Planning and Infrastructure Bill 2024-26

7A

After subsection (6) insert—<br> “(7) Part 4 of the Planning Act 2008 (Requirement for development consent) is amended as set out in subsection (8).<br> (8) In section 33 (Effect of requirement for development consent on other consent regimes), after subsection (1), insert—<br> “(1A) Paragraphs (f), (g), (i) and (j) of subsection (1) do not apply in relation to projects falling within section 14(1)(m) (dams and reservoirs).””

<p>This amendment seeks to ensure that consent regimes for heritage sites apply in relation to Nationally Significant Infrastructure Projects which involve the construction of reservoirs.</p>

7B

After Clause 2, insert the following new Clause—<br> <b>“Projects relating to water which require the demolition of villages</b><br> After section 35(4) (directions in relation to projects of national significance) of the Planning Act 2008 insert—<br> “(4A) Where a development falls within the definition in section 27 and requires the demolition of more than 20 residential properties the Secretary of State may not give a direction under subsection (1) unless the persons who live at, or otherwise occupy, premises in the vicinity of the land have been notified and given the opportunity to make representations to the Secretary of State.””

20A

After Clause 9, insert the following new Clause—<br> <b>“Applications for development consent: low carbon energy infrastructure</b><br> After section 35D in the Planning Act 2008 (timetable for deciding request for direction under section 35B) (inserted by section 3 of this Act) insert—<br> <b>“35E</b> <b>Representations by relevant authorities, net zero and sustainable development</b><br> (1) In relation to relevant nationally significant infrastructure projects, relevant authorities should have special regard to the matters in subsection (5) when carrying out the activities in subsection (6).<br> (2) The relevant nationally significant infrastructure projects are—<br> (a) the construction or extension of a generating station within the meaning of section 14(1)(a) for the purpose of low carbon electricity generation, or<br> (b) the installation of an electric line above ground within the meaning of section 14(1)(b) for the conveyance of electricity generated by a station in subsection (a).<br> (3) For the purposes of subsection (2)(b) it does not matter whether the electric line is also used or intended for use in connection with the conveyance of electricity generated from other sources.<br> (4) The relevant authorities are—<br> (a) the conservation bodies in section 32 of the Natural Environment and Rural Communities Act 2006 (UK conservation bodies),<br> (b) the Environment Agency, and<br> (c) such other bodies as may be prescribed in regulation by the Secretary of State.<br> (5) The matters referred to in subsection (1) are the need to contribute towards—<br> (a) achieving compliance by the Secretary of State with part 1 of the Climate Change Act 2008 (Carbon target and budgeting),<br> (b) the achievement of biodiversity targets under sections 1 to 3 of the Environment Act 2021,<br> (c) adapting to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008, and<br> (d) achieving sustainable development.<br> (6) The activities referred to in subsection (1) are any representations under Part 5 and Part 6.<br> (7) In discharging their duty under subsection (1), the relevant authorities must have regard to any guidance given from time to time by Secretary of State.<br> (8) In this section “low carbon electricity generation” has the meaning given in section 6(3) of the Energy Act 2013.””

121A

After Clause 52, insert the following new Clause—<br> <b>“Water efficiency and demand guidance (No. 2)</b><br> (1) The Secretary of State must, within 18 months of the day on which this Act is passed, issue guidance on measures to facilitate improving the efficiency of water supply and integrate action on reducing overall water demand.<br> (2) Such measures must include, but are not limited to—<br> (a) environmental principles policy statements to be undertaken by planning authorities, ensuring long-term water demand and scarcity are being fully considered and comprehensively actioned in developments;<br> (b) the use of water literacy frameworks and toolkits for planning authorities;<br> (c) transparent monitoring of water efficiency and water demand relative to building standards;<br> (d) transparent evaluation and monitoring of how infrastructure and developments place additional demand on water and sewerage supplies (immediate and future), impact on flooding, water run-off, pollution; and related impacts such as public health and emissions.”

<p>This amendment seeks to make water efficiency and water demand by all infrastructural developments a statutory planning consideration supported by a national policy and guidance.</p>

121B

After Clause 52, insert the following new Clause—<br> <b>“Promotion of distributed water supply</b><br> (1) A planning authority, in exercising functions under this Act in relation to planning applications, must, where applicable, have regard to how a proposed development could implement distributed water infrastructures and technologies for development-scale water reuse.<br> (2) In doing so, planning authorities must seek to secure, where viable and appropriate, the incorporation of distributed water storage solutions on residential homes and individual buildings (government services, retail and business), as well as shared water storage infrastructures at community and development scale, including but not limited to—<br> (a) distributed schemes for local storage and supply of rainwater, and where appropriate and fit-for-use surface water or runoff;<br> (b) rainwater tanks or other rainwater harvesting of the largest sizes possible relative to building size, occupancy, and current and projected future water consumption;<br> (c) greywater and blackwater recycling, relative to fit-for-purpose use;<br> (d) water storage systems operated, co-managed or co-owned by local communities.<br> (3) Planning authorities must, as part of the planning process, consider and, where appropriate, promote the integration of distributed, alternative technologies for water provision.<br> (4) Planning authorities must, as part of the planning process, consider and, where appropriate, work directly with relevant water and natural environment authorities, water companies/utilities, and other water related stakeholders.”

<p>This amendment, requires planning authorities to consider and, where appropriate, support the inclusion of distributed and alternative water storage infrastructure projects in developments, including local harvesting of rainwater, distributed storage at building and development scale, and encourage alternative management and ownership models of such water.</p>

173A

Clause 71, page 105, line 20, after “Natural England” insert “, or another public authority handling funds pursuant to subsection (5)(d) and section 72(7),”

<p>This amendment ensures that nature restoration levies are used to fund nature restoration activity even if transferred to, or collected by, an authority other than Natural England.</p>

178A

After Clause 71, insert the following new Clause—<br> <b>“Farmer eligibility to participate in the nature restoration levy</b><br> (1) When making regulations under section 71, the Secretary of State must permit farmers to apply to participate in the delivery of conservation measures which are funded by the nature restoration levy and specified in environmental delivery plans, both as—<br> (a) individual farmers managing a single agricultural holding, and<br> (b) farmer cluster groups, comprising two or more farmers operating collaboratively over multiple holdings.<br> (2) Regulations must include—<br> (a) clear criteria for farmer participation including—<br> (i) minimum standards for nature restoration activities, and<br> (ii) evidence of capacity and commitment to deliver agreed conservation outcomes, and<br> (b) procedures enabling farmers to participate in and receive levy funds relating to an environmental delivery plan.<br> (3) Within three months of the day on which this Act is passed, the Secretary of State must publish a guidance document setting out how individual farmers and farmer cluster groups may apply for levy funds.”

<p>This amendment seeks to ensure that farmers and cluster farmer groups are able to apply to the Nature Restoration Levy and participate in the delivery of conservation measures required by Environmental Delivery Plans.</p>

183A

Clause 77, page 110, line 19, after “unless” insert “21 days’”

<p>This amendment, and another in the name of the Earl of Caithness to clause 77, seeks to ensure that both statutory undertakers and private individual land managers are given equal treatment as regards the powers of entry to be exercised by Natural England.</p>

183B

Clause 77, page 110, line 20, leave out from “occupier” to end of line 23

<p>This amendment, and another in the name of the Earl of Caithness to clause 77, seeks to ensure that both statutory undertakers and private individual land managers are given equal treatment as regards the powers of entry to be exercised by Natural England.</p>

253A

After Clause 108, insert the following new Clause—<br> <b>“Tenant farmers (compensation for disturbance following change of use for holdings let under the Agricultural Holdings Act 1986)</b><br> (1) Section 60 of the Agricultural Holdings Act 1986 (right to, and measure of, compensation for disturbance) is amended as follows.<br> (2) At the beginning of subsection (3) insert “Subject to subsection (3A),”.<br> (3) After subsection (3) insert—<br> “(3A) Where the termination in accordance with subsection (1) takes place following the granting of planning consent for a change of use relating to some or all of the holding, the amount of basic compensation shall be—<br> (a) an amount equal to one year’s rent of the holding at the rate at which rent was payable immediately before the termination of the tenancy, or<br> (b) where the tenant has complied with the requirements of subsection (6) below, a greater amount equal to either the amount of the tenant’s actual loss or two years’ rent of the holding, whichever is the larger.””

<p>This amendment would revise the compensation provisions payable to farm tenants set out within the Agricultural Holdings Act 1986 to ensure that farm tenants receive compensation equivalent to their real loss for any land removed from their tenancy agreements for development, rather than a multiple of the rent they are paying.</p>

3

Clause 2, page 3, line 33, leave out subsection (3)

<p>This amendment seeks to prevent the removal of a requirement for the Government to reply to any resolutions by Parliament or recommendations from a select committee.</p>

5

In inserted subsection (4) of subsection (2), at end insert “and is designated as an Infrastructure Provider under Regulation 8 of those regulations”

<p>This amendment and other in the name of Lord Lansley to the proposed change to the NSIP legislation would secure that any person responsible for the construction of a water project would be subject to the statutory safeguards provided for under the Specified Infrastructure Projects Regulations.</p>

6

In inserted subsection (3) of subsection (3), at end insert “and is designated as an Infrastructure Provider under Regulation 8 of those regulations”

<p>This amendment and other in the name of Lord Lansley to the proposed change to the NSIP legislation would secure that any person responsible for the construction of a water project would be subject to the statutory safeguards provided for under the Specified Infrastructure Projects Regulations.</p>

7

In the text inserted by paragraph (c) of subsection (4), at end insert “and is designated as an Infrastructure Provider under Regulation 8 of those regulations”

<p>This amendment and another in the name of Lord Lansley to the proposed change to the NSIP legislation would secure that any person responsible for the construction of a water project would be subject to the statutory safeguards provided for under the Specified Infrastructure Projects Regulations.</p>

8

Clause 3, page 8, line 3, leave out subsection (5)

<p>This amendment seeks to ensure that power generation applications go through a local or national planning application process rather than determination by Secretary of State via a special development order.</p>

21

Clause 11, page 17, line 28, at end insert— <br> “(4A) After paragraph 104(2)(b) of the Planning Act 2008 (decisions in cases where national policy statement has effect) insert—<br> “(ba) any Environmental Delivery Plan made under the Planning and Infrastructure Act 2025 which has effect in relation to development of the description to which the application relates,”.”

<p>This amendment seeks to ensure that when determining whether planning consent should be granted for a Nationally Significant Infrastructure Project, the Secretary of State must take into account any EDP applying to the land which will be developed.</p>

23

After Clause 12, insert the following new Clause—<br> <b>“Decisions in cases of development consent orders for critical national priority projects</b><br> (1) In the Planning Act 2008, after section 117 insert—<br> <b>“117A</b> <b>Orders granting development consent: critical national priority projects</b><br> (1) Schedule 3A applies to an order granting development consent for a project that is a critical national priority if, at any time before the order was made, the applicant for the order had made a request in writing to the Secretary of State that Schedule 3A should apply to the order.<br> (2) A project is a critical national priority if a national policy statement that has effect in relation to the application for development consent for the project specifically identifies the project as a critical national priority.”.<br> (2) After Schedule 3 to the Planning Act 2008, insert—<br> <span class="num-note"><span class="num">“Schedule 3A</span><span class="note">Section 117A(1)</span></span><br> <span class="schedule-heading">PARLIAMENTARY CONFIRMATION OF ORDERS GRANTING DEVELOPMENT CONSENT FOR CRITICAL NATIONAL PRIORITY PROJECTS</span><br> <i class="text-centre">Orders granting development consent subject to this Schedule</i><br> 1 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">An order granting development consent to which this Schedule applies may only come into force if approved by an Act of Parliament passed in accordance with this Schedule.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Sections 130 to 132 (special parliamentary procedure in relation to National Trust land, commons, open spaces, etc) do not apply to an order granting development consent to which this Schedule applies.</span></span><br> <i class="text-centre">Introduction of order confirmation Bill</i><br> 2 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">As soon as practicable after making an order granting development consent to which this Schedule applies, the Secretary of State must introduce into Parliament a Bill for confirmation of the order, which is to be treated as a public Bill.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The Bill must include the order as a Schedule to the Bill and must be accompanied by an Environmental Report prepared by the Secretary of State.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The Environmental Report mentioned in sub-paragraph (2) must set out a summary of the likely significant effects on the environment of the project granted development consent by the order and the main measures proposed to be taken to avoid, reduce and, if possible, offset the major adverse effects of the project.</span></span><br> <i class="text-centre">Petitions against order confirmation Bill</i><br> 3 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">If, within the period of 21 days beginning with the day on which a Bill to which this Schedule applies is introduced into either House of Parliament, a petition is deposited against the Bill in that House, the petition stands referred to the Chairmen for examination in accordance with this paragraph and Standing Orders.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Within the period of seven days beginning with the day on which any such petition is deposited, the Secretary of State responsible for the Bill or the applicant for the order may deposit a memorial objecting to the petition, or any part of the petition, being certified as proper to be received, stating specifically the grounds of their objection.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">As soon as practicable after the expiration of the period of seven days mentioned in sub-paragraph (2), the Chairmen must take into consideration all petitions referred to them under sub-paragraph (1) and any memorial deposited under sub-paragraph (2), and if the Chairmen are satisfied with respect to any such petition that the provisions of this paragraph and of Standing Orders have been complied with in respect of the petition, or part of the petition, they must certify that the petition or the specified part of it, is proper to be received.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The Chairmen must not certify that a petition, or any part of a petition, is proper to be received if the petition, or that part of the petition, relates to matters considered during the examination of the application for the order conducted under Chapter 4 of Part 6 of this Act and subsequently by the Secretary of State under Chapter 5 of that Part, other than—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">matters relating to sections 130 to 132 (special parliamentary procedure in relation to National Trust land, commons, open spaces, etc), or</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">matters relating to the compulsory acquisition of any interest in or right over land provided for by the order.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In respect of every Bill to which this Schedule applies, the Chairmen must report whether any petitions have been presented against it and, if so, what petitions or parts of them, have been certified as proper to be received and whether any amendment to the Bill proposed by the petitions would, if made, alter the scope of the Bill or affect the interests of persons other than the petitioners; and subject to Standing Orders, every such report must be laid before both Houses of Parliament.</span></span><br> <i class="text-centre">Proceedings following petitioning period</i><br> 4 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">Where a petition or part of a petition has been certified by the Chairmen under paragraph 3 as proper to be received, the Bill—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">after being read a second time in the House in which it is presented, is to be referred to a joint committee of both Houses of Parliament for the purposes of the consideration of that petition or part of it, except where either House has resolved within the period of 21 days beginning with the date on which the report of the Chairmen referred to in paragraph 3 is laid before it, that the petition or part of the petition should not be so referred,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after it has been reported by the joint committee, is to be ordered to be considered in the House in which it was presented as if it had been reported by a committee of that House, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">when it has been read a third time and passed by that House, is to be treated as having passed through all its stages up to and including committee stage in the second House.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">A joint committee shall consist of three members of the House of Commons and three members of the House of Lords, in each case to be nominated by the House’s Committee of Selection within 10 sitting days of the Chairmen’s report having been laid before both Houses of Parliament under paragraph 3.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Where no such petition or part of any petition has been so certified by the Chairmen under paragraph 3 as proper to be received—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the Bill is, after its presentation, to be treated as having passed all its stages up to and including committee in the House in which it is presented,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the Bill is to be ordered to be considered in that House as if it had been reported from a committee of that House, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">when the Bill has been read a third time and passed in that House, the like proceedings on the Bill are to be deemed to have been taken, and to be taken, in the second House.</span></span><br> <i class="text-centre">Powers and proceedings of joint committee</i><br> 5 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">Where any petition or part of a petition against a Bill to which this Schedule applies is referred to a joint committee under paragraph 4, the Bill is to stand referred to that committee for the purpose of the consideration of the petition or part of the petition, and the committee must report the Bill either without amendment or with such amendments as they think expedient to give effect, either in whole or in part, to the petition or to the part of the petition, and with such consequential amendments, if any, as they think appropriate.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The joint committee must conduct its consideration of the Bill and of all petitions and counter-petitions in accordance with any instruction given by the House concerned after second reading of the Bill, and must report the Bill in accordance with any programme set out in the instruction.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Subject to Standing Orders, the report of the joint committee is to be laid before both Houses of Parliament.</span></span><br> <i class="text-centre">Costs</i><br> 6 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">A joint committee considering a Bill to which this Schedule applies has the same power to award costs as a select committee of either House in relation to a Provisional Order Bill under sections 9 to 12 of the Parliamentary Costs Act 2006 (as a result of section 15(4) and (5) of that Act); and sections 9 to 12 of that Act apply accordingly subject to any necessary modifications.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Sections 2 to 8, 13 and 14 of that Act apply with any necessary modifications to costs incurred in respect of a Bill to which this Schedule applies, as they apply to costs incurred in respect of a private Bill.</span></span><br> <i class="text-centre">Standing Orders</i><br> 7 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">Except as may be provided by Standing Orders made under sub-paragraph (2), the Private Business Standing Orders, and the custom and practice of Parliament relating to private business, do not apply to a Bill to which this Schedule applies.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Standing Orders may be made by the House of Commons and the House of Lords for any purpose relating to the provisions of this Schedule, to the extent they are compatible with this Schedule, and in particular—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">for regulating the manner in which petitions against a Bill to which this Schedule applies must be framed and deposited,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">for regulating the manner in which memorials relating to petitions against a Bill to which this Schedule applies must be framed and deposited,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">for extending the periods prescribed by this Schedule in relation to the deposit of petitions and memorials in any case where either period expires on a day on which the House concerned is adjourned for more than four days,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">for providing, in the case of any amendment to a Bill proposed by a petition, for a counter-petition to be deposited by any person or body whose interests would be adversely affected by the amendment; and for prescribing the cases in which a counter-petitioner has the right to be heard before the joint committee, and the cases in which the counter-petitioner may be allowed to be heard by the joint committee if the committee thinks fit,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">for the withdrawal of petitions, memorials and counter-petitions,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(f)</span><span class="sub-para-text">for enabling the functions of the Chairmen under this Schedule to be performed by any deputy appointed in accordance with Standing Orders,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(g)</span><span class="sub-para-text">for regulating the proceedings of the Chairmen in connection with the examination of petitions and memorials under this Schedule,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(h)</span><span class="sub-para-text">for prescribing the cases in which a petitioner whose petition, or any part of the petition, has been certified as proper to be received, has the right to be heard before the joint committee, and the cases in which the petitioner may be allowed to be heard before the joint committee, and for enabling the Chairmen to determine in the case of any particular petition whether the petitioner has such a right to be heard or may be allowed to be heard by the Chairmen,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">for prescribing the quorum of any joint committee, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(j)</span><span class="sub-para-text">for regulating the proceedings of any joint committee.</span></span><br> <i class="text-centre">Effect of order confirmation Act</i><br> 8 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">Any Act of Parliament made with reference to this Schedule is a public Act of Parliament that may not to be questioned in any court or tribunal.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In the case of any order granting development consent confirmed by an Act of Parliament made with reference to this Schedule, any reference in this Act to the date when an order granting development consent has been made, published or comes into force, and any reference in the order to when it was made, published or came into force, is instead to be taken as being the date on which the Bill for the Act receives Royal Assent.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Section 134 of this Act applies to any order granting development consent confirmed by an Act of Parliament made with reference to this Schedule with the following further modifications—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in section 134(7) after “A compulsory acquisition notice is a notice” omit “in the prescribed form”, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">omit section 134(7)(d).</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">In all other respects any order granting development consent that is confirmed by an Act of Parliament made with reference to this Schedule is to be treated as an order granting development consent.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In particular, an order granting development consent confirmed by an Act of Parliament made with reference to this Schedule may be—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">corrected through the exercise of the power contained in section 119, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">changed or revoked in accordance with section 153 and Schedule 6.</span></span><br> <i class="text-centre">Non-justiciability of proceedings in Parliament</i><br> 9 A court or tribunal may not question any Bill or proceedings in Parliament that purport to be conducted in accordance with this Schedule.<br> <i class="text-centre">Interpretation</i><br> 10 In this Schedule—<br> “the Chairmen” means the Chairman of Ways and Means and the Chairman of Committees,<br> “the Chairman of Committees” means the Chairman of Committees of the House of Lords, and includes any deputy acting on their behalf in accordance with Standing Orders,<br> “the Chairman of Ways and Means” means the Chairman of Ways and Means in the House of Commons, and includes any deputy acting on their behalf in accordance with Standing Orders,<br> “joint committee” means the joint committee to whom a Bill is referred under paragraph 4,<br> “the order” means the order granting development consent proposed to be confirmed by the Bill mentioned in paragraph 2,<br> “the Private Business Standing Orders” means the Standing Orders of the House of Commons relating to Private Business 2019 ordered to be printed on 19 December 2019, and the Standing Orders of the House of Lords relating to Private Business 2018 ordered to be printed on 18 December 2017, and<br> “Standing Orders” means standing orders of the House of Lords and of the House of Commons made under paragraph 7(2).”.<br> (3) After section 118(1) of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), insert—<br> “(1A) Subsection (1) does not apply to an order granting development consent for a project that is a critical national priority for the purposes of section 117A and to which the provisions of Schedule 3A apply, and accordingly such an order is not to be questioned in any court.”.”

<p>This clause would provide for a development consent order relating to a critical national priority project to be confirmed by an Act of Parliament after the order had been made by the Secretary of State, if the applicant for the development consent order had requested that before the order was made. In the normal way the resulting Act of Parliament would not be subject to legal challenge in the courts. Once confirmed by such an Act, subject to some necessary modifications, the development consent order concerned would be treated like any other development consent order and could be changed or revoked through the existing procedures contained in the Planning Act 2008.</p>

42

In subsection (3), leave out paragraphs (a) and (b) and insert—<br> “(a) an exclusion zone of not more than 10 kilometres, and<br> (b) a restricted zone of not more than 50 kilometres,”

47

Clause 33, page 48, line 39, leave out “possession or”

<p>This amendment is intended to remove the Secretary of State’s right to compulsorily acquire possession of highway land.</p>

53

Clause 47, page 59, line 25, at end insert—<br> “(6A) After section 94 of that Act (Power of street authority or district council to undertake street works) insert—<br> <b>“94A</b> <b>Public charging points: impact assessment</b><br> Before granting a street works permit for works as described in section 48(3ZA) (street works for charging points), the relevant authority must—<br> (a) assess the likely impact of the proposed works on the availability of parking for vehicles not using electric propulsion,<br> (b) consider mitigation measures to ensure reasonable access remains for the general motoring public, and<br> (c) publish the assessment for public consultation if the works will result in the loss of more than two general-use parking spaces.””

<p>This amendment would require local authorities to conduct and publish a parking impact assessment before permitting EV charge point works that may displace general-use parking. It ensures the wider motoring public is not disproportionately affected by the transition to electric infrastructure.</p>

54

Clause 47, page 59, line 25, at end insert—<br> “(6A) After section 94 of that Act (Power of street authority or district council to undertake street works) insert—<br> <b>“94A</b> <b>Public charging points: review</b><br> (1) Where works defined as street works under section 48(3ZA) (street works for charging points) materially reduces the availability of parking spaces for non-electric vehicles on a street, affected residents or businesses may request a formal review of the impact by the highway authority responsible for that street.<br> (2) The highway authority must complete such a review and notify the requestor of its conclusions within 30 days of receiving the request.””

<p>This amendment seeks to ensure that residents and businesses can request a review where EV installations reduce access to conventional parking. It seeks to provides a safeguard to ensure community needs are not overlooked in street works decisions and implementation.</p>

55

Clause 47, page 60, line 20, at end insert—<br> “(10) The Automated and Electric Vehicles Act 2018 is amended as set out in subsections (11) and (12).<br> (11) In section 10 (public charging or refuelling points: access, standards and connection)—<br> (a) in subsection (1), after paragraph (b) insert—<br> “(ba) the accessibility of public charging or refuelling points;”;<br> (b) after subsection (3) insert— <br> “(3A) Regulations under subsection (1)(ba) may, for example, require the operator of a public charging or refuelling point to ensure that the point complies with minimum specifications for placement of a charge point display, bay size, and the height and weight of the charging cable for the purpose of ensuring accessibility for disabled people.”.<br> (12) In section 14 (transmission of data relating to charge points), in subsection (2) after “energy consumption” insert “, accessibility”.”

58

After Clause 47, insert the following new Clause—<br> <b>National Lane Rental Scheme: establishment</b><br> (1) Within six months of the day on which this Act is passed, the Secretary of State must establish a National Lane Rental Scheme (“the Scheme”).<br> (2) The Scheme must ensure that—<br> (a) local authorities are able to grant lane rental permission to utility companies as standard,<br> (b) the Secretary of State is only involved in the granting of lane rental when utility companies appeal to the Secretary of State about the local authority’s actions under paragraph (a), and<br> (c) any public highway may be subject to lane rental provisions, irrespective of size or level of sensitivity.<br> (3) The Secretary of State must—<br> (a) consolidate existing regulations which provide for local authorities to grant permission for lane rental to utility companies for works, and<br> (b) ensure that any orders made under section 74A of the New Roads and Street Works Act 1991 which may contradict the provisions of the Scheme are repealed.<br> (4) The Secretary of State may by regulations made by statutory instrument vary provisions in the Scheme.<br> (5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.<br> (6) Any revenues raised through the National Lane Rental Scheme must be ring-fenced by local authorities and used exclusively for—<br> (a) repair and maintenance of highways, including the remediation of potholes, and<br> (b) measures to minimise future disruption from utility works.”

<p>This amendment would require the Secretary of State to bring forward a national scheme for Lane Rental during road works with the intention of developing a simpler, less bureaucratic, and more consistent system.</p>

65

At end insert—<br> “(2) After section 74(1)(a) of that Act insert—<br> “(aa) for authorising the local planning authority, in relation to a direction restricting the grant or refusal of planning permission or permission in principle under paragraph (a), to grant planning permission or permission in principle insofar as the planning application is in accordance with the provisions of the development plan if the latter is up-to-date;”.”

<p>This addition to the amendment tabled would provide an incentive to a local planning authority to adopt an up-to-date Local Plan and, in consequence, to regain control over the grant of planning permission in accordance with the Plan.</p>

84

After Clause 51, insert the following new Clause—<br> <b>“Gardens Trust to be statutory consultee for planning proposals</b><br> (1) The Gardens Trust must be considered for planning proposals as a statutory amenity society.<br> (2) All procedures which apply to statutory amenity societies as planning proposal consultees shall apply to the Gardens Trust.<br> (3) Powers conferred to the Secretary of State by the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 may not be exercised to remove the Gardens Trust as a statutory consultee in regard to any planning application.”

85

After Clause 51, insert the following new Clause—<br> <b>“Planning considerations: children and families who are homeless or in temporary accommodation</b><br> (1) The Town and Country Planning Act 1990 is amended as follows.<br> (2) After section 70(2) (determination of applications: general considerations), insert—<br> “(2ZZZA) In dealing with an application for planning permission, the local planning authority must have special regard to—<br> (a) the need to increase the availability of secure, suitable, and long-term accommodation for children and families who are homeless or living in temporary accommodation, including both—<br> (i) the provision of high-quality and purpose-built temporary accommodation, and<br> (ii) the development of new social housing that offers stable, long-term homes, and<br> (b) the importance of promoting the welfare, stability, and development of children affected by homelessness or temporary accommodation.””

86

After Clause 51, insert the following new Clause—<br> <b>“Promotion of distributed water supply</b><br> (1) When exercising functions under this Act in relation to planning applications, local planning authorities must have regard to how a proposed development could implement distributed water infrastructures and technologies for development-scale water reuse.<br> (2) When discharging the duty in subsection (1), planning authorities must seek to secure, where viable and appropriate, the incorporation of —<br> (a) distributed water storage solutions for individual buildings, and<br> (b) shared water storage infrastructure at community and development scale,<br> <span class="wrapped">into developments seeking planning permission.</span><br> (3) The water storage technology in section (2) includes but is not limited to—<br> (a) distributed schemes for local storage and supply of rainwater and surface water,<br> (b) rainwater harvesting of the largest sizes possible relative to building size, occupancy, and current and projected future water consumption,<br> (c) greywater and blackwater recycling, and<br> (d) water storage systems operated, co-managed or co-owned by local communities.”

<p>This amendment, requires planning authorities to support the inclusion of distributed and alternative water storage infrastructure projects in developments. This is to ensure the sustainable harvesting, use, or distribution of fit-for-purpose water by residents, communities, government services, and private businesses to reduce additional demand on catchment water resources and mitigate flood risk and water pollution.</p>

87

After Clause 51, insert the following new Clause—<br> <b>“Planning decisions: consideration of an EDP</b><br> In section 70 of the Town and Country Planning Act 1990 (determination of applications: general considerations), after paragraph (2)(aa) insert—<br> “(ab) any Environmental Delivery Plan made under the Planning and Infrastructure Act 2025, so far as material to the application,”.”

<p>This amendment seeks to ensure that when making a planning decision, the local planning authority must take into account any EDP applying to the land in question.</p>

95

Clause 52, page 73, line 22, at end insert—<br> “(6A) A spatial development strategy must not propose the development or use of agricultural land of the grade 1, 2 or 3a.”

<p>This amendment seeks to protect the best and most versatile land from development and use.</p>

98

Clause 52, page 86, line 7, at end insert—<br> <b>“12SA</b> <b>Reporting on the change of use of land</b><br> (1) The Secretary of State must report annually on the amount of land proposed for change of use under a special development strategy.<br> (2) The report under subsection (1) must be laid before Parliament.”

<p>This would require annual reporting on land proposed for a change of use.</p>

119

After Clause 52, insert the following new Clause—<br> <b>“Planning process: duty to consider small and medium-sized enterprises</b><br> (1) When discharging any duty under this Act relating to planning and development, the people and bodies in subsection (2) must—<br> (a) have regard to the fact that small and medium-sized enterprises may in practice face more difficulties when engaging in the planning process, and<br> (b) consider whether such barriers can be removed or reduced.<br> (2) The people and bodies are—<br> (a) the Secretary of State,<br> (b) mayors,<br> (c) local authorities,<br> (d) Natural England, and<br> (e) all other people and bodies with duties under this Act.<br> (3) In this section, “small and medium-sized enterprises” are companies with fewer than 250 employees involved in the design, application for planning consent or construction of between one and nine residential dwellings.”

<p>This amendment seeks to ensure that public bodies discharging duties under this Act pay consideration to the difficulties often faced by small and medium sized developers when engaging with the planning system.</p>

120

After Clause 52, insert the following new Clause—<br> <b>“Water efficiency and demand guidance</b><br> (1) The Secretary of State must, within 18 months of the day on which this Act is passed, publish guidance for local planning authorities on building design and construction techniques which—<br> (a) improve the efficiency of the water supply, and<br> (b) reduce demand for water,<br> <span class="wrapped">to enable them to better scrutinise planning applications for proposed developments.</span><br> (2) When considering planning applications for new developments, local planning authorities must consider the water efficiency of the development and the extent it contributes to water demand.<br> (3) To inform the consideration of water efficiency and demand under subsection (2), local planning authorities must —<br> (a) publish environmental principles policy statements which analyse long-term water demand and scarcity,<br> (b) consult water literacy frameworks to predict local water demand,<br> (c) monitor water efficiency and water demand of approved developments relative to building standards,<br> (d) publish data on target water consumption versus actual consumption for approved developments,<br> (e) evaluate and monitor the extent to which approved infrastructure and developments affect—<br> (i) demand on water and sewerage supplies,<br> (ii) flooding,<br> (iii) water run-off,<br> (iv) pollution,<br> (v) public health,<br> (vi) emissions, and<br> (vii) any other relevant environmental indicators.”

