft regulations during the 60-day period—

(a) any representations, and

(b) any recommendations of a committee of either House of Parliament

charged with reporting on the draft regulations.

(4) When laying before Parliament draft regulations to give effect to the proposal (with or without modifications), the Secretary of State must also lay a document that explains any changes made to the proposal contained in the document laid before Parliament under subsection (1).

(5) In calculating the 60-day period, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than 4 days.”

This new clause would require EOR regulations made under Part 5 to be subject to the super-affirmative procedure.

New clause 73—National development management policy—

“(1) A national development management policy must not include any provision that—

(a) requires any housing to be built on the green belt; or

(b) encourages the building of housing on the green belt.

(2) For the purpose of this section, “the green belt” means any land designated as green belt by a local planning authority.”

This new clause would ensure that the government cannot use national development management policies to allow housing to be built on green belt land.

New clause 80—Prohibition of onshore developments for purposes of oil and gas searching, boring and extraction—

“(1) The Petroleum Act 1988 is amended in accordance with subsection (2).

(2) In section 3 (licences to search and bore for and get petroleum), after subsection (2) insert—

“(2A) But the appropriate authority may not issue any new such onshore licence after the day on which the Levelling-up and Regeneration Act 2023 is passed.

(2B) The prohibition in subsection (2A) includes licences or consents relating to hydraulic fracturing.”

(3) A planning authority or Secretary of State may not grant planning permission to any proposed development for the purposes of searching for, boring for or getting petroleum.

(4) This section comes into force on the day on which this Act is passed.”

This new clause would prevent planning authorities or the Secretary of State from granting planning permission to any new onshore oil or gas developments, including hydraulic fracturing.

New clause 81—Prohibition of development for the purpose of coal-mining—

“(1) The Coal Industry Act 1994 is amended in accordance with subsection (2).

(2) In section 26 (Grant of licences), after subsection (2) insert—

“(2A) But the appropriate authority may not issue any new such licence after the day on which the Levelling-up and Regeneration Act 2023 is passed.

(2B) The prohibition in subsection (2A) includes licences or consents relating to—

(a) any new coal mine; and

(b) the expansion of, or extension to, any existing coal mine (including time-extension applications).”

(3) A minerals planning authority must not grant planning permission to any proposed development for the purposes of coal-mining operations.

(4) A minerals planning authority must not grant any extension of existing planning permission to any development for the purposes of coal-mining operations.

(5) This section comes into force on the day on which this Act is passed.”

New clause 83—Industrial support reporting—

“(1) The Secretary of State must prepare annual reports on—

(a) the rates of the matters in subsection (2), and

(b) the extent to which the fiscal and regulatory framework supports growth in those matters in areas with rates of poverty, unemployment or economic inactivity above the national average.

(2) The matters are—

(a) new factory openings,

(b) investment in new factory equipment,

(c) the introduction of tailored skills-acquisition programmes, and

(d) the creation of manufacturing jobs.

(3) The first such report must be laid before Parliament before the end of 2023.

(4) A further such report must be laid before Parliament in each subsequent calendar year.”

This new clause would require the Secretary of State to report annually to Parliament on the rates of, and the extent to which the fiscal and regulatory framework supports, new factory openings, investment in new factory equipment, introduction of tailored skills-acquisition programmes and creation of manufacturing jobs in areas with rates of poverty, unemployment or economic inactivity above the national average.

New clause 85—Wildbelt—

“(1) Local planning authorities should maintain a register of wildbelt land in their local areas (see section 106(c) of the Environment Act 2021).

(2) Wildbelt land must be recognised in Local Plans based on areas identified in the Local Nature Recovery Strategy.

(3) Local planning authorities must act in accordance with Local Nature Recovery Strategy wildbelt designations in the exercise of relevant functions, including land use planning and planning decisions.

(4) Wildbelt land should not be subject to land use change that hinders the recovery of nature in these areas.”

This new clause would secure a land designation in England that provides protection for sites being managed for nature’s recovery, identified through the Local Nature Recovery Strategies created by the Environment Act. Sites designated as wildbelt in Local Plans would be subject to only moderate controls, precluding development but allowing farming and other land uses which do not hinder the recovery of nature.

New clause 86—Wildbelt & the Environment Act—

“In section 106(5) of the Environment Act 2021, after paragraph (b) insert—

“(c) any sites identified as having potential for nature’s recovery, to be known as wildbelt sites;””

New clause 87—Energy efficiency measures in listed buildings—

“(1) The Secretary of State must make regulations about the use of energy efficiency measures in residential listed buildings.

(2) The aim of the regulations must be to make it easier for owners of residential listed buildings to improve the energy efficiency of those buildings.

(3) The regulations may impose any requirement upon Historic England that the Secretary of State considers necessary in order to achieve the aim in subsection (2).

(4) In this section, “energy efficiency measures” include—

(a) the installation of heat pumps; and

(b) any measure aimed at improving the energy efficiency rating of a property.”

New clause 88—New Permitted Development Right—

“(1) The Secretary of State must, by regulations, create a new permitted development right to allow existing residential buildings to be redeveloped without further planning consent if—

(a) the building is in an urban area,

(b) the local authority has issued one or more design codes for the area in which the building is situated, and the redevelopment complies with it,

(c) the building is not a listed building or subject to other heritage protections, and

(d) the redevelopment complies with all relevant building safety regulations.

(2) Subsection (1) comes into force after a period of six months beginning on the day on which this Act is passed.

(3) A local planning authority must issue one or more design codes for residential buildings in all urban areas within their boundaries within six months of the passage of this Act.”

This new clause would create simplified residential planning permission for homes in towns and cities which comply with designs that have been pre-approved by their Local Authority.

New clause 89—Peat Extraction: no compensation for alteration of planning permissions—

“(1) Section 107 of the Town and Country Planning Act 1990 is amended as follows.

(2) After subsection (5), insert—

“(6) From 1 January 2024, this section does not apply to permissions relating to the extraction of peat.””

This new clause removes a barrier that prevents Mineral Planning Authorities taking action to bring to an end the extraction of peat within England. It is timed to coincide with the expected legal ban on the sale of peat and peat containing products in England and Wales.

New clause 92—Chief Planning Officers—

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) After section 1 insert—

“1A Planning authorities: chief planning officer

(1) Each planning authority must have a chief planning officer.

(2) The role of an authority’s chief planning officer is to advise the authority about the carrying out of—

(a) the functions conferred on them by virtue of the planning Acts, and

(b) any function conferred on them by any other enactment, insofar as the function relate to development.

(3) The Secretary of State must issue guidance to planning authorities concerning the role of an authority’s chief planning officer.

(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.

(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Secretary of State.””

This new clause would place a duty on local planning authorities to appoint a Chief Planning Officer to perform planning functions and requires them to appoint sufficiently qualified persons to perform them with regard to guidance from the Secretary of State.

New clause 94—Vacant higher value local authority housing—

“(1) The Housing and Planning Act 2016 is amended as follows.

(2) Leave out Chapter 2 of Part 4 (Vacant higher value local authority housing).”

This new clause would implement the decision set out in the 2018 social housing green paper to not require local authorities to make a payment in respect of their vacant higher value council homes as provided for by the Housing and Planning Act 2016.

New clause 95—Review of Permitted Development Rights—

“(1) The Secretary of State must establish a review of permitted development rights under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

(2) The review should include an assessment of—

(a) the past effectiveness of permitted development rights in achieving housing targets;

(b) the quality of housing delivered under permitted development rights;

(c) the impacts of permitted development on heritage, conservation areas and setting;

(d) the estimated carbon impact of the use of permitted development rights since the expansion of permitted development to demolition;

(e) the relative cost to local planning authorities of processing permitted development compared to full planning consents;

(f) potential conflict between existing permitted development rights and the application of national development management policies;

(g) the impact of permitted development rights, or other policies in this Bill designed to deliver streamlined consent, on the efficacy of levelling-up missions.

(3) The Secretary of State must publish a report of the recommendations made by this review no later than twelve months after this Act comes into force.”

This new clause would commit the government to carrying out a comprehensive review of permitted development rights within 12 months of the Bill securing Royal Assent.

New clause 96—Local authority planning committee meetings—

“(1) The Secretary of State must by regulations make provision relating to—

(a) requirements to hold local authority planning committee meetings;

(b) the times at or by which, periods within which, or frequency with which, local authority planning committee meetings are to be held;

(c) the places at which local authority planning committee meetings are to be held;

(d) the manner in which persons may attend, speak at, vote in, or otherwise participate in, local authority planning committee meetings;

(e) public admission and access to local authority planning committee meetings;

(f) the places at which, and manner in which, documents relating to local authority planning committee meetings are to be open to inspection by, or otherwise available to, members of the public.

(2) The provision which must be made by virtue of subsection (1)(d) includes in particular provision for persons to attend, speak at, vote in, or otherwise participate in, local authority planning committee meetings without all of the persons, or without any of the persons, being together in the same place.”

This new clause would allow local authorities to hold planning committee meetings and reach planning decisions virtually or in a hybrid form.

New clause 97—Chief Planning Officers—

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) After section 1 insert—

“1A Planning authorities: chief planning officer

(1) Each planning authority must have a chief planning officer.

(2) The role of an authority’s chief planning officer is to advise the authority about the carrying out of—

(a) the functions conferred on them by virtue of the planning Acts, and

(b) any function conferred on them by any other enactment, insofar as the function relate to development.

(3) The Secretary of State must issue guidance to planning authorities concerning the role of an authority’s chief planning officer.

(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.

(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Secretary of State.””

This new clause would place a duty on local planning authorities to appoint a Chief Planning Officer to perform planning functions and requires them to appoint sufficiently qualified persons to perform them with regard to guidance from the Secretary of State.

New clause 98—Duty with regard to climate change—

“(1) The Secretary of State must have special regard to achieving the mitigation of and adaptation to climate change when preparing—

(a) national policy or advice relating to the development or use of land,

(b) a development management policy pursuant to section 38ZA of the PCPA 2004.

(2) The Secretary of State must aim to ensure consistency with achieving the mitigation of and adaptation to climate change when exercising a relevant function under a planning enactment.

(3) A relevant planning authority when—

(a) exercising a planning function must have special regard to, and aim to ensure consistency with, achieving the mitigation of and adaptation to climate change, and

(b) making a planning decision must aim to ensure the decision is consistent with achieving the mitigation of and adaptation to climate change.

(4) For the purposes of subsection (3), a relevant planning authority is as set out in section 81 (a) and (b) and (d) to (j).

(5) For the purposes of subsection (2) a relevant function is a function that relates to the development or use of land.

(6) For the purposes of subsection (3) a planning function is the preparation of—

(a) a spatial development strategy;

(b) a local plan;

(c) a minerals and waste plan;

(d) a supplementary plan; or

(e) any other policy or plan that will be used to inform a planning decision.

(7) For the purposes of subsections (3) and (6) a planning decision is a decision relating to—

(a) the development or use of land arising from an application for planning permission;

(b) the making of a development order; or

(c) an authorisation pursuant to a development order.

(8) In relation to neighbourhood planning, a qualifying body preparing a draft neighbourhood plan or development order must have special regard to achieving the mitigation of and adaptation to climate change.

(9) For the purposes of this section, achieving the mitigation of climate change shall include the achievement of—

(a) the target for 2050 set out in section 1 of the Climate Change Act 2008, and

(b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.

(10) For the purposes of this section, achieving adaptation to climate change shall include the achievement of long-term resilience to climate-related risks, including—

(a) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and

(b) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.”

This new clause would place an overarching duty on the Secretary of State, local planning authorities and those involved in neighbourhood plan-making to achieve the mitigation and adaptation of climate change when preparing plans and policies or exercising their functions in planning decision-making.

New clause 99—Permitted development: temporary use of land—

“(1) Section 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 is amended in accordance with subsection (2).

(2) After subsection (6) insert—

“(6A) Where the proposed use of any land is to operate a commercial helicopter service—

(a) the local planning authority must be notified of the date the site will be used for this purpose, and

(b) the site must be approved for use for this purpose by the local planning authority.””

New clause 100—Planning Application Fees—

“(1) Section 303 of the Town and Country Planning Act 1990 (Fees for planning applications etc.) is amended as follows.

(2) After subsection (4) insert—

“(4A) A local planning authority may make provision as to how a fee or charge under this section is to be calculated (including who is to make the calculation).””

This new clause would allow local authorities to set the fees for planning applications, in order that the cost of determining an application is reflected by the fee charged.

New clause 101—Greenbelt protection in the NPPF—

“(1) The Secretary of State must ensure that the National Planning Policy Framework (NPPF) is in accordance with subsection (2).

(2) The NPPF must provide that when considering any planning application in the greenbelt, unmet housing need does not constitute very special circumstances.”

This new clause would ensure that unmet housing need cannot constitute a very special circumstance when assessing harm caused by development on the greenbelt, to align with the Written Statement HCWS423 of 17 December 2015. This would, for example, enable a local planning authority to refuse an inappropriate speculative development in the absence of a local plan.

New clause 102—Calculation of housing need—

“(1) The Secretary of State must, by regulations, make provision requiring local planning authorities to use the most recently published ONS household projections when preparing their local plans.

(2) The NPPF must provide that when considering any planning application, unmet housing need is calculated using the most recent ONS household projections.”

This new clause would end the mandatory use of outdated 2014 ONS household projection figures when calculating unmet housing need using the standard method.

New clause 103—Onshore wind in the National Planning Policy Framework—

“(1) The Secretary of State must ensure that the National Planning Policy Framework (NPPF) is in accordance with subsection (2).

(2) The NPPF must not contain a presumption against a proposed wind energy development involving one or more turbines.”

This new clause would remove the presumption against onshore wind turbines, which is currently prevented in all cases by the inclusion of Footnote 54 in the NPPF.

New clause 104—Deliberative democracy: local planning—

“(1) Before the preparation of any development or outline plan the local planning authority must undertake a process of deliberative democracy which involving the community to set—

(a) the balance of economic, environmental, infrastructure and special plans,

(b) the type of housing to be delivered,

(c) the infrastructure that is required to be hosted,

(d) the type of economic space, and

(e) environmental considerations, including making sites sustainable.

(2) A process of deliberative democracy under this section must—

(a) invite all residents of the local authority area to apply to be a representative in the deliberative democracy process,

(b) include measures to try to ensure that there will be a diverse representation of that community in the process, and

(c) provide for a forum of representatives that—

(i) will determine its terms of terms of reference, number of meetings and agenda at its first meeting, and

(ii) will produce a report from the deliberative democracy process.

(3) A report under subsection (2)(c)(ii) may determine the scope of development on a site.”

This new clause would introduce a deliberative democracy forum comprised of members of the public prior to the formation of a new development plan or outline plan.

New clause 105—Nature restoration duty—

“(1) It is the duty of relevant Ministers to identify of and maintain a network of sites for the purposes of restoring and protecting the natural environment in local areas.

(2) By 2030 and thereafter, the network must include at least 30% of land in England that is protected, monitored and managed as a "protected site" or other effective area-based conservation measures for the protection and restoration of biodiversity.

(3) For the purposes of subsection (2), "protected site” means a site that satisfies the following conditions—

(a) habitats, species and other significant features of the natural environment with biodiversity value within the site are strictly protected from direct and indirect harm;

(b) management and monitoring provisions are made to ensure that habitats, species and other significant features of the natural environment with biodiversity value within the site are restored to and maintained at favourable condition and are subject to continuing improvement; and

(c) provision is made to ensure that conditions (a) and (b) are met in perpetuity.

(4) In carrying out duties under this section, the Secretary of State must be satisfied that—

(a) any areas of special interest for biodiversity in England as defined in section 28 of the Wildlife and Countryside Act 1981;

(b) all irreplaceable habitats; and

(c) areas identified in Local Nature Recovery Strategies that are protected in the planning system and managed for the recovery of the natural environment have been identified and designated as a protected site.”