<p>This amendment seeks to make water efficiency and water demand by all infrastructural developments a statutory planning consideration supported by a national guidance.</p>

121

After Clause 52, insert the following new Clause—<br> <b>“Framework for designation and monitoring of grey belt land</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed, publish a framework for the designation of grey belt land for the purposes of planning and development.<br> (2) The framework in subsection (1) must include the following—<br> (a) a review of the definition published in the National Planning Policy Framework of land that is designated as grey-belt land,<br> (b) the criteria for when land may be designated as grey-belt land or green belt and how these are monitored to ensure these are applied consistently, and<br> (c) how any land designated as grey or green belt land for development is monitored, and how land may be re-designated, including during an ongoing plan making process.<br> (3) The framework in subsection (1) must be laid before both Houses of Parliament.”

122

Clause 53, page 90, line 26, at end insert—<br> “(4) The Secretary of State may issue guidance to Natural England, and/or a person designated under section 86 of this Act, about the making of an EDP.<br> (5) Natural England, or a designated person, must comply with any such guidance.<br> (6) Guidance issued under subsection (4) may include—<br> (a) where and how draft EDPs should be published for public consultation,<br> (b) guidance on minimum development thresholds for an EDP,<br> (c) the types of measures that may be included as conservation measures, and<br> (d) the use of its compulsory purchase powers, with a particular view to ensuring that—<br> (i) the powers are not used in a manner which would threaten the viability of an existing agricultural business,<br> (ii) the use of the powers takes account of the need to protect domestic food security, and<br> (iii) the impacts of the use of such powers on important social and cultural traditions, such as those that exist around common land, are protected.”

<p>This amendment confirms that the Secretary of State has a power to issue guidance to Natural England, and/or a designated person about the preparation of an EDP.</p>

124

Clause 54, page 91, line 26, leave out “before” and insert “after”

<p>This amendment seeks to ensure that an EDP is longer than ten years.</p>

125

Clause 54, page 91, line 26, leave out “ten” and insert “30”

<p>This amendment, together with another amendment in the name of Lord Roborough, seeks to ensure that an EDP is in place for 30 years</p>

131

Clause 55, page 92, line 4, at end insert “as assessed by the use of the best available evidence”

<p>This amendment, and others in the name of Lord Roborough and Lord Blencathra would require Natural England and the Secretary of State to base their judgements in respect of an Environmental Delivery Plan on the best available scientific evidence.</p>

134

Clause 55, page 92, line 22, at end insert—<br> “(8A) Any conservation measures provided by a landholding within the scope of an EDP must be legally secured by an agreement under section 106 of the Town and Country Planning Act 1990.”

<p>These changes are proposed as a means to ensure the deliverability of conservation measures provided by an EDP and to provide a stronger enforceability route than alternatives like a HM Land Registry Charge, which does not have the same level of legal enforceability.</p>

135

Clause 55, page 92, line 30 after “imposed” insert “in relation to development which falls within the scope of the EDP”

<p>This amendment clarifies that conservation measures can only be in the form of a requirement for Natural England to seek planning conditions to be imposed on development of a type which would fall within the scope of the EDP.</p>

137

Clause 55, page 92, line 34, at end insert “as assessed by the use of the best available evidence”

<p>This amendment, and others in the name of Lord Roborough and Lord Blencathra would require Natural England and the Secretary of State to base their judgements in respect of an Environmental Delivery Plan on the best available scientific evidence.</p>

138

Clause 55, page 92, line 34, at end insert—<br> “(12) Where an environmental delivery plan identifies environmental features that are likely to be negatively affected by any invasive non-native species that is present at the site of the development, Natural England, or a body acting on behalf of Natural England, must take all reasonable steps to eradicate the invasive non-native species that has been identified at the site.”

<p>This amendment seeks to protect all environmental features identified as at risk by invasive non-native species.</p>

141

Clause 56, page 93, line 2, at end insert—<br> “(4) When considering the rates or other criteria to be set out in a charging schedule in the course of preparing an EDP, Natural England must not include any potential capital costs for the purposes of acquiring land.”

<p>This amendment prevents Natural England from including Compulsory Purchase Order costs within their budgeting for an EDP.</p>

238

Clause 96, page 130, line 15, at end insert—<br> “(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments.”

<p>This amendment seeks to empower development corporations to seek finance from the widest number of sources whether from PWLB, private money, sovereign wealth, pension funds or value in-kind as part of a joint-venture together with the ability to issue bonds, individually or severally with other development corporations.</p>

242

Leave out Clause 107 and insert the following new Clause—<br> <b>“The Land Compensation Act 1961</b><br> In the Land Compensation Act 1961, omit section 14A (cases where prospect of planning permission to be ignored).”

<p>This amendment would remove the Levelling-up and Regeneration Act 2023’s changes to Compulsory Purchase Orders which enabled the Secretary of State to ignore “hope value”.</p>

243

Leave out Clause 107

<p>This amendment would remove Clause 107 (amendments relating to section 14A of the Land Compensation Act 1961) which would enable LAs to ignore “hope value” when using compulsory purchase orders.</p>

244

After Clause 108, insert the following new Clause—<br> <b>“Report: local government reorganisation and devolution</b><br> Within three months of the day on which this Act is passed, the Secretary of State must lay before both Houses of Parliament a report setting out—<br> (a) how this Act is intended to operate following local government reorganisation,<br> (b) the arrangements that will apply in respect of this Act in the interim period while devolution settlements are being negotiated, and<br> (c) what provisions must be in place to ensure the effective operation of this Act during the interim period.”

251

After Clause 108, insert the following new Clause—<br> <b>“Report on compatibility of compulsory purchase powers with the European Convention on Human Rights</b><br> (1) The Secretary of State must, within one month of the day on which this Act is passed, lay before Parliament a report assessing whether the exercise of compulsory purchase powers by local authorities is compatible with the rights and freedoms set out in the European Convention on Human Rights.<br> (2) The report must, in particular, consider—<br> (a) whether current legislative and procedural safeguards on compulsory purchase adequately protect the right to peaceful enjoyment of possessions under Article 1 of Protocol No. 1 to the Convention (protection of property);<br> (b) the extent to which affected individuals have access to effective remedies under Article 6 of the Convention;<br> (c) any patterns of concern arising from recent uses of compulsory purchase powers.<br> (3) In this section, “the European Convention on Human Rights” has the same meaning as in section 21(1) of the Human Rights Act 1998.”

<p>This amendment would require the Secretary of State to report on the compatibility of CPOs with the ECHR.</p>

252

After Clause 108, insert the following new Clause—<br> <b>“Return of compulsorily purchased land</b><br> (1) Natural England must return land acquired under a compulsory purchase order to the person from whom it was compulsorily purchased where the following conditions have been met—<br> (a) the owner of the land has refused to agree to a contract offered by Natural England,<br> (b) any works specified under the contract have been undertaken on behalf of Natural England and relate to an environmental development plan,<br> (c) a compulsory purchase order has been made by Natural England in relation to the land, and<br> (d) the cost of work undertaken on the land by Natural England exceeds the value of the contract offered by Natural England to the owner.<br> (2) When returning land under subsection (1), Natural England must not—<br> (a) impose any charge on, or<br> (b) require any sum from<br> <span class="wrapped">the person from whom the land was compulsorily purchased.”</span>

<p>This amendment requires Natural England to return land that has been subject to a Compulsory Purchase Order to the original owner if Natural England spends more on the contracted work than the money they were originally offering the landowner.</p>

253

After Clause 108, insert the following new Clause—<br> <b>“Tenant farmers (compensation for disturbance following change of use for farm business tenancies let under the Agricultural Tenancies Act 1995)</b><br> In the Agricultural Tenancies Act 1995, after section 21 insert—<br> <b>“21A</b> <b>Compensation payable to the tenant for disturbance</b><br> (1) This section applies where a farm business tenancy terminates in whole or in part by reason of a notice to quit given by the landlord following the granting of a planning consent for change of use and the tenant quits the holding in consequence of the notice.<br> (2) Where this section applies there shall be payable by the landlord to the tenant by way of compensation for disturbance a sum equal to the tenant’s actual loss.”.”

<p>This amendment introduces reasonable compensation provisions payable to farm tenants within the Agricultural Tenancies Act 1995. It will ensure that farm tenants receive compensation equivalent to their real loss for any land removed from their tenancy agreements for development. There are currently no compensation provisions within the Act.</p>

123

Leave out Clause 53

126

Leave out Clause 54

128

Clause 55, page 91, line 32, leave out “one or more” and insert “the”

129

Clause 55, page 91, line 35, at end insert “unless they are environmental impacts expected to result directly from the development to which the EDP relates."

136

Clause 55, page 92, line 31, after “section” insert “. "England" includes - (a) the waters adjacent to England up to the seaward limits of the territorial sea, and (b) the English offshore region; "English offshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322(1) of that Act);"

139

Leave out Clause 55

140

After Clause 55, insert the following new Clause- “Environmental infrastructure in new developments (1) Within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 (power to make building regulations) for the purpose of protecting and enhancing biodiversity. (2) Regulations made under this section must- (a) take account of biodiversity targets and interim targets set out in sections 1(2), 1(3)(c), 11 and 14 of the Environment Act 2021; (b) include measures to enable the provision in new developments of – (i) bird boxes; (ii) bat boxes; (iii) swift bricks; (iv) hedgehog highways; (v) biodiverse roofs and walls.”

142

Leave out Clause 56

143

Leave out Clause 57

150

Leave out Clause 58

154

Leave out Clause 59

155

Leave out Clause 60

158

Leave out Clause 61

159

Leave out Clause 62

161

Leave out Clause 63

Clause 17, page 23, line 6, at end insert—<br> “(2B) In deciding how to comply with the duties under this section, the Independent System Operator and Planner shall have regard to the need to assist the owners of renewable energy projects below 10 MW in dealing with the requirements of the application processes for establishing a connection to the grid.”

<p>This amendment is designed to ensure prioritisation of support for small scale renewable energy projects.</p>

Clause 25, page 34, line 33, at end insert—<br> <b>“10Q</b> <b>Long duration electricity storage: safety</b><br> (1) The Authority must ensure that the scheme established by section 10P includes measures to be taken by LDES operators (as defined by that section) to reduce fire risk and protect public safety.<br> (2) The scheme must ensure that before installing long duration electricity storage, LDES operators consult the local fire authority who must assess the fire risk posed by the installation.<br> (3) The LDES operator must pay the local fire authority a reasonable fee for their assessment of the fire risk under subsection (2).<br> (4) The Secretary of State may, by regulations made by statutory instrument, to define a “reasonable fee” for the purpose of this section.<br> (5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

<p>This amendment seeks to ensure that proposals for long duration energy storage systems, which may contain flammable batteries and equipment, are designed in consultation local fire authorities to minimise fire risk and protect public safety.</p>

Clause 49, page 64, leave out lines 5 to 8

Clause 50, page 64, line 32, at end insert—<br> “(3A) Regulations under subsection (1) must require that prescribed training promotes a science-based approach with regard to—<br> (a) climate change and biodiversity; and,<br> (b) ecological surveying including botanical and mycological surveying.”

<p>This amendment would mean that the mandatory training for members of planning committees and planning officers must include climate and biodiversity and enhanced ecological literacy training, in line with the latest scientific guidance.</p>

Clause 52, page 73, line 19, at end insert—<br> “(5A) A spatial development strategy must contain a design vision for the strategy area, developed with the local community and stakeholders, including provision to ensure design quality—<br> (a) which means development that is proactively planned to meet the needs of residents and communities in practice, and<br> (b) which adheres to principles of safety, sustainability and accessibility.”

<p>This amendment requires spatial development strategies to include a design vision for the strategy area that meets the practical needs of residents and communities, and reflects the principles of safety, sustainability and accessibility.</p>

After Clause 52, insert the following new Clause—<br> <b>“Local plan compliance with Habitats Regulations assessments</b><br> When developing a local plan, a local planning authority must—<br> (a) consider whether the plan complies with the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); and<br> (b) conduct strategic environmental impact assessments for all sites being proposed as suitable for development.”

<p>This amendment seeks to enable local plans to guide developers towards sites most appropriate for development and speed up and simplify the subsequent planning application process by conducting Habitats Regulations strategic environmental assessments at local plan stage</p>

After Clause 52, insert the following new Clause—<br> <b>“Spatial development strategies compliance with Habitats Regulations assessments and provisions of land use framework</b><br> When developing a spatial development strategy, a strategic planning authority and strategic planning board must consider whether the strategy complies with—<br> (a) the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)<br> (b) the provisions of the land use framework.”

<p>This amendment seeks to enable spatial development strategies to guide developers towards sites most appropriate for development and speed up and simplify the subsequent planning application process by conducting Habitats Regulations strategic environmental assessments at spatial development strategy stage.</p>

After Clause 52, insert the following new Clause—<br> <b>“Permission for gambling premises: cumulative impact assessments</b><br> (1) A planning authority shall, when considering any application for planning permission or change of use for premises which are to be used for gambling, take into consideration any relevant cumulative impact assessment published in accordance with subsection (2), and where such an assessment has been published they shall in the absence of very special circumstances refuse the application.<br> (2) A licensing authority may publish a document (“a cumulative impact assessment”) to inform the planning authority’s decision under subsection (1), stating that they consider that the number of premises licences granted under section 163 of the Gambling Act 2005 (determination of application) in one or more parts of their area described in the assessment is such that it is likely that it would be—<br> (a) inconsistent with the licensing objectives in section 1 of that Act, or<br> (b) harmful to the wellbeing of the community,<br> <span class="wrapped">for there to be any increase in the number of such premises in that part or those parts, and where it does so it shall include a summary of the evidence on which it based its assessment.</span><br> (3) Before taking a cumulative impact assessment into consideration in accordance with subsection (1), the planning authority must satisfy itself that the licensing authority, before it published the assessment or a renewed or revised version of the assessment, consulted any persons who in the licensing authority’s opinion have business interests which might be affected by the assessment, and provided them with the following information—<br> (a) the reasons why they were considering publishing a cumulative impact assessment;<br> (b) a general indication of the part or parts of their area which they were considering describing in the assessment.<br> (4) The planning authority may only take a cumulative impact assessment into consideration in accordance with subsection (1) if the assessment is less than three years old.<br> (5) In section 153 of the Gambling Act 2005 (principles to be applied), at the end of subsection (1) insert—<br> <span class="wrapped">“but this subsection does not prevent a licensing authority from publishing a cumulative impact assessment as described in section <i>(Permission for gambling premises: cumulative impact assessments)</i> of the Planning and Infrastructure Act 2025”</span>

After Clause 52, insert the following new Clause—<br> <b>“Local plans and planning applications: development hierarchy</b><br> Local plans prepared by local authorities must apply a sequential approach to the location of development, such that brownfield sites with low biodiversity, re-use of empty homes, conversion of public and commercial buildings into domestic dwellings and the full build-out of planning permissions are allocated before greenfield land.”

Clause 55, page 91, line 38, at end insert—<br> “(2A) An environmental impact identified in an EDP may only affect nutrient neutrality, water quality, water resource or air quality.”

<p>This amendment seeks to limit the application of an EDP to issues where approaches at a strategic landscape scale will be effective.</p>

Clause 55, page 92, line 4, at end insert—<br> “(3A) Where an EDP contains conservation measures concerning animal or plant life, those measures must be proportionate to the value reasonably attributable to the benefits of preserving that life.<br> (3B) For the purposes of subsection (3A), the value of preserving a single animal or plant must not exceed the monetary value placed on preserving a human life as defined by National Institute for Health and Care Excellence guidance on cost-effectiveness thresholds.”

<p>This probing amendment seeks to encourage debate on the proportionality of conservation measures included in an EDP. The amendment proposes an upper limit on the value of a conservation measure which is tied to NICE’s “cost-effectiveness threshold” of £20,000-£30,000 per quality-adjusted life year. This figure is used by the NHS to assess the proportionality of a medical intervention and constitutes a monetary value for the preservation of a human life.</p>

Clause 90, page 121, line 2, at end insert—<br> “(aa) Part 1A amends the Habitats Regulations 2017 to provide for changes to the way that planning applications are treated in relation to the Regulations;”

<p>This amendment, linked to another in the name of Lord Ravensdale, seeks to reverse the impacts of recent case law and other clarifications on the operation of the Conservation of Habitats and Species Regulations 2017.</p>

Schedule 6, page 181, line 20, at end insert—<br> “(3) For the purpose of paragraph (1), the appropriate authority may secure measures which benefit Natura 2000 by—<br> (a) directly or indirectly benefiting ecosystems affected by the plan or project,<br> (b) contributing, anywhere within Natura 2000, to the improvement of the conservation status of protected features affected by the plan or project,<br> (c) assisting the appropriate authority in meeting its management objectives under regulation 16A in respect of the affected protected features, or<br> (d) contributing to meeting the objectives of a current environmental improvement plan or Environment Act strategy in the vicinity of the plan or project,<br> <span class="wrapped">and such measures need not be of the same type or scale as the protected features negatively affected by the plan or project or in place or effective prior to the onset of its impact.</span><br> (4) In this regulation—<br> “current environment improvement plan” has the same meaning as in Part 1 of the Environment Act 2021;<br> “Environment Act Strategy” means a strategy prepared under any of the following provisions of the Environment Act 2021—<br> (a) section 104 (local nature strategies),<br> (b) section 109 (species conservation strategies), or<br> (c) section 110 (protected site strategies).”

<p>This amendment, linked to another in the name of Lord Ravensdale, seeks to reverse the impacts of recent case law and other clarifications on the operation of the Conservation of Habitats and Species Regulations 2017.</p>

Schedule 6, page 183, line 24, at end insert—<br> “Part 1A<br> <b>Planning consent: amendments to the conservation of habitats and species regulations 2017</b><br> <i class="text-centre">Interpretation etc</i><br> 1 The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.<br> 2 In regulation 3 (interpretation), in paragraph (1) after the definition of “priority species”, insert—<br> ““protected features” means, in relation to a European offshore marine site, any Annex I or Annex II species (as defined in the Habitats Directive) which is an interest feature of that site;”<br> 3 In regulation 3A (interpretation: the Directives), in paragraph (4) at end insert “or any matters pertaining to the assessment of, or compensation for, plans or projects pursuant to regulations 63 and 68, or the protection of species and species licensing pursuant to regulations 43 and 55”.<br> <i class="text-centre">De minimis effects</i><br> 4 Regulation 55 (licences for certain activities relating to animals or plants) is amended as follows.<br> 5 After paragraph (6), insert—<br> “(6A) Where there is evidence that the effects of a plan or project alone on a protected feature are likely to be de minimis (including due to their temporary duration) and the plan or project’s contribution to in-combination effects with other plans or projects on that protected feature is also likely to be de minimis, there should not be considered to be a likely significant effect on a European site or European offshore marine site for the purpose of paragraph (1)(a) or an adverse effect on the integrity of a European site or European offshore marine site for the purpose of paragraph (5), including in cases where the European site or European offshore marine site has an unfavourable conservation status.<br> (6B) For the purpose of paragraph (6A) as it applies to paragraph (5), the manner in which a plan or project is proposed to be carried out and any conditions or restrictions subject to which it is proposed that the consent, permission or other authorisation should be given, may be taken into account when considering whether effects are likely to be de minimis.<br> (6C) Paragraph (6A) shall not apply in relation to permanent loss of any part of a natural habitat type whose preservation was the objective justifying the designation of the site.<br> (6D) Any evidence or justification provided by an applicant for the purpose of assessment, or to enable a competent authority to determine whether an appropriate assessment is required, shall not (without justification) be accorded less weight by the competent authority than that provided by the appropriate nature conservation body.”.<br> <i class="text-centre">Cases where subsequent assessment is not required</i><br> 6 In paragraph (7) of regulation 63 (assessment of implications for European sites and European offshore marine sites), after sub-paragraph (c), insert—<br> “(d) consents, approvals, permissions or authorisations required pursuant to—<br> (i) the conditions of a planning permission granted under the Town and Country Planning Act 1990,<br> (ii) the requirements of a development consent order made under the Planning Act 2008,<br> (iii) the conditions of a marine license granted pursuant to Marine and Coastal Access Act 2009,<br> (iv) the conditions of a consent under section 36 or section 37 of the Electricity Act 1989, or<br> (v) the requirements of an infrastructure consent order made under the Infrastructure (Wales) Act 2024,<br> <span class="wrapped">provided that when planning permission, development consent, a marine license, section 36 or section 37 consent, or infrastructure consent (as relevant) was granted, any assessment required at that time by these Regulations (or any predecessor Regulations in force at that time) was carried out.”.”</span>

<p>This amendment, linked to another in the name of Lord Ravensdale, seeks to reverse the impacts of recent case law and other clarifications on the operation of the Conservation of Habitats and Species Regulations 2017.</p>

After Clause 108, insert the following new Clause—<br> <b>“Amendment to the Local Government Act 1972 to enhance provisions for protection of purchasers of land from local authorities</b><br> For section 128(2) of the Local Government Act 1972 (consents to land transactions by local authorities and protection of purchasers), substitute—<br> “(2) Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land by any method whatsoever after 13 November 1980, then—<br> (a) in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and<br> (b) a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with;<br> <span class="wrapped">and any such person who acquires land to which this subsection applies shall take such land free of any trusts arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 of the Public Health Act 1875 or section 10 of the Open Spaces Act 1906 notwithstanding any failure by the relevant authority to comply with the requirements of section 122(2A) or section 123(2A) of this Act.””</span>

<p>This amendment seeks to clarify purchasers’ protection machinery in the Local Government Act 1972 following the Supreme Court’s decision in R (Shropshire) v Day [2023] AC 955 for persons who acquire land from local authorities.</p>

After Clause 2, insert the following new Clause—<br> <b>“Projects relating to water</b><br> (1) Part 3 of the Planning Act 2008 (nationally significant infrastructure projects) is amended as set out in subsections (2) to (4).<br> (2) In section 27 (dams and reservoirs)—<br> (a) in subsection (1)(b), after “by” insert “, or by a person appointed by,”;<br> (b) in subsection (2)(b), after “by” insert “, or by a person appointed by,”;<br> (c) after subsection (3) insert—<br> “(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582).”<br> (3) In section 28 (transfer of water resources)—<br> (a) in subsection (1)(a), after “by” insert “, or by a person appointed by,”;<br> (b) after subsection (2) insert—<br> “(3) In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582).”<br> (4) In section 28A (desalination plants)—<br> (a) in subsection (1)(b), after “by” insert “, or by a person appointed by,”;<br> (b) in subsection (2)(b), after “by” insert , or by a person appointed by,”;<br> (c) after subsection (3) insert—<br> “(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582).”<br> (5) The amendments made by this section do not apply in relation to a project where, before the day on which this section comes into force—<br> (a) consent for the project was required, or otherwise provided for, by or under an enactment other than section 31 of the Planning Act 2008 (requirement for development consent in relation to development that is or forms part of a nationally significant infrastructure project), and<br> (b) any steps provided for by or under the enactment in question, to obtain that consent, had been taken.<br> (6) In subsection (5), “consent” means any consent, approval, permission, authorisation, confirmation, direction or decision (however described, given or made).”

<p>This amendment would allow projects carried out by third parties appointed by water undertakers to fall within the definition of a nationally significant infrastructure project by virtue of section 14(1)(m), (n) or (na) of the Planning Act 2008, provided the other conditions in sections 27, 28 and 28A of the 2008 Act are met.</p>

Clause 6, page 11, line 14, leave out subsection (2)

<p>This amendment would remove the amendment made by clause 6 to section 37(3) of the Planning Act 2008, with the result that the test for acceptance of an application for a development consent order would remain unchanged.</p>

Clause 6, page 11, line 19, leave out subsection (3)

<p>This amendment is consequential on my amendment to clause 6, page 12, line 31.</p>

Clause 6, page 11, line 25, leave out subsections (5) and (6)

<p>This amendment is consequential on my amendment to clause 6, page 12, line 31.</p>

Clause 6, page 12, line 1, leave out paragraph (c)

<p>This amendment is consequential on my amendment to clause 6, page 11, line 14.</p>

Clause 6, page 12, line 29, leave out from “must” to end of line 30 and insert “—<br> (a) prepare a statement of the Secretary of State’s reasons for that decision,<br> (b) provide a copy of the statement to the applicant, and<br> (c) publish the statement in such form and manner as the Secretary of State thinks appropriate.”

<p>This amendment would require the Secretary of State to publish a statement of reasons for any decision not to accept an application under section 55 of the Planning Act 2008.</p>

Clause 6, page 12, line 31, leave out subsections (12) and (13)

<p>This amendment would remove new section 55A of the Planning Act 2008 which would have permitted the Secretary of State to require an applicant for a development consent order to provide further information before accepting the application. It would also make provision consequential on this.</p>

Clause 6, page 13, line 33, at end insert—<br> “(13A) In section 118 (legal challenges relating to applications for orders granting development consent), in subsection (3)(b), for “notifies the applicant as required by subsection (7)” substitute “provides the copy of the statement of reasons for the decision to the applicant as required by subsection (7)(b)”.”

<p>This amendment is consequential on the substitution of section 55(6) of the Planning Act 2008 by clause 6(11) of the Bill.</p>

Clause 6, page 13, line 34, leave out subsection (14) and insert—<br> “(14) In consequence of the amendment in subsection (10), omit section 137(4) of the Localism Act 2011.”

<p>This amendment is consequential on my amendment to clause 6, page 12, line 1.</p>

Clause 26, page 36, line 8, leave out from “regulations” to end of line 13 and insert “under this section”

<p>This amendment makes all regulations implementing the consumer benefit scheme subject to the affirmative procedure.</p>

Clause 26, page 38, line 36, leave out “in relation to which section 38A(6) applies” and insert “under section 38A”

<p>This amendment is consequential on my amendment at page 36, line 8.</p>

Clause 28, page 39, line 11, leave out “appropriate forestry authority” and insert “Commissioners”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 39, line 13, at beginning insert “English”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 39, line 17, after “across,” insert “English”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 39, line 19, at beginning insert “English”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 39, line 27, after “on” insert “English”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 39, line 30, leave out “appropriate forestry authority’s” and insert “Commissioners’”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 39, line 34, leave out from “41(2)” to end of line 35

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 39, line 36, leave out “appropriate forestry authority” and insert “Commissioners”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 40, leave out lines 1 to 18

<p>This amendment and my amendment at page 41, line 13 would replace the current power to impose consent requirements on the exercise of the powers conferred by Clause 28 with a narrower power limited to generating stations above a certain megawatt capacity.</p>

Clause 28, page 40, leave out lines 20 to 23

<p>This amendment is consequential on my amendment at page 40, line 1.</p>

Clause 28, page 40, line 30, at beginning insert ““English”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 40, line 31, leave out “appropriate forestry authority” and insert “Commissioners”

<p>This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.</p>

Clause 28, page 41, line 13, at end insert—<br> <b>“3B</b> <b>Section 3A: power to require Secretary of State’s consent in certain cases</b><br> (1) The Secretary of State may make regulations that, in a case within subsection (2), require the consent of the Secretary of State to an exercise of the Commissioners’ powers under section 3A.<br> (2) The cases are those where—<br> (a) a proposed exercise of the powers is intended to enable the construction on English forestry land of the whole or part of a generating station (including an extension to an existing station), and<br> (b) the capacity threshold is exceeded.<br> (3) In the case of the construction of a new generating station, the capacity threshold is exceeded if it is expected that the generating capacity of the station would equal or exceed the relevant wattage.<br> (4) In the case of an extension to an existing station, the capacity threshold is exceeded if it is expected that—<br> (a) the extension would cause the generating capacity of the station to equal or exceed the relevant wattage, or<br> (b) the extension, whether alone or taken together with previous non-consented extensions, would increase the generating capacity of the station by at least the relevant wattage.<br> (5) An extension is “non-consented” for the purposes of subsection (4)(b) if—<br> (a) it was enabled by an exercise of the Commissioners’ powers under section 3A, and<br> (b) that exercise of those powers did not have the consent of the Secretary of State under regulations under subsection (1).<br> (6) But an extension ceases to be “non-consented” for those purposes if—<br> (a) a subsequent extension to the station in question is constructed having been enabled by an exercise of the Commissioners’ powers under section 3A, and<br> (b) that exercise of those powers had the consent of the Secretary of State under regulations under subsection (1).<br> (7) The relevant wattage is—<br> (a) 5 megawatts, if the station generates electricity from wind, and<br> (b) 50 megawatts, if it does not.<br> (8) The Secretary of State may by regulations amend this section so as to change the relevant wattage (including by adding or combining categories of station in relation to which a particular wattage is prescribed).<br> (9) In calculating the relevant wattage there is to be disregarded—<br> (a) in the case of a generating station only partly situated on English forestry land, any generating capacity that can be attributed to parts not situated on English forestry land;<br> (b) in the case of a generating station whose capacity is provided in part by facilities for the storage of electricity and in part by other means, the capacity provided by those facilities.<br> (10) In this section—<br> “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1));<br> “storage” is to be read in accordance with section 3A(9).<br> <b>3C</b> <b>Regulations under section 3B: further provision</b><br> (1) Regulations under section 3B(1) may—<br> (a) make provision about the process by which consent is to be sought and given or refused;<br> (b) provide for consent to be given subject to conditions.<br> (2) Regulations under section 3B may—<br> (a) make different provision for different purposes or areas;<br> (b) include consequential, incidental, supplementary, transitional or saving provision.<br> (3) Regulations under section 3B are to be made by statutory instrument.<br> (4) A statutory instrument containing (whether alone or with other provision) regulations under section 3B(8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.<br> (5) A statutory instrument containing regulations under section 3B(1) (but not regulations under section 3B(8)) is subject to annulment in pursuance of a resolution of either House of Parliament.”

<p>See the explanatory statement for my amendment at page 40, line 1.</p>

After Clause 28, insert the following new Clause—<br> <b>“Wind generating stations that may affect seismic array systems</b><br> (1) The Secretary of State may make regulations about planning permissions or consents relating to wind generating stations that may affect the functioning of a relevant seismic array system.<br> (2) A “relevant seismic array system” is a spatially distributed system of linked seismometers, arranged so as to enhance the detection and characterisation of seismic signals, that—<br> (a) is used for defence purposes, and<br> (b) is in use on the day on which this Act is passed.<br> (3) The regulations may provide for—<br> (a) an exclusion zone, and<br> (b) a restricted zone,<br> <span class="wrapped">around a relevant seismic array system.</span><br> (4) The regulations may—<br> (a) require a planning decision-maker to refuse, or decline to determine or accept, a planning application relating to a wind generating station that is (or would be) situated in an exclusion zone;<br> (b) provide that a relevant development order or MCA scheme may not be made if it would grant planning permission for development relating to a wind generating station that is (or would be) situated in an exclusion zone;<br> (c) allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.<br> (5) The regulations may, in relation to a planning application relating to a wind generating station that is (or would be) situated in a restricted zone—<br> (a) require the applicant to provide specified information about the seismic impact of the proposals (“seismic impact information”) to which their application relates;<br> (b) require the planning decision-maker to use the seismic impact information in a specified way when determining the application (including when determining conditions relating to a permission or consent);<br> (c) require the planning decision-maker to refuse, or decline to determine or accept, the application in specified circumstances;<br> (d) require the planning decision-maker to provide the Secretary of State with the seismic impact information, and to seek the Secretary of State’s views on the seismic impact of the proposals;<br> (e) require the planning decision-maker to refuse, or decline to determine or accept, the application if the Secretary of State objects to it on grounds relating to the seismic impact of the proposals.<br> (6) The regulations may—<br> (a) require a person proposing to make a relevant development order or MCA scheme to consult the Secretary of State if the order or scheme would grant planning permission for development relating to a wind generating station that is (or would be) situated in a restricted zone;<br> (b) allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.<br> (7) The regulations may include provision about the procedure for planning applications to which they relate, such as—<br> (a) provision enabling or requiring a planning decision-maker to decline to determine or accept an application;<br> (b) provision modifying the process for determining an application;<br> (c) provision allowing the Secretary of State to give a direction to the planning-decision maker about the procedure for an application;<br> (d) provision modifying or disapplying a right of appeal or review;<br> (e) provision disapplying a duty imposed on a planning decision-maker when determining an application.<br> (8) The regulations may require a planning decision-maker to have regard to guidance issued by the Secretary of State.<br> (9) Regulations under this section may—<br> (a) amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament;<br> (b) make different provision for different purposes or areas;<br> (c) make provision binding the Crown;<br> (d) make transitional, transitory or saving provision;<br> (e) make incidental, supplementary or consequential provision.<br> (10) Regulations under this section are to be made by statutory instrument.<br> (11) A statutory instrument containing regulations under this section which amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.<br> (12) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.<br> (13) If a draft of a statutory instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.<br> (14) In this section—<br> “MCA scheme” means a masterplan consent area scheme made under Part 3 of the Town and Country Planning (Scotland) Act 1997;<br> “planning application” means—<br> (a) an application for planning permission under Part 3 or Part 13 of the Town and Country Planning Act 1990,<br> (b) an application for planning permission under Part 3 or Part 12 of the Town and Country Planning (Scotland) Act 1997,<br> (c) an application for an order granting development consent under section 37 of the Planning Act 2008, or<br> (d) an application under section 36 or 36C of the Electricity Act 1989 (consent for construction etc of generating station);<br> “planning decision-maker” means a person who determines a planning application;<br> “relevant development order” means—<br> (a) a local development order made under section 61A of the Town and Country Planning Act 1990;<br> (b) a Mayoral development order made under section 61DA of that Act;<br> (c) a neighbourhood development order made under section 61E of that Act;<br> (d) a development order made under section 30 of the Town and Country Planning (Scotland) Act 1997;<br> “wind generating station” means a generating station that generates electricity from wind.”