This new clause would require relevant Ministers to identify and maintain a network of sites for nature to protect at least 30% of the land in England for nature by 2030. The clause defines the level of protection sites require to qualify for inclusion in the new network and requires key sites for nature to be included within it.

New clause 106—Churches and church land to be registered as assets of community value—

“(1) The Assets of Community Value (England) Regulations 2012 (S.I. 2421/2012) are amended as follows.

(2) After regulation 2 (list of assets of community value), insert—

“2A Parish churches and associated glebe land are land of community value and must be listed.””

This new clause would require parish churches and associated glebe land to be listed as assets of community value, meaning communities would have the right to bid on them before any sale.

New clause 107—Licensing scheme: holiday lets—

“(1) The Secretary of State must make regulations to require each relevant local authority in England to introduce a local licensing scheme for holiday lets.

(2) Any local licensing scheme introduced pursuant to regulations made under subsection (1) must require any owner of a holiday let to—

(a) obtain any fire, gas and electricity safety certificates as specified by the scheme;

(b) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations;

(c) secure a licence for the holiday let from the local authority prior to trading;

(d) obtain a licence and renew this licence—

(i) every three years,

(ii) when the property changes ownership, or

(iii) when there is a change in the person holding day to day responsibility for the property; and

(e) not let out a property without a valid licence.

(3) A local authority introducing a licensing scheme must—

(a) outline—

(i) the terms and conditions of the licence,

(ii) the application process for securing the licence, and

(iii) the licence renewal process;

(b) determine an annual licence fee for each licensed property;

(c) inspect any property prior to issuing a licence;

(d) require the owner of a short term holiday let to—

(i) apply for and hold a licence to operate for each property they let prior to trading,

(ii) pay a licence application fee and annual charge for the licence,

(iii) renew the licence as required by the local authority under their licensing scheme,

(iv) pay any fines associated with breaches of a licence as laid out in the local licensing scheme,

(v) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations, and

(vi) provide up to date property details including details of who will hold responsibility for the day to day management of the property;

(e) maintain an up to date list of all licensed short term holiday let properties within the local authority area to include—

(i) the address of the property,

(ii) whether this is a shared property occupied by the owner or a separate let,

(iii) how many people are eligible to stay at the property, and

(iv) how many days of the year that the property will be advertised for letting and be let;

(f) inspect the property following a report from the public of an issue of concern relating to the property or to any other property owned by the same person;

(g) monitor compliance with the licensing scheme;

(h) publish an annual report on the number and location of licences including the number and location of licences in each ward and their impact on local residential housing supply and details of any breaches reported and fines issued; and

(i) provide residents adjacent to the short term holiday let contact details of their enforcement officer should they experience any issue at the property.

(4) A licensing scheme must allow the local authority to—

(a) set out details of any area where the granting or renewal of licences will be banned, suspended or limited;

(b) set limits and or thresholds on the level of the licencing permitted in any area;

(c) require property owners to renew their licences every three years, or when a property changes in ownership;

(d) issue fines or remove a licence of a property if—

(i) fire, health and safety conditions are breached,

(ii) criminal activity occurs at the property, or

(iii) excess noise and nuisance or anti-social behaviour rules as set out in the licensing conditions are repeatedly breached, or

(iv) the registered owner or the person listed as holding responsibility for the property has had licences on other properties removed; and

(e) issue penalties or licensing bans on those renting properties without a licence.

(5) In this section—

an

“area” may be—

(a) a polling district;

(b) a ward; or

(c) the whole local authority area;

“holiday let” means—

(a) a dwelling-house let for the purpose of conferring on the tenant the right to occupy the dwelling-house for a holiday, or

(b) any part of a dwelling-house let for the purpose of conferring on the tenant to occupy that part of the house for a holiday;

“relevant local authority” means—

(a) a district council in England;

(b) a county council in England for an area for which there is no district council;

(c) a London borough council; (d) the Common Council of the City of London.”

This new clause provides for the introduction of a licensing scheme for holiday lets.

New clause 108—Review of Permitted Development Rights—

“(1) The Secretary of State must, within 12 months of this Act gaining Royal Assent, commission and publish an independent review of permitted development rights under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596).

(2) The review should include an assessment of—

(a) the past effectiveness of permitted development rights in achieving housing targets;

(b) the quality of housing delivered under permitted development rights;

(c) the impacts of permitted development on heritage, conservation areas and setting;

(d) the estimated carbon impact of the use of permitted development rights since the expansion of permitted development to demolition;

(e) the relative cost to local planning authorities of processing permitted development compared to full planning consent;

(f) potential conflict between existing permitted development rights and the application of national development management policies;

(g) the impact of permitted development rights, or other policies in this Bill designed to deliver streamlined consent, on the efficacy of levelling-up missions.

(3) The review should make recommendations.”

This new clause requests a review of permitted development rights to run in conjunction with the development of national development management policies, which will examine the potential for conflict between existing rights and likely national policies. This review would examine the interaction between other permissive and streamlined consent provisions in the Bill.

New clause 109—Cycling, walking and rights of way plans: incorporation in development plans—

“(1) A local planning authority must ensure that the development plan incorporates, so far as relevant to the use or development of land in the local planning authority’s area, the policies and proposals set out in—

(a) any local cycling and walking infrastructure plan or plans prepared by a local transport authority;

(b) any rights of way improvement plan.

(2) In dealing with an application for planning permission or permission in principle the local planning authority shall also have regard to any policies or proposals contained within a local cycling and walking infrastructure plan or plans and any rights of way improvement plan which have not been included as part of the development plan, so far as material to the application.

(3) In this section—

(a) “local planning authority” has the same meaning as in section 15LF of PCPA 2004;

(b) “local transport authority” has the same meaning as in section 108 of the Transport Act 2000;

(c) a “rights of way improvement plan” is a plan published by a local highway authority under section 60 of the Countryside and Rights of Way Act 2000.”

This new clause would require development plans to incorporate policies and proposals for cycling and walking infrastructure plans and rights of way improvement plans. Local planning authorities would be required to have regard to any such policies and proposals where they have not been incorporated in a development plan.

New clause 110—Consistency with the mitigation of and adaptation to climate change—

“(1) The Secretary of State must aim to ensure consistency with the mitigation of, and adaptation to, climate change in preparing—

(a) national policy or advice relating to the development or use of land,

(b) a development management policy pursuant to section 38ZA of the Planning and Compulsory Purchase Act 2004.

(2) A relevant planning authority when making a planning decision must aim to ensure the decision is consistent with the mitigation of, and adaptation to, climate change.

(3) For the purposes of subsection (2), a relevant planning authority is as set out in section 81.

(4) For the purposes of subsection (2) a planning decision is a decision relating to—

(a) development arising from an application for planning permission;

(b) the making of a development order granting planning permission;

(c) an approval pursuant to a development order granting planning permission.

(5) For the purposes of this section—

(a) the mitigation of climate change shall include the achievement of—

(i) the target for 2050 set out in section 1 of the Climate Change Act 2008, and

(ii) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.

(b) adaptation to climate change shall include the achievement of long-term resilience to all climate-related risks, such as risks to health, well-being, food supply and infrastructure, including but not limited to—

(i) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and

(ii) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.

(6) The meaning of the mitigation of, and adaptation to, climate change given by subsection (5) applies for the purposes of—

(a) Parts 2 and Part 3 of the Planning and Compulsory Purchase Act 2004,

(b) section 334 of the Greater London Authority Act 1999, and

(c) Part 10A of the Planning Act 2008.”

This new clause would require planning policy prepared by the Secretary of State to inform local plan-making and planning decisions, and planning decisions themselves (including those made by the Secretary of State) to be consistent with national targets and objectives for the mitigation of, and adaption to, climate change. To ensure consistency in implementation, the clause extends the definition to the requirements relating to the mitigation of, and adaption to, climate change set out in the bill.

New clause 111—Vacant higher value local authority housing—

“(1) The Housing and Planning Act 2016 is amended in accordance with subsection (2).

(2) Leave out Chapter 2 of Part 4.”

New clause 112—Registers of persons seeking to acquire land to build a home—

“(1) Section 1 of the Self-build and Custom Housebuilding Act 2015 is amended as follows.

(2) In subsection (A1) omit the words “or completion”.

(3) At the end of subsection (A1) insert “, where the individuals will have the main input into the full design and layout of their home.”

(4) In subsection (A2), for “who” substitute “, firm, business or company who or which”.

(5) At the end of subsection (A2) insert “, firm, business or company; and nor does it include off-plan homes, nor homes purchased at the plan stage prior to construction and without the main input into the full design and layout from the individual or individuals who will be the future occupiers.””

This new clause would clarify the legislation with respect to self-build and custom housebuilding to recognise that most homes are built by building firms, businesses or companies for individuals who want to build a home and that self-build and custom housebuilding means individuals must have main input into the full design and layout of their home.

New clause 114—Onshore wind planning applications—

“(1) The Secretary of State shall within six months of this Bill securing Royal Assent remove from the National Planning Policy Framework the current restrictions on the circumstances in which proposed wind energy developments involving one or more turbines should be considered acceptable.

(2) The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsection (3).

(3) In section 19 (preparation of local development documents), after (1B) insert—

“(1BA) Each local planning authority must consider how the desirability of the deployment of renewable energy, and specifically onshore wind generation, can be achieved in the local authority’s area.””

This new clause would commit the Secretary of State to revising the National Planning Policy Framework within six months of the Bill securing Royal Assent to remove the onerous restrictions it currently places on the development of onshore wind projects by deleting footnote 54 and ensure that local authorities are required to proactively identify opportunities for the deployment of renewable energy including onshore wind generation.

New clause 115—Duty to grant sufficient planning permission for self-build and custom housebuilding (No. 2)—

“(1) Section 2A of the Self-build and Custom Housebuilding Act 2015 is amended as follows.

(2) In subsection (2)—

(a) omit “suitable”; and

(b) for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”.

(3) Omit subsection (6)(c).

(4) After subsection (6) insert—

“(6) Development permission must specify the precise number of dwellings which fall within the definition of self-build and custom housebuilding in this Act and must be subject to an express planning condition or planning obligation specifically requiring dwellings to be built in line with the definition of self-build and custom housebuilding in this Act, and only in respect of the specific number of dwellings so identified.”

(5) After subsection (9) insert—

“(10) Where individuals and associations of individuals who have registered on the register identified in section 1 have not had their demand met from one base period, they will have their demand added to the subsequent base period, provided those individuals or associations of individuals remain on the register or register in that subsequent base period.

(11) Unmet demand for self-build and custom housebuilding carries forward each year until it is met, provided the individual or associations of individuals continue to remain on the register or register each year and have not had their demand met.

(12) Once an individual or associations of individuals has been entered on the register identified in section 1, they shall not be removed from that register during the base period or for the three subsequent years during which the relevant authority is under a duty to meet the requirement for the base year in which the individual or associations of individuals has registered, other than with the express written consent of the individual or associations of individuals.””

This new clause provides that planning permission only qualifies towards meeting the demand for self-build and custom housebuilding if it is actually for self-build and custom housebuilding. It would also introduce a requirement to specify the precise number of dwellings which fall within this definition and clarify that the demand for self-build and custom housebuilding as recorded on an authority’s register is cumulative.

New clause 120—New use classes for second homes—

“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.

(2) In paragraph 3 (dwellinghouses) for “whether or not as a sole or” substitute “as a”

(3) After paragraph 3 insert—

“3A Class C3A Second homes

Use, following a change of ownership, as a dwellinghouse as a secondary or supplementary residence by—

(a) a single person or by people to be regarded as forming a single household;

(b) not more than six residents living together as a single household where care is provided for residents; or

(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within class C4).

Interpretation of Class C3A

For the purposes of Class C3A “single household” is to be construed in accordance with section 258 of the Housing Act 2004.””

New clause 121—New use classes for holiday rentals—

“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.

(2) In paragraph 3 (dwellinghouses) after “residence” insert “other than a use within Class C3A)”.

(3) After paragraph 3 insert—

“Class C3A Holiday rentals

Use, following a change of ownership, as a dwellinghouse as a holiday rental property.””

New clause 122—Report on a resources and skills strategy for the planning sector—

“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the—

(a) resources; and

(b) skills

within and to local planning authorities.

(2) The Secretary of State must lay a report on the findings of this review before Parliament no later than 6 months after this Act comes into force.

(3) A report under subsection (2) must include a strategy for—

(a) increasing resources to; and

(b) supporting the capacity of

local planning authorities.”

This new clause would require the Secretary of State to review resources and skills within local planning authorities and those potentially available to them such as Planning Performance Agreements and to report the findings to Parliament.

New clause 123—Housebuilding targets at a local level—

“(1) The Secretary of State must set each local authority a reasoned housebuilding target.

(2) If the local authority accepts the housebuilding target set by the Secretary of State, it must be incorporated into the local plan.

(3) If the local authority does not accept the housebuilding target set by the Secretary of State, the decision on the housebuilding target is subject to a decision at the local inquiry stage.”

New clause 124—Public consultation on planning and women’s safety—

“(1) The Secretary of State must, within 90 days of the day on which this Act is passed, open a public consultation to establish the impact of proposed changes to the planning system on women’s safety.

(2) Section 70 of the Town and Country Planning Act 1990 is amended in accordance with subsection (3).

(3) After subsection (2A), insert—

“(2B) In dealing with an application for planning permission for public development, a local planning authority must establish a review of how the proposed development would impact women’s safety. The review must in particular, consider the impact of proposed development on—

(a) open spaces,

(b) layout of buildings,

(c) unlit or hidden spaces,

(d) visibility of entranceways, and

(e) blind spots.

(2C) The local planning authority must prepare and publish a report setting out the results of the review.””

Government new schedule 1—Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards.

Amendment 20, in clause 75, page 85, line 9, at end insert—

“(1A) Regulations under this Chapter may require relevant planning authorities to process data in accordance with approved data standards relating to the number and nature of—

(a) second homes,

(b) holiday let properties

in the planning authority area.”

This amendment would enable planning data regulations to provide for the collection of data to national standards about second homes and holiday lets.

Amendment 78, in clause 83, page 91, line 28, leave out lines 28 to 30 and insert—

“(5C) But the development plan has precedence over any national development management policy in the event of any conflict between the two.”

This amendment gives precedence to local development plans over national policies, reversing the current proposal in inserted subsection (5C).

Amendment 77, page 91, line 30, at end insert

“, subject to subsection (5D).

(5D) But any conflict must be resolved in favour of the development plan in an area if—

(a) in relation to it, regulations under section 16 of the Levelling-up and Regeneration Act 2023 have been made to provide for the town and country planning function and the highways function and any functions exercisable under the Environment Act 2021 of a county council or a district council that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA's area,

(b) if, in relation to it, regulations under section 17 of the Levelling-up and Regeneration Act 2023 have been made to provide for at least one function of another public body that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA's area,

(c) it has a joint spatial development strategy, or

(d) it is in Greater London.”

This amendment would place limits on the primary of national development management policies over the development plan where a Combined County Authority had been handed planning, highways, environmental powers and at least one function of another public body under a devolution deal, in areas covered by a joint spatial development strategy and in Greater London.

Amendment 79, in clause 84, page 92, line 9, leave out lines 9 to 16 and insert—

“(2) Before designating a policy as a national development management policy for the purposes of this Act the Secretary of State must carry out an appraisal of the sustainability of that policy.

(3) A policy may be designated as a national development management policy for the purposes of this Act only if the consultation and publicity requirements set out in clause 38ZB, and the parliamentary requirements set out in clause 38ZC, have been complied with in relation to it, and—

(a) the consideration period for the policy has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or

(b) the policy has been approved by resolution of the House of Commons—

(i) after being laid before Parliament under section 38ZC, and

(ii) before the end of the consideration period.