<p>This new clause would empower the Secretary of State to make regulations relating to planning permissions for wind generating stations that may affect the operation of seismic array systems used for defence purposes that are in use at the time that the Act is passed.</p>

Leave out Clause 41 and insert the following new Clause—<br> <b>“Deemed grant of listed building consent etc</b><br> (1) In the Transport and Works Act 1992, for section 17 (listed buildings and conservation areas) substitute—<br> <b>“17</b> <b>Listed buildings: England</b><br> (1) On making an order under section 1 or 3 that authorises controlled listed building works in England, the Secretary of State may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.<br> (2) Section 16(2) of the Listed Buildings Act (duty of special regard to listed buildings) applies to the making of a direction under this section as it would apply to the grant of listed building consent in relation to the building concerned.<br> (3) Section 72(1) of the Listed Buildings Act (duty of special attention to conservation areas) applies to the making of a direction under this section in relation to a building in a conservation area as it would apply to the grant of listed building consent in relation to that building.<br> (4) The provisions of the Listed Buildings Act apply in relation to any listed building consent deemed to be granted by virtue of a direction of the Secretary of State under this section as if the consent had been granted by the Secretary of State on an application referred under section 12 of that Act.<br> (5) But that does not bring the decision to make the direction within section 62(2)(a) of that Act (decisions of Secretary of State that may only be challenged by way of statutory review).<br> (6) In this section—<br> “conservation area” has the same meaning as in the Listed Buildings Act (see section 91(1) of that Act);<br> “controlled listed building works in England” means works to which section 7(1) of the Listed Buildings Act (demolition or alteration in character of a listed building in England) applies;<br> “listed building consent” means consent under section 8 of the Listed Buildings Act (listed building consent in England);<br> “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.<br> <b>17A</b> <b>Listed buildings and conservation areas: Wales</b><br> (1) On making an order under section 1 or 3 that authorises controlled listed building works in Wales, the Welsh Ministers may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.<br> (2) On making an order under section 1 or 3 that authorises controlled conservation area works in Wales, the Welsh Ministers may direct that conservation area consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.<br> (3) Section 96(2) of HEWA 2023 (duty of special regard to listed buildings) applies to the making of a direction under subsection (1) as it would apply to the grant of listed building consent in relation to the building concerned.<br> (4) Section 160(1) of HEWA 2023 (duty of special regard to conservation areas) applies—<br> (a) to the making of a direction under subsection (1) in relation to a building in a conservation area, as it would apply to the grant of listed building consent in relation to that building, and<br> (b) to the making of a direction under subsection (2), as it would apply to the grant of conservation area consent in relation to the building concerned.<br> (5) The provisions of HEWA 2023 apply in relation to any consent deemed to be granted by virtue of a direction of the Welsh Ministers under this section as if the consent had been granted by the Welsh Ministers on an application referred under section 94 of that Act.<br> (6) But that does not bring the decision to make the direction within section 182(2)(b) of that Act (decisions of Welsh Ministers that may only be challenged by way of statutory review).<br> (7) In this section—<br> “conservation area” has the same meaning as in HEWA 2023 (see section 210 of that Act);<br> “conservation area consent” means consent under section 162 of HEWA 2023 (conservation area consent in Wales);<br> “controlled conservation area works in Wales” means works to which section 161 of HEWA 2023 (demolition of building in conservation area in Wales) applies;<br> “controlled listed building works in Wales” means works to which section 88 of HEWA 2023 (demolition or alteration in character of a listed building in Wales) applies;<br> “HEWA 2023” means the Historic Environment (Wales) Act 2023;<br> “listed building consent” means consent under section 89 of HEWA 2023 (listed building consent in Wales).”<br> (2) In section 22 of that Act (validity of orders)—<br> (a) in the heading, for “under section 1 or 3” substitute “and directions”;<br> (b) after subsection (3) insert—<br> “(4) This section applies to a direction under—<br> (a) section 90(2A) of the Town and Country Planning Act 1990 (deemed planning permission),<br> (b) section 17 or 17A of this Act (deemed listed building or conservation area consent), or<br> (c) section 12(2A) of the Planning (Hazardous Substances) Act 1990 (deemed hazardous substances consent),<br> <span class="wrapped">as it applies to an order under section 1 or 3.”</span><br> (3) In section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (reference of applications for listed building consent to Secretary of State), omit subsection (3A).<br> (4) In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to Welsh Ministers of application for listed building consent associated with Transport and Works Act application), after “application” in the second place it occurs insert “to the Secretary of State”.”

<p>This amendment would replace the proposed power to remove the need for various heritage-related consents for a Transport and Works Act project with a power to put in place deemed listed building consent or (in Wales) conservation area consent for such a project.</p>

After Clause 51, insert the following new Clause—<br> <b>“Directions restricting refusal of planning permission in England</b><br> In section 74 of the Town and Country Planning Act 1990 (directions etc as to method of dealing with applications), in subsection (1)(a), after “grant” insert “or, in the case of an authority in England, the refusal,”.”

<p>This amendment would allow a development order to enable the Secretary of State to give directions restricting the refusal of planning permission or permission in principle by a local planning authority in England.</p>

After Clause 51, insert the following new Clause—<br> <b>“Directions giving deemed planning permission: special regard to heritage assets</b><br> (1) In section 90 of the Town and Country Planning Act 1990 (directions deeming planning permission to be granted for certain development with government authorisation), after subsection (2A) insert—<br> “(2B) Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (special regard to listed buildings) applies to a government department or the Secretary of State in considering whether to make a direction under this section as it applies to the Secretary of State in considering whether to grant planning permission.”<br> (2) In section 90(2B) of that Act (inserted by subsection (1))—<br> (a) for “applies”, in the first place it appears, substitute “and section 58B of this Act (special regard to other heritage assets) apply”;<br> (b) for “it applies” substitute “they apply”.”

<p>There is currently a duty to have special regard to the desirability of preserving listed buildings, their settings and their features of special architectural or historic interest when deciding whether to grant planning permission. This new Clause would apply that duty to certain powers to put in place deemed planning permission (including in relation to a Transport and Works Act project).</p>

After Clause 51, insert the following new Clause—<br> <b>“Planning permission etc: extension of time in event of legal challenge</b><br> (1) The Town and Country Planning Act 1990 is amended as set out in subsections (2) and (3).<br> (2) In section 91 (general condition limiting duration of planning permission), for subsections (3A) and (3B) substitute—<br> “(3A) In subsections (3B) to (3BB)—<br> “implementation period” means the period before the end of which a development to which a planning permission relates must be begun (see subsections (1) and (3));<br> “relevant proceedings” means proceedings to challenge the validity, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission.<br> (3B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.<br> (3BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.<br> (3BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.<br> (3BC) Any extension of a period under subsection (3B), (3BA) or (3BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).<br> (3BD) Any extension of a period under subsection (3BA) is to run consecutively to the previous extension of the period under subsection (3B) (if they would otherwise overlap).<br> (3BE) Any extension of a period under subsection (3BB) is to run consecutively to the previous extension of the period under subsection (3B) and any previous extension of the period under subsection (3BA) (if they would otherwise overlap).<br> (3BF) The references in subsections (3BA) and (3BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).”<br> (3) After section 92 insert—<br> <b>“92A</b> <b>Extension of outline planning permission etc in event of legal challenge</b><br> (1) This section applies where a person is given permission by a court to bring proceedings challenging the validity, in respect of the development of land in England, of—<br> (a) a grant (or deemed grant) of outline planning permission, or<br> (b) the approval of reserved matters under such a permission.<br> (2) Any reserved matters application period or implementation period that is running when the court gives permission to bring the proceedings is extended by one year.<br> (3) If a party to the proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year.<br> (4) If a party to the proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years.<br> (5) Any extension of a period under subsection (2), (3) or (4) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).<br> (6) Any extension of a period under subsection (3) is to run consecutively to the previous extension of the period under subsection (2) (if they would otherwise overlap).<br> (7) Any extension of a period under subsection (4) is to run consecutively to the previous extension of the period under subsection (2) and any previous extension of the period under subsection (3) (if they would otherwise overlap).<br> (8) For the purposes of subsections (2) to (4), an implementation period that is determined by reference to an approval of a reserved matter starts to run when the reserved matters application is made (and the reserved matters application period ceases to run at that point).<br> (9) Subsection (10) applies if a reserved matters application is made without taking advantage of an extension under this section.<br> (10) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of days by which the reserved matter application period is extended under this section.<br> (11) Subsection (12) applies if a reserved matters application period is extended (or further extended) under this section and the reserved matter application is made taking advantage of the extension but before the end of the period as extended.<br> (12) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made.<br> (13) In this section—<br> “implementation period” , in relation to a grant of outline planning permission, means the period before the end of which development to which the permission relates must be begun (see section 92(2)(b), (4) and (5));<br> “outline planning permission” has the same meaning as in section 92;<br> “reserved matters application” means an application for the approval of a reserved matter in pursuance of section 92;<br> “reserved matters application period” , in relation to a grant of outline planning permission, means the period before the end of which a reserved matters application relating to the permission is required to be made (see section 92(2)(a), (4) and (5)).<br> (14) In this section, references to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).”<br> (4) In the Planning (Listed Buildings and Conservation Areas) Act 1990, in section 18 (limit of duration of listed buildings consent), for subsections (2A) and (2B) substitute—<br> “(2A) In subsections (2A) to (2BB)—<br> “implementation period” means the period before the end of which works to which a listed building consent relates are required to be begun in pursuance of subsection (1) or (2);<br> “relevant proceedings” means proceedings to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent.<br> (2B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.<br> (2BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.<br> (2BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.<br> (2BC) Any extension of a period under subsection (2B), (2BA) or (2BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).<br> (2BD) Any extension of a period under subsection (2BA) is to run consecutively to the previous extension of the period under subsection (2B) (if they would otherwise overlap).<br> (2BE) Any extension of a period under subsection (2BB) is to run consecutively to the previous extension of the period under subsection (2B) and any previous extension of the period under subsection (2BA) (if they would otherwise overlap).<br> (2BF) The references in subsections (2BA) and (2BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).”<br> (5) The amendments made by subsections (2) and (4) do not operate to extend any implementation period that has already expired.<br> (6) In relation to proceedings begun before the day on which subsection (2) comes into force (“the commencement date”)—<br> (a) any extension of time under section 91(3B) of the Town and Country Planning Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;<br> (b) subsections (3B) to (3BB) of section 91 of that Act (as inserted by subsection (2)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.<br> (7) In relation to proceedings begun before the day on which subsection (3) comes into force, section 92A of the Town and Country Planning Act 1990 (inserted by subsection (3)) applies so far as any event in the proceedings giving rise to an extension of time under that section occurs on or after that day, but not otherwise.<br> (8) In relation to proceedings begun before the day on which subsection (4) comes into force (“the commencement date”)—<br> (a) any extension of time under section 18(2B) of the Planning (Listed Buildings and Conservation Areas) Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;<br> (b) subsections (2B) to (2BB) of section 18 of that Act (as inserted by subsection (4)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.”

<p>This amendment would extend the time for implementing a planning permission or listed building consent where the permission or consent is challenged in legal proceedings. There would be an extension of one year in all cases, with a further year where the case goes to the Court of Appeal and a further two years where the case goes to the Supreme Court.</p>

After Clause 51, insert the following new Clause—<br> <b>“Provision of advice by Natural England to public authorities</b><br> (1) The Natural Environment and Rural Communities Act 2006 is amended as set out in subsections (2) and (3).<br> (2) In section 4 (advice)—<br> (a) after subsection (1) insert—<br> “(1A) Natural England is not required by subsection (1) to give advice in response to a request to which subsection (1B) applies that is made by a public authority other than a Minister of the Crown.<br> (1B) This subsection applies to a request for advice relating to—<br> (a) a specific development that requires, but has not been granted, planning permission under section 57 of the Town and Country Planning Act 1990 (“the 1990 Act”),<br> (b) an application for any consent, agreement or approval required by a condition imposed on a grant of planning permission required under that section,<br> (c) permission in principle for a specific development under section 58A of the 1990 Act, and<br> (d) the approval of a reserved matter within the meaning of section 92 of the 1990 Act.<br> (1C) Natural England may give advice in response to a request to which it is not required to respond as a result of subsection (1A).”<br> (b) in subsection (2), after “(1)” insert “or (1C)”.<br> (3) After section 4 insert—<br> <b>“4A</b> <b>Supplementary provision</b><br> (1) Natural England must prepare and publish a statement setting out how it intends to deal with requests for advice which it is not required to give as a result of section 4(1A).<br> (2) Natural England must review the statement before the end of—<br> (a) the period of five years beginning with the day on which it is first published, and<br> (b) each successive period of five years.<br> (3) Natural England may review the statement more than once during any of those periods.<br> (4) Natural England may revise the statement following a review.<br> (5) Natural England must publish any revised statement.<br> (6) Before publishing a statement (including a revised statement) under this section, Natural England must—<br> (a) consult the Secretary of State, and<br> (b) make any changes to the statement that the Secretary of State may require in response.<br> (7) But the duty in subsection (6) does not apply in relation to the publication of a revised statement which, in the opinion of Natural England, contains no substantial revisions.<br> (8) The Secretary of State may require a change as mentioned in subsection (6)(b) only if the Secretary of State considers that the change would promote Natural England’s general purpose.”<br> (4) The duties imposed by section 4A(6) of the Natural Environment and Rural Communities Act 2006, as inserted by subsection (3), may be satisfied by consultation carried out, and changes made, before this section comes into force.”

<p>This new clause would permit Natural England not to respond certain to requests for advice under section 4(1) of the Natural Environment and Rural Communities Act 2006, and require it to publish a statement about how it intends to deal with requests to which it would no longer be required to respond.</p>

After Clause 52, insert the following new Clause—<br> <b>“Relationship between overlapping permissions (No. 2)</b><br> Regulations made by the affirmative procedure may make provision in relation to the effect of implementing a planning permission on the lawfulness of development carried out pursuant to another planning permission which relates to some or all of the same land.”

<p>This amendment provides the Secretary of State with the power to make regulations which would leave the detailed drafting of a planning solution to secondary legislation.</p>

After Clause 52, insert the following new Clause—<br> <b>“Duties in relation to mitigation of, and adaptation to, climate change in relation to planning</b><br> (1) The Secretary of State must have special regard to the mitigation of, and adaptation to, climate change in preparing—<br> (a) national policy, planning policy or advice relating to the development or use of land,<br> (b) a national development management policy pursuant to section 38ZA of the Planning and Compulsory Purchase Act 2004.<br> (2) A planning authority when exercising a relevant function under the planning Acts shall have special regard to the need to mitigate and adapt to climate change.<br> (3) When making a planning decision relating to development arising from an application for planning permission, the making of a development order granting planning permission or an approval pursuant to a development order granting planning permission, a relevant planning authority (as defined in section 91 of the Levelling Up and Regeneration Act 2023) must have special regard to the mitigation of, and adaptation to, climate change.<br> (4) For the purposes of interpretation of this section <br> “the mitigation of climate change” includes the achievement of—<br> (a) the target for 2050 set out in section 1 of the Climate Change Act 2008,<br> (b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008, and<br> (c) sections 1 to 3 of the Environment Act 2021 (environmental targets)<br> (5) “adaptation to climate change” includes—<br> (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<br> (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.”

<p>This new Clause places a duty on the Secretary of State and relevant planning authorities respectively to have special regard to the mitigation of, and adaptation to, climate change with respect to national policy, local plan-making and planning decisions.</p>

Leave out Clause 53

Leave out Clause 54

Clause 55, page 92, line 9, after “site” insert “that is wholly in England”

<p>This amendment would prevent Natural England from including in an EDP network conservation measures where the affected site was not in England (or in English territorial waters or the English offshore region: see my amendment at page 92, line 31); in such a case, any conservation measures would have to benefit the affected site itself (but the conservation measures would have to be taken in England).</p>

Clause 55, page 92, line 31, after “section” insert “—<br> “England” includes—<br> (a) the waters adjacent to England up to the seaward limits of the territorial sea, and<br> (b) the English offshore region;<br> “English offshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322(1) of that Act);”

<p>See the explanatory statement for my amendment at page 92, line 9.</p>

Leave out Clause 55

Leave out Clause 56

Leave out Clause 57

Clause 58, page 94, line 25, at end insert—<br> “(ja) if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Wales, the Natural Resources Body for Wales and the Welsh Ministers,<br> (jb) if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Scotland, Scottish Natural Heritage and the Scottish Ministers,”

<p>This amendment would require Natural England to consult its counterpart in Wales or Scotland and either the Welsh or Scottish Ministers where a draft EDP covers development (in England) which is likely to have an impact on a protected site in Wales or Scotland or in the waters adjacent to those countries (see also my amendment at page 95, line 11).</p>

Clause 58, page 95, line 11, at end insert—<br> “(8) In this section, the references to Wales and Scotland include the waters adjacent to them up to the seaward limits of the territorial sea.”

<p>See the explanatory statement for my amendment at page 94, line 25.</p>

Leave out Clause 58

Leave out Clause 59

Leave out Clause 60

Leave out Clause 61

Leave out Clause 62

Leave out Clause 63

Leave out Clause 64

Leave out Clause 65

Leave out Clause 66

Leave out Clause 67

Leave out Clause 68

Leave out Clause 69

Leave out Clause 70

Leave out Clause 71

Leave out Clause 72

Leave out Clause 73

Leave out Clause 74

Leave out Clause 75

Leave out Clause 76

Leave out Clause 77

Leave out Clause 78

Leave out Clause 79

Leave out Clause 80

Leave out Clause 81

Leave out Clause 82

Leave out Clause 83

Leave out Clause 84

Leave out Clause 85

Leave out Clause 86

Leave out Clause 87

After Clause 87, insert the following new Clause—<br> <b>“Regulations: nutrients in water in England</b><br> (1) The Secretary of State may by regulations make provision about the operation of any relevant enactment in connection with the effect of nutrients in water that could affect a habitats site connected to a nutrient affected catchment area.<br> (2) The regulations may make any provision which the Secretary of State considers appropriate, including provision that—<br> (a) disapplies or modifies, in relation to a relevant enactment, any effect of nutrients in water;<br> (b) confers, removes or otherwise modifies a function (including a function involving the exercise of a discretion) under or by virtue of a relevant enactment;<br> (c) affects how such a function is exercised, including the extent to which (if any) the effect of nutrients in water is taken, or to be taken, into account;<br> (d) provides for an obligation under or by virtue of a relevant enactment to be treated as discharged (in circumstances where, but for the provision, the obligation may not have been discharged);<br> (e) amends, repeals, revokes or otherwise modifies any provision of a relevant enactment.<br> (3) A “relevant enactment” means—<br> (a) an enactment comprised in or made under an Act of Parliament, or<br> (b) retained direct EU legislation, so far as it relates to the environment, planning or development in England.<br> (4) The enactments referred to in subsection (3)(a) do not include—<br> (a) this section;<br> (b) Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).<br> (5) Neither regulation 9 nor 16A of the Conservation of Habitats and Species Regulations 2017 applies in relation to this section.<br> (6) In subsection (1) “habitats site” and “nutrient affected catchment area” have the meaning given in section 96J(2) of the Water Industry Act 1991; and a habitats site is connected to a nutrient affected catchment area if water released into the catchment area would drain into the site.<br> (7) In this section “nutrients” means nutrients of any kind.<br> (8) The power under subsection (1) may not be exercised after 31 March 2030.”

<p>This amendment confers a power on the Secretary of State to make regulations affecting the operation, in connection with the effect of nutrients in water, of enactments concerned with the environment, planning or development in England.</p>

Leave out Clause 88

Leave out Clause 89

Leave out Clause 90

Leave out Clause 91

Leave out Clause 92

After Clause 108, insert the following new Clause—<br> <b>“Secretary of State’s duty to promote health improvement and reduce health inequalities</b><br> When considering whether or how to exercise any of their functions under the planning Acts the Secretary of State must have regard to the need to—<br> (a) improve the health of persons living in England, and<br> (b) reduce health inequalities between persons living in England.”

<p>This amendment, connected with another in the name of Lord Crisp, would place a duty upon the Secretary of State to consider health promotion when they discharge their planning functions. The amendments use the same wording for the duty and definitions as are used in the English Devolution and Community Empowerment Bill (Clause 43, Health improvement and health inequalities duty).</p>

After Clause 108, insert the following new Clause—<br> <b>“Definitions: duty to promote health improvement and reduce health inequalities</b><br> (1) Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, England.<br> (2) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants.<br> (3) “General health determinants” are—<br> (a) standards of housing, transport services or public safety,<br> (b) employment prospects, earning capacity and any other matters that affect levels of prosperity,<br> (c) the degree of ease or difficulty with which persons have access to public services,<br> (d) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health, and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.<br> (4) In section (<i>Secretary of State’s duty to promote health improvement and reduce health inequalities</i>)(a), the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the Secretary of State’s function.<br> (5) In section (<i>Secretary of State’s duty to promote health improvement and reduce health inequalities</i>)(b), the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of the Secretary of State’s function.”

<p>This amendment, connected with another in the name of Lord Crisp, would place a duty upon the Secretary of State to consider health promotion when they discharge their planning functions. The amendments use the same wording for the duty and definitions as are used in the English Devolution and Community Empowerment Bill (Clause 43, Health improvement and health inequalities duty).</p>

After Clause 108, insert the following new Clause—<br> <b>“Compulsory purchase for planning and development: code of practice</b><br> (1) Within six months of the day on which this Act is passed, the Secretary of State must publish a code of practice to be followed by all bodies or individuals exercising powers of compulsory purchase for the purposes of planning and development.<br> (2) On publication of the code of practice, the Secretary of State must by regulations establish—<br> (a) an enforcement mechanism for the code of practice, including nominating a responsible body or individual for monitoring compliance,<br> (b) penalties for non-compliance with the code of practice, and<br> (c) a system for appealing against findings of non-compliance with the code of practice.<br> (3) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

<p>This is to ensure that all acquiring authorities, and their agents, are bound by the normal code of conveyancing practice exercised by a willing seller to a willing buyer.</p>

Clause 111, page 157, line 13, at end insert—<br> “(ca) section (<i>Wind generating stations that may affect seismic array systems</i>);”

<p>This amendment would provide for my new clause entitled “Wind generating stations that may affect seismic array systems” to extend to England and Wales and Scotland. However, it would have no application in Wales as there are no relevant seismic array systems situated there.</p>

Clause 111, page 157, line 15, leave out paragraph (e)

<p>This amendment would remove a stray reference to provisions that were left out in Committee.</p>

Clause 112, page 157, line 23, leave out paragraph (a) and insert—<br> “(a) sections 1 and 2 come into force on such day as the Secretary of State may by regulations appoint;<br> (aa) section (<i>Projects relating to water</i>) comes into force on the day on which this Act is passed;<br> (ab) sections 3 to 8 come into force on such day as the Secretary of State may by regulations appoint;”

<p>This amendment would provide that my new clause entitled “Projects relating to water” would come into force on the day the Bill receives Royal Assent.</p>

Clause 112, page 158, line 20, at end insert—<br> “(na) section (<i>Wind generating stations that may affect seismic array systems</i>) comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

<p>This amendment would provide for my new clause entitled “Wind generating stations that may affect seismic array systems” to come into force two months after Royal Assent.</p>

Clause 112, page 158, line 37, leave out paragraph (u) and insert—<br> “(u) sections 39 and 40 come into force at the end of the period of two months beginning with the day on which this Act is passed;<br> (ua) section 41 comes into force on such day as the Secretary of State may by regulations appoint;<br> (ub) sections 42 and 43 come into force at the end of the period of two months beginning with the day on which this Act is passed;”

<p>This amendment would provide for my proposed replacement for Clause 41 to come into force by regulations.</p>

Clause 112, page 159, line 25, at end insert—<br> “(ca) section (<i>Directions restricting refusal of planning permission in England</i>) comes into force on the day on which this Act is passed;”

<p>This amendment would provide that my new clause entitled “Directions restricting refusal of planning permission in England” would come into force on the day the Bill receives Royal Assent.</p>

Clause 112, page 159, line 25, at end insert—<br> “(ca) in section (<i>Directions giving deemed planning permission: special regard to heritage assets</i>)—<br> (i) subsection (1) comes into force at the end of the period of two months beginning with the day on which this Act is passed;<br> (ii) subsection (2) comes into force at the same time as section 102(1) of the Levelling-up and Regeneration Act 2023;”

<p>This amendment would provide for my new clause entitled “Directions giving deemed planning permission: special regard to heritage assets” to come into force two months after Royal Assent.</p>

Clause 112, page 159, line 25, at end insert—<br> “(ca) section (<i>Planning permission etc: extension of time in event of legal challenge</i>) comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

<p>This amendment would provide that my new clause entitled “Planning permission etc: extension of time in event of legal challenge” would come into force two months after Royal Assent.</p>

Clause 112, page 159, line 25, at end insert—<br> “(ca) section (<i>Provision of advice by Natural England to public authorities</i>) comes into force on such day as the Secretary of State may by regulations appoint;”

<p>This amendment would provide that my new clause entitled “Provision of advice by Natural England to public authorities” would come into force on such day as the Secretary of State may by regulations appoint.</p>

Clause 112, page 159, line 33, at end insert “, except that paragraph 14(2) of Schedule 6 comes into force at the same time as section 106 of the Levelling-up and Regeneration Act 2023.”

<p>This amendment is a technical amendment linked to my amendments to Part 1 of Schedule 6. It means that a reference to street vote development orders is only inserted into the Habitats Regulations when the provisions in the Levelling-up and Regeneration Act introducing SVDOs themselves come into force.</p>

Leave out Schedule 2

<p>This amendment is consequential on my amendment replacing Clause 41.</p>

Schedule 4, page 171, line 28, leave out “section 126 of the Marine and Coastal Access Act 2009” and insert “—<br> “(a) section 125 of the Marine and Coastal Access Act 2009 (general duties of public authorities in relation to MCZs) insofar as it applies to any function of a public authority of determining an application (whenever made) relating to the development, and<br> (b) section 126 of that Act”

<p>This amendment disapplies the general duties on public authorities in s.125 of the MCAA 2009 when exercising decision-making functions that may affect marine conservation zones. Those duties require authorities to further the conservation objectives of each MCZ, so an EDP containing network conservation measures may cause a public authority to breach the duties.</p>

Schedule 6, page 180, line 26, leave out paragraph (a) and insert—<br> “(a) after paragraph (2) insert—<br> “(2A) Where it appears to Natural England that a notice of a proposal under section 28E(1)(a) of the WCA 1981 relates to an operation which is or forms part of a plan or project situated wholly in England which—<br> (a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and<br> (b) is not directly connected with or necessary to the management of that site,<br> <span class="wrapped">it must make an appropriate assessment of the implications for that site in view of that site’s conservation objectives.</span><br> (2B) In the light of the conclusions of the assessment, Natural England may give consent for the operation only after having ascertained that the plan or project will not adversely affect the integrity of the site.”;”

<p>This is the first of a number of amendments to Schedule 6, the effect of which would be that the Habitats Regulations would give protection to Ramsar sites (wherever situated) where they are affected by any plans or projects in England (rather than protecting only Ramsar sites in England).</p>

Schedule 6, page 180, line 28, leave out “Ramsar sites in England” and insert “certain Ramsar sites”.

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 180, line 31, leave out paragraphs (a) and (b) and insert—<br> (a) in paragraph (1)—<br> (i) after “where” insert “—<br> (ii) at the end insert “, or<br> (b) a consent for an operation situated wholly in England has been given under section 28E(3)(a) of the WCA 1981 (or has effect as if given under that section) in relation to land included in a site of special scientific interest which, after the date of that consent, becomes land within a Ramsar site.”;<br> (b) in paragraph (3)—<br> (i) in sub-paragraph (a), after “24(1)” insert “or (2A)”;<br> (ii) in sub-paragraph (b), after “24(2)” insert “or (2B)”;<br> (c) in the heading, after “European sites” insert “or Ramsar sites”.”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 180, line 35, leave out from “63,” to end of line 36 and insert “for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”.”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 180, line 39, leave out paragraph (a) and insert—<br> “(a) after paragraph (1) insert—<br> “(1A) A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project situated wholly in England which—<br> (a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and<br> (b) is not directly connected with or necessary to the management of that site,<br> <span class="wrapped">must make an appropriate assessment of the implications of the plan or project for that site in view of that site's conservation objectives.”;”</span>

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 180, line 41, at end insert—<br> “(ba) in paragraph (9), for “paragraph (1)” substitute “paragraphs (1) and (1A)”;”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 180, line 42, leave out from “heading,” to end of line 43 and insert “for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”.”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 181, line 4, at end insert—<br> “(b) after “63(1)” insert “or (1A)”.”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 181, line 6, at end insert—<br> “(za) in paragraph (2), after “(1)” insert “or (1A)”;”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 181, line 13, after “project” insert “in England”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 181, line 14, leave out “in England”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 181, line 28, leave out paragraph 14 and insert—<br> “14 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">In regulation 75 (general development orders)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the existing text becomes paragraph (1);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">at the end insert—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">It is a condition of any planning permission granted by a general development order made by the Secretary of State on or after the day on which this paragraph comes into force that development which—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">is not directly connected with or necessary to the management of the site,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">must not be begun until the developer has received written notification of the approval of the local planning authority under regulation 77 (approval of local planning authority).”</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In regulation 75(2) (as inserted by sub-paragraph (1)), after “force” insert “or a street vote development order”.</span></span><br> 14A In regulation 76 (general development orders: opinion of appropriate nature conservation body), in paragraph (7), for “75(a)” substitute “75(1)(a) or (2)(a)”.”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 181, line 39, leave out paragraph (a) and insert—<br> “(a) after paragraph (2) insert—<br> “(2A) Where a simplified planning zone scheme for an area in England is adopted or approved, that scheme is not to be taken to grant planning permission for development which—<br> (a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and<br> (b) is not directly connected with or necessary to the management of the site,<br> <span class="wrapped">unless adopted or approved in accordance with the assessment provisions.”;”</span>

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 182, line 3, leave out paragraph (a) and insert—<br> “(a) after paragraph (2) insert—<br> “(2A) Where an order designating an enterprise zone is made for an area wholly in England, or where a modified enterprise zone scheme is approved for such an area, that order or scheme is not to be taken to grant planning permission for development which—<br> (a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and<br> (b) is not directly connected with or necessary to the management of the site,<br> <span class="wrapped">unless made or approved in accordance with the assessment provisions.”;</span><br> (aa) after paragraph (4) insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4A)</span><span class="sub-para-text">Paragraph (2A) does not apply to an order made or a scheme approved before the day on which this paragraph comes into force.””</span></span>

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 182, line 9, at end insert—<br> “22A In regulation 85A (assumptions to be made about nutrient pollution standards: general), in paragraph (6)(a), after “63(1)” insert “or (1A)”.”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 182, line 12, leave out from “works),” to end of line 13 and insert “at end insert—<br> “(4) Section 3(10) of that Act is not to be taken to deem planning permission to be granted for development wholly in England which—<br> (a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and<br> (b) is not directly connected with or necessary to the management of the site,<br> <span class="wrapped">whether or not the development authorised by the permission has been begun, unless the competent authority has agreed to the plan or project in accordance with the assessment provisions.””</span>

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 183, line 3, leave out paragraph (a) and insert—<br> “(a) after paragraph (1) insert—<br> “(1A) Where a land use plan relating to an area wholly in England—<br> (a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and<br> (b) is not directly connected with or necessary to the management of the site,<br> <span class="wrapped">the plan-making authority for that plan must, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.”;”</span>

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 183, line 6, leave out “after “European sites” insert “, Ramsar sites”” and insert “for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites””

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 183, line 14, at end insert—<br> “(za) in paragraph (2), after “(1)” insert “or (1A)”;<br> (zb) in paragraph (3), after “105(1)” insert “or (1A)”;”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 183, line 24, at end insert—<br> “37 In regulation 110A (assessments under this Chapter: required assumptions)—<br> (a) in paragraph (5)(a), after “105(1)” insert “or (1A)”;<br> (b) in paragraph (5)(b), after “105(1)” insert “or (1A)”.”