(4) In subsection (3)

“the consideration period” ,in relation to a policy, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 38ZC, and here “sitting day” means a day on which the House of Commons sits.

(5) A policy may not be designated a national development management policy unless—

(a) it contains explanations of the reasons for the policy, and

(b) in particular, includes an explanation of how the policy set out takes account of Government policy relating to the mitigation of, and adaptation to, climate change.

(6) The Secretary of State must arrange for the publication of a national policy statement.

38ZB Consultation and publicity

(1) This section sets out the consultation and publicity requirements referred to in sections 38ZA(3) and 38ZD(7).

(2) The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the proposal. This is subject to subsections (4) and (5).

(3) In this section “the proposal” means—

(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act or

(b) (as the case may be) the proposed amendment (see section 38ZD).

(4) The Secretary of State must consult such persons, and such descriptions of persons, as may be prescribed.

(5) If the policy set out in the proposal identifies one or more locations as suitable (or potentially suitable) for a specified description of development, the Secretary of State must ensure that appropriate steps are taken to publicise the proposal.

(6) The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with the proposal.

38ZC Parliamentary requirements

(1) This section sets out the parliamentary requirements referred to in sections 38ZA(3) and 38ZD(7).

(2) The Secretary of State must lay the proposal before Parliament.

(3) In this section “the proposal” means—

(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act or

(b) (as the case may be) the proposed amendment (see section 38ZD).

(4) Subsection (5) applies if, during the relevant period—

(a) either House of Parliament makes a resolution with regard to the proposal, or

(b) a committee of either House of Parliament makes recommendations with regard to the proposal.

(5) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.

(6) The relevant period is the period specified by the Secretary of State in relation to the proposal.

(7) The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).

(8) After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.

38ZD Review of national development management policies

(1) The Secretary of State must review a national development management policy whenever the Secretary of State thinks it appropriate to do so.

(2) A review may relate to all or part of a national development management policy.

(3) In deciding when to review a national development management policy the Secretary of State must consider whether—

(a) since the time when the policy was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out would have been materially different.

(4) In deciding when to review part of a national development management policy (“the relevant part”) the Secretary of State must consider whether—

(a) since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(5) After completing a review of all or part of a national development management policy the Secretary of State must do one of the following—

(a) amend the policy;

(b) withdraw the policy's designation as a national development management policy;

(c) leave the policy as it is.

(6) Before amending a national development management policy the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.

(7) The Secretary of State may amend a national development management policy only if the consultation and publicity requirements set out in section 38ZB, and the parliamentary requirements set out in section 38ZC, have been complied with in relation to the proposed amendment, and—

(a) the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

(b) the amendment has been approved by resolution of the House of Commons—

(i) after being laid before Parliament under section 38ZA, and

(ii) before the end of the consideration period.

(8) In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament, and here “sitting day” means a day on which the House of Commons sits.

(9) If the Secretary of State amends a national development management policy, the Secretary of State must—

(a) arrange for the amendment, or the policy as amended, to be published, and

(b) lay the amendment, or the policy as amended, before Parliament.”

This amendment stipulates the process for the Secretary of State to designate and review a national development management policy including minimum public consultation requirements and a process of parliamentary scrutiny based on processes set out in the Planning Act 2008 (as amended) for designating National Policy Statements.

Amendment 21, in clause 88, page 94, line 28, at end insert—

“(aa) policies (however expressed) relating to the proportion of dwellings which may be in—

(i) use class 3A (second homes), or

(ii) use class 3B (holiday rentals)

under Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764).”

This amendment would enable neighbourhood plans to include policies relating to the proportion of dwellings which may be second homes and short-term holiday lets under use classes created by NC38.

Amendment 22, page 94, line 28, at end insert—

“(aa) policies (however expressed) limiting new housing development in a National Park or an Area of Outstanding Natural Beauty to affordable housing;”

This amendment would enable neighbourhood development plans to restrict new housing development in National Parks and AONBs to affordable housing.

Amendment 74, page 95, line 6, at end insert—

“(B1) A neighbourhood development plan must include proposals to—

(a) achieve net zero,

(b) promote and increase local biodiversity, and

(c) improve local levels of recycling.”

Amendment 4, page 95, line 11, after “contribute” insert

“to the mitigation of flooding and”.

This amendment would require neighbourhood development plans to be designed to secure that the development and use of land in the neighbourhood area contribute to flood mitigation.

Amendment 95, in clause 90, page 96, line 34, at end insert—

“(3A) Where regulations under this section make requirements of a local authority that is failing to deliver a local plan in a timely way, the plan-making authority must consult the local community on the contents of the relevant plan.”

This amendment would require, in the event of a local authority failing to deliver a local plan in a timely way, those taking over the process to consult with the community.

Amendment 23, in clause 92, page 98, line 39, at end insert—

[Lucy Frazer]

Our houses are not just bricks and mortar; they are homes. And those who live around us are not just our neighbours; they are our communities. We all want to live in streets that uplift our spirits and where our children, and their children, can afford to live and own their own homes alongside us. Churchill once said:

“We shape our buildings and afterwards our buildings shape us.”—[Official Report, 28 October 1943; Vol. 393, c. 403.]

So too, if we empower our communities, they will empower us.

We know that we can do more to ensure that, when we expand our communities, we do so in the right places, with the right infrastructure, and with the support of local people and local representatives. The think-tank Demos asked people whether they would prefer to have more say over how money is spent in their area, or to have more money. People were twice as likely to say that they would prefer to have more say and less money. Our Bill seeks to provide opportunities for collaboration and empowerment. It provides more opportunity for more homes that are beautiful, supported by infrastructure, delivered with democracy, which level up across our country.

I thank all colleagues for their extensive engagement, highlighting to me, to the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Kensington (Felicity Buchan), and to the Secretary of State the issues and concerns in their local areas. All represent different and diverse areas across the country: rural and urban, coastal and remote, island and inner city. I thank in particular my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely) for their constructive contribution on this issue and their unwavering commitment to our planning system and their constituents.

I also thank my right hon. Friends the Members for Ashford (Damian Green) and for Romsey and Southampton North (Caroline Nokes), my hon. Friends the Members for Gosport (Dame Caroline Dinenage), for Aylesbury (Rob Butler), for Rushcliffe (Ruth Edwards), for North Devon (Selaine Saxby) and for Buckingham (Greg Smith), and the many Members across the House who have contributed significantly to our policy decisions on these issues.

It is important that we build homes this country needs in the places that we need homes most. We have a moral responsibility to get on and build, but we also have a responsibility to our existing communities to do so in the right way and with community support.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

I think it may be useful to colleagues if I explain how we intend to conduct the debate. Many Members wish to speak, and there have been and will be quite lengthy Front-Bench speeches. The debate has to finish at 6 o’clock. I want to give priority to those who have amendments tabled in their names—by and large, not everybody. I will have to put on a time limit of six minutes or five minutes. If we do not do that, we will not have a chance of getting anywhere near everyone in, or even everyone who has tabled amendments. That is just a warning—the time limit will come in after the shadow Minister.

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I rise to speak to the new clauses and amendments in my name and those of my hon. Friends. It is two weeks and two significant concessions to large groups of disgruntled Government Back Benchers later, but it is a pleasure to finally be back in the Chamber to conclude the Report stage of this Bill. As my hon. Friend the Member for Nottingham North (Alex Norris) made clear on day one of Report, in 27 sittings over a four-month period, the Bill was subject to exhaustive line-by-line consideration. Such was the appetite to participate in the Committee’s proceedings that not only was it formally adjourned to allow new members to take part, but we enjoyed appearances from seven different Ministers, some of whom even had more than a passing familiarity with the contents of the legislation.