<p>See the explanatory statement to my amendment to page 180 line 26.</p>

Schedule 6, page 185, line 39, at end insert—<br> <i class="text-centre">“Marine and Coastal Access Act 2009</i><br> 41A <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The Marine and Coastal Access Act 2009 is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In section 125 (general duties of public authorities in relation to MCZs), after subsection (12) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(12A)</span><span class="sub-para-text">This section does not apply to the exercise by a public authority of functions under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In section 141 (exceptions to offences under section 139 or 140), in subsection (1), after paragraph (a) insert—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(aa)</span><span class="sub-para-text">was done by a public authority exercising functions under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery);”.”</span></span>

<p>This amendment disapplies the duties in s.125 of the MCAA 2009 where a public authority exercises functions under Part 3, such as drafting or approving an EDP. This is necessary to enable an EDP to include network conservation measures (see further the explanatory statement to my amendment to Schedule 4 (at page 171, line 28)). It also makes a consequential amendment to s.141.</p>

After Clause 108, insert the following new Clause—<br> <b>“Building regulations: bird safety of buildings</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed—<br> (a) introduce regulations under section 1 of the Building Act 1984 (power to make building regulations) to ensure that buildings incorporate, to the extent practicable, features, practices and strategies to reduce bird fatalities resulting from collisions with buildings, and<br> (b) issue guidance on such features, practices and strategies to reduce bird fatalities resulting from collisions with buildings.<br> (2) The regulations under subsection (1)(a) must apply to any building that is constructed, or of which more than 50 per cent of the façade is substantially altered, after the date of the regulations coming into force.<br> (3) The Secretary of State may issue exemptions to the regulations under subsection (1)(a) for listed buildings.<br> (4) The guidance under subsection (1)(b) must include—<br> (a) features for reducing bird fatality resulting from collisions with buildings throughout all stages of construction, taking into account the risks and available information on bird fatalities that occur at different types of buildings, and<br> (b) methods and strategies for reducing bird fatality resulting from collisions with buildings during the operation and maintenance of such buildings, including using certified bird-safe glass.<br> (5) The Secretary of State must review the guidance under subsection (1)(b) on a regular basis to ensure that it reflects current knowledge on effective methods to reduce bird fatalities.”

<p>This amendment seeks to introduce bird safety (in design and in the use of bird-safe glass) into building regulations for new builds and non-heritage buildings being extensively modified.</p>

After Clause 51, insert the following new Clause—<br> <b>“Applications for development consent: modelling and simulation</b><br> In section 42 of the Planning Act 2008 (duty to consult), after subsection (2) insert—<br> “(3) In conducting a consultation under subsection (1), the applicant must provide and publish a digital twin model and simulation of the proposed development.<br> (4) In this section, a “digital twin model and simulation” must—<br> (a) be constructed to a standard at least equivalent to Building Information Modelling Level 3 (BIM 3) as defined or recognised by the Secretary of State,<br> (b) include a virtual replica of all principal physical and environmental features of the development and its site,<br> (c) simulate anticipated impacts on land, water, air, biodiversity, transport infrastructure and the built environment, and<br> (d) describe the data sources, assumptions, validation methodology, and range of scenarios tested.<br> (5) The Secretary of State may by regulations—<br> (a) define technical standards for digital twin and simulation methodologies;<br> (b) determine what constitutes compliance with BIM 3.”.”

<p>This new clause requires that applicants for Development Consent Orders provide and publish a digital twin model, meeting at least Building Information Modelling Level 3 standards, as part of the consultation process.</p>

Clause 94, page 124, line 33, leave out “and” and insert “to”

<p>This amendment is connected to another amendment in Lord Lansley’s name to clause 94.</p>

Clause 94, page 125, line 6, at end insert—<br> “(2A) After section 1 (designation of areas), insert the following new Clause—<br> <b>“1A</b> <b>Procedure for orders under section 1</b><br> (1) If, as a result of any consultation with respect to a proposed order under section 1(1), it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State's proposals, the Secretary of State must undertake such further consultation with respect to the changes as the Secretary of State considers appropriate.<br> (2) If, after the conclusion of the consultation required by section 1 and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 1(1), the Secretary of State must lay before Parliament—<br> (a) a draft of the order, and<br> (b) an explanatory document explaining the proposals and giving details of—<br> (i) any consultation undertaken under section 1(1) and subsection (1),<br> (ii) any representations received as a result of the consultation, and<br> (iii) the changes (if any) made as a result of those representations.<br> (3) Section 18 of the Legislative and Regulatory Reform Act 2006 (super-affirmative parliamentary procedure) applies in relation to an explanatory document and draft order laid under subsection (2) but as if references to the Minister were references to the Secretary of State.”.”

<p>This amendment would require the super-affirmative procedure for any orders made under section 1 of the New Towns Act 1981.</p>

Clause 1, page 1, line 14, at end insert—<br> “(1A) When carrying out a review under subsection (1), the Secretary of State must assess the cumulative impact of nationally significant infrastructure projects on—<br> (a) the environment;<br> (b) residents living in areas in which such projects are being developed.”

After Clause 28, insert the following new Clause—<br> <b>“Prohibition of solar power development on higher-quality agricultural land</b><br> No permission may be granted for the building or installation of provision for solar power generation where the development would involve—<br> (a) the building on or development of agricultural land at grade 1, 2, or 3a, and<br> (b) building or installation at ground level.”

<p>This new clause would prohibit the development of solar power generation on higher-quality agricultural land.</p>

After Clause 28, insert the following new Clause—<br> <b>“Local Area Energy Plans: Government-led development</b><br> (1) The Secretary of State must, within 12 months of the day on which this Act is passed, complete a programme of detailed planning, research and consultation with relevant stakeholders, including local and combined authorities, the devolved administrations, Great British Energy, Ofgem, network and supply operators, energy companies, community representatives and expert bodies, for the purpose of developing a national framework for the preparation and use of Local Area Energy Plans (“LAEPs”).<br> (2) The programme must—<br> (a) evaluate the feasibility, costs, and benefits of requiring LAEPs across the United Kingdom,<br> (b) identify the data, modelling standards, and technical methodologies necessary for consistent and interoperable plans,<br> (c) consider how LAEPs could best support national and regional energy strategies, decarbonisation targets, and market reforms, and<br> (d) assess options for phased implementation and governance, including possible statutory duties on local authorities.<br> (3) In carrying out the programme, the Secretary of State must ensure that—<br> (a) extensive consultation takes place with all relevant stakeholders,<br> (b) pilot projects or regional pathfinder initiatives are undertaken where appropriate,<br> (c) the process draws on existing local and regional energy planning work, and<br> (d) due regard is had to the differing capacities, demographics, and infrastructure profiles of areas across the United Kingdom.<br> (4) The Secretary of State must, within 18 months of commencement of this section, publish a report setting out—<br> (a) the findings of the planning, research, and consultations;<br> (b) options for introducing a statutory requirement for LAEPs within one year of publication;<br> (c) proposals for funding, technical support, training, and capacity building initiatives to assist local authorities in preparing and implementing LAEPs;<br> (d) clear evaluation criteria and success metrics for the programme and any pilots carried out.<br> (5) The Secretary of State must ensure that adequate ring-fenced funding is made available for the programme, including resources for stakeholder engagement, data collection, pilot projects, technical analysis, and support, training, and capacity building for local authorities.<br> (6) The Secretary of State must—<br> (a) make a formal policy decision on whether to proceed with the introduction of LAEPs.<br> (b) lay before both Houses of Parliament a statement setting out that decision and the reasons for it—<br> (i) within two years of the commencement of this section, or<br> (ii) within six months of the publication of the report under subsection (4), whichever is the later; and<br> (c) following that decision, prepare and publish a report setting out—<br> (i) the implications of the decision for the development and implementation of LAEPs, and<br> (ii) any further steps the Government intends to take in relation to the national framework or local delivery.<br> (7) In developing the report and proposals under subsection (4), the Secretary of State must have regard to—<br> (a) comparability and interoperability of data across the United Kingdom,<br> (b) minimising administrative burdens on local authorities,<br> (c) ensuring value for money, and<br> (d) enabling efficient integration with regional and national strategic energy plans.”

<p>This amendment requires the Government to lead a national programme of planning, research, and consultation on Local Area Energy Plans, to be completed within 12 months of commencement. The Government must publish a report within 18 months of commencement, including findings, options for statutory duties, funding and support proposals for local authorities, and performance metrics. A formal decision on whether to impose statutory LAEP duties must be made and reported to Parliament within two years of commencement or within six months of the report’s publication, whichever is later. This ensures a comprehensive process with clear deadlines, strong engagement, and support aligned with the UK energy transition.</p>

Clause 51, page 69, line 22, at end insert—<br> “(3) In section 333 of the Town and Country Planning Act 1990 (regulations and orders), after subsection (3ZAA), insert—<br> “(3ZAB) The first regulations under sections 319ZZC or 319ZZD may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.<br> (3ZAC) Regulations made under sections 319ZZC or 319ZZD are subject to annulment in pursuance of a resolution of either House of Parliament (except for the first such regulations).””

<p>This amendment would require that when regulations for a national scheme of delegation of planning decisions are made for the first time, these should be made by an affirmative resolution procedure.</p>

After Clause 51, insert the following new Clause—<br> <b>“Removal of permitted development rights for conversion to dwellinghouses</b><br> (1) The Town and Country Planning (General Permitted Development) (England) Order 2015 (2015/596) is amended as follows—<br> (a) in Schedule 2, Part 3 (changes of use), the following Classes are repealed—<br> (i) Class G (commercial, business and service or betting office or pay day loan shop to mixed use);<br> (ii) Class L (small HMOs to dwellinghouses and vice versa);<br> (iii) Class M (certain uses to dwellinghouses);<br> (iv) Class MA (commercial, business and service uses to dwellinghouses);<br> (v) Class N (specified sui generis uses to dwellinghouses);<br> (vi) Class Q (buildings on agricultural units and former agricultural buildings to dwellinghouses).<br> (b) Schedule 2, Part 20 (construction of new dwellinghouses) is repealed.<br> (2) Any development under the revoked Classes in Part 3 and Part 20 of Schedule 2 that has—<br> (a) commenced before the date on which this Act comes into force, and<br> (b) received valid prior approval or notification from the local planning authority before that date, shall be allowed to proceed under the conditions applicable prior to the repeal.<br> (3) No new applications for prior approval under the revoked Classes may be submitted after the date on which this Act comes into force.”

<p>This amendment removes a range of permitted development rights that previously allowed certain non-residential buildings to be converted into homes without full planning permission. It repeals specific change-of-use and new dwellinghouse construction rights in the General Permitted Development Order 2015. Developments already approved or commenced before the repeal may continue under existing rules, but no new applications can be made once the changes take effect.</p>

After Clause 52, insert the following new Clause—<br> <b>“Flexibility in space standards for stepping stone accommodation</b><br> (1) A local planning authority in England may, when determining applications for planning permission disapply any minimum space standards required under the development plan (including the Nationally Described Space Standard), in respect of stepping stone accommodation that satisfies the conditions in subsection (2).<br> (2) Accommodation satisfies the conditions in this subsection if it—<br> (a) consists of self-contained units (no smaller than 24 sqm for new build homes) intended for single occupancy,<br> (b) is designed for persons of a particular age or within a particular range of ages who are leaving supported accommodation or at risk of homelessness,<br> (c) is offered for a time-limited tenancy not exceeding five years per occupant,<br> (d) is provided as part of an accredited independent living or transitional housing scheme, and<br> (e) is subject to an affordability condition that limits rent to not more than one third of income.<br> (3) For the purposes of subsection (2)(d), an “accredited independent living or transitional housing scheme” means a scheme—<br> (a) operated or commissioned by a local authority,<br> (b) delivered by a registered provider of social housing, or<br> (c) provided by a registered charity with the principal objective of addressing youth homelessness.<br> (4) For the purposes of subsection (2)(e), “one third of income” means—<br> (a) one third of the resident’s income,<br> (b) one third of the bottom 30th percentile of income in a local area, or<br> (c) one third of the national living wage for people aged over 21, whichever is lowest.<br> (5) In considering an application under this section, the local planning authority may have regard to—<br> (a) the design quality and safety of the proposed accommodation,<br> (b) the provision of amenity space, including communal or external areas,<br> (c) the temporary nature and specific intended use of the dwellings,<br> (d) the housing need for stepping stone accommodation in the authority’s area, and<br> (e) the inclusion of structured support services or mentoring provision.<br> (6) Where planning permission is granted under this section, the local planning authority must impose a planning condition to ensure—<br> (a) the accommodation is used exclusively for the purposes set out in subsection (2), and<br> (b) the accommodation shall not be converted to general purpose residential use without further express planning permission.<br> (7) In this section—<br> “Nationally Described Space Standard” means the technical housing standards issued by the Department for Communities and Local Government in March 2015 or any document replacing it;<br> “self-contained unit” means a unit of accommodation with exclusive access to its own bathroom, kitchen, and living area.”

<p>This amendment would allow planning authorities to approve high-quality “stepping stone” accommodation for young people leaving supported housing or at risk of homelessness — by disapplying space standards in limited, controlled circumstances — while aligning planning decisions, housing policy, and funding practice with recent reforms and enabling updates to the Nationally Described Space Standard to reflect support for flexible, transitional housing models.</p>

Leave out Clause 41

<p>This amendment aims to conserve the consent requirements relating to Listed Buildings, Conservation Areas, and Scheduled Monuments which would otherwise be disapplied for transport projects.</p>

After Clause 52, insert the following new Clause—<br> <b>“Commencement of provisions in Levelling-up and Regeneration Act 2023 relating to the duty of regard to certain heritage assets in the exercise of planning functions</b><br> The Secretary of State must, by regulations under section 255(3)(b) of the Levelling-up and Regeneration Act 2023, bring section 102 of the Levelling-up and Regeneration Act 2023 into force two months after the day on which this Act is passed.”

After Clause 52, insert the following new Clause—<br> <b>“Historic environment records</b><br> (1) In making any planning decision, the authority making the decision must take into account the contents of the historic environment record for the relevant area, from the day one year after the day on which section 230 of the Levelling-up and Regeneration Act 2023 (historic environment records) comes into force.<br> (2) The Secretary of State must, by regulations under section 255(9)(a) of the Levelling-up and Regeneration Act 2023, bring section 230 of the Levelling-up and Regeneration Act 2023 into force two months after the day on which this Act is passed.”

After Clause 52, insert the following new Clause—<br> <b>“Parliamentary procedure for listed building consent orders</b><br> (1) In section 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (regulations and orders), in subsection (5), after “section” insert “26C,”.<br> (2) In Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (heritage planning regulation), in paragraph 18, omit sub-paragraph (3).”

<p>This amendment provides for national Listed Building Consent Orders made under Section 26C of the Planning (Listed Buildings and Conservation Areas) Act 1990 to be subject to the negative resolution procedure.</p>

Before Clause 1, insert the following new Clause—<br> <b>“Purpose</b><br> The purpose of this Act is to—<br> (a) accelerate the delivery of new homes and critical infrastructure,<br> (b) improve the planning and consenting processes,<br> (c) support nature recovery through more effective development and restoration, and<br> (d) increase community acceptability of infrastructure and development.”

<p>This amendment sets out the purpose of the Act.</p>

Clause 4, page 8, line 22, leave out paragraph (a)

<p>This amendment removes the provisions in the bill which remove the requirements for pre-application requirements for development consent.</p>

Clause 4, page 8, line 26, leave out paragraph (e)

<p>This amendment removes the provisions in the bill which remove the requirements for pre-application requirements for development consent.</p>

After Clause 28, insert the following new Clause—<br> <b>“Duties of the Forestry Commission in relation to land use, climate and nature</b><br> In section 1 of the Forestry Act 1967 (The Forestry Commission), after subsection (3B) insert—<br> “(3C) In exercising their functions related to planning, development and infrastructure, the Commissioners must—<br> (a) take all reasonable steps to contribute to—<br> (i) the achievement of targets set under Part 1 of the Climate Change Act 2008,<br> (ii) the achievement of biodiversity targets set under sections 1 to 3 of the Environment Act 2021, and<br> (iii) adapting to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008;<br> (b) ensure that, in making arrangements for the use of land placed at their disposal by the Minister, an appropriate balance is struck between energy infrastructure and maintaining ecosystem services, such as timber production, biodiversity, access, and recreation; and<br> (c) in any such arrangements, avoid any direct or indirect adverse effects on—<br> (i) sites designated under the Conservation of Habitats and Species Regulations 2017 or the Wildlife and Countryside Act 1981, and<br> (ii) irreplaceable habitats such as ancient woodland.””

<p>This amendment would place a duty on the Forestry Commission to contribute to climate change mitigation, biodiversity targets and climate adaptation when exercising its functions, while also requiring it to balance energy infrastructure and maintaining ecosystem services, such as timber production, biodiversity, access, and recreation. It further preserves explicit protections against adverse impacts on designated nature conservation sites and irreplaceable habitats such as ancient woodland.</p>

Clause 41, page 54, line 22, at end insert— <br> “(1A) Any disapplication of heritage protections under this section must be exercised in a manner that—<br> (a) recognises the value of the United Kingdom’s archaeological and architectural heritage to the nation and to local communities;<br> (b) respects the principle that structures and sites are designated for protection only where they are of special or particular historic or cultural significance; and<br> (c) ensures that development under this Act gives due regard to the importance of conserving the historic environment alongside the need for future infrastructure.”

<p>This amendment imposes considerations for any disapplication of heritage protections.</p>

After Clause 41, insert the following new Clause—<br> <b>“Heritage assets</b><br> (1) The Transport and Works Act 1992 is amended as follows.<br> (2) After section 6(5) insert—<br> “(5A) Rules made under this section must incorporate requirements to reflect the provisions of sections 7 and 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990.””

<p>This amendment would require that when making Transport and Works Act Orders, the Secretary of State must have regard to the procedures in the Planning (Listed Buildings and Conservation Areas) Act 1990 in relation to works for demolition or affecting the character of listed buildings.</p>

Clause 48, page 61, line 20, at end insert “but may also include the cost of enforcement functions.”

<p>Clause 48 enables local planning authorities to set their own planning charges at a level up to, but not exceeding, cost recovery for planning applications for which a fee is payable. The Bill’s explanatory notes state that enforcement activity would not be covered. This amendment would allow the cost of enforcement measures, such as checking whether any specified flood mitigation or resilience measures have been installed adequately, to be included in the fees.</p>

After Clause 51, insert the following new Clause—<br> <b>“Town and Country Planning Act 1990: legal challenges</b><br> (1) In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (ca) (as inserted by section 12 of this Act) insert—<br> “(cb) from a refusal of permission to apply for judicial review in a case within section 61N, 106C, 287, 288, or 289 of the Town and Country Planning Act 1990 (proceedings relating to neighbourhood development orders, development consent obligations, questioning validity of development plans and certain schemes and orders, questioning the validity of other orders, decisions and directions, and appeals to High Court against certain notices), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”.<br> (2) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—<br> (a) provision requiring an application for permission to apply for judicial review in a case within section 61N, 106C, 287, 288, or 289 of the Town and Country Planning Act 1990 (proceedings relating to neighbourhood development orders, development consent obligations, questioning validity of development plans and certain schemes and orders, questioning the validity of other orders, decisions and directions, and appeals to High Court relating to certain notices) to be decided at an oral hearing;<br> (b) provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.”

<p>This new clause restricts appeals to the Court of Appeal if the High Court decides that an application for judicial review against a decision under the Town and Country Planning Act 1990 is totally without merit.</p>

After Clause 51, insert the following new Clause—<br> <b>“Planning (Listed Buildings and Conservation Areas) Act 1990: legal challenges</b><br> (1) In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (cb) (as inserted by section (<i>Town and Country Planning Act 1990: legal challenges</i>) of this Act) insert—<br> “(cc) from a refusal of permission to apply for judicial review in a case within section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (proceedings for questioning the validity of other orders, decisions and directions), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”.<br> (2) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—<br> (a) provision requiring an application for permission to apply for judicial review in a case within section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (proceedings for questioning the validity of other orders, decisions and directions) to be decided at an oral hearing;<br> (b) provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.”

<p>This new Clause restricts appeals to the Court of Appeal if the High Court decides that an application for judicial review against a decision under the Planning (Listed Buildings and Conservation Areas) Act 1990 is totally without merit.</p>

After Clause 51, insert the following new Clause—<br> <b>“Planning (Hazardous Substances) Act 1990: legal challenges</b><br> (1) In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (cc) (as inserted by section (<i>Planning (Listed Buildings and Conservation Areas) Act 1990: legal challenges</i>) of this Act) insert—<br> “(cd) from a refusal of permission to apply for judicial review in a case within section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”.<br> (2) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—<br> (a) provision requiring an application for permission to apply for judicial review in a case within section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications) to be decided at an oral hearing;<br> (b) provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.”

<p>This new Clause restricts appeals to the Court of Appeal if the High Court decides that an application for judicial review against a decision under the Planning (Hazardous Substances) Act 1990 is totally without merit.</p>

After Clause 51, insert the following new Clause—<br> <b>“Considerations when deciding an application for development consent</b><br> In section 55 of the Planning Act 2008 (acceptance of applications), after subsection (4) insert— <br> “(4A) When deciding whether to accept an application, the Secretary of State must have regard to the extent to which consultation with affected communities has—<br> (a) identified and resolved issues at the earliest opportunity,<br> (b) enabled interested parties to understand and influence the proposed project, provided feedback on potential options, and encouraged the community to help shape the proposal to maximise local benefits and minimise any disbenefits,<br> (c) enabled applicants to obtain relevant information about the economic, social, community and environmental effects of the project, and<br> (d) enabled appropriate mitigation measures to be identified, considered and, if appropriate, embedded into the proposed application before the application was submitted.””

<p>This amendment requires the Secretary of State to have regard for affected communities when deciding an application for development consent.</p>

After Clause 51, insert the following new Clause—<br> <b>“Residential buildings on floodplains</b><br> (1) Local planning authorities must not grant permission for residential properties to be built on functional floodplains or areas at high risk of flooding.<br> (2) An area is a functional floodplain or at high risk of flooding for the purposes of subsection (1) if the Environment Agency assesses it as a Zone 3a or 3b flood zone.”

<p>This amendment seeks to ensure that local authorities cannot grant planning permission for residential properties to be built on floodplains or on areas at high risk of flooding.</p>

After Clause 51, insert the following new Clause—<br> <b>“General duty of local authorities</b><br> In exercising or performing any—<br> (a) licensing functions within the meaning of section 4(1) of the Licensing Act 2003 (general duties of licensing authorities);<br> (b) planning functions within the meaning of Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions);<br> <span class="wrapped">concerning development (within the meaning of section 55 of the Town and Country Planning Act 1990 (meaning of “development” and “new development”)) which is or is likely to be affected by an existing business or facility, a relevant local authority must have special regard to the desirability of preventing unreasonable restrictions for that business or facility resulting from the implementation of the development.”</span>

Clause 52, page 73, line 12, at end insert—<br> “(za) an amount or distribution of development for employment, industrial, logistic or commercial purposes, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area;”

<p>This amendment would secure that a spatial development strategy must include a description of the amount or distribution of development for employment, industrial, logistics or commercial purposes, which are instrumental in determining the land use and requirements for housing in the strategy area.</p>

Clause 52, page 73, line 19, at end insert—<br> “(5A) Where a spatial development strategy makes a specification under subsection (5) it must include, for every part of the strategy area, requirements with respect to design that relate to affordable housing development or any other kind of housing development, which the strategic planning authority consider should be met.<br> (5B) Subsection (5A) does not require the strategic planning authority to ensure—<br> (a) that there are requirements for every description of development for every part of the strategy area, or<br> (b) that there are requirements in relation to every aspect of design.”

<p>This amendment seeks to give effect to the uncommenced design code provisions of the Levelling-up and Regeneration Act 2023 by requiring any spatial development strategy that specifies an amount or distribution of housing or affordable housing to include a design code for the specified housing development.</p>

Clause 52, page 73, line 22, at end insert— <br> “(6A) A spatial development strategy must—<br> (a) list any chalk streams identified in the strategy area;<br> (b) identify the measures to be taken to protect any identified chalk streams from pollution, abstraction, encroachment and other forms of environmental damage; and<br> (c) impose responsibilities on strategic planning authorities in relation to the protection and enhancement of chalk stream habitats.”

<p>This amendment would require a special development strategy to list chalk streams in the strategy area, outline measures to protect them from environmental harm, and impose responsibility on strategic planning authorities to protect and enhance chalk stream environments.</p>

Clause 52, page 89, line 13, at end insert—<br> <i class="text-centre">“Neighbourhood priorities statements</i><br> <b>12Y</b> <b>Neighbourhood priorities statements</b><br> (1) Any qualifying body may make a statement, to be known as a “neighbourhood priorities statement”, which summarises what the body considers to be the principal needs and prevailing views, of the community in the neighbourhood area in relation to which the body is authorised, in respect of local development and infrastructure.<br> (2) “Local matters” are such matters as the Secretary of State may prescribe, relating to—<br> (a) development, or the management or use of land, in or affecting the neighbourhood area,<br> (b) the development of housing in the neighbourhood area,<br> (c) the natural environment in the neighbourhood area,<br> (d) development of public spaces in the neighbourhood area, or<br> (e) the infrastructure or facilities available in the neighbourhood area.<br> (3) A qualifying body may modify or revoke a neighbourhood priorities statement that has effect, for the time being, for the neighbourhood area in relation to which the body is authorised.<br> (4) A neighbourhood priorities statement has effect from the time it is published by a relevant local planning authority and ceases to have effect upon such an authority publishing a notice stating that it has been revoked by a qualifying body.<br> (5) A modification of a neighbourhood priorities statement has effect from the time the modification, or modified statement, is published by a relevant local planning authority.<br> (6) Regulations made by the Secretary of State may impose requirements which must be met for a neighbourhood priorities statement, or any modification or revocation of such a statement, to be made or published.<br> (7) Regulations under subsection (6) or section 15LE(2)(k) may provide that a requirement may be met, or (as the case may be) procedure may be complied with, by virtue of things done by a parish council, or other organisation or body, before it becomes a qualifying body.<br> (8) Regulations under subsection (6) and section 15LE must (between them)—<br> (a) require a qualifying body to publish any proposed neighbourhood priorities statement, so that people who live, work or carry on business in the neighbourhood area to which the statement relates can comment on the proposed statement before the body makes the statement,<br> (b) require a qualifying body to publish any proposed material modification of a neighbourhood priorities statement, so that people who live, work or carry on business in the neighbourhood area to which the statement relates can comment on the proposed modification before the body makes the modification,<br> (c) require a relevant local planning authority to publish a neighbourhood priorities statement, if the statement is made in accordance with this section and any regulations made under this Part,<br> (d) require a relevant local planning authority to publish a notice of the revocation of a neighbourhood priorities statement, if the statement has been revoked in accordance with this section and any regulations made under this Part, and<br> (e) require a relevant local planning authority, if a modification of a neighbourhood priorities statement is made in accordance with this section and any regulations made under this Part, to publish the modification or a modified statement.<br> (9) Subsection (10) applies if, as a result of a modification of a neighbourhood area under section 61G(6) of the principal Act, a neighbourhood priorities statement relates to more than one neighbourhood area.<br> (10) Any modification, or revocation, of the neighbourhood priorities statement as it has effect for one of those areas does not affect the statement as it has effect in relation to the other area or areas.<br> (11) Regulations under section 61G(11) of the principal Act (designation of areas as neighbourhood areas) may include provision about the consequences of the modification of designations—<br> (a) on proposals for neighbourhood priorities statements, or on neighbourhood priorities statements, that have already been made, or<br> (b) on proposals for the modification of neighbourhood priorities statements, or on modifications of neighbourhood priorities statements, that have already been made.<br> (12) A authority mentioned in subsection (13) is a “relevant local planning authority”, in relation to a neighbourhood priorities statement, if some or all of the neighbourhood area to which the statement relates falls within the area of the authority.<br> (13) The authorities are—<br> (a) a district council,<br> (b) a London borough council,<br> (c) a metropolitan district council,<br> (d) a county council in relation to an area in England for which there is no district council, or<br> (e) the Broads Authority.<br> (14) In this section—<br> “material modification” , in relation to a neighbourhood priorities statement, means a modification which a relevant local planning authority considers—<br> (a) materially affects a summary, in the statement, of any needs or views, of the community in the neighbourhood area, in relation to a local matter, and<br> (b) does not only correct an obvious error or omission;<br> “neighbourhood area” has the meaning given by sections 61G and 61I(1) of the principal Act;<br> “qualifying body” means a parish council or an organisation or body designated as a neighbourhood forum, which is authorised to act in relation to a neighbourhood area as a result of section 61F of the principal Act (whether or not as applied by section 38C of this Act).”

<p>This amendment reproduces some of the provision in Schedule 7 of the Levelling-up and Regeneration Act 2023 , not currently in force, creating a power for local councils to produce a neighbourhood priorities statement to inform plan-making and infrastructure provision affecting their neighbourhood.</p>

After Clause 52, insert the following new Clause—<br> <b>“Definition of “relevant plan” in the Levelling-up and Regeneration Act 2023</b><br> In section 100 of the Levelling-up and Regeneration Act 2023, after subsection (5)(d), insert—<br> “(e) spatial development strategies under the Planning and Infrastructure Act 2025, and<br> (f) neighbourhood development plans strategies under the Planning and Infrastructure Act 2025.”.”