I thank my hon. Friends the Members for York Central (Rachael Maskell), for South Shields (Mrs Lewell-Buck) and for Coventry North East (Colleen Fletcher) and the hon. Member for Westmorland and Lonsdale (Tim Farron) for so ably scrutinising in Committee the many technical and complex provisions that the Bill contains. The new clauses and amendments that we have tabled for consideration today are almost identical to a number of those we discussed at length in Committee. That deliberate choice reflects not only the importance we place on the matters that they relate to, but the lack of anything resembling robust and convincing reassurances from Ministers in Committee in respect of the concerns that they seek to address. Indeed, if anything, the debates that took place and the responses provided by successive Ministers served only to harden our view that a number of the measures in the Bill relating to planning and the environment would almost certainly have adverse impacts.

Our hope, perhaps a forlorn one, Madam Deputy Speaker, is that the new ministerial team may have used the almost 50 days since their appointment to further interrogate the potential risks posed by those measures in the Bill that are controversial and to reflect on the wisdom of proceeding with them.

Part 3 of the Bill deals with a wide range of issues relating to both national planning policy and local and neighbourhood planning. Many of the clauses that this eclectic part contains are unproblematic, but others are contentious, and we raised detailed concerns in Committee about several of them. Amendments 78 and 79 seek to address arguably the most disquieting, namely clauses 83 and 84, concerning the future relationship between local development plans and national planning policy given statutory weight in the form of national development management policies. We welcome the fact that new section 38(5B) of the Planning and Compulsory Purchase Act 2004 in clause 83 provides communities with greater confidence that finalised local plans will be adhered to and any safeguards they contain respected. However, we believe that new subsection 5C in clause 83, in providing that anything covered by an NDMP will not only have legal status but will take precedence over local development plans in any instance where there is found to be a conflict between the two, represents a radical centralisation of planning decision-making that will fundamentally alter the status and remit of local planning in a way that could have a number of potentially damaging consequences.

I must make it clear that our concern in relation to the effect of this subsection would exist even if the Government had published the national planning policy framework prospectus and provided hon. Members with an overview about what NDMPs are likely to cover. The fact that they have not and that we therefore still have no idea precisely what these new statutory national policies will eventually contain—coupled with the fact that clause 84 of the Bill makes it clear that NDMPs can cover any policy area relating to development or use of land in England and can be modified or revoked without any form of consultation if that is the wish of the Secretary of State of the day—merely heightens our concerns.

We know that there is significant anxiety across the House about the future implications of NDMPs, and rightly so, because legislating to ensure that they overrule local plans in the event of any conflict does represent a radical departure from the status quo. As we argued in Committee, what is proposed is a wholly different proposition from the current application of the NPPF, and our fear is that it will lead to the erosion of local control in a way that threatens to transform what is currently a local plan-led system into a national policy-led system.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

I will have to start with a five-minute time limit for Back-Bench speeches, I am afraid. I call Simon Clarke.

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

I pay tribute to all who were involved in the creation of this Bill, which I had the pleasure of overseeing briefly as Secretary of State. Let me also express my appreciation for the Government’s work in relation to last week’s commitment to a new approach to the permitting of onshore wind, enshrining community consent as the key guiding principle when it comes to whether new developments, or indeed existing ones, can be set up. That is a hugely welcome change, and one that I believe can and should unite the House. As a result, I have withdrawn what was new clause 90 today, although I thank all those who supported it, particularly my right hon. Friend the Member for Reading West (Alok Sharma).

The hon. Member for Greenwich and Woolwich (Matthew Pennycook) mentioned the consultation which we look forward to seeing in due course. I am confident that it will be a robust, credible mechanism which will establish how we can measure community consent and how we can unlock developments when communities wish to support them, while, obviously, protecting places that do not wish to host onshore wind.

There is much that I commend in the Government’s new clauses, new schedule and amendments, just as there was on the first day’s debate on devolution. I particularly welcome new clause 69, on street votes, and clause 50, on community land auctions. Both are classic supply-side reforms of the kind that we badly need if we are to liberalise house building. That has clearly been a central issue of contention in recent debates on the Bill, but there are some welcome new proposals that we should also consider. I especially commend the new clauses tabled by my hon. Friend the Member for Weston-super-Mare (John Penrose), which I think would successfully complement the wider liberalisation set out in the Bill.

We should recap some of the fundamental points that we need to recognise when it comes to not just today’s debate, but all debates in the House about intergenerational fairness and opportunities. Since the 1950s and 1960s the rate at which we expand our housing supply has halved, even as the population has risen. In London it would take the average worker more than 15 years to afford a deposit. To put it simply, we need more homes—as many as we can possibly build—and we should enable the free market through every possible mechanism at our disposal.

It is to the Government’s credit that we have been building at the fastest rate for some 30 years, but for too many people under 50, the dream of an opportunity society is receding rather than coming closer. As recently as 1991, 78% of those aged between 25 and 44 were owner-occupiers; the figure today is 56%. For those aged between 25 and 34, it has fallen from 67% to 41%. So many of the long-term concerns that we confront in this Chamber—inequality, productivity, even fertility—are linked with our fundamental problem of not being able to build enough homes for it to be affordable for too many young people to rent, let alone buy.

I happen to believe that enabling home ownership is an existential priority for my party, but Members on both sides of the House should welcome innovative new measures in the Bill, such as street votes and community land auctions, which can progress that agenda. As my right hon. Friend the Secretary of State has said with regard to street votes—and, as so often, I cannot phrase this better than him—

“Arithmetic is important but so is beauty, so is belonging, so is democracy, and so is making sure that we are building communities.”

I think that these measures will help us to realise that.

However, there are issues on which I believe we ought to go further. I am conscious of the limited time that we have today, but I will touch on the issue of nutrient neutrality. I believe that, although the Bill makes welcome progress to try to unlock this thorny problem—which is blocking 100,000 new planning permissions from being realised—we can and should go further. That potentially includes derogating from the habitat regulations, while imposing tighter restrictions on the root causes of pollution: bad farming practices, and poor management of waste water by our waterworks.



Most fundamentally, I want to go back to that point in regard to the need for us to build the homes that this country requires, and that takes us back to the underlying issue of targets and the new clauses tabled in this regard by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely). It is critical that, as the national planning policy framework is redrawn, we keep making the case for good, high-quality developments with the right infrastructure and rational incentives for communities to welcome new homes. If we do not, it will be a social and economic disaster for this country and a terrible problem for my party as we seek to make the case for a property-owning democracy and popular capitalism.

Levelling-up and Regeneration Bill

Rosie Winterton Excerpts

Consideration of Lords amendments
Tuesday 17th October 2023 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 46, 73 to 75, 78, 82, 231, 241, 249, 301 to 327 and 349 to 367. If any of these Lords amendments are agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

Clause 148

Guidance

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

I beg to move amendment (a) to Lords amendment 117.

[Madam Deputy Speaker]

With this it will be convenient to consider:

Government amendments (b) to (d) to Lords amendment 117.

Lords amendment 231, and Government amendment (a).

Lords amendment 237, and Government amendments (a) and (b).

Lords amendment 369, and Government amendments (a), (c), (b) and (d).

Lords amendment 1, and Government motion to disagree.

Lords amendments 2 and 4, Government motions to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 3, and Government motion to disagree.

Lords amendment 6, Government motion to disagree, and Government amendments (a) to (d) in lieu.

Lords amendment 10, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 13, and Government motion to disagree.

Lords amendment 14, Government motion to disagree, and Government amendments (a) to (p) in lieu.

Lords amendment 18, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 22, and Government motion to disagree.

Lords amendments 30 and 31, Government motions to disagree, and Government amendments (a) to (d) in lieu.

Lords amendment 44, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 45, and Government motion to disagree.

Lords amendment 46, and Government motion to disagree.

Lords amendment 80, and Government motion to disagree.

Lords amendment 81, Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendment 82, and Government motion to disagree.

Lords amendment 90, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendments 102 and 103, Government motions to disagree, and Government amendments (a) to (d) in lieu.

Lords amendment 133, and Government motion to disagree.

Lords amendment 134, and Government motion to disagree.

Lords amendment 137, and Government motion to disagree.

Lords amendment 139, and Government motion to disagree.

Lords amendment 142, and Government motion to disagree.

Lords amendment 156, and Government motion to disagree.

Lords amendment 157, and Government motion to disagree.

Lords amendment 172, and Government motion to disagree.

Lords amendment 180, and Government motion to disagree.

Lords amendment 199, and Government motion to disagree.

Lords amendment 239, Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendment 240, Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendment 241, and Government motion to disagree.

Lords amendments 242, 243 and 288, Government motions to disagree, and Government amendments (a) to (d) in lieu.

Lords amendment 244, and Government motion to disagree.

Lords amendment 249, and Government motion to disagree.

Lords amendment 273, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendment 280, and Government motion to disagree.

Lords amendment 285, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendment 327, and Government motion to disagree.

Lords amendment 329, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendments 5, 7 to 9, 11, 12, 15 to 17, 19 to 21, 23 to 29, 32 to 43, 47 to 79, 83 to 89, 91 to 101, 104 to 116, 118 to 132, 135, 136, 138, 140, 141, 143 to 155, 158 to 171, 173 to 179, 181 to 198, 200 to 230, 232 to 236, 238, 245 to 248, 250 to 272, 274 to 279, 281 to 284, 286, 287, 289 to 326, 328, 330 to 368 and 370 to 418.

[Rachel Maclean]

The Levelling-up and Regeneration Bill has had a lengthy passage. I take this opportunity to pay tribute to all my predecessors in my role and to colleagues across the Department who have shepherded the Bill to its position.

The Bill reflects the huge importance of levelling up for the future of the country. For decades, successive Governments have failed to address the inequality of opportunity in our country. Economic growth has for too long been concentrated in a select few areas. The Bill will ensure that this Government and future Governments set clear, long-term objectives for addressing entrenched geographic disparities.

The Bill will expand and deepen devolution across England. It will devolve powers to all areas in England where there is demand for it, allowing local leaders to regenerate their towns and cities and restore pride in places by creating a new institutional model more suitable for devolution to whole-county areas outside city regions that have more than one council: the combined county authority.

--- Later in debate ---

[Dehenna Davison]

As someone proud to represent a predominantly rural community, does my hon. Friend agree that one of the best ways to level up in rural areas is by ensuring that those areas get strong devolution deals with strong local leadership?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just a little reminder that if Members intervene on a speaker, it is customary to stay until the end of their speech.

[Rachel Maclean]

I want to reiterate my thanks to my former colleague, my hon. Friend the Member for Bishop Auckland (Dehenna Davison), who did so much to shepherd the Bill to its current position. I completely agree with her. The best way to ensure levelling up across the country is by voting Conservative, because we have done more than any other Government to spread opportunity around the country.

To avoid anything that would duplicate the work I just mentioned, we have tabled an amendment that will require the Government to have regard to the needs of rural communities in preparing the statement of levelling-up missions. That is consistent with the approach we have taken in other areas, including with respect to the devolved Administrations.

We have heard the concerns highlighted through Lords amendment 199 on access to banking facilities for communities, and we share those concerns. Branch closures are commercial decisions for banks, and we do not believe that a blanket requirement on local authorities to produce strategies to inhibit that would be effective or proportionate. Instead, the Treasury will continue to support the roll-out of alternative services, such as banking hubs, which will ensure that communities across the country have access to the facilities they need.

--- Later in debate ---

[Rachel Maclean]

No, I will not give way. The hon. Lady can speak later.

This policy has been described by the Lib Dems’ own former leader—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just a little reminder that we are on Lords amendments. I am sure the Minister will be referring her remarks back to the relevant ones.

[Rachel Maclean]

Thank you, Madam Deputy Speaker. We did discuss the matter of housing targets in the Lords debate.

The Lib Dems’ policy to have 380,000 houses a year—that is certainly this week’s policy—has been described by their own former leader as Thatcherite. So anyone contemplating voting Liberal Democrat needs to know what this means. I am afraid that they can no longer sustain a position of objecting to every single house being built in their area, or avoid making local plans to give communities a proper say over housing and the green belt. As we have seen with so many Liberal Democrat local authorities, they have kicked the can down the road and failed their residents.

I shall finish by expressing my gratitude to all my colleagues, both here and in the other place, for their continued and dedicated engagement with this complicated and complex Bill during its passage. We have listened carefully to the views of Members on both sides of the House, stakeholders and members of the public. The amendments we have made to the Bill as it has progressed to the Lords have further enhanced it and I commend it to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call shadow Minister.

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

Well, what can one say about that last 20 minutes, apart from that it must have felt far more persuasive when the Minister practised it in the mirror this morning, but I do congratulate her on the birth of her grandson.

I will start by thanking their lordships for the extensive and forensic scrutiny to which they have subjected this complex and demanding piece of legislation. I put on record the appreciation felt on these Benches for the tireless work of our noble Friends, Baroness Hayman of Ullock and Lady Taylor of Stevenage, ably assisted as ever by Ben Wood and the whole Labour Lords team.

This Bill has been with us for some time now. First published in May 2022, it has progressed slowly against the backdrop of significant political and economic turbulence, the responsibility for which lies squarely with the Conservatives. It has survived an unprecedented degree of ministerial churn: three Prime Ministers; four Secretaries of State, albeit one a retread; four Housing and Planning Ministers; and four Levelling Up Ministers. With so many minds on the Government Benches having grappled thoughtfully with the implications of each of the Bill’s many provisions, one might have hoped that it would have been significantly improved and that its worst features would have been substantially mitigated, if not removed altogether. Sadly, despite the addition of scores of new clauses and a large number of new schedules to the extensive number it already contained, the Bill remains not only eclectic but deeply muddled. It is a rag-tag mix of measures—some sensible, but many more ill-considered or downright damaging—that attempt but fail to render coherent a Tory levelling up, devolution and planning agenda that is anything but.

In the eight months that the Bill was considered in the other place, the Government were forced to give way on a variety of fronts. I am glad that, in a range of areas, the arguments that my hon. Friend the Member for Nottingham North (Alex Norris) and I made in Committee last year have been partially accepted.

However, although the Government’s concessions have rendered the Bill slightly more palatable, they have not resolved the fact that it still contains a range of measures, from the new infrastructure levy to community land auction arrangements, that are riven with flaws. We regret the fact that Ministers did not reconsider their inclusion entirely. It will now fall to a future Labour Government to halt, review or rescind each of them.

We do not have an opportunity today to attempt, again, to address many of the more problematic parts of the Bill but, as a result of the prodigious efforts of noble Lords in the other place, we have a chance to make a number of important changes that would modestly improve the Bill and, in so doing, enhance outcomes for local communities across the country. It is with that objective in mind that I turn to a selection of the unusually large number of amendments that the other place has sent to us for consideration.

Lords amendments 1 and 10 relate to the levelling-up mission set out in part 1 of the Bill and the distinct, but related, third round of the levelling-up fund. They seek respectively to ensure that the missions and the fund application process are properly integrated and that round 3 of the fund takes place not only in a timely manner but on the basis of a reformed application process. We support both.

The Opposition’s views on the Government’s levelling-up missions are well known, but, if we are to give statutory force to a statement setting such missions for a period of no less than five years, it is right not only that it comes into effect soon after the Bill receives Royal Assent but that it is accompanied by a statement detailing the application process for round 3 of the levelling-up fund, including transparent criteria so that the two can be fully aligned.

Similarly, our criticisms of the levelling-up funding process are a matter of public record, but, if the fund is to be the primary means of delivering priority local infrastructure projects for the foreseeable future, it is right that steps are taken prior to the opening of round 3 to simplify the application process and to reduce the onerous requirements and resources it presently involves.

We recognise that, by tabling an amendment in lieu of Lords amendment 10, the Government have sought to enshrine in the Bill an assurance in respect of round 3 of the levelling-up fund. However, not only is the content of the proposed statement left completely undefined, but the proposed amendment in lieu fails to achieve one of the central objectives sought by their noble Lords, namely that such a statement be published within the same timescale as a statement on the levelling-up missions so that the two processes, which are clearly connected, fully complement each other. For those reasons, we cannot support the Government amendment in lieu and we will support Lords amendment 10, along with Lords amendment 1.