<p>This amendment would add spatial development strategies (as in clause 52) and Neighbourhood Plans to be added to the list of relevant plans in section 100 of LURA, which gives a power to require assistance with plan-making from other public bodies; in conjunction with another amendment in Lord Lansley’s name to commence section 100.</p>

After Clause 52, insert the following new Clause—<br> <b>“Commencement of sections 98 and 100 of the Levelling-up and Regeneration Act 2023</b><br> The Secretary of State must, by regulations under section 255(3)(b) of the Levelling-up and Regeneration Act 2023, bring sections 98 and 100 of the Levelling-up and Regeneration Act 2023 into force on the day on which this Act is passed.”

<p>This amendment would require the Secretary of State to bring into force the provisions in the Levelling-up and Regeneration Act 2023 on the contents of a neighbourhood development plan (section 98) and the power to require assistance with plan-making (section 100).</p>

After Clause 54, insert the following new Clause—<br> <b>“Neighbourhood plans</b><br> The Secretary of State may only—<br> (a) grant a development consent order where the Secretary of State believes that the application for consent gives due consideration to any relevant neighbourhood plan;<br> (b) permit a variation to a neighbourhood plan which, in the opinion of the Secretary of State—<br> (i) is clearly justifiable,<br> (ii) is unlikely to compromise the overall intention of the neighbourhood plan, and<br> (iii) has been proposed in a clear and timely manner.”

<p>This amendment requires the Secretary of State to have regard for a relevant neighbourhood plan when granting a development consent order.</p>

Clause 55, page 91, line 30, leave out “one or more” and insert “the”

<p>Line 33 would secure that each of the environmental features which are likely to be negatively affected by a development are identified in the EDP and the ways in which that effect is caused is also identified.</p>

Clause 55, page 91, line 35, at end insert “unless they are environmental impacts expected to result directly from the development to which the EDP relates.”

<p>This amendment would require that an EDP must identify the environmental impacts on an environmental feature if they result directly from the development to which the EDP relates.</p>

Clause 67, page 103, line 8, at end insert—<br> “(3) Nature restoration levy regulations may make provision for those potentially liable to pay the levy to be consulted by Natural England in relation to the charging schedule for a prospective EDP and for the development of the EDP to which it relates to be the subject of a prospective viability assessment.”

<p>This amendment would provide for those potentially liable to pay a levy in relation to an EDP to be consulted by Natural England about the charging schedule for the levy and for a provisional assessment of the effect on the viability of development to be undertaken.</p>

Clause 86, page 117, line 18, at end insert—<br> “(5) For the purposes of this section a “designated person” must be a public body.”

<p>This amendment clarifies that the powers given to Natural England under Part 3 can only be delegated to a public body.</p>

After Clause 87, insert the following new Clause—<br> <b>“Duty to inform Natural England about development plans</b><br> When making a development plan, a local planning authority must inform Natural England of potential sites for development in relation to whether an EDP may be required.”

<p>This amendment would require plan-making authorities to tell Natural England when it allocates potential sites for development where an EDP would be needed.</p>

After Clause 95, insert the following new Clause—<br> <b>“Provision of green and blue spaces</b><br> In section 4(1) of the New Towns Act 1981 (objects and general power of development corporations), at end insert <br> “and to provide green and blue spaces which are publicly accessible to local communities”<br> .”

<p>This would require development corporations to provide green and blue spaces when securing the layout and development of new towns.</p>

After Clause 106, insert the following new Clause—<br> <b>“Land purchasing: duty to declare other approaches to purchase or lease land</b><br> (1) Any developer or company approaching a landowner to buy or lease land for the purpose of development must declare whether they are also approaching other owners of land in the vicinity to buy or lease land for the purpose of development.<br> (2) The declaration required under subsection (1) must include whether the combined amount of land intended to be purchased or leased will be submitted for application as a nationally significant infrastructure project as set out in Part 3 of the Planning Act 2008.<br> (3) In subsection (1), “in the vicinity” means any land immediately adjoining or within ten miles of the land intended to be leased or purchased.”

<p>This amendment seeks to ensure that any landowner being approached is aware of whether it is just their land that is the subject of purchase/leasing or whether there are others being approached so that the total sum of the land obtained may result in application for designation as a nationally significant infrastructure project.</p>

After Clause 106, insert the following new Clause—<br> <b>“Land banking: prevention</b><br> (1) Any developer or company seeking to buy or lease land from a landowner for the purpose of development must declare to the landowner whether they already hold planning permission for similar developments within ten miles of the land being purchased or leased.<br> (2) If any such land declared under subsection (1) has been held for over one year without development commencing, any planning permission for the land to be purchased or leased under subsection (1) may not be approved.”

<p>This amendment seeks to prevent “land banking” – the practice of purchasing undeveloped land and holding it for future development or resale, rather than immediately building on it.</p>

After Schedule 6, insert the following new Schedule—<br> “Schedule <br> <span class="schedule-heading">MAYORAL DEVELOPMENT CORPORATIONS FOR PLANNING AND DEVELOPMENT PURPOSES: AMENDMENT OF THE LOCALISM ACT 2011</span><br> <i class="text-centre">Introduction</i><br> 1 The Localism Act 2011 is amended in accordance with this Schedule.<br> <i class="text-centre">Part 8</i><br> 2 In the heading of Part 8, after “London” insert “and areas of other mayoral strategic authorities”.<br> <i class="text-centre">Interpretation</i><br> 3 In section 196—<br> (a) before the definition of “the Mayor” insert—<br> ““CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;<br> “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;<br> “constituent council” means—<br> (a) in relation to a combined authority—<br> (i) a county council the whole or any part of whose area is within the area of the authority, or<br> (ii) a district council whose area is within the area of the authority;<br> (b) in relation to a CCA—<br> (i) a county council for an area within the area of the authority, or<br> (ii) a unitary district council for an area within the area of the authority;<br> <span class="wrapped">and here “unitary district council” means the council for a district for which there is no county council;”;</span><br> (b) for the definition of “the Mayor” substitute—<br> ““the Mayor” means—<br> (a) the Mayor of London,<br> (b) the mayor for the area of a combined authority, or<br> (c) the mayor for the area of a CCA;”;<br> (c) after the definition of “MDC” insert—<br> ““strategic authority area” means—<br> (a) in relation to the Mayor of London or a mayoral development area designated by that Mayor, Greater London;<br> (b) in relation to the mayor for the area of a combined authority or a mayoral development area designated by the mayor for such an area, the area of the combined authority, or<br> (c) in relation to the mayor for the area of a CCA or a mayoral development area designated by the mayor for such an area, the area of the CCA;”.<br> <i class="text-centre">Designation of Mayoral development areas</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 197 is amended in accordance with this paragraph.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In subsection (1), for “Greater London” substitute “a strategic authority area”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In subsection (3), in the words before paragraph (a), for “the Mayor” substitute “the Mayor of London”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">After subsection (5) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5A)</span><span class="sub-para-text">The mayor for the area of a combined authority or CCA may designate a Mayoral development area only if—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the Mayor considers that designation of the area is expedient for furthering economic development and regeneration in the strategic authority area,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the Mayor has consulted the persons specified by subsection (5B) and, if applicable, subsection (5C),</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the Mayor has had regard to any comments made in response by the consultees,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in the event that those comments include comments made by a constituent council or a district council consulted under subsection (5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">the Mayor has laid before the combined authority or CCA, in accordance with its standing orders, a document stating that the Mayor is proposing to designate the area, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(f)</span><span class="sub-para-text">the combined authority or CCA approves the proposal.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5B)</span><span class="sub-para-text">The persons who have to be consulted before an area may be designated are—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the constituent councils,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">each Member of Parliament whose parliamentary constituency contains any part of the area, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">any other person whom the Mayor considers it appropriate to consult.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5C)</span><span class="sub-para-text">In the case of a combined county authority, any district council whose local authority area contains any part of the area also has to be consulted before the area may be designated.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5D)</span><span class="sub-para-text">For the purposes of subsection (5A)(f) the combined authority or CCA approves a proposal if it resolves to do so on a motion considered at a meeting of the combined authority or CCA throughout which members of the public are entitled to be present.”.</span></span><br> <i class="text-centre">Exclusion of land from Mayoral development areas</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 199 is amended in accordance with this paragraph.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In subsection (2), for “the Mayor” substitute “the Mayor of London”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">After subsection (2) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2A)</span><span class="sub-para-text">Before making an alteration, the mayor for the area of a combined authority or CCA must consult—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the constituent councils, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">any other person whom the Mayor considers it appropriate to consult.”.</span></span><br> <i class="text-centre">Transfers of property etc to a Mayoral development corporation</i><br> 6 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 200 is amended in accordance with this paragraph.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In subsection (1), for “a person within subsection (3)” substitute “an eligible transferor”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">After subsection (1) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(1A)</span><span class="sub-para-text">In the case of an MDC for an area in Greater London, “eligible transferor” means—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">a London borough council,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the Common Council of the City of London in its capacity as a local authority,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">any company whose members—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">include the Mayor of London and a Minister of the Crown, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">do not include anyone who is neither the Mayor or London nor a Minister of the Crown, or</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">a person within subsection (3).</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(1B)</span><span class="sub-para-text">In the case of an MDC for an area in the area of a combined authority, “eligible transferor” means a person within subsection (3).</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(1C)</span><span class="sub-para-text">In the case of an MDC for an area in the area of a CCA, “eligible transferor” means—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">any district council whose local authority area is within the area of the CCA, or</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">a person within subsection (3).”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">In subsection (3)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">omit paragraphs (a) and (b);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in paragraphs (d) and (e), for “Greater London” substitute “the strategic authority area”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">omit paragraph (k).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In subsection (4), for “liabilities of—” substitute “liabilities of an eligible transferee.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4A)</span><span class="sub-para-text">In the case of an MDC for an area in Greater London, “eligible transferee” means—”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">Before subsection (5) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4A)</span><span class="sub-para-text">20 In the case of an MDC for an area in the area of a combined authority or CCA, “eligible transferee” means—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the combined authority or CCA, o</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">a company that is a subsidiary of the combined authority or CCA.”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7)</span><span class="sub-para-text">In subsection (9), after “(4)(c)” insert “or (4A)(b)”.</span></span><br> <i class="text-centre">Functions in relation to Town and Country Planning</i><br> 7 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 202 is amended in accordance with this paragraph.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In subsection (7), for “the Mayor” substitute “the Mayor of London”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">After subsection (7) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(7A)</span><span class="sub-para-text">The mayor for the area of a combined authority or CCA may make a decision under any of subsections (2) to (6) only if—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the Mayor has consulted the persons specified by section 197(5B) and, if applicable, section 197(5C), in relation to the area,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the Mayor has had regard to any comments made in response by the consultees, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in the event that those comments include comments made by the constituent council or a district council specified by section 197(5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.”.</span></span><br> <i class="text-centre">Arrangements for discharge of, or assistance with, planning functions</i><br> 8 In section 203, in subsections (1) and (4), after “City of London” insert “, or a county council or district council”.<br> <i class="text-centre">Acquisition of land</i><br> 9 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 207 is amended in accordance with this paragraph.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In subsection (2), for “Greater London” substitute “the strategic authority area”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">For subsection (3) substitute—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Before submitting a compulsory purchase order authorising an acquisition under subsection (2) to the Secretary of State for confirmation—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">15 an MDC for an area in Greater London must obtain the consent of the Mayor of London;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">an MDC for an area in the area of a combined authority or CCA must obtain the consent of the mayor for that area.”.”</span></span>

Clause 5, page 10, line 24, at end insert—<br> “(3) Applicants must have regard to any guidance issued by the Secretary of State to assist them in complying with section 50.”

<p>This amendment requires applicants for NSIPs to have regard to the Secretary of State’s guidance in assisting them to comply with section 50.</p>

Clause 5, page 10, line 24, at end insert—<br> “(7A) In issuing guidance under this section the Secretary of State must have regard to the need to ensure pre-application consultation is meaningful, including, but not limited to, adherence to the following principles—<br> (a) pre-application consultation should be open and transparent with information and evidence provided in a timely and straightforward fashion to provide affected or interested parties with objective and relevant information to enable them to make an informed response;<br> (b) applicants should demonstrate a responsive approach to queries and challenges raised;<br> (c) applicants should ensure consultation and engagement activities are inclusive and enable affected or interested parties to have a reasonable opportunity to participate;<br> (d) applicants’ interpretation and representation of results should be fair and objective;<br> (e) all pre-application consultation should be undertaken through meaningful engagement with communities and stakeholders, offering genuine opportunities to influence proposals;<br> (f) pre-application engagement should be proportionate, with applicants providing the right level of information to enable positive outcomes to be delivered.”

<p>This amendment provides principles which the Secretary of State’s guidance required by new section 50(2) of the Planning Act 2008 must have regard to, to ensure that pre-application consultation is meaningful.</p>

[<i>Withdrawn</i>]<br>After Clause 17, insert the following new Clause—<br> <b>“Extension of permitted development</b><br> The Secretary of State must, within 12 months of the day on which this Act is passed—<br> (a) make provision for the following to be included as permitted development—<br> (i) upgrading of existing electricity lines from single to three phase;<br> (ii) alteration of conductor type;<br> (iii) increase in the height of distribution network supports to maintain minimum ground clearances under the Electricity Safety, Quality and Continuity Regulations 2002;<br> (iv) increase in the distance of supporting structures by up to 60m from their existing position when replacing an existing overhead line;<br> (v) in relation to new connections from an existing line, an increase in nominal voltage to a maximum of 33kV and related increase in pole heights;<br> (vi) upgrading of existing lines from 6.6kV to 11kV;<br> (vii) installation of additional stays supporting wooden poles;<br> (viii) upgrading of existing apparatus, including the increase of capacity of pole mounted transformers, subject to the provisions of section 37(1) of the Electricity Act 1989 (consent required for overhead lines) and the Electricity Safety, Quality and Continuity Regulations 2002 (S.I. 2002/2665);<br> (ix) temporary placement of a line for a period of up to two years;<br> (b) consult on the introduction of further measures for the purposes of enabling electricity distribution network upgrades and reinforcements to be delivered as permitted development.”

<p>This new clause would expand permitted development rights for upgrades to the transmission network.</p>

[<i>Withdrawn</i>]<br>After Clause 17, insert the following new Clause—<br> <b>“Electricity distribution networks: land and access rights</b><br> (1) The Secretary of State must, within 12 months of the passing of this Act, consult on and implement measures to give electricity distribution network operators powers in relation, but not limited, to—<br> (a) the acquisition of rights over land for new and existing overhead lines and underground cables;<br> (b) the acquisition of land for new substations or the extension of existing substations;<br> (c) the entering into of land for the purposes of maintaining existing equipment;<br> (d) the entering into of land for the purposes of managing vegetation growth which is interfering with the safety or operation of overhead equipment.<br> (2) Any powers granted must be compatible with the need to complete works related to development in a timely, inexpensive and uncomplicated manner, and may include the provision of compensation to relevant landowners.”

<p>This new clause would require the Secretary of State to consult on giving electricity distribution network operators powers in relation to the acquisition of and access to land.</p>

[<i>Withdrawn</i>]<br>After Clause 28, insert the following new Clause—<br> <b>“Local Area Energy Plans</b><br> (1) All local authorities and combined authorities must create a Local Area Energy Plan in order to inform their decisions about local electricity infrastructure requirements.<br> (2) For the purposes of this section, a “Local Area Energy Plan” means an outline of how the relevant authority proposes to transition its area’s energy system to achieve net zero greenhouse gas emissions.”

<p>This new Clause would require all local and combined authorities to develop Local Area Energy Plans which set out how they will meet their Net Zero goals.</p>

[<i>Withdrawn</i>]<br>Clause 28, page 40, line 8, at end insert—<br> “(5A) The forestry authority may not use or make arrangements under subsection (1) for land placed at the disposal of the forestry authority by the Minister—<br> (a) that would amount to more than 2% of the total land area placed at the disposal of the authority;<br> (b) that would amount to more than 5% of an individual site;<br> (c) that would directly or indirectly have adverse effects on a site designated under the Conservation of Habitats and Species Regulations 2017 or the Wildlife and Countryside Act 1981;<br> (d) that would directly or indirectly have adverse effects on an irreplaceable habitat such as an ancient woodland.”

After Clause 28, insert the following new Clause—<br> <b>“Prohibition on the application of the nationally significant infrastructure projects regime to large-scale solar developments on the best and most versatile land</b><br> (1) Section 14 of the Planning Act 2008 (nationally significant infrastructure projects: general) is amended as follows.<br> (2) After subsection (1) insert—<br> “(1A) Large-scale solar developments must not be considered nationally significant infrastructure projects where they are built or developed on agricultural land at grade 1, 2, or 3a.”.<br> (3) After subsection (3) insert—<br> “(3ZA) The Secretary of State may not use orders under subsection (3)(a) to extend the application of subsection (1) to large-scale solar developments.”.”

<p>This amendment seeks to ensure that planning decisions remain in the hands of local councils for large-scale solar developments on the best and most versatile land through prohibiting such developments from falling under the nationally significant infrastructure projects provisions in the Planning Act 2008.</p>

Clause 47, page 59, line 18, at end insert—<br> “(5A) After subsection (5), insert—<br> “(6) References in this Part to public charge points are to be taken as including cross-pavement charging solutions.””

After Clause 47, insert the following new Clause—<br> <b>“Permitted development and charging points</b><br> (1) Part 2 of Schedule 2 to The Town and Country Planning (General Permitted Development) (England) Order 2015 is amended as follows.<br> (2) In paragraph D, after “parking”, insert “or adjacent to a public highway lawfully used for on-street parking where a local highway authority approved cross-pavement charging solution is installed,”.<br> (3) In paragraph D.1, for sub-paragraph (a) substitute “overhang the footway by more than 150mm perpendicular to the property boundary including the cable plug when it is plugged in;”.<br> (4) After paragraph E.3 insert—<br> <b>“Class EA - Ancillary equipment for electrical upstands for recharging electric vehicles</b><br> <i class="text-centre">Permitted development</i><br> EA The installation, alteration or replacement, within an area lawfully used for off-street parking, of equipment or storage facilities to support the operation of electrical outlets for recharging electric vehicles.<br> <i class="text-centre">Development not permitted</i><br> EA.1 Development is not permitted by Class E if the equipment and storage facilities upstand and the outlet would—<br> (a) not be located in a non-domestic off-street ground level car park,<br> (b) result in the installation of more than unit being provided for the car park,<br> (c) exceed 29 cubic metres,<br> (d) exceed 3 metres in height,<br> (e) be within 5 metres of the highway, or<br> (f) be within 10 metres of the curtilage of a dwelling house or block of flats.<br> <i class="text-centre">Conditions</i><br> EA.2. Development is permitted by Class E subject to the conditions that when the development is no longer needed as equipment or storage to support the operation of charging points for electric vehicles—<br> (a) the development is removed as soon as reasonably practicable, and<br> (b) the land on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out.””

Clause 48, page 61, line 6, at end insert—<br> “(ba) the requirement for proportionality in the level of the fee or charge, based on the nature and size of the development to which the fee or charge will apply;”

<p>This amendment would require that any fee or charge set out in regulations is proportionate to the nature and size of the development it applies to.</p>

After Clause 51, insert the following new Clause—<br> <b>“Delivery of affordable housing</b><br> (1) The Secretary of State must by regulations make provision for ensuring that when planning permission is granted subject to requirements for the delivery of affordable housing schemes on the relevant site, such requirements are fully implemented.<br> (2) The requirements for the delivery of affordable housing schemes referred to in subsection (1) shall be satisfied only if the percentage of the total housing constructed let as social rent housing exceeds the percentage set out in the authority’s affordable housing threshold or twenty per cent, whichever is higher.<br> (3) In subsection (2) “social rent housing” has the meaning given in paragraph 7 of the Direction on the Rent Standard 2019 together with paragraph 4 of the Direction on the Rent Standard 2023, as modified by paragraph 8 of the Direction on the Rent Standard 2023.”

<p>The amendment is intended to ensure affordable housing is actually delivered where this is the subject of planning consent, and the proportion of social rent housing is at least 20 per cent.</p>

After Clause 51, insert the following new Clause—<br> <b>“Use of hotels as accommodation for asylum seekers: requirement for planning permission</b><br> (1) Section 55 of the Town and Country Planning Act 1990 (meaning of “development” and “new development”) is amended as follows.<br> (2) After subsection (1), insert—<br> “(1ZA) For the purposes of this section, “the making of any material change in the use of any buildings or other land” includes—<br> (a) the repurposing of a hotel as accommodation for asylum seekers, and<br> (b) where a hotel has already been repurposed as accommodation for asylum seekers, the continuation of its use as such accommodation beyond the date on which the Planning and Infrastructure Act 2025 comes into force.”<br> (3) At the end of subsection (2)(f), insert “unless the building is a hotel proposed for use as accommodation for asylum seekers”.<br> (4) After section 106C of that Act insert—<br> <b>“106D</b> <b>Use of hotels as accommodation for asylum seekers</b><br> Any existing or future development order under Part 3 of this Act does not have the effect of granting planning permission for the use of a hotel as accommodation for asylum seekers.””

<p>This amendment aims to ensure that an application for planning permission is required in all cases of repurposing of a hotel as accommodation for asylum seekers, together with the associated requirement for consultation of affected local communities.</p>

After Clause 51, insert the following new Clause—<br> <b>“Use of houses in multiple occupation as accommodation for asylum seekers: requirement for planning permission</b><br> (1) Section 55 of the Town and Country Planning Act 1990 (meaning of “development” and “new development”) is amended as follows.<br> (2) After subsection (1), insert—<br> “(1ZA) For the purposes of this section, “the making of any material change in the use of any buildings or other land” includes—<br> (a) the repurposing of a house in multiple occupation as accommodation for asylum seekers, and<br> (b) where a house in multiple occupation has already been repurposed as accommodation for asylum seekers, the continuation of its use as such accommodation beyond the date on which the Planning and Infrastructure Act 2025 comes into force.”<br> (3) At the end of subsection (2)(f), insert “unless the building is proposed for use as a house in multiple occupation as accommodation for asylum seekers”.<br> (4) After section 106C of that Act insert—<br> <b>“106D</b> <b>Use of houses in multiple occupation as accommodation for asylum seekers</b><br> Any existing or future development order under Part 3 of this Act does not have the effect of granting planning permission for the use of a house in multiple occupation as accommodation for asylum seekers.””

<p>This amendment aims to ensure that an application for planning permission is required in all cases of repurposing a house in multiple occupation as accommodation for asylum seekers, together with the associated requirement for consultation of affected local communities.</p>

After Clause 51, insert the following new Clause—<br> <b>“Stop notices: disapplication of time limit in asylum hotel and asylum HMO cases</b><br> In section 183 of the Town and Country Planning Act 1990 (stop notices), after subsection (5A) insert—<br> “(5B) Subsection (5) does not prevent a stop notice prohibiting the use of—<br> (a) a hotel as accommodation for asylum seekers, or<br> (b) a house in multiple occupation as accommodation for asylum seekers.””

<p>This amendment removes the four year time limit for stop notices under section 183 of the Town and Country Planning Act 1990 for cases involving the use of hotels or houses in multiple occupation by asylum seekers.</p>

After Clause 51, insert the following new Clause—<br> <b>“Planning decisions: determination by committee</b><br> When objections to a planning application are submitted to a local planning authority and its chair of the planning committee and the head of planning (or those in equivalent roles) confirm that the objections are on valid grounds, they may allow that planning application to be determined by committee.”

<p>This amendment aims to enable local democracy in the determination of planning applications provided they are on valid planning ground.</p>

Clause 52, page 73, line 11, at end insert—<br> “(4A) A spatial development strategy must meet the needs of older and disabled people, through a requirement for new homes to meet the Building Regulations Part M4(2) accessible and adaptable standard or the Part M4(3) wheelchair user dwelling standard, as set out in Schedule 1 to the Building Regulations 2010 (S.I. 2010/2214).”

<p>The amendment introduces a requirement for all new homes to comply with the Part M4(2) accessible and adaptable standard, as defined in the Building Regulations 2010, or the higher M4(3) wheelchair user dwelling standard. The amendment aims to ensure that all new housing is inclusive, age-friendly, and suitable for people with varying mobility needs.</p>

Clause 52, page 73, line 22, at end insert—<br> “(6A) Where a strategy area includes a chalk stream, the spatial development strategy must include policies on permissible activities within the area of the stream for the purposes of preventing harm or damage to the stream or its surrounding area.”

<p>This amendment would ensure spatial development strategies include policies to protect chalk streams.</p>

Clause 52, page 73, line 29, at end insert—<br> “(9A) A spatial development strategy must prioritise development on brownfield land and urban densification.<br> (9B) A spatial development strategy must seek to increase sustainability and community building by minimising travel distances between places of employment, residence and commercial or leisure activities.”

<p>This amendment would require spatial development strategies to prioritise brownfield and urban densification, and to promote sustainable, mixed communities by reducing travel distances between homes, jobs, and services.</p>

Clause 52, page 76, line 9, at end insert—<br> “(iv) the housing needs of an ageing population;”

<p>This amendment ensures the draft Spatial Development Strategy has regard to the housing needs of the ageing population.</p>

After Clause 52, insert the following new Clause—<br> <b>“Preservation of playing fields and pitches</b><br> (1) A local planning authority must, when exercising any of its functions, ensure the preservation of playing fields and playing pitches.<br> (2) The duty in subsection (1) may, when granting permission for development, be met through the imposition of conditions or requirements relating to—<br> (a) the protection of playing fields or playing pitches affected by the development, or<br> (b) the provision of alternative, additional or expanded playing fields or playing pitches.<br> (3) For the purposes of this section, “playing field” and “playing pitch” have the same definitions as in Schedule 5 of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (S.I. 2010/2184).”

Clause 55, page 92, line 3, leave out “an” and insert “a significant”

<p>This amendment would require that an improvement made to the conservation status of an identified environmental feature within environmental delivery plans should be significant.</p>

After Clause 55, insert the following new Clause—<br> <b>“Environmental infrastructure in new developments</b><br> (1) Within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 (power to make building regulations) for the purpose of protecting and enhancing biodiversity.<br> (2) Regulations made under this section must—<br> (a) take account of biodiversity targets and interim targets set out in sections 1(2), 1(3)(c), 11 and 14 of the Environment Act 2021;<br> (b) include measures to enable the provision in new developments of—<br> (i) bird boxes;<br> (ii) bat boxes;<br> (iii) swift bricks;<br> (iv) hedgehog highways;<br> (v) biodiverse roofs and walls.”

<p>This new clause would require the Secretary of State to introduce regulations to protect and enhance biodiversity in new developments.</p>

Clause 58, page 94, line 37, at end insert—<br> “(5A) Within six months of the day on which this Act is passed, the Secretary of State must publish draft regulations to make provision for—<br> (a) how the mitigation hierarchy will be applied in preparing and applying an EDP,<br> (b) a procedure by which the scientific evidence for including an environmental feature in an EDP will be assessed, taking account of the precautionary principle,<br> (c) an assessment of the baseline condition of any environmental features that are habitats or species for each development application under an environmental delivery plan,<br> (d) a list of irreplaceable habitats which cannot be an environmental feature in an EDP, and<br> (e) the circumstances in which conservation actions must be taken before development takes place under an EDP.”

After Clause 87, insert the following new Clause—<br> <b>“Heritage tree preservation orders</b><br> (1) A local planning authority may make a heritage tree preservation order in respect of a heritage tree.<br> (2) The Secretary of State must make provision by regulations for heritage tree preservation orders, which must include provision—<br> (a) for a heritage tree to have all the protections afforded to a tree by a tree preservation order under section 198 of the Town and Country Planning Act 1990 (power to make tree preservation orders);<br> (b) requiring the owner of a heritage tree, or any other occupier of the land where the tree stands, to advertise appropriately its status as such, and the penalties for harming it, to persons approaching the tree or planning activities in its vicinity;<br> (c) enabling the responsible planning authority, Natural England or the Secretary of State to order the owner of a heritage tree or any other occupier of the land where the tree stands to take specified reasonable steps to maintain and protect the tree and, if the owner or occupier does not take such steps in reasonable time, to take such steps itself and to recover the reasonable cost of doing so from the owner or occupier;<br> (d) for the responsible planning authority, Natural England, the Secretary of State or another prescribed responsible body to enter into an agreement with the owner or occupier about the care and preservation of the heritage tree (a “heritage tree partnership agreement”), including about costs;<br> (e) for additional or higher penalties for breach of a heritage tree preservation order.<br> (3) The Secretary of State must make provision for the creation, publication and maintenance of a register of heritage trees in respect of which heritage tree preservation orders have been made.<br> (4) For the purposes of this section, “heritage tree” means a tree listed as such by Natural England on grounds of exceptional historic, landscape, cultural or ecologic importance.<br> (5) Natural England must create, publish and maintain a list of heritage trees in England for the purposes of this section.”

<p>This new Clause provides for the protection of heritage trees.</p>

After Clause 106, insert the following new Clause—<br> <b>“Protection of villages</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed, issue guidance for local planning authorities, or update any relevant existing guidance, relating to the protection of villages from over-development and change of character.<br> (2) Any guidance issued under this section must provide villages with equivalent protection, so far as is appropriate, as is provided for towns in relation to—<br> (a) preventing villages from merging into one another, and<br> (b) preserving the setting and special character of historic villages, under the National Planning Policy Framework.”

<p>This amendment seeks to provide existing villages with protection equivalent to that currently provided to towns under the National Planning Policy Framework.</p>

Clause 112, page 159, line 25, at end insert—<br> “(ca) section (<i>Use of hotels as accommodation for asylum seekers: requirement for planning permission</i>) comes into force on the day on which this Act is passed.”

<p>This ensures that the new clause ‘Use of hotels as accommodation for asylum seekers: requirement for planning permission’ (inserted by an amendment in the name of Baroness Scott of Bybrook) takes effect immediately when the Bill is passed.</p>

Clause 112, page 159, line 25, at end insert—<br> “(ca) section (<i>Use of houses in multiple occupation as accommodation for asylum seekers: requirement for planning permission</i>) comes into force on the day on which this Act is passed.”

<p>This ensures that the new clause ‘Use of houses in multiple occupation as accommodation for asylum seekers: requirement for planning permission’ (inserted by an amendment in the name of Baroness Scott of Bybrook) takes effect immediately when the Bill is passed.</p>

Clause 52, page 72, line 40, at end insert “and must include the provision of a network of green and blue spaces which are publicly accessible to local communities.”

<p>This amendment would require strategic planning authorities to include a network of green and blue spaces in the statement of policies which will relate to the development and use of land in the strategy area.</p>

After Clause 52, insert the following new Clause—<br> <b>“Permission for gambling premises: cumulative impact assessments</b><br> (1) The Gambling Act 2005 is amended as follows.<br> (2) In section 153(1)(d), after “statement” insert “, including any cumulative impact assessment,”.<br> (3) After section 349(1), insert—<br> “(1A) A licensing authority may include in their statement an assessment (“a cumulative impact assessment”) stating that they consider that the number of premises licences granted under section 163 in one or more parts of their area described in the assessment is such that it is likely that it would be—<br> (a) inconsistent with the licensing objectives in section 1, or<br> (b) harmful to the wellbeing of the community,<br> <span class="wrapped">for the authority to grant any further premises licences which would result in an increase in the number of such premises in that part or those parts.”.”</span>

None

After Clause 28, insert the following new Clause— “Prohibition on the application ofthe nationally significant infrastructure projects regime to large-scale solar developments on the best and most versatile land (1) Section 14 of the Planning Act 2008 (nationally significant infrastructure projects: general) is amended as follows. (2) After subsection (1) insert— “(1A) Large-scale solar developments must not be considered nationally significant infrastructure projects where they are built or developed on agricultural land at grade 1, 2, or 3a.”. (3) After subsection (3) insert— “(3ZA) The Secretary of State may not use orders under subsection (3)(a) to extend the application of subsection (1) to large-scale solar developments.”.”