The question of whether the Government’s proposed levelling-up missions are comprehensive enough to reduce inequalities between and within regions has arisen since the White Paper was first published in February 2022. Lords amendments 2 and 4 seek to augment the 12 missions set out in that document by requiring the addition of separate missions relating to child poverty and health disparities. We welcome the Government’s acceptance that addressing the impact of economic and social disparities warrants a greater focus in respect of levelling-up missions and that they have tabled amendments in lieu of Lords amendments 2 and 4 to that end. However, in our view, the requirement that Ministers “must have regard” to these disparities in the preparation and review of all the missions falls some way short of the implications that establishing dedicated new missions on child poverty and health disparities would have for life chances across the country. For that reason, we cannot support the Government amendment in lieu and will support Lords amendments 2 and 4.

We also support Lords amendment 22. We remain firmly of the view that there are circumstances in which virtual or hybrid meetings are necessary or useful, and that their use could help to reduce barriers to public engagement, particularly in relation to the planning process. As we argued in Committee last year, a number of organisations, including the Planning Inspectorate, already enjoy the freedom to offer such meetings as they deem necessary, and there is widespread support for putting local authority remote meeting arrangements on a permanent footing, including from the Local Government Association, Lawyers in Local Government and the Association of Democratic Services Officers. The Government have offered no compelling reason why this amendment should not be incorporated into the Bill, and we therefore urge the House to support it.

As the Minister will know, the establishment of a new tier of national planning policy in the form of national development management policies, and their precise relationship and standing in respect of local development plans, has been a point of contention throughout the Bill’s passage. The Opposition feel strongly that it cannot be right that national policies that will have a far greater impact on local communities than any existing national policy statement and that have significant implications for the status and remit of local planning can be developed without an obligatory and defined public consultation and parliamentary approval process. Lords amendment 44 stipulates such a process, including minimum public consultation requirements and a mechanism for facilitating parliamentary scrutiny based on that which currently applies to designating a national policy statement.

--- Later in debate ---

[Matthew Pennycook]

I thank my hon. Friend for her intervention, and I thank her again, as I did at the time, for the many months of work that she did on the Bill Committee. She is right to raise the point about healthy homes; we fully support the principles of that campaign. We disagree with the Government’s suggestion that the issue is already well addressed, and I gently encourage the Minister to continue the conversations that I believe the Government are having with Lord Crisp and the other proposers of that amendment in the other place.

To conclude, while we welcome a small number of the concessions that the Government have felt able to make to the Bill, we believe that most do not go far enough. This unwieldy and confused piece of legislation is flawed on many levels. We have an opportunity today to make modest but important improvements to it. On that basis, we urge the House to support the many reasonable amendments that the other place has sent to us.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Father of the House.

--- Later in debate ---

[Sir Peter Bottomley]

The hon. Lady reminds me that I meant to say that when Dr Christopher Addison became the first Minister for Health in 1919, the first action he took was to help build social housing on a scale that would allow people’s health to be improved by living in far better environments, inside and outside their homes.

Yesterday, in levelling-up questions, the Secretary of State very kindly spoke clearly about the approach to the development at Lansdowne Nursery, on the A259 in my constituency, and the threat to Chatsmore Farm, in what is known locally as the Goring gap.

It is important that the words that the Secretary of State spoke yesterday should be passed on to planning inspectors, including the one in Arundel today, who is considering the appeal against the properly justified refusal of planning permission to put homes on the Lansdowne Nursery site.

I invite Ministers from the Department for Levelling Up, Housing and Communities to come to my constituency—and to the constituents of my hon. Friend the Member for Arundel and South Downs (Andrew Griffith) and my right hon. Friend the Member for Bognor Regis and Littlehampton (Nick Gibb)—to see how every bit of grass is under threat from opportunist developers.

Those developers have rightly been turned down by local authorities—boroughs and districts. They should be supported by planning inspectors, not at risk of what I would call “a rogue decision” by someone from Bristol.

Turning to amendment 22, after clause 70, the Government are wrong to ban parish councils from meeting remotely if they want to. Some parish councils cover a large area and many elderly people kindly serve on them. If they want to have a valid meeting, why can they not tune in, if they are ill, remote or for some other reason? It seems to me to be totally unnecessary for central Government to say to local councils, especially parish councils, “You cannot do that.” I hope that the Government will think again, if not in this Bill then in another one. Let people have autonomy and a degree of sovereignty. If their powers are limited, then how they use them should be up to them, in my view.

In amendments 242 and 243, Lord Young of Cookham has helped qualifying and non-qualifying residential leaseholders. I accept that the Government proposals are limited to residential leaseholders and do not cover commercial leaseholders.

What the House should not accept, and where the Government should think again, is why there has to be a distinction between qualifying and non-qualifying leaseholders. Many non-qualifying leaseholders have homes on which they cannot get a mortgage or sell, and on which they cannot avoid paying high annual costs, as well as remediation costs.

I repeat the question put by the Opposition spokesperson, the hon. Member for Greenwich and Woolwich, about what happens to people who have paid but who will now not qualify. Will the Minister give clear advice when she winds up, or in a later statement, on what happens to leaseholders facing claims for payment that they think they should not have to pay? Can people get out of this dilemma, which is caused by too many people in Government not understanding the legal status of residential leaseholders?

I do not believe that Dame Judith Hackitt understood it when she put forward her fire safety proposals, and I do not think the Government understood in the early days. Now that they do understand, will they please remove the distinction? The idea that if people live in homes below 11 metres they are not facing an un-mortgageable and unsellable home is wrong. Many people who have leasehold homes under that level are frankly in a dilemma that Government ought to be able to resolve.

I could go on for longer, but many other Members wish to speak. I congratulate those who have helped to improve the Bill. There are many elements that I support—the Government can take that for granted—but on issues where they are allowing injustice or ineffective approaches to continue, let us change that.

Let us be on the side of the 5 million to 6 million residential leaseholders whom we have ignored for too long, whose situation has been understood poorly. Now that it is understood better, we ought to allow them to have better, healthier, happier and more financially secure lives.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

This is my first scrutiny of Lords amendments as the SNP’s levelling-up spokesperson, so I would like to start by thanking my hon. Friends the Members for North Ayrshire and Arran (Patricia Gibson) and for Glasgow South West (Chris Stephens) for their work scrutinising the Bill so far.

The hon. Member for Somerton and Frome (Sarah Dyke) is making her maiden speech today—I made mine just two years ago. With your indulgence, Madam Deputy Speaker, if I were to give her any advice, it would be this: watch out for the grey hairs—you will get lots of them. Work in a collegiate manner—the public think that we in this place all hate each other, but we really do not. And wear trainers where possible.

I felt a tad left out earlier, because when the Minister went on her bizarre monologue about Labour and the Liberal Democrats, she left out the SNP. Does that reflect the fact that she does not think Scotland matters? That remains to be seen. The intention behind the Bill—to help areas across the four nations—is admirable. However, as per usual with this Tory Government, their aim is commendable but their journey towards that aim is terrible. The Bill is muddled, confused and not fit for purpose.

The Tory track record on levelling up is weak at best and politically motivated cronyism at worst. On the SNP Benches, we have been clear from the start that the Bill is simply not good enough. But, because of the approach that the Government have adopted, it is now doomed to fail, arguably like most of their policies. It pushes funding, which is so desperately needed in struggling areas across the four nations, to be allocated to boost support in politically beneficial regions.

Take Scotland, for example. The second round of levelling-up funding in January 2023 saw only £177 million distributed to a nation that was promised very much more. In Scotland we are continually told that we are in a Union of equals, yet that figure is only 8.4% of the possible £2.1 billion, meaning many local authorities, including North Lanarkshire in my Airdrie and Shotts constituency, have been left behind and forgotten by this Government. The Conservative Government cannot be trusted to level up Scotland. They have neither the will nor the desire to do so.