None

After Clause 51, insert the following new Clause— “Property flood resilience measures: planning permission (1) Planning permission for the building of new homes at higher risk of flooding can only be granted if property flood resilience measures are implemented as part of the construction. (2) For the purposes of implementing subsection (1) and within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 to require that property flood resilience measures are included in any new homes at higher risk of flooding. (3) Property flood resilience measures under this section may include— (a) raised electrical sockets; (b) non-return valves on utility pipes; (c) airbrick covers; (d) resilient wall plaster; (e) any other measure as the Secretary of State may specify.”

None

After Clause 52, insert the following new Clause— “Strategic flood risk assessment maps Local planning authorities must ensure that the maps included in their Strategic Flood Risk Assessments are based on the most up-to-date flood risk assessments provided by the Environment Agency.”

None

After Clause 52, insert the following new Clause— “Principle of proportionality in planning (1) The principle of proportionality in planning shall apply to— (a) applications for any permission, consent, or other approval within the scope of the Planning Acts, including the supporting evidence base, (b) environmental impact assessment and habitats assessment, (c) the exercise of any functions within the scope of the Planning Acts, including but not limited to procedural and substantive decision-making (by local planning authorities, the Planning Inspectorate and the Secretary of State), and the preparation and provision of consultation responses (by statutory and non-statutory consultees), and (d) the determination by the Courts of claims for judicial and statutory review. (2) Applications for any permission, consent or other approval within the scope of the Planning Acts, and appeals against the refusal or non-determination of such applications, must be determined in accordance with the principle of proportionality in planning. (3) So far as it is possible to do so, the Planning Acts and any secondary legislation enacted pursuant to them must be read and given effect in a way which is compatible with the principle of proportionality in planning. (4) The principle of proportionality in planning means that the nature and extent of information and evidence required to inform the determination of any permission, consent, or other approval within the scope of the Planning Acts shall be proportionate to the issues requiring determination, having regard to decisions already made (whether in the plan-making or development control context) and the extent to which those issues will or can be made subject to future regulation (whether by way of planning conditions and obligations, or other regulation whether or not pursuant to the Planning Acts). (5) The Secretary of State may publish guidance on how the principle of proportionality in planning is to be applied. (6) The principle of proportionality in planning must not be interpreted as affecting existing requirements for local planning authorities to justify the refusal or withholding of planning permission. (7) In this section the term “Planning Acts” includes – (a) all primary legislation relating to planning prevailing at the time of the relevant application, decision or exercise of functions; and (b) any secondary legislation relating to planning, environmental impact assessment or habitats assessment.”

None

After Clause 52, insert the following new Clause – “Duration of planning permission In section 91(3B) of the Town and Country Planning Act 1990 (general condition limiting duration of planning permission), for “one year” substitute “a period commensurate with the period beginning with the date on which the proceedings were issued by the Court and ending with the date of the final determination of the proceedings (including any appeals).'”"

None

After Clause 52, insert the following new Clause - . "Relationship between overlapping permissions After section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out), insert - "73AA Relationship between overlapping permissions (1) Where there is more than one planning permission which relates to some or all of the same land, the lawfulness of both past and future development carried out pursuant to one of those planning permissions shall be unaffected by the carrying out of development pursuant to another of those planning permissions, except to the extent expressly stated in any of those permissions or in any obligation under section 106 of this Act (planning obligations) related to any of those permissions. (2) Subsection (1) applies only where one of the relevant planning permissions was granted after the day on which the Planning and Infrastructure Act 2025 is passed. (3) In this section "planning permission" means- (a) a planning permission under Part 3 of this Act, and (b) a planning permission granted by article 3 (permitted development) of the Town and Country Planning (General Permitted Development) Order 2015 (S.I. 2015/596).””

None

After Clause 52, insert the following new Clause- "Chief planner (1) The Town and Country Planning Act 1990 is amended as follows. (2) After section 1, insert – "1A Local planning authorities: chief planner (1) Each local planning authority must appoint an officer, to be known as chief planner, for the purposes of their functions as a local planning authority. (2) Two or more local planning authorities may, if they consider that the same person can efficiently discharge, for both or all of the planning authorities, the functions of chief planner, concur in the same appointment of a person as chief planner for both or all of these authorities. (3) A local planning authority may not appoint a person as chief planner unless satisfied that the person has appropriate qualifications and experience for the role”.”

None

After Clause 87, insert the following new Clause – "Sustainable drainage The Secretary of State must bring into force in England all uncommenced parts of Schedule 3 of the Water Management Act 2010 (sustainable drainage) within three months of the day on which this Act is passed.”

None

After Clause 87, insert the following new Clause – "National Standards for Sustainable Drainage Systems In section 106(4) of the Water Industry Act 1991 (right to communicate with public sewers), in paragraph (b), after “system” insert “, or (c) is such that the predicted or actual volume of water to be discharged thereafter into the public sewer would increase flood risk due to lack of capacity; or if the current National Standards for Sustainable Drainage Systems have not first been applied.””

After Clause 52, insert the following new Clause—<br> <b>“Principle of proportionality in planning</b><br> (1) The principle of proportionality in planning shall apply to—<br> (a) applications for any permission, consent, or other approval within the scope of the Planning Acts, including the supporting evidence base,<br> (b) environmental impact assessment and habitats assessment,<br> (c) the exercise of any functions within the scope of the Planning Acts, including but not limited to procedural and substantive decision-making (by local planning authorities, the Planning Inspectorate and the Secretary of State), and the preparation and provision of consultation responses (by statutory and non-statutory consultees), and<br> (d) the determination by the Courts of claims for judicial and statutory review.<br> (2) Applications for any permission, consent or other approval within the scope of the Planning Acts, and appeals against the refusal or non-determination of such applications, must be determined in accordance with the principle of proportionality in planning.<br> (3) So far as it is possible to do so, the Planning Acts and any secondary legislation enacted pursuant to them must be read and given effect in a way which is compatible with the principle of proportionality in planning.<br> (4) The principle of proportionality in planning means that the nature and extent of information and evidence required to inform the determination of any permission, consent, or other approval within the scope of the Planning Acts shall be proportionate to the issues requiring determination, having regard to decisions already made (whether in the plan-making or development control context) and the extent to which those issues will or can be made subject to future regulation (whether by way of planning conditions and obligations, or other regulation whether or not pursuant to the Planning Acts).<br> (5) The Secretary of State may publish guidance on how the principle of proportionality in planning is to be applied.<br> (6) The principle of proportionality in planning must not be interpreted as affecting existing requirements for local planning authorities to justify the refusal or withholding of planning permission.<br> (7) In this section the term “Planning Acts” includes—<br> (a) all primary legislation relating to planning prevailing at the time of the relevant application, decision or exercise of functions; and<br> (b) any secondary legislation relating to planning, environmental impact assessment or habitats assessment.”

<p>This amendment introduces a principle of proportionality in planning to give decision-makers, applicants, consultees and the Courts confidence that less can be more, so as to facilitate more focused decision-making and more effective public participation.</p>

After Clause 52, insert the following new Clause—<br> <b>“Neighbourhood development orders and national planning policy</b><br> In Schedule 4B of the Town and Country Planning Act 1990 (process for making of neighbourhood development orders: independent examination), for paragraph 8(2)(a) substitute—<br> “(a) the order is in general conformity with national planning policy,”.”

<p>This amendment requires new neighbourhood plans not merely to have regard to the National Planning Policy Framework and Planning Practice Guidance, but to be in general conformity with it, so as to avoid neighbourhood plans undermining national planning policy.</p>

After Clause 52, insert the following new Clause—<br> <b>“Duration of planning permission</b><br> In section 91(3B) of the Town and Country Planning Act 1990 (general condition limiting duration of planning permission), for “one year” substitute “a period commensurate with the period beginning with the date on which the proceedings were issued by the Court and ending with the date of the final determination of the proceedings (including any appeals).””

<p>This amendment stops the clock for the purposes of the time limit for development to be commenced when the relevant planning permission is subject to judicial or statutory review, thus avoiding the risk of a planning permission being timed out by protracted legal challenge, and to avoid the prospect of that risk being an incentive for meritless legal challenges.</p>

After Clause 52, insert the following new Clause—<br> <b>“Relationship between overlapping permissions</b><br> After section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out), insert—<br> <b>“73AA</b> <b>Relationship between overlapping permissions</b><br> (1) Where there is more than one planning permission which relates to some or all of the same land, the lawfulness of both past and future development carried out pursuant to one of those planning permissions shall be unaffected by the carrying out of development pursuant to another of those planning permissions, except to the extent expressly stated in any of those permissions or in any obligation under section 106 of this Act (planning obligations) related to any of those permissions.<br> (2) Subsection (1) applies only where one of the relevant planning permissions was granted after the day on which the Planning and Infrastructure Act 2025 is passed.<br> (3) In this section “planning permission” means—<br> (a) a planning permission under Part 3 of this Act, and<br> (b) a planning permission granted by article 3 (permitted development) of the Town and Country Planning (General Permitted Development) Order 2015 (S.I. 2015/596).””<br>.

<p>This amendment addresses the potentially deleterious implications of the Supreme Court’s judgment in the Hillside Parks case.</p>

After Clause 52, insert the following new Clause—<br> <b>“Chief planner</b><br> (1) The Town and Country Planning Act 1990 is amended as follows.<br> (2) After section 1, insert—<br> <b>“1A</b> <b>Local planning authorities: chief planner</b><br> (1) Each local planning authority must appoint an officer, to be known as chief planner, for the purposes of their functions as a local planning authority.<br> (2) Two or more local planning authorities may, if they consider that the same person can efficiently discharge, for both or all of the planning authorities, the functions of chief planner, concur in the same appointment of a person as chief planner for both or all of these authorities.<br> (3) A local planning authority may not appoint a person as chief planner unless satisfied that the person has appropriate qualifications and experience for the role.”.”

<p>This amendment would provide for local planning authorities to appoint a Chief Planner, who could be appointed jointly by one or more authorities, to secure that decisions, including those delegated to officers, are made with professional leadership.</p>

After Clause 108, insert the following new Clause—<br> <b>“Building regulations: swift bricks</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed, introduce regulations under section 1 of the Building Act 1984 (power to make building regulations) to make provision for the installation of an average of one swift brick per dwelling or unit greater than 5 metres in height.<br> (2) Regulations must require the installation of swift bricks in line with best practice guidance, except where such installation is not practicable or appropriate.<br> (3) For the purposes of this section—<br> “swift brick” means an integral nest box integrated into the wall of a building suitable for the nesting of the common swift and other cavity nesting species;<br> “best practice guidance” means the British Standard BS 42021:2022.”

<p>This new Clause would require the Secretary of State to introduce regulations to require the installation of integral bird nest boxes and swift boxes in developments greater than 5 metres in height. Swift bricks provide nesting habitats for all bird species reliant on cavity nesting habitats in buildings to breed.</p>

After Clause 12, insert the following new Clause—<br> <b>“Whistleblowing and oversight for nationally significant infrastructure projects</b><br> (1) For the purposes of this Act, the National Infrastructure and Service Transformation Authority (NISTA) is responsible for receiving and investigating protected disclosures in connection with nationally significant infrastructure projects.<br> (2) In particular, NISTA is responsible for—<br> (a) receiving disclosures of information from individuals or organisations relating to suspected misconduct, mismanagement, breach of environmental regulations, or any other matter of public interest connected to nationally significant infrastructure projects;<br> (b) assessing whether such disclosures fall within its remit and merit investigation;<br> (c) undertaking investigations where appropriate and referring matters to relevant regulatory, law enforcement, or oversight bodies;<br> (d) providing advice and guidance to individuals considering making protected disclosures in relation to such projects;<br> (e) reporting on the nature, volume, and outcome of disclosures received, with appropriate protections for confidentiality and whistleblower anonymity;<br> (f) establishing and maintaining a framework setting out the protections afforded to whistleblowers, including remedies for individuals who suffer detriment as a result of making a disclosure, and procedures for seeking redress.<br> (3) For the purposes of this section, “protected disclosures” are those that meet the conditions set out in section 43B of the Employment Rights Act 1996 (disclosures qualifying for protection), as they relate to the planning, development, or operation of nationally significant infrastructure projects.<br> (4) NISTA is responsible for ensuring it has—<br> (a) an appropriate governance structure;<br> (b) clear processes and criteria for assessing disclosures;<br> (c) mechanisms for collaboration with other statutory regulators or planning authorities.”

<p>This amendment places responsibility on the National Infrastructure and Service Transformation Authority (NISTA) to receive, investigate, and oversee whistleblowing disclosures relating to nationally significant infrastructure projects, ensuring protections for whistleblowers and coordination with relevant regulators.</p>

After Clause 52, insert the following new Clause—<br> <b>“Amendments to the Localism Act 2011: assets of cultural value</b><br> (1) The Localism Act 2011 is amended as follows.<br> (2) In section 87 (list of assets of community value)—<br> (a) in subsection (1), after “community” insert “and cultural”,<br> (b) in subsection (2), after “community” insert “and cultural”,<br> (c) in subsection (3), after “community” insert “and cultural”,<br> (d) in subsection (5), after “community” insert “and cultural”, and<br> (e) in subsection (6), after “community” insert “and cultural”.<br> (3) After section 88 (land of community value), insert—<br> <b>“88A</b> <b>Land of cultural value</b><br> (1) For the purposes of this Chapter but subject to regulations under subsection (2), a building or other land in a local authority's area is land of cultural value if in the opinion of the authority the primary use of that building or land—<br> (a) substantially furthers the cultural well-being or cultural interests of a local community or the nation, or<br> (b) provides a necessary venue for the furthering of specialist cultural skills, including (but not limited to) music venues, recording studios, rehearsal spaces, visual artists’ studios and other creative spaces.<br> (2) The appropriate authority may by regulations—<br> (a) provide that a building or other land is not land of cultural value if the building or other land is specified in the regulations or is of a description specified in the regulations;<br> (b) provide that a building or other land in a local authority's area is not land of cultural value if the local authority or some other person specified in the regulations considers that the building or other land is of a description specified in the regulations.<br> (3) A description specified under subsection (2) may be framed by reference to such matters as the appropriate authority considers appropriate.<br> (4) In relation to any land, those matters include (in particular)—<br> (a) the owner of any estate or interest in any of the land or in other land;<br> (b) any occupier of any of the land or of other land;<br> (c) the nature of any estate or interest in any of the land or in other land;<br> (d) any use to which any of the land or other land has been, is being or could be put;<br> (e) statutory provisions, or things done under statutory provisions, that have effect (or do not have effect) in relation to—<br> (i) any of the land or other land, or<br> (ii) any of the matters within paragraphs (a) to (d);<br> (f) any price, or value for any purpose, of any of the land or other land.””

<p>This amendment expands the existing assets of community value scheme to also include assets of cultural value.</p>

After Clause 47, insert the following new Clause—<br> <b>“Deregulation of low hazard reservoirs</b><br> Within six months of the day on which this Act is passed, the Secretary of State must publish an assessment of the impact of the current regulatory regime for low hazard reservoirs, and set out proposals for the deregulation of such reservoirs to facilitate their construction.”

<p>This is an amendment to encourage the consideration of measures to facilitate the construction of small reservoirs that pose little potential threat to local communities.</p>

After Clause 51, insert the following new Clause—<br> <b>“Promotion and use of mediation etc</b><br> (1) The Town and Country Planning Act 1990 is amended as follows.<br> (2) After section 323A insert—<br> <b>“323B</b> <b>Promotion and use of mediation etc.</b><br> (1) The Secretary of State may issue guidance in relation to the promotion and use of mediation and other forms of alternative dispute resolution (ADR) technique in relation to the following—<br> (a) the preparation of local development plans and related evidence reports under Part 2,<br> (b) a prospective applicant’s compliance with any requirements in respect of pre-application consultation imposed under or by virtue of sections 61W or 61Z,<br> (c) assisting in the determination of an application for planning permission, including related planning obligations or their variation under sections 106 and 106A, and<br> (d) any other matter related to planning that they consider appropriate.<br> (2) Guidance under subsection (1) may include provision about—<br> (a) the form of mediation or other ADR technique that is to be used in a particular circumstance, and<br> (b) the procedure to be followed in any such mediation.<br> (3) Local authorities must have regard to any guidance issued under subsection (1).<br> (4) Before issuing any guidance under subsection (1), the Secretary of State must consult—<br> (a) planning authorities, and<br> (b) such other persons that they consider appropriate.<br> (5) The Secretary of State must make any guidance issued under subsection (1) publicly available.<br> (6) The power under subsection (1) to issue guidance includes power to—<br> (a) issue guidance that varies guidance issued under that subsection, and<br> (b) revoke guidance issued under that subsection.<br> (7) For the purposes of this section, “mediation” and “ADR technique” includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person as the Secretary of State considers appropriate.<br> (8) The Secretary of State must issue guidance under subsection (1) within the period of two years beginning with the date on which the Planning and Infrastructure Act 2025 is passed.””

<p>This amendment requires that guidance must be issued on the promotion and use of mediation and other forms of ADR in the planning process. It is intended to engender a culture of informal resolution of disputes, in order to reduce the risk of the delay and expense caused by litigation.</p>

After Clause 51, insert the following new Clause—<br> <b>“Property flood resilience measures: planning permission</b><br> (1) Planning permission for the building of new homes at higher risk of flooding can only be granted if property flood resilience measures are implemented as part of the construction.<br> (2) For the purposes of implementing subsection (1) and within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 to require that property flood resilience measures are included in any new homes at higher risk of flooding.<br> (3) Property flood resilience measures under this section may include—<br> (a) raised electrical sockets;<br> (b) non-return valves on utility pipes;<br> (c) airbrick covers;<br> (d) resilient wall plaster;<br> (e) any other measure as the Secretary of State may specify.”

After Clause 51, insert the following new Clause—<br> <b>“Agent of change: integration of new development with existing businesses and facilities</b><br> (1) In this section—<br> “agent of change principle” means the principle requiring planning policies and decisions to ensure that new development can be integrated effectively with existing businesses and community facilities so that those businesses and facilities do not have unreasonable restrictions placed on them as a result of developments permitted after they were established;<br> “development” has the same meaning as in section 55 of the Town and Country Planning Act 1990 (meaning of “development” and “new development”);<br> “licensing functions” has the same meaning as in section 4(1) of the Licensing Act 2003 (general duties of licensing authorities);<br> “provision of regulated entertainment” has the same meaning as in Schedule 1 to the Licensing Act 2003 (provision of regulated entertainment);<br> “relevant authority” means a relevant planning authority within the meaning of section 91 of the Levelling-up and Regeneration Act 2023, or a licensing authority within the meaning of section 3 of the Licensing Act 2003 (licensing authorities).<br> (2) In exercising any functions under the Town and Country Planning Act 1990 or any licensing functions concerning development which is or is likely to be affected by an existing business or facility, a relevant authority shall have special regard to the agent of change principle.<br> (3) An application for development within the vicinity of any premises licensed for the provision of regulated entertainment shall contain, in addition to any relevant requirements of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595), a noise impact assessment.<br> (4) In determining whether noise emitted by or from an existing business or community facility constitutes a nuisance to a residential development, the decision-maker shall have regard to—<br> (a) the chronology of the introduction of the relevant noise source and the residential development, and<br> (b) what steps have been taken by the developer to mitigate the entry of noise from the existing business or facility to the residential development.”

After Clause 52, insert the following new Clause—<br> <b>“Local plans and planning applications: flooding</b><br> (1) Local plans prepared by local authorities must apply a sequential, risk-based approach to the location of development, taking into account all sources of flood risk and the current and future impacts of climate change, so as to avoid, where possible, flood risk to people and property.<br> (2) Local authorities must fulfil their obligations under subsection (1) by—<br> (a) applying the sequential test and then, if necessary, the exception test under subsection (7);<br> (b) safeguarding land from development that is required, or likely to be required, for current or future flood management;<br> (c) using opportunities provided by new development and improvements in green and other infrastructure to reduce the causes and impacts of flooding, (making as much use as possible of natural flood management techniques as part of an integrated approach to flood risk management);<br> (d) where climate change is expected to increase flood risk so that some existing development may not be sustainable in the long-term, seeking opportunities to relocate development, including housing, to more sustainable locations.<br> (3) A sequential risk-based approach should also be taken to individual planning applications in areas known to be at risk now or in future from any form of flooding.<br> (4) The sequential test must be used in areas known to be at risk now or in the future from any form of flooding, except in situations where a site-specific flood risk assessment demonstrates that no built development within the site boundary, including access or escape routes, land raising or other potentially vulnerable elements, would be located on an area that would be at risk of flooding from any source, now and in the future (having regard to potential changes in flood risk).<br> (5) Applications for some minor development and changes of use should not be subject to the sequential test, nor the exception test, but should still meet the requirements for site-specific flood risk assessments.<br> (6) Having applied the sequential test, if it is not possible for development to be located in areas with a lower risk of flooding (taking into account wider sustainable development objectives), the exception test may have to be applied.<br> (7) To pass the exception test it should be demonstrated that—<br> (a) the development would provide wider sustainability benefits to the community that outweigh the flood risk, and<br> (b) the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.<br> (8) Where planning applications come forward on sites allocated in the development plan through the sequential test, applicants need not apply the sequential test again, but the exception test may need to be reapplied if relevant aspects of the proposal had not been considered when the test was applied at the plan-making stage, or if more recent information about existing or potential flood risk should be taken into account.<br> (9) When determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere.<br> (10) Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable) it can be demonstrated that—<br> (a) within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location;<br> (b) the development is appropriately flood resistant and resilient such that, in the event of a flood, it could be quickly brought back into use without significant refurbishment;<br> (c) it incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate;<br> (d) any residual risk can be safely managed;<br> (e) safe access and escape routes are included where appropriate, as part of an agreed emergency plan.”

<p>The Sequential and Exception Tests are planning tools that help (a) ensure new development is directed away from areas at the highest risk of flooding and (b) make development that is necessary in areas of flood risk safe throughout its lifetime, without increasing flood risk elsewhere. However, these tests are currently only guidance. A statutory basis would help ensure that Local Planning Authorities place due regard on them when preparing Local Plans and considering individual planning applications.</p>

After Clause 52, insert the following new Clause—<br> <b>“Strategic flood risk assessment maps</b><br> Local planning authorities must ensure that the maps included in their Strategic Flood Risk Assessments are based on the most up-to-date flood risk assessments provided by the Environment Agency.”

<p>Strategic Flood Risk Assessments ensure that planning decisions take into account risks from all sources of flooding. Placing a duty on local planning authorities to keep Strategic Flood Risk Assessments up to date will ensure that they can reliably inform the development of local plans and incorporate the latest information from the Environment Agency’s new National Flood Risk Assessment.</p>

After Clause 87, insert the following new Clause—<br> <b>“Sustainable drainage</b><br> The Secretary of State must bring into force in England all uncommenced parts of Schedule 3 of the Water Management Act 2010 (sustainable drainage) within three months of the day on which this Act is passed.”

<p>In England, developers have the automatic right to connect surface water arising from new homes to the public sewerage system, irrespective of whether there is capacity for this. Implementation of Schedule 3 of the Flood and Water Management Act (2010) would end this automatic right to connect and provide a framework for the approval and adoption of Sustainable Drainage Systems (SuDS), paving the way for their widespread use.</p>

After Clause 87, insert the following new Clause—<br> <b>“National Standards for Sustainable Drainage Systems</b><br> In section 106(4) of the Water Industry Act 1991 (right to communicate with public sewers), in paragraph (b), after “system” insert “, or—<br> (c) is such that the predicted or actual volume of water to be discharged thereafter into the public sewer would increase flood risk due to lack of capacity;<br> <span class="wrapped">or if the current National Standards for Sustainable Drainage Systems have not first been applied.””</span>

<p>The amendment adds weight to the Government’s newly-introduced National Standards for Sustainable Drainage Systems (SuDS) by making the right to communicate with the public sewer conditional on having applied the standards first. Changing the right to connect to the public sewer to be conditional upon first having followed the new Standards will provide a more robust incentive to developers to follow this guidance, in the absence of full implementation of Schedule 3 of the Flood and Water Management Act 2010.</p>

None

Clause 58, page 93, line 32, leave out subsection (1)

None

Clause 58, page 93, line 38, at end insert- "(ca) the land use framework,”

None

Clause 60, page 96, line 12, at end insert- “(6A) The Secretary of State may choose not to make the EDP if the Secretary of State reasonably considers that the EDP would be contrary to the public interest.”

None

Clause 60, page 96, line 14, at end insert- "(8) Where the Secretary of State chooses not to make an EDP, the Secretary of State must also seek to return any land obtained under a compulsory purchase order for the purposes of the EDP to the original owner.”

None

Clause 94, page 123, line 6, at end insert— "(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments."

None

Clause 94, page 123, line 14, at end insert— "(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments."

None

Clause 94, page 123, line 21, at end insert— "(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments."

None

Clause 95, page 124, line 2, at end insert— "(ii) after paragraph (c) insert – "(ca) to undertake modelling and simulation (to Building Information Management level 3 standards) to demonstrate the effect of activities carried out under paragraph (b) and (c);””"

None

Clause 3, page 5, leave out lines 28 to 32

None

Clause 3, page 8, line 3, leave out subsection (5)

None

After Clause 17, insert the following new Clause- "Increasing grid capacity The Secretary of State must, within three months of the passing of this Act, lay before Parliament a plan to- (a) reduce the cost of, and time taken to make, connections to the transmission or distribution system; (b) permit local energy grids.”

None

After Clause 27, insert the following new Clause – "Extension of permitted development The Secretary of State must, within 12 months of the day on which this Act is passed- (a) make provision for the following to be included as permitted development- (i) upgrading of existing electricity lines from single to three phase; (ii) alteration of conductor type; (iii) increase in the height of distribution network supports to maintain minimum ground clearances under the Electricity Safety, Quality and Continuity Regulations 2002; (iv) increase in the distance of supporting structures by up to 60m from their existing position when replacing an existing overhead line; (v) in relation to new connections from an existing line, an increase in nominal voltage to a maximum of 33kV and related increase in pole heights; (vi) upgrading of existing lines from 6.6kV to 11kV; (vii) installation of additional stays supporting wooden poles; (viii) upgrading of existing apparatus, including the increase of capacity of pole mounted transformers, subject to the provisions of section 37(1) of the Electricity Act 1989 (consent required for overhead lines) and the Electricity Safety, Quality and Continuity Regulations 2002 (S.I. 2002/2665); (ix) temporary placement of a line for a period of up to two years;

None

After Clause 27, insert the following new Clause – "Zero carbon standard for new homes (1) Within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 to require that new homes must- (a) be built to a net zero carbon building standard, and (b) include provision for solar power generation. (2) Regulations must include a presumption that, as far as is reasonably practicable, new developments will include facilities for the rooftop generation of solar power.”

None

After Clause 27, insert the following new Clause – "Electricity distribution networks: land and access rights (1) The Secretary of State must, within 12 months of the day on which this Act is passed, consult on and implement measures to give electricity distribution network operators powers in relation, but not limited, to- (a) the acquisition of rights over land for new and existing overhead lines and underground cables; (b) the acquisition of land for new substations or the extension of existing substations; (c) the entering into of land for the purposes of maintaining existing equipment; (d) the entering into of land for the purposes of managing vegetation growth which is interfering with the safety or operation of overhead equipment. (2) Any powers granted must be compatible with the need to complete works related to development in a timely, inexpensive and uncomplicated manner, and may include the provision of compensation to relevant landowners.”

None

After Clause 28, insert the following new Clause- "Local Area Energy Plans (1) All local authorities and combined authorities must create a Local Area Energy Plan. (2) For the purposes of this section, a “Local Area Energy Plan” means an outline of how the relevant authority proposes to transition its area's energy system to achieve net zero greenhouse gas emissions.”

None

After Clause 28, insert the following new Clause- “Community benefit from major energy infrastructure projects (1) The Secretary of State must by regulations establish a scheme under which communities with a specified connection to a major energy infrastructure project are entitled to financial benefits.

None

After Clause 47, insert the following new Clause- “Deregulation of low hazard reservoirs Within six months of the day on which this Act is passed, the Secretary of State must publish an assessment of the impact of the current regulatory regime for low hazard reservoirs, and set out proposals for the deregulation of such reservoirs to facilitate their construction."

None

Clause 48, page 63, line 2, at end insert – “(7) In section 303ZA of the Town and Country Planning Act 1990 (fees for appeals), after subsection (3) insert - "(3A) Any monies collected and regulations made under this section in relation to the Planning Inspectorate must be for the sole purpose of being used in connection with its functions in relation to appeals under this Act and the Planning (Listed Buildings and Conservation Areas) Act 1990.”.”

None

Clause 48, page 63, line 2, at end insert- "(7) In section 303ZA(2) of the Town and Country Planning Act 1990 (fees for appeals), after paragraph (a) insert- "(aa) make provision for optional fees payable by appellants in return for a fast-track appeal process in which, notwithstanding section 319A (determination of procedure for certain proceedings: England), the appellant has the right for their appeal to be heard at a public local inquiry, the dates of which shall not be imposed by the Planning Inspectorate without the consent of the appellant, and the determination of which shall be no longer than five months after the appeal was made unless the Appellant agrees otherwise in writing;""."

None

Clause 51, page 69, line 8, leave out from “apply” to end of line 11

None

After Clause 51, insert the following new Clause – "New car parks to include solar panels (1) No local planning authority may approve an application for the building of an above-ground car park which does not make the required provision of solar panels.

53IA

Clause 33, page 49, line 1, at end insert—<br> “(2) After section 250(8) of the Highways Act 1980, insert—<br> “(9) Any compulsory purchase order made in exercise of powers under this Act that includes the right to take temporary possession or occupation of land must specify the maximum duration of such temporary possession or occupation, the mechanism for establishing compensation, and the condition in which the land is to be returned to the landowner.”<br> (3) Before the powers in this section are implemented, the Secretary of State must publish guidance on the procedure for temporary acquisition, acceptable durations, calculation of compensation, and further compensation if the land is not returned in the agreed condition.”

242B

Clause 55, page 92, line 1, at end insert—<br> “(2A) In the five years following the coming into force of this section, EDPs may only apply to nutrient neutrality, and other matters which the Secretary of State determines are appropriately dealt with at the scale of an EDP.<br> (2B) After the period of five years following the coming into force of this section, provisions may be made that concern wildlife and other more local concerns, but the Secretary of State may not make more than five such EDPs in any year.”

<p>This amendment seeks to ensure that the EDP process has time to bed in in uncontroversial areas, and that its further development is not rushed.</p>

94FA

After Clause 28, insert the following new Clause—<br> <b>“Electrical or communications cables under land in active agricultural use</b><br> (1) Where a development involves the laying of electrical or communications cables under land currently in active agricultural use, such cables must be buried to a minimum depth of 2 metres from the surface level and deeper if required to avoid any watering system or network required for agricultural use.<br> (2) For the purposes of this section, “active agricultural use” includes any land used for planting trees that are to be used as commercial resource.”

94FB

Clause 48, page 61, line 3, leave out “or require”

<p>This amendment seeks to probe the Government’s intentions in seeking the power to require a local planning authority to set the level of fees for planning decisions.</p>

94FC

Clause 48, page 61, line 5, leave out “or require”

<p>This amendment seeks to probe the Government’s intentions in seeking the power to require the Mayor of London to set the level of fees for planning decisions.</p>

8

Clause 1, page 2, line 4, at end insert—<br> “(4B) The Secretary of State must ensure that in each review—<br> (a) maximum deadlines are set for statutory consultations to be completed for proposed developments which are classified as Nationally Significant Infrastructure Projects,<br> (b) if no response is received from a statutory consultee within the period specified in paragraph (a), it must be taken to mean that the statutory consultee as consented to the proposal, and<br> (c) benchmarking is published alongside the review to compare UK performance with other countries in relation to the cost and timing of developments classified as Nationally Significant Infrastructure Projects encompassed within the review.”

<p>This amendment seeks to provide further detail about the review of national policy statements with the intention of improving the clarity and speed of the planning process.</p>

94G

Clause 48, page 61, line 13, at end insert—<br> “(ba) the requirement for proportionality in the level of the fee or charge, based on the nature and size of the development to which the fee or charge will apply;”

<p>This amendment would require that any fee or charge set out in regulations is proportionate to the nature and size of the development it applies to.</p>

244A

Clause 55, page 92, line 6, leave out “overall” and insert “evidence-based”

9

Clause 1, page 2, line 17, leave out “exceptional circumstances” and insert “significant, unforeseen events beyond the control of the Secretary of State”

<p>This amendment probes what is meant by exceptional circumstances, in order to clarify intent and ensuring ministerial flexibility in national emergencies.</p>

96

Clause 48, page 61, line 27, at end insert “, and gives due regard to guidance on archaeological and other services essential for the delivery of planning functions that may be delivered by other local authorities.”

<p>This amendment would ensure that guidance which goes out to local planning authorities about assessing the correct level of charges includes a reminder/recommendation that inputs from other authorities are included to ensure that external services are correctly funded in this way.</p>

97

Clause 48, page 61, line 27, at end insert—<br> “(8BA) No fee or charge shall be required by a local planning authority in England, the Mayor of London or a specified person in relation to an application for Listed Building Consent.”

<p>This amendment would ensure that listed building consent remains free to owners of listed buildings who maintain England’s heritage.</p>

245A

Clause 55, page 92, line 7, at end insert—<br> “(3A) An EDP must set out the anticipated sequencing of the implementation of the conservation measures by reference to the development to which the EDP applies.”

<p>This amendment would require Natural England to include in an EDP an indication of the sequencing of the conservation measures vis-a-vis the development.</p>

98

Clause 48, page 63, line 2, at end insert—<br> “(7) In section 303ZA of the Town and Country Planning Act 1990 (fees for appeals), after subsection (3) insert—<br> “(3A) Any monies collected and regulations made under this section in relation to the Planning Inspectorate must be for the sole purpose of being used in connection with its functions in relation to appeals under this Act and the Planning (Listed Buildings and Conservation Areas) Act 1990.”.”

<p>This amendment would enable the existing provision for the Planning Inspectorate to be able to charge appeal fees to be brought into effect in a way that ensures the Planning Inspectorate obtains the benefit of such fees, thereby reinforcing its resources and operational bandwidth.</p>

246

Clause 55, page 92, line 8, leave out subsection (4) and insert—<br> “(4) An EDP passes the overall improvement test if the conservation measures will be sufficient to significantly and measurably outweigh the negative effect caused by the environmental impact of development on the conservation status of each identified environmental feature and to achieve a significant environmental improvement.”

<p>This amendments strengthens overall improvement test that conservation measures must significantly and measurably outweigh any negative impacts to improve the conservation status of identified features.</p>

246A

Clause 55, page 92, line 9, leave out “, if Natural England considers it appropriate,”

<p>This amendment is consequential on my amendment to clause 55 inserting a new subsection (4A).</p>

99

Clause 48, page 63, line 2, at end insert—<br> “(7) In section 303ZA(2) of the Town and Country Planning Act 1990 (fees for appeals), after paragraph (a) insert—<br> “(aa) make provision for optional fees payable by appellants in return for an appeal process in which, notwithstanding section 319A (determination of procedure for certain proceedings: England), the appellant has the right to elect for its appeal to be heard at public local inquiry, and the determination of which shall be no longer than five months after the appeal was made unless the Appellant agrees otherwise in writing;”.”

<p>This amendment would enable provision to be made for the Planning Inspectorate to operate an optional fee-paid bespoke fast track appeal process which would generate funding for the Planning Inspectorate.</p>

99ZA

Clause 49, page 63, leave out lines 36 to 39

<p>This amendment seeks to probe the imposition of surcharges and the process by which the Secretary of State will calculate them to ensure the income from the surcharge does not exceed the relevant costs incurred by the listed person.</p>

99A

Clause 50, page 64, line 26, at end insert—<br> “(1A) Training for all members of local planning authorities must include specific training on the role of design for the external appearance of developments as it relates to their exercise of relevant planning functions.”

<p>This amendment seeks to ensure that mandatory training for all members of local planning authorities in England includes training on design as it relates to their role in determining planning applications, particularly in the context of the built environment, character of the area, local materials, and variety of styles to break up monotony within larger housing developments.</p>

247A

Clause 55, page 92, line 12, at end insert—<br> “(4A) But an EDP may include conservation measures of the type mentioned in subsection (4) only if Natural England considers that such measures would make a greater contribution to the improvement of the conservation status of the feature than measures that address the environmental impact of development on the feature at the protected site itself.”

<p>The effect of this amendment would be that network conservation measures can only be included in an EDP if Natural England considers that they will be more effective, in contributing to the improvement of the conservation status of the affected feature, than onsite measures.</p>

16

After Clause 2, insert the following new Clause—<br> <b>“Assessments of environmental principles policy statement in national policy statements</b><br> After section 5(8) of the Planning Act 2008 (national policy statements), insert—<br> “(8A) A national policy statement must include a section with a written assessment of how the Secretary of State has given due regard to the environmental principles policy statement as required by section 19 of the Environment Act 2021 when preparing the national policy statement.<br> (8B) The written assessment section under subsection (8A) must include all relevant advice provided to the Secretary of State by their Department.””

99AA

Clause 50, page 64, line 26, at end insert—<br> “(1A) Training for all members of local planning authorities must include an emphasis on healthy placemaking, which includes planning adequate provision of sport and physical activity spaces and facilities to meet communities’ needs.”

248A

Clause 55, page 92, line 13, leave out subsection (5) and insert—<br> “(5) An EDP must include conservation measures that are not, at the time the EDP is made, expected to be needed but which must be implemented in the circumstances set out in the EDP.<br> (5A) Those circumstances must relate to the effectiveness of the conservation measures that have already been implemented, as revealed by the monitoring of the EDP (see section 76(4)(a)).”

<p>This amendment would require Natural England to include backup conservation measures in an EDP, in case the primary ones prove to be ineffective, and to specify the circumstances in which the backup measures will be implemented. (See also my amendment to clause 76 inserting a new subsection (4) about monitoring.)</p>

100

Clause 50, page 64, line 36, at end insert—<br> “(3A) Regulations under subsection (1) must require that prescribed training includes material on—<br> (a) climate change and biodiversity literacy training, and<br> (b) ecological surveying including botanical and mycological surveying.”

<p>This amendment states that mandatory training for members of planning committees and planning officers must include climate and biodiversity and enhanced ecological literacy training.</p>

101

Clause 50, page 65, line 11, insert “and to National Highways, local highway authorities and Integrated Transport Authorities”

<p>This amendment seeks to clarify the local planning authorities to which mandatory training applies.</p>

248B

Clause 55, page 92, line 16, leave out “overall” and insert “evidence-based”

102

Clause 50, page 65, line 15, at end insert—<br> “(ii) a person who is an officer of a local planning authority with responsibility for making or advising on planning decisions, and<br> (iii) any other persons to whom decision-making functions are delegated under local authority arrangements.”

<p>This amendment clarifies that mandatory training applies to local authority planning officers and any person who, although not an elected member of a local planning authority, has a formal responsibility for advising on or determining planning decisions.</p>

249A

Clause 55, page 92, line 23, leave out “the”

<p>This amendment would be a drafting correction so that subsection (6) refers to “the environmental impact of development” which is the defined term in subsection (8).</p>

103

Clause 50, page 67, line 14, at end insert—<br> <b>“319ZZBA</b> <b>Training: civil servants and Ministers of the Crown</b><br> (1) The Secretary of State may by regulations make provision for and in connection with the training of civil servants and Ministers of the Crown in their exercise of such relevant planning functions as are prescribed.<br> (2) Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”).<br> (3) A civil servant or Minister of the Crown who does not hold a valid certificate of completion is prohibited from exercising the prescribed relevant planning functions on behalf of the Government.<br> (4) Regulations under subsection (1) may, in particular—<br> (a) provide for accreditation by the Secretary of State of—<br> (i) courses of training, and<br> (ii) persons providing such courses;<br> (b) impose requirements as to record-keeping, including by imposing such requirements on a training provider.<br> (5) Regulations under subsection (1) must require the Department to publish on their website which of their members hold valid certificates of completion.<br> (6) The validity of anything done in the exercise of a prescribed relevant planning function is not affected by any breach of subsection (3).<br> (7) In this section—<br> (a) references to a civil servant are to civil servants working in the Ministry of Housing, Communities and Local Government, or any Department which carries out relevant planning functions;<br> (b) references to a Minister of the Crown are to Ministers working in the Ministry of Housing, Communities and Local Government, or any Department which carries out relevant planning functions.<br> (8) The Secretary of State may by regulations define a “relevant planning function” for the purpose of this section.”

<p>This amendment would require civil servants and Ministers of the Crown to complete equivalent training to that required for local planning authorities and mayoral authorities by new sections 319ZZA and 319ZZB in the Town and Country Planning Act 1990, inserted by clause 50.</p>

103ZZA

Clause 51, page 67, line 21, leave out “by regulations require” and insert “issue guidance that requires”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

103ZZB

Clause 51, page 67, line 28, leave out “regulations” and insert “guidance”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

251

Clause 55, page 92, line 25, at end insert—<br> “(7A) Natural England may only accept the request under subsection (7) if Natural England is satisfied that—<br> (a) the developer has taken reasonable steps to appropriately apply the mitigation hierarchy, including by seeking to avoid harm wherever possible to the protected feature, and<br> (b) in the case of a plan or project affecting an irreplaceable habitat, a European Protected Species, or part of the National Site Network, there being no alternative solutions, the plan or project must be carried out for imperative reasons of overriding public interest.”

<p>This amendment ensures that Natural England accepts requests only when developers have properly applied the mitigation hierarchy and justifies projects due to there being no alternative solutions and on imperative public interest grounds, especially for sensitive habitats.</p>

251A

Clause 55, page 92, line 25, at end insert—<br> “(7A) A conservation measure delivered away from the development site (“offsite”) will, by virtue of a—<br> (a) condition subject to which the planning permission is granted,<br> (b) planning obligation, or<br> (c) conservation covenant,<br> <span class="wrapped">be maintained in perpetuity.”</span>

<p>This amendment would prevent sites created as compensation habitat being lost to subsequent development.</p>

103ZA

Clause 51, page 67, line 32, at end insert—<br> “(2A) The regulations must not allow an officer of the authority to approve any planning application which—<br> (a) allows building or development outside the boundaries set out in the local plan, or<br> (b) has a housing density for the area that is below the level prescribed in the local plan.”

<p>This amendment seeks to prevent officers to whom decisions have been delegated from approving planning applications which would (1) require land outside of the boundary of a local plan, or (2) build at a lower density of housing than prescribed within a local plan.</p>

103ZB

Clause 51, page 67, line 33, leave out “regulations” and insert “guidance”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

24

Clause 4, page 8, line 22, leave out paragraph (a)

25

Clause 4, page 8, line 26, leave out paragraph (e)

103ZC

Clause 51, page 67, line 37, leave out from beginning to end of line 11 on page 68

<p>This amendment removes the power of the Secretary of State to make regulations relating to the size and composition of committees or sub-committees discharging relevant planning functions.</p>

103ZD

Clause 51, page 67, line 38, leave out “by regulations prescribe” and insert “issue guidance that prescribes”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

253A

Clause 55, page 92, line 29, at end insert—<br> “(9) The Secretary of State may, by regulations, set out—<br> (a) the circumstances in which an EDP, in addition to any environmental features identified pursuant to subsection (1), may be required to also be accompanied by specified biodiversity information for the area in which development is contemplated from specified organisations;<br> (b) those organisations from which information must be obtained pursuant to paragraph (a), and what fees those organisations may charge for the collection and retrieval of that information;<br> (c) what flora, fauna, or other biodiversity information that must encompass;<br> (d) that any new biodiversity information generated while making an EDP or for any connected purpose must be contributed at no cost to specified organisations;<br> (e) those organisations to which biodiversity information must be contributed pursuant to paragraph (d).”

<p>To ensure that planning applications use the best available biodiversity information, and that biodiversity information generated in the course of planning applications is added to the national knowledge-bank.</p>

253B

Clause 55, page 92, line 29, at end insert—<br> “(9) In designing, creating, implementing, monitoring or enforcing any EDP, Natural England, or any other body undertaking some or all of these functions, must ensure that legal obligations concerning notifiable weeds under the Weeds Act 1959 and the associated Code of Practice, including ragwort, are publicised, observed and enforced, including ensuring that all reasonable steps are taken to remove and destroy such plants.”

<p>This amendment clarifies the legal obligation on landowners and occupiers to report, control and remove notifiable weeds on land acquired for an EDP. The amendment specifically refers to ragwort, which is poisonous to livestock and has spread rapidly in recent years.</p>

103ZE

Clause 51, page 68, line 6, leave out “regulations” and insert “guidance”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

103ZF

Clause 51, page 68, line 14, leave out “regulations”, and insert “guidance”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

253C

Clause 55, page 92, line 29, at end insert—<br> “(9) An EDP must not disrupt existing arrangements for the liability to or provision of offset for biodiversity net gain.”

<p>This amendment seeks to probe the intersection of EDPs and biodiversity net gain.</p>

103ZG

Clause 51, page 68, line 24, leave out “Regulations” and insert “Guidance”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

29

Clause 5, page 9, leave out line 7

<p>This amendment seeks to probe the hierarchy of considerations and understand what other information may be prescribed, and whether there will be limits to this.</p>

103A

Clause 51, page 68, leave out lines 31 to 33

<p>This amendment probes the rationale for making guidance on the scope, size and composition of the national scheme of delegation subject to regulation, rather than setting it out in primary legislation.</p>

103AA

Clause 51, page 68, line 31, leave out “regulations” and insert “guidance”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

31

Clause 5, page 9, leave out line 16

<p>This amendment and another in the name of the Baroness Scott of Bybrook seeks to probe the hierarchy of considerations and understand what other information may be prescribed, and whether there will be limits to this.</p>

103B

Clause 51, page 68, leave out lines 34 to 37

<p>This amendment probes the rationale for making guidance on the scope, size and composition of the national scheme of delegation subject to regulation, rather than setting it out in primary legislation.</p>

103C

Clause 51, page 68, line 35, leave out “regulations” and insert “guidance”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

103D

Clause 51, page 68, line 40, leave out “making regulations”, and insert “issuing guidance”

<p>This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.</p>

256ZA

Clause 57, page 93, line 2, leave out subsections (1) and (2) and insert—<br> “(1) An EDP must—<br> (a) describe the conservation status of each identified environmental feature as at the EDP start date, and<br> (b) set out conservation measures that have taken all reasonable steps to avoid harm to environmental features first, mitigate harm to environmental features if avoidance of harm is not reasonably practicable, or, as a last resort, compensate for harm to environmental features.<br> (2) An EDP must set out—<br> (a) how the conservation measures have insofar as is reasonably practicable followed the mitigation hierarchy as set out in section 57(1)(b),<br> (b) why the conservation measures are considered appropriate, and<br> (c) what alternatives to the conservation measures were considered by Natural England and why they were not included.”

<p>As currently drafted, the Bill does not apply the mitigation hierarchy to the conservation measures set out in EDPs drafted by Natural England. The amendment seeks to ensure Natural England would first consider measures to avoid or mitigate damage to protected habitats before favouring the provision of compensation (replacement) habitats.</p>

33

Clause 5, page 9, leave out lines 32 to 41

<p>This amendment seeks to probe whether the provisions in this Bill will remain applicable following English council reorganisation, and whether the Government has considered the potential need to revisit or revise the Bill in light of such changes.</p>

256A

Clause 57, page 93, line 5, leave out “the conservation measures are considered” and insert “Natural England considers the conservation measures to be”

<p>This would be a minor drafting change to align the style of paragraph (a) of clause 57(2) with that of paragraph (aa) (as inserted by my another of my amendments to clause 57) and paragraph (b).</p>

256B

Clause 57, page 93, line 5, at end insert—<br> “(aa) Natural England’s opinion on how the conservation measures will enable the EDP to pass the overall improvement test, and”

<p>This amendment would require an EDP to expressly state how Natural England considers the conservation measures will enable the EDP to pass the overall improvement test.</p>

105

Clause 51, page 69, line 24, at end insert—<br> “(3) In section 333 of the Town and Country Planning Act 1990 (regulations and orders), after subsection (3ZAA), insert—<br> “(3ZAB) No regulations may be made under sections 319ZZC or 319ZZD unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.””

<p>This amendment would require that the regulations for a national scheme of delegation of planning decisions should be made by an affirmative resolution procedure.</p>

36

Clause 5, page 10, leave out lines 19 to 24 and insert—<br> “(1) The Secretary of State must issue guidance setting out best practice for voluntary engagement by applicants with—<br> (a) local authorities,<br> (b) statutory consultees, and<br> (c) affected communities,<br> <span class="wrapped">in connection with proposed applications for orders granting development consent.</span><br> (2) The guidance under subsection (1) may include—<br> (a) principles of proportionate engagement based on the scale and impact of the proposed development,<br> (b) recommended steps for communicating with relevant stakeholders, and<br> (c) examples of information that may be shared voluntarily at the pre-application stage.<br> (3) An applicant is encouraged, but not required, to demonstrate how they have had regard to the guidance issued under this section.<br> (4) A local planning authority may publish advisory expectations for engagement with applicants in its area, provided that—<br> (a) such expectations are not legally binding, and<br> (b) do not impose or purport to impose statutory duties or conditions on applicants.”

<p>This amendment seeks to probe what guidance the Government might publish in place of that previously issued under sections 42 to 49 of the Planning Act 2008, repealed by this Bill. It makes provision for voluntary guidance, which seeks to reduce regulatory burdens on applicants and aims to preserve flexibility.</p>

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 51 stand part of the Bill.</i>

<p>This would remove the provision allowing for the delegation of planning decisions in England. Specifically, it would prevent the Secretary of State from making regulations that would specify which planning functions may be delegated to planning officers.</p>

258

Clause 57, page 93, line 7, at end insert—<br> “(c) which private market solutions were explored to address an environmental impact on an identified environmental feature, and why no existing and available private market solution was deemed sufficient or suitable.”

<p>This amendment, connected to others in the name of Lord Curry of Kirkharle, seeks to ensure that private market solutions can contribute to the implementation of Part 3 of the Bill, ensuring that developers can pursue mitigation strategies on their own sites and that private sector investment in nature is protected.</p>

37

Clause 5, page 10, line 24, at end insert—<br> “(3) Any guidance issued under this section must be reviewed by the Secretary of State within two years of its publication, and may be revised or withdrawn where the Secretary of State reasonably considers it to be no longer necessary.”

<p>This amendment seeks probe the contents of these regulations and to keeps regulations lean and time-limited.</p>

258A

[<i>Withdrawn</i>]<br>Clause 57, page 93, line 7, at end insert—<br> “(c) how the conservation measures comply with the principles of the mitigation hierarchy.”

258B

Clause 57, page 93, line 7, at end insert—<br> “(2A) Where an EDP includes conservation measures of the type mentioned in section 55(4) (network conservation measures), it must state how, in the opinion of Natural England, the measures comply with the requirement in section 55(4A) (network measure to make a greater contribution to improvement of conservation status of the feature than onsite measure).”

<p>This amendment would require that, where an EDP includes network conservation measures, it must state how Natural England considers that these meet the requirement in section 55(4A) (inserted by my amendment to clause 55 at page 92 line 12) that they are more effective than onsite measures.</p>

40

Clause 5, page 11, line 5, leave out subsection (11)

<p>This amendment seeks to probe the Government on the technical reasons for the proposed repeal of certain sections of the Localism Act 2011 and the Marine and Coastal Access Act 2009.</p>

204

[<i>Withdrawn</i>]<br>After Clause 96, insert the following new Clause—<br> <b>“Mayoral development corporations outside Greater London</b><br> (1) Section 196 of the Localism Act 2011 (interpretation of chapter) is amended as follows.<br> (2) In the definition of “the Mayor”, at end insert “and other mayors of established mayoral strategic authorities;”.<br> (3) After the definition of “MDC”, insert—<br> “(2) For the purposes of this section, the Secretary of State may be regulations specify which mayoral strategic authorities are to be regarded as established for the purposes of this Chapter.<br> (3) References to “Greater London” in this Chapter are to be interpreted to mean the area of each mayor in relation to the area of that mayoral strategic authority.<br> (4) References to the “London Assembly” in this Chapter are to be interpreted to mean the constituent councils of the mayoral strategic authority in relation to each MDC established outside Greater London.<br> (5) In relation to the designation of an area of land in a mayoral strategic authority as a mayoral development area, the persons who have to be consulted include—<br> (a) constituent councils in the strategic authority area;<br> (b) each Member of Parliament whose constituency contains any part of the area;<br> (c) members of the strategic authority;<br> (d) any other person whom the mayor considers it appropriate to consult.<br> (6) The Secretary of State may, by regulations, make consequential amendments to this Act as may be required to reflect that mayors of established strategic authorities are to have functions comparable to those of the Mayor of London and Greater London in relation to mayoral development corporations in their area.”.”

<p>This amendment would extend the same powers to propose Mayoral Development Corporations to mayors in all established mayoral strategic authorities as are presently available to the Mayor of London and, with certain restrictions, to certain other metro mayors.</p>

258C

Clause 57, page 93, line 7, at end insert—<br> “(2A) When Natural England decides to prepare an EDP it must—<br> (a) demonstrate that there is measurable scientific evidence to inform the implementation of conservation measures as part of an EDP which could contribute to a significant environmental improvement in the conservation status of the relevant environmental feature,<br> (b) be able to establish sufficient baseline data on the relevant environmental features to enable an accurate evaluation of the current ecological conditions within the EDP and the environmental impact of development on identified environmental features, and<br> (c) take account of the environmental principles set out in Section 17 of the Environment Act 2021 and publish a statement explaining how it has done so.”

<p>This amendment seeks to ensure that EDPs are grounded in scientific evidence and ecological baselines, to ensure that they clearly deliver measurable outcomes for nature and that they take account of the Environmental Principles.</p>

205

[<i>Withdrawn</i>]<br>After Clause 96, insert the following new Clause—<br> <b>“Commencement of provisions in Levelling-up and Regeneration Act 2023 relating to development corporations for locally-led new towns</b><br> The Secretary of State must, by regulations under section 255(7) of the Levelling-up and Regeneration Act 2023, bring sections 171(1) to (6), 172 and 173 of the Levelling-up and Regeneration Act 2023 into force two months after the day on which this Act is passed.”

<p>This amendment would bring into force provisions in LURA providing for locally led (i.e. proposed by local authorities) new town corporations.</p>

260A

Clause 57, page 93, line 19, leave out “58(2) and (3)” and insert “(<i>General duties when exercising functions relating to EDPs</i>)(3) and (4)”

<p>This amendment is consequential on my amendment leaving out clause 58 and my amendment inserting a new clause before clause 88.</p>

45

Clause 6, page 13, line 23, at end insert—<br> “(7A) Where the Secretary of State decides not to accept an application under subsection (2) and (5), the Secretary of State must publish the reasons for the decision and identify the relevant statutory or regulatory basis.”

<p>This amendment seeks to increase transparency and protect developers from arbitrary rejection.</p>

261A

Clause 57, page 93, line 23, at end insert—<br> “(6A) An EDP must pay due regard to the welfare of animals, where “animal” has the meaning given by section 5(1) of the Animal Welfare (Sentience) Act 2022.”

<p>This amendment seeks to ensure that animal welfare is considered when Environmental Delivery Plans are produced. It addresses the concerns raised by the government's Animal Sentience Committee in their June 2025 letter to Ministers, that the Bill as drafted does not pay due regard to the welfare of sentient animals.</p>

46

After Clause 9, insert the following new Clause—<br> <b>“Applications for development consent: low carbon energy infrastructure</b><br> After section 35A in the Planning Act 2008 (timetable for deciding request for direction under section 35) insert—<br> <b>“35B</b> <b>Representations by relevant authorities, net zero and sustainable development</b><br> (1) In relation to relevant nationally significant infrastructure projects, relevant authorities should have special regard to the matters in subsection (5) when carrying out the activities in subsection (6).<br> (2) The relevant nationally significant infrastructure projects are —<br> (a) the construction or extension of a generating station within the meaning of section 14(1)(a) for the purpose of low carbon electricity generation, or<br> (b) the installation of an electric line above ground within the meaning of section 14(1)(b) for the conveyance of electricity generated by a station in subsection (a).<br> (3) For the purposes of subsection (2)(b) it does not matter whether the electric line is also used or intended for use in connection with the conveyance of electricity generated from other sources.<br> (4) The relevant authorities are—<br> (a) the conservation bodies in section 32 of the Natural Environment and Rural Communities Act 2006 (UK conservation bodies),<br> (b) the Environment Agency, and<br> (c) such other bodies as may be prescribed in regulation by the Secretary of State.<br> (5) The matters referred to in subsection (1) are the need to contribute towards—<br> (a) achieving compliance by the Secretary of State with part 1 of the Climate Change Act 2008 (Carbon target and budgeting),<br> (b) the achievement of biodiversity targets under sections 1 to 3 of the Environment Act 2021,<br> (c) adapting to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008, and<br> (d) achieving sustainable development.<br> (6) The activities referred to in subsection (1) are any representations under Part 5 and Part 6.<br> (7) In discharging their duty under subsection (1), the relevant authorities must have regard to any guidance given from time to time by Secretary of State.<br> (8) In this section “low carbon electricity generation” has the meaning given in section 6(3) of the Energy Act 2013.””

46A

Clause 11, page 17, line 28, at end insert—<br> “(4A) In section 104(2)(b) of the Planning Act 2008 (decisions in cases where national policy statement has effect) at end insert—<br> “(ba) any Environmental Delivery Plan made under the Planning and Infrastructure Act 2025 which has effect in relation to development of the description to which the application relates,””

<p>This amendment seeks to ensure that when determining whether planning consent should be granted for a Nationally Significant Infrastructure Project, the Secretary of State must take into account any EDP applying to the land which will be developed.</p>

262A

Clause 57, page 93, line 24, leave out from first “the” to end of line 27 and insert “EDP (see section 76(4) and (5)).”

<p>This amendment is consequential on my amendment to clause 76 inserting a new subsection (4).</p>

47

Clause 12, page 18, line 10, leave out subsection (2)

<p>This amendment removes the requirement for all planning appeals to be considered at a hearing.</p>

48

Clause 12, page 18, line 17, at end insert—<br> “(3) Section 13 of the Planning Act 2008 (legal challenges relating to national policy statements) is amended as follows—<br> (a) omit subsection (2);<br> (b) after subsection (6) insert—<br> “(7) Where the Secretary of State has amended a national policy statement in circumstances where section 6(8) applied to the amendments made—<br> (a) the amended statement is not to be regarded as unlawful on the grounds of a breach of any other requirement of this Act or any other rule of law, and<br> (b) accordingly, no court may entertain proceedings in respect of the amended statement.”.”

<p>This amendment removes the ability to apply for a judicial review of a decision by the Secretary of State not to carry out a review of all or part of a national policy statement; and it also provides that where a national policy statement has been amended where the changes are not material and/or are reflective of published government policy, changed legislation or court judgments, the amended national policy statement may not be subject to legal challenge in any court.</p>

49

Clause 12, page 18, line 17, at end insert—<br> “(3) In section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent) for “A court”, in each place it occurs, substitute “The High Court”.”

<p>This amendment seeks to give legal clarity that certain legal challenges are to be made to the High Court.</p>

264A

Clause 57, page 93, line 27, at end insert—<br> “(8A) An EDP must be prepared in respect of any development involving the construction of overhead powerlines which have been given planning consent under section 37 of the Electricity Act 1989 (consent required for overhead lines) or the Planning Act 2008.”

265

Clause 57, page 93, line 29, at end insert—<br> “(10) An EDP must include an implementation schedule setting out when each conservation measure must be taken.<br> (11) A schedule under subsection (10) must ensure that, where the development to which the EDP applies is, in Natural England’s opinion, likely to cause any irreversible damage to—<br> (a) the integrity of a protected site network,<br> (b) an ecosystem, or<br> (c) a species population,<br> <span class="wrapped">the corresponding conservation measures result in an overall improvement in the conservation status of any relevant features and ecosystems prior to the damage being caused.</span><br> (12) In preparing a schedule under subsection (10) Natural England must take into account the precautionary principle and the prevention principle and publish a statement explaining how it has done so.”

<p>This amendment specifies a timetable for EDP benefits and requires an implementation schedule that guarantees EDP conservation measures deliver benefits, and ensures that compensation should be delivered upfront in the case of damage to the integrity of protected sites or species populations, as determined by Natural England.</p>

52

After Clause 12, insert the following new Clause—<br> <b>“Decisions in cases of development consent orders for critical national priority projects</b><br> (1) In the Planning Act 2008, after section 117 insert—<br> <b>“117A</b> <b>Orders granting development consent: critical national priority projects</b><br> (1) The Secretary of State may determine that an application for development consent relates to a project that is a critical national priority.<br> (2) The Secretary of State may only make a determination under subsection (1) if requested in writing to do so by the applicant for development consent.<br> (3) Where the Secretary of State makes an order granting development consent for a project that they have determined under subsection (1) to be a critical national priority—<br> (a) the Secretary of State must set out the reasons for the determination in the statement of reasons referred to in section 116(1), and<br> (b) Schedule 3A applies in relation to the order granting development consent.”<br> (2) After Schedule 3 to the Planning Act 2008, insert—<br> <span class="num-note"><span class="num">“Schedule 3A</span><span class="note">Section 117A(2)(b)</span></span><br> <span class="schedule-heading">PARLIAMENTARY CONFIRMATION OF ORDERS GRANTING DEVELOPMENT CONSENT FOR CRITICAL NATIONAL PRIORITY PROJECTS</span><br> <i class="text-centre">Orders granting development consent subject to this Schedule</i><br> 1 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">An order granting development consent to which this Schedule applies may only come into force if approved by an Act of Parliament passed in accordance with this Schedule.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Sections 130 to 132 (special parliamentary procedure in relation to National Trust land, commons, open spaces, etc) do not apply to an order granting development consent to which this Schedule applies.</span></span><br> <i class="text-centre">Introduction of order confirmation Bill</i><br> 2 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">As soon as practicable after making an order granting development consent to which this Schedule applies, the Secretary of State must introduce into Parliament a Bill for confirmation of the order, which is to be treated as a public Bill.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The Bill must include the order as a Schedule to the Bill and must be accompanied by an Environmental Report prepared by the Secretary of State.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The Environmental Report mentioned in sub-paragraph (2) must set out a summary of the likely significant effects on the environment of the project granted development consent by the order and the main measures proposed to be taken to avoid, reduce and, if possible, offset the major adverse effects of the project.</span></span><br> <i class="text-centre">Petitions against order confirmation Bill</i><br> 3 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">If, within the period of 21 days beginning with the day on which a Bill to which this Schedule applies is introduced into either House of Parliament, a petition is deposited against the Bill in that House, the petition stands referred to the Chairmen for examination in accordance with this paragraph and Standing Orders.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Within the period of seven days beginning with the day on which any such petition is deposited, the Secretary of State responsible for the Bill or the applicant for the order may deposit a memorial objecting to the petition, or any part of the petition, being certified as proper to be received, stating specifically the grounds of their objection.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">As soon as practicable after the expiration of the period of seven days mentioned in sub-paragraph (2), the Chairmen must take into consideration all petitions referred to them under sub-paragraph (1) and any memorial deposited under sub-paragraph (2), and if the Chairmen are satisfied with respect to any such petition that the provisions of this paragraph and of Standing Orders have been complied with in respect of the petition, or part of the petition, they must certify that the petition or the specified part of it, is proper to be received.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The Chairmen must not certify that a petition, or any part of a petition, is proper to be received if the petition or part of the petition relates to matters considered during the examination of the application for the order conducted under Chapter 4 of Part 6 of this Act and subsequently by the Secretary of State under Chapter 5 of that Part, other than matters relating to sections 130 to 132 (special parliamentary procedure in relation to National Trust land, commons, open spaces, etc).</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In respect of every Bill to which this Schedule applies, the Chairmen must report whether any petitions have been presented against it and, if so, what petitions or parts of them, have been certified as proper to be received and whether any amendment to the Bill proposed by the petitions would, if made, alter the scope of the Bill or affect the interests of persons other than the petitioners; and subject to Standing Orders, every such report must be laid before both Houses of Parliament.</span></span><br> <i class="text-centre">Proceedings following petitioning period</i><br> 4 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">Where a petition or part of a petition has been certified by the Chairmen under paragraph 3 as proper to be received, the Bill—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">after being read a second time in the House in which it is presented, is to be referred to a joint committee of both Houses of Parliament for the purposes of the consideration of that petition or part of it, except where either House has resolved within the period of 21 days beginning with the date on which the report of the Chairmen referred to in paragraph 3 is laid before it, that the petition or part of the petition should not be so referred,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after it has been reported by the joint committee, is to be ordered to be considered in the House in which it was presented as if it had been reported by a committee of that House, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">when it has been read a third time and passed by that House, is to be treated as having passed through all its stages up to and including committee stage in the second House.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">A joint committee shall consist of three members of the House of Commons and three members of the House of Lords, in each case to be nominated by the House’s Committee of Selection within 10 sitting days of the Chairmen’s report having been laid before both Houses of Parliament under paragraph 3.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Where no such petition or part of any petition has been so certified by the Chairmen under paragraph 3 as proper to be received—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the Bill is, after its presentation, to be treated as having passed all its stages up to and including committee in the House in which it is presented,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the Bill is to be ordered to be considered in that House as if it had been reported from a committee of that House, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">when the Bill has been read a third time and passed in that House, the like proceedings on the Bill are to be deemed to have been taken, and to be taken, in the second House.</span></span><br> <i class="text-centre">Powers and proceedings of joint committee</i><br> 5 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">Where any petition or part of a petition against a Bill to which this Schedule applies is referred to a joint committee under paragraph 4, the Bill is to stand referred to that committee for the purpose of the consideration of the petition or part of the petition, and the committee must report the Bill either without amendment or with such amendments as they think expedient to give effect, either in whole or in part, to the petition or to the part of the petition, and with such consequential amendments, if any, as they think appropriate.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The joint committee must conduct its consideration of the Bill and of all petitions and counter-petitions in accordance with any instruction given by the House concerned after second reading of the Bill, and must report the Bill in accordance with any programme set out in the instruction.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Subject to Standing Orders, the report of the joint committee is to be laid before both Houses of Parliament.</span></span><br> <i class="text-centre">Costs</i><br> 6 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">A joint committee considering a Bill to which this Schedule applies has the same power to award costs as a select committee of either House in relation to a Provisional Order Bill under sections 9 to 12 of the Parliamentary Costs Act 2006 (as a result of section 15(4) and (5) of that Act); and sections 9 to 12 of that Act apply accordingly subject to any necessary modifications.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Sections 2 to 8, 13 and 14 of that Act apply with any necessary modifications to costs incurred in respect of a Bill to which this Schedule applies, as they apply to costs incurred in respect of a private Bill.</span></span><br> <i class="text-centre">Standing Orders</i><br> 7 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">Except as may be provided by Standing Orders made under sub-paragraph (2), the Private Business Standing Orders, and the custom and practice of Parliament relating to private business, do not apply to a Bill to which this Schedule applies.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Standing Orders may be made by the House of Commons and the House of Lords for any purpose relating to the provisions of this Schedule, to the extent they are compatible with this Schedule, and in particular—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">for regulating the manner in which petitions against a Bill to which this Schedule applies must be framed and deposited,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">for regulating the manner in which memorials relating to petitions against a Bill to which this Schedule applies must be framed and deposited,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">for extending the periods prescribed by this Schedule in relation to the deposit of petitions and memorials in any case where either period expires on a day on which the House concerned is adjourned for more than four days,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">for providing, in the case of any amendment to a Bill proposed by a petition, for a counter-petition to be deposited by any person or body whose interests would be adversely affected by the amendment; and for prescribing the cases in which a counter-petitioner has the right to be heard before the joint committee, and the cases in which the counter-petitioner may be allowed to be heard by the joint committee if the committee thinks fit,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">for the withdrawal of petitions, memorials and counter-petitions,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(f)</span><span class="sub-para-text">for enabling the functions of the Chairmen under this Schedule to be performed by any deputy appointed in accordance with Standing Orders,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(g)</span><span class="sub-para-text">for regulating the proceedings of the Chairmen in connection with the examination of petitions and memorials under this Schedule,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(h)</span><span class="sub-para-text">for prescribing the cases in which a petitioner whose petition, or any part of the petition, has been certified as proper to be received, has the right to be heard before the joint committee, and the cases in which the petitioner may be allowed to be heard before the joint committee, and for enabling the Chairmen to determine in the case of any particular petition whether the petitioner has such a right to be heard or may be allowed to be heard by the Chairmen,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">for prescribing the quorum of any joint committee, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(j)</span><span class="sub-para-text">for regulating the proceedings of any joint committee.</span></span><br> <i class="text-centre">Effect of order confirmation Act</i><br> 8 <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">Any Act of Parliament made with reference to this Schedule is a public Act of Parliament that may not to be questioned in any court or tribunal.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In the case of any order granting development consent confirmed by an Act of Parliament made with reference to this Schedule, any reference in this Act to the date when an order granting development consent has been made, published or comes into force, and any reference in the order to when it was made, published or came into force, is instead to be taken as being the date on which the Bill for the Act receives Royal Assent.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Section 134 of this Act applies to any order granting development consent confirmed by an Act of Parliament made with reference to this Schedule with the following further modifications—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in section 134(7) after “A compulsory acquisition notice is a notice” omit “in the prescribed form”, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">omit section 134(7)(d).</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">In all other respects any order granting development consent that is confirmed by an Act of Parliament made with reference to this Schedule is to be treated as an order granting development consent.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In particular, an order granting development consent confirmed by an Act of Parliament made with reference to this Schedule may be—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">corrected through the exercise of the power contained in section 119, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">changed or revoked in accordance with section 153 and Schedule 6.</span></span><br> <i class="text-centre">Non-justiciability of proceedings in Parliament</i><br> 9 A court or tribunal may not question any Bill or proceedings in Parliament that purport to be conducted in accordance with this Schedule.<br> <i class="text-centre">Interpretation</i><br> 10 In this Schedule—<br> “the Chairmen” means the Chairman of Ways and Means and the Chairman of Committees,<br> “the Chairman of Committees” means the Chairman of Committees of the House of Lords, and includes any deputy acting on their behalf in accordance with Standing Orders,<br> “the Chairman of Ways and Means” means the Chairman of Ways and Means in the House of Commons, and includes any deputy acting on their behalf in accordance with Standing Orders,<br> “joint committee” means the joint committee to whom a Bill is referred under paragraph 4,<br> “the order” means the order granting development consent proposed to be confirmed by the Bill mentioned in paragraph 2,<br> “the Private Business Standing Orders” means the Standing Orders of the House of Commons relating to Private Business 2019 ordered to be printed on 19 December 2019, and the Standing Orders of the House of Lords relating to Private Business 2018 ordered to be printed on 18 December 2017, and<br> “Standing Orders” means standing orders of the House of Lords and of the House of Commons made under paragraph 7(2).”.<br> (3) After section 118(1) of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), insert—<br> “(1A) Subsection (1) does not apply to an order granting development consent for a project that has been determined under section 117A to be a critical national priority and to which the provisions of Schedule 3A therefore apply, and accordingly such an order is not to be questioned in any court.”.”

<p>This Clause would permit the Secretary of State, at the request of an applicant for a development consent order, to treat the application as being one relating to a critical national priority project. Any such order made by the Secretary of State would not come into force until it had been confirmed by an Act of Parliament, which in the normal way would not be subject to legal challenge in the courts. Once confirmed by such an Act, subject to some necessary modifications, the development consent order concerned would be treated like any other development consent order and could be changed or revoked through the existing procedures contained in the Planning Act 2008.</p>

266

Clause 58, page 93, line 31, at end insert—<br> “(A1) Natural England may only decide to prepare an EDP for a protected feature if it can demonstrate that implementing conservation measures as part of an EDP could contribute to a significant environmental improvement in the conservation status of the relevant environmental feature at an ecologically appropriate scale.”

<p>This amendment would limit the preparation of EDPs to cases where proposed measures can demonstrably achieve significant environmental improvements in the conservation status of an environmental feature at an appropriate ecological scale.</p>

53

After Clause 12, insert the following new Clause—<br> <b>“Repeal of section 150 of the Planning Act 2008</b><br> Section 150 (removal of consent requirements) of the Planning Act 2008 is repealed.”

<p>This Clause repeals section 150 of the Planning Act 2008, so as to allow the Secretary of State to decide, when making a Development Consent Order, the extent to which it is necessary and appropriate for the Order to remove a requirement for a specified consent or authorisation to be granted for the development concerned, as opposed to the person or body which would otherwise be required to grant the consent or authorisation making that decision before the Order is made.</p>

268

Clause 58, page 93, line 32, leave out “When” and insert “The Secretary of State must provide guidance to Natural England stating that existing private market solutions should be prioritised over an EDP, if the solutions can fully address and mitigate an identified environmental feature within a development, without delay to the planning process.<br> (1A) Natural England must have regard to the guidance in subsection (1) and if”

<p>This amendment, connected to others in the name of Lord Curry of Kirkharle, seeks to ensure that private market solutions can contribute to the implementation of Part 3 of the Bill, ensuring that developers can pursue mitigation strategies on their own sites and that private sector investment in nature is protected.</p>

53A

After Clause 12, insert the following new Clause—<br> <b>“Whistleblowing and oversight body for nationally significant infrastructure projects</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed, by regulations establish an independent body for the purpose of receiving and investigating protected disclosures in connection with nationally significant infrastructure projects.<br> (2) The body must have responsibility for—<br> (a) receiving disclosures of information from individuals or organisations relating to suspected misconduct, mismanagement, breach of environmental regulations, or any other matter of public interest connected to nationally significant infrastructure projects;<br> (b) assessing whether such disclosures fall within its remit and merit investigation;<br> (c) undertaking investigations where appropriate and referring matters to relevant regulatory, law enforcement, or oversight bodies;<br> (d) providing advice and guidance to individuals considering making protected disclosures in relation to such projects;<br> (e) reporting to the Secretary of State on the nature, volume, and outcome of disclosures received, with appropriate protections for confidentiality and whistleblower anonymity;<br> (f) establishing and maintaining a framework setting out the protections afforded to whistleblowers, including remedies for individuals who suffer detriment as a result of making a disclosure, and procedures for seeking redress.<br> (3) For the purposes of this section, “protected disclosures” are those that meet the conditions set out in section 43B of the Employment Rights Act 1996 (disclosures qualifying for protection), as they relate to the planning, development, or operation of nationally significant infrastructure projects.<br> (4) The Secretary of State may by regulations make further provision about—<br> (a) the governance structure of the body;<br> (b) the process and criteria for assessing disclosures;<br> (c) collaboration between the body and other statutory regulators or planning authorities.<br> (5) Regulations under this section are to be made by statutory instrument.<br> (6) A statutory instrument containing 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.”

<p>This new Clause would require the Secretary of State to establish an independent body to receive and investigate whistleblowing disclosures relating to nationally significant infrastructure projects, including responsibilities for oversight, guidance, referral, and protections for whistleblowers.</p>

53B

After Clause 12, insert the following new Clause—<br> <b>“Removal of duplicative regulatory justification decisions</b><br> (1) Where a specified consent is granted for a nuclear generating station—<br> (a) the practice of the generation of electricity or heat from that nuclear generating station which is so consented is deemed to be justified for the purposes of the Justification of Practices Involving Ionising Radiation Regulations 2004 (SI 2004/1769) (“the Regulations”),<br> (b) the decision to grant a specified consent is deemed to be a justification decision for the purposes of the regulations, and<br> (c) without limitation to sub-paragraphs (a) and (b), regulations 14, 17, and 18 of the Regulations do not apply.<br> (2) Where a specified consent is granted by a person other than the Secretary of State, regulation 19(2) of the Regulations is to be construed as though that provision applied to that person.<br> (3) Nothing in a national policy statement designated under section 6 of the Planning Act 2006 (review) prior to this Act coming into force affects the operation of this section, and any national policy statement designated prior to this Act coming into force is to be construed so as to give effect to subsection (1).<br> (4) Nothing in this section affects any power to review, take enforcement action in respect of, or otherwise vary (with conditions or otherwise), a justification decision under the Regulations.<br> (5) In this section—<br> “nuclear generating station” means a nuclear installation used, or proposed to be used, for the purpose of generating electricity or heat with a view to giving a supply to any premises or enabling a supply to be given;<br> “nuclear installation” means any installation the operation of which requires a licence under section 1 of the Nuclear Installations Act 1965;<br> “specified consent” means a licence under the Nuclear Installations Act 1965, permission under Part 3 the Town and Country Planning Act 1990, development consent under the Planning Act 2008, or a consent under the Infrastructure (Wales) Act 2024 (provided, in the case of that consent, the Welsh Government provides an approval for the purposes of this section), or any other equivalent planning or land use approval, permission or consent for the development of a nuclear generating station.”

<p>Before a nuclear power station is built (and in addition to the planning process) an assessment must be made of whether the social, economic or other benefits outweigh the health detriment of ionising radiation. This amendment seeks to disapply the need for this assessment where planning consent is given.</p>

270A

Clause 58, page 93, line 38, at end insert—<br> “(ca) any local nature recovery strategies, and”

271

Clause 58, page 94, line 1, at end insert “so far as Natural England considers them to be relevant.”

<p>This amendment – one of a pair in the name of Lord Teverson – seeks to ensure that, when preparing an EDP, Natural England must have regard to all plans listed in subsections (2)(a) to (2)(c), rather than just those that it considers to be relevant.</p>

272

Clause 58, page 94, leave out line 2

<p>This amendment – one of a pair in the name of Lord Teverson – seeks to ensure that, when preparing an EDP, Natural England must have regard to all plans listed in subsections (2)(a) to (2)(c), rather than just those that it considers to be relevant.</p>

220

[<i>Withdrawn</i>]<br>After Clause 106, insert the following new Clause—<br> <b>“Duty to complete development of local infrastructure</b><br> (1) This section applies where—<br> (a) a Development Consent Order is made providing for, or<br> (b) a Strategic Development Scheme includes provision for,<br> <span class="wrapped">the development of local infrastructure.</span><br> (2) Where subsection (1) applies, the developer must deliver the relevant local infrastructure in full.<br> (3) For the purposes of this section, “local infrastructure” has such meaning as the Secretary of State may specify, but must include—<br> (a) schools,<br> (b) nurseries, and<br> (c) General Practice clinics.<br> (4) A duty under this section may be disapplied with the consent of the relevant local planning authority.”

<p>This new clause aims to ensure that commitments to provide local infrastructure such as schools and GP clinics, approved as part of a development, are permanent and legally binding.</p>

275

Clause 58, page 94, line 2 at end insert—<br> “(2A) Natural England, having followed the mitigation hierarchy, may only decide to prepare an EDP for a protected feature if it can demonstrate that implementing conservation measures as part of an EDP would contribute to a significant environmental improvement in the conservation status of the relevant environmental feature at an ecologically appropriate scale.”

<p>This amendment ensures that Natural England uses the mitigation hierarchy to assess the appropriateness of the EDP itself in the first instance, before then limiting the preparation of EDPs to cases where proposed measures can demonstrably achieve significant environmental improvements in the conservation status of an environmental feature at an appropriate ecological scale.</p>

185I

[<i>Withdrawn</i>]<br>After Clause 52, insert the following new Clause—<br> <b>“Duty and guidance for public authorities: cooperation and coordination during development of community infrastructure</b><br> (1) The Secretary of State, after consulting such persons as they consider appropriate, must publish best practice guidance for public authorities to follow during the development of community infrastructure.<br> (2) The Secretary of State must publish guidance under subsection (1) within six months of the day on which this Act is passed.<br> (3) Guidance issued under subsection (1) must include best practice for ensuring coordination and cooperation between public authorities and—<br> (a) schools,<br> (b) cultural organisations,<br> (c) local businesses,<br> (d) local communities,<br> (e) the social sector, including charities,<br> (f) Integrated Care Boards (ICB),<br> (g) NHS trusts, and<br> (h) any such person or organisation as the Secretary of State considers appropriate,<br> <span class="wrapped">in the development of community infrastructure.</span><br> (4) Public authorities have a duty to follow guidance issued under subsection (1).<br> (5) Within one year of the guidance under subsection (1) being issued, and annually thereafter, public authorities must publish a report assessing their compliance with the best practice guidance during the development of community infrastructure.<br> (6) For the purposes of this section, “community infrastructure” includes—<br> (a) housing,<br> (b) hospitals,<br> (c) schools,<br> (d) parks and recreation areas, and<br> (e) any such infrastructure or development as the Secretary of State considers appropriate.”

<p>This amendment would place a duty on public authorities to follow best practice guidance for cooperation and coordination with local communities, issued by the Secretary of State, during the development of community infrastructure.</p>

275A

Clause 58, page 94, line 2, at end insert—<br> “(2A) In preparing an EDP, Natural England must have regard to its effect on the ability of smaller developers and housebuilders to develop land for residential dwellings and for such developments to be economically viable.”

<p>This probing amendment seeks to ensure that EDPs do not place any excessive burdens on smaller developers and construction firms.</p>

277A

Clause 58, page 94, line 9, at end insert—<br> “(3A) Natural England may not be expected to prepare more than four EDPs within the period of one year from the day on which this section comes into force.<br> (3B) Natural England may not be expected to prepare more than 12 EDPs within the period of two years from the day on which this section comes into force.<br> (3C) Natural England may produce more than four EDPs in the first year of this section coming into force and eight in the second year of this section coming into force if Natural England has the capacity to do so.”

278A

Clause 59, page 94, line 28, at end insert—<br> “(A1) When Natural England decides to prepare an EDP, it must—<br> (a) notify the Secretary of State of that decision, and<br> (b) publish the notification given to the Secretary of State.”

<p>See the explanatory statement for my amendment leaving out clause 58.</p>

227D

[<i>Withdrawn</i>]<br>After Clause 106, insert the following new Clause—<br> <b>“Amendment to the Local Government Act 1972 to enhance provisions for protection of purchasers of land from local authorities</b><br> In section 128(2) of the Local Government Act 1972 (consents to land transactions by local authorities and protection of purchasers), after subsection (2) insert—<br> “(2A) Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land by any method whatsoever after 13 November 1980, then—<br> (a) in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and<br> (b) a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.<br> (2B) Any such person who acquires land to which subsection (2A) applies shall take such land free of any trusts rising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 of the Public Health Act 1875 or section 10 of the Open Spaces Act 1906 notwithstanding any failure by the relevant authority to comply with the requirements of section 122(2A) or section 123(2A) of this Act.””

<p>This amendment seeks to address the consequences of the Supreme Court’s decision in R (Shropshire) v Day [2023] AC 955 for persons who acquire former open space land from local authorities.</p>

281A

Clause 59, page 95, line 6, at end insert—<br> “(ja) any farmer who farms land which is wholly or partly within the development area,”

<p>This amendment would require Natural England to consult with farmers who will be impacted by an EDP after the EDP is prepared.</p>

281B

Clause 59, page 95, line 6, at end insert—<br> “(ja) any person who owns land which is wholly or partly within the development area,”

<p>This amendment would require Natural England to consult with landowners who will be impacted by an EDP after the EDP is prepared.</p>

72

Clause 16, page 22, leave out lines 12 and 13

<p>This amendment is a drafting correction which would remove the definition of “qualifying distribution agreement” from clause 16. The definition is unnecessary because the term is already defined for the purposes of clause 16 in clause 13(8).</p>

283A

Clause 59, page 95, line 16, leave out “28” and insert “40”

73

Clause 17, page 22, line 33, leave out from “the” to end of line 35 and insert “strategic priorities set out in the current strategy and policy statement under section 165 of this Act”

<p>This amendment, and others in the name of Lord Lansley to clause 17, would require the ISOP to have regard to the strategy and policy statement required by section 165 of the Energy Act 2023, rather than the designated strategic plan.</p>

74

Clause 17, page 23, line 8, leave out “designated strategic plans” and insert “strategic priorities set out in the current strategy and policy statement under section 165 of the Energy Act 2023”

<p>This amendment, and others in the name of Lord Lansley to clause 17, would require the ISOP to have regard to the strategy and policy statement required by section 165 of the Energy Act 2023, rather than the designated strategic plan.</p>

75

Clause 17, page 23, line 10, leave out from “section,” to end of line 13 and insert ““strategic priorities” means those set out in the most recent strategy and policy statement required by section 165 of the Energy Act 2023”

<p>This amendment, and others in the name of Lord Lansley to clause 17, would require the ISOP to have regard to the strategy and policy statement required by section 165 of the Energy Act 2023, rather than the designated strategic plan.</p>

76

Clause 17, page 23, line 17, leave out “designated strategic plans” and insert “strategic priorities”

<p>This amendment, and others in the name of Lord Lansley to clause 17, would require the ISOP to have regard to the strategy and policy statement required by section 165 of the Energy Act 2023, rather than the designated strategic plan.</p>

285A

After Clause 59, insert the following new Clause—<br> <b>“Baseline biodiversity survey of draft EDP area</b><br> (1) When preparing a draft EDP, Natural England must undertake a baseline survey of the area to assess and measure the existing biodiversity in that area.<br> (2) The Secretary of State must take the results of the survey under subsection (1) into account when assessing whether an EDP passes the overall improvement test under section 60(4).”

53C

Clause 29, page 41, line 37, at end insert—<br> “(ca) that fees charged must not exceed the reasonable cost of providing the relevant service;<br> (cb) requiring prescribed public authorities to publish annual accounts showing fee income and associated service costs;”

<p>This amendment would prevent public authorities from using the fee-charging power as a revenue-raising mechanism by limiting charges to actual service costs and requiring transparent reporting of income and expenditure.</p>

53D

Clause 29, page 42, line 12, at end insert—<br> “(k) requiring the appropriate national authority to assess whether highway authorities have sufficient financial capacity to meet the proposed fees before regulations come into force;<br> (l) for a mechanism to review and adjust fees where payment would cause financial hardship to a highway authority.”

<p>This amendment would ensure that the financial impact on highway authorities is properly assessed before fees are imposed, preventing situations where authorities cannot afford essential services or face budget crises due to unexpected charges.</p>

285AA

Clause 60, page 96, line 1, leave out “the Secretary of State considers that”

<p>This amendment would remove the Secretary of State's discretion to determine whether an EDP passes the overall improvement test in order for it to be made.</p>

285B

Clause 60, page 96, line 2, leave out “overall” and insert “evidence-based”

53E

Clause 29, page 42, line 19, at end insert—<br> “(4A) Apart from regulations made under subsection (5)(b), regulations under this section must specify—<br> (a) whether highway authorities may use their general fund, specific highway maintenance budgets, or other funding sources to pay fees charged under this section;<br> (b) whether highway authorities may recover such costs through local taxation, government grants, or other means;<br> (c) the accounting treatment required for fees paid under this section.”

<p>This amendment would clarify how highway authorities are expected to fund these new charges.</p>

79A

After Clause 17, insert the following new Clause—<br> <b>“Powerlines: presumption of burial</b><br> (1) In section 37(3) of Electricity Act 1989 (consent required for overhead lines), at end insert—<br> “(d) may not be granted unless the Secretary of State is satisfied that the burial of the powerlines—<br> (i) was the developer’s preferred and initial form of installation, and<br> (ii) is infeasible on grounds of either cost or engineering practicality.”<br> (2) The Planning Act 2008 is amended as follows.<br> (3) In section 104 (decisions in cases where national policy statement has effect), after subsection (2), insert—<br> “(2A) For a development under section 16, the Secretary of State may not approve an application unless they are satisfied that the burial of the powerlines—<br> (a) was the developer’s preferred and initial form of installation, and<br> (b) is infeasible on grounds of either cost or engineering practicality.”<br> (4) In section 105 (decisions in cases where no national policy statement has effect), at end insert—<br> “(3) For a development under section 16, the Secretary of State may not approve an application unless they are satisfied that the burial of the powerlines—<br> (a) was the developer’s preferred and initial form of installation, and<br> (b) is infeasible on grounds of either cost or engineering practicality.””

<p>This probing amendment seeks to explore how changes to the planning process could encourage the use of buried cabling as an alternative to overhead powerlines.</p>

53F

Clause 29, page 42, line 23, at end insert—<br> “(5A) Before making regulations under this section, the appropriate national authority must publish and lay before Parliament—<br> (a) a list identifying each prescribed public authority that will be empowered to charge fees under this section,<br> (b) a description of the specific relevant services each such authority will charge for,<br> (c) an estimate of the total fees each highway authority is likely to face annually, and<br> (d) a statement confirming that the income from the fees or charges by each prescribed public authority does not exceed the cost of performing the relevant functions.”

<p>This amendment would require the Government to identify upfront which public bodies will be charging fees, what those charges will cover, and ensure that the charges are set on a cost-recovery basis, providing transparency about the scope, scale, and proportionality of the new charging regime before it takes effect.</p>

286

Clause 60, page 96, line 3, leave out subsection (4) and insert—<br> “(4) An EDP passes the overall improvement test if the conservation measures will be sufficient to significantly and measurably outweigh the negative effect caused by the environmental impact of development on the conservation status of each identified environmental feature and to achieve a significant environmental improvement.”

<p>This amendment strengthens the overall improvement test providing that conservation measures must significantly and measurably outweigh any negative impacts to improve the conservation status of identified features.</p>

80

Clause 18, page 24, line 14, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">Any fees received by the Scottish Ministers under paragraph (2)(d) may only be used to fund—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">consumer benefits packages, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">local planning authorities.”</span></span>

<p>This would ensure that any fees paid to Scottish Ministers are allocated to either community benefits packages or to support local authority planning departments.</p>

53G

Clause 30, page 44, line 3, at end insert—<br> “(4H) Before making an order under this section, a strategic highways company must consult for a period of not less than 12 weeks—<br> (a) neighbouring highway authorities;<br> (b) local planning authorities whose area the highway passes through or would pass through;<br> (c) where applicable, combined mayoral authorities whose area the highway passes through or would pass through.”

<p>This amendment would require strategic highways companies to undertake a minimum 12-week consultation with neighbouring highway authorities, local planning authorities, and combined mayoral authorities before making trunk road designation orders.</p>

286ZA

Clause 60, page 96, line 3, leave out “overall” and insert “evidence-based”

286A

Clause 60, page 96, line 4, leave out “conservation measures are likely to be sufficient to” and insert “effect of the conservation measures will materially”

<p>This amendment would make changes to strengthen the overall improvement test, which the Secretary of State must consider before making an EDP.</p>

53H

Clause 31, page 44, line 22, leave out “30” and insert “28”

<p>This amendment would bring the notice period in line with that used in the Planning Act 2008 by reducing the required notice from 30 days to 28 days.</p>

81

Clause 18, page 24, line 26, leave out from “application” to end of line 31 and insert—<br> “(b) must consider the objection and the reporter’s final report,<br> (c) must hold a public hearing, and<br> (d) must allow a period of one month to elapse,<br> <span class="wrapped">before determining whether to give their consent.”</span>

<p>This amendment would require the Scottish Ministers to hold a public hearing and allow one month to elapse before determining whether to give consent to an application for new generating stations or overhead lines under sections 36 or 37 of the Electricity Act 1989.</p>

82

Clause 18, page 24, line 37, leave out subsection (4)

53I

Clause 32, page 48, line 26, after “website” insert “within seven days of the making or confirmation”

<p>This amendment requires the Secretary of State to publish notice of the making or confirmation of a highway order or scheme, along with related documentation, within seven days.</p>

82A

Clause 25, page 34, line 38, at end insert—<br> <b>“10Q</b> <b>Long duration electricity storage: safety</b><br> (1) The Authority must ensure that the scheme established by section 10P includes measures to be taken by LDES operators (as defined by that section) to reduce fire risk and protect public safety.<br> (2) The scheme must ensure that before installing long duration electricity storage, LDES operators consult the local fire authority who must assess the fire risk posed by the installation.<br> (3) The LDES operator must pay the local fire authority a reasonable fee for their assessment of the fire risk under subsection (2).<br> (4) The Secretary of State may, by regulations made by statutory instrument, define a “reasonable fee” for the purpose of this section.<br> (5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

<p>This amendment seeks to ensure that proposals for long duration energy storage systems, which may contain flammable batteries and equipment, are designed in consultation with the local fire authority to minimise fire risk and protect public safety.</p>

287A

Clause 60, page 96, line 4, leave out “are likely to be sufficient” and insert “have been scientifically proven”

<i>Lord Moylan gives notice of his intention to oppose the Question that Clause 34 stand part of the Bill.</i>

82B

After Clause 25, insert the following new Clause—<br> <b>“Long duration electricity storage: capacity</b><br> (1) Within 5 years of the day on which this Act is passed, the Secretary of State must report on the impact of this Act on the United Kingdom’s long duration electricity storage capacity.<br> (2) The Secretary of State must lay a copy of these reports before Parliament.”

<p>This amendment would require the Secretary of State to report on the impact of this Act on the UK’s long duration electricity storage capacity.</p>

53J

Clause 36, page 49, line 35, at end insert—<br> “(1A) In subsection (2) (hearing after objection under section 10) omit “may” and insert “must””

<p>This amendment would make it mandatory for the Secretary of State to provide an opportunity for objectors to appear before and be heard by an appointed person.</p>

53K

Clause 36, page 50, line 12, at end insert—<br> “(3B) Where an objection is made by a person under subsection (3) but the Secretary of State determines that the objection is not serious enough to merit being referred to an inquiry or dealt with in accordance with subsection (2), the Secretary of State must provide written reasons for that decision, including by reference to any published criteria for determining what constitutes a sufficiently serious objection.”

82C

Clause 26, page 35, line 2, after “transmission” insert “and generation”

<p>This amendment and others in the name of Baroness Coffey extend benefits schemes to energy generation infrastructure and requires them to be in place, including for any infrastructure still being under construction at the time of Royal Assent of this Act.</p>

288A

Clause 60, page 96, line 6, at end insert—<br> “(4A) The Secretary of State must consult the bodies listed in section 59(1) to determine whether there is sufficient scientific evidence for an EDP to pass the evidence-based improvement test.”

82D

Clause 26, page 35, line 4, leave out “may” and insert “must”

<p>This amendment and others in the name of Baroness Coffey extend benefits schemes to energy generation infrastructure and requires them to be in place, including for any infrastructure still being under construction at the time of Royal Assent of this Act.</p>