Planning and Infrastructure Bill (Thirteenth sitting)
(2 days, 2 hours ago)
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The Committee divided: - Ayes: 3 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 10 - Question accordingly negatived.
The Chair
I ask Members to send their speaking notes by email to hansardnotes@parliament.uk and to switch electronic devices to silent. Tea and coffee are now allowed during sittings.
I remind Members that interventions are taken at the discretion of the Member who has the Floor and that they should be short and relevant. Members may bob to make a speech if they want to speak at more length.
The Committee will be considering new clauses today. As a reminder, new clauses will be considered in numerical order, as on the amendment paper and on the selection and grouping paper. They may be grouped with other new clauses for the purposes of debate, and where a new clause has been debated previously, it cannot be debated further when it is reached. Members should let me know if they wish to push it to a vote.
The Committee will conclude its consideration of the Bill at 5 pm. I refer Members to the detailed advice circulated to them by the Clerks in advance of the sitting. To recap, however, if the Committee is still considering the Bill at 5 pm, the Chair must interrupt and bring proceedings to a close. After 5 pm, there can be no further debate on any remaining propositions. The Chair will, in accordance with the Standing Order, put the questions on the new clause that was under discussion at 5 pm, on any outstanding Government amendment and on any remaining clause stand part questions before reporting the Bill. I also have discretion to put the question on any non-Government new clauses that have previously been debated. New clauses that have not been debated cannot be considered or voted on. Should any Member wish to request a vote on a previously debated new clause, they should let me know in advance.
Ellie Chowns (North Herefordshire) (Green)
On a point of order, Ms Jardine. You said that debate would continue until 5 pm, but I have just been told by the Government Whip, the hon. Member for Wellingborough and Rushden that she intends to stop debate at 1 o’clock.
The Chair
I am sorry. There are two separate things. We will stop at 1 pm and adjourning until the afternoon sitting, unless we are finished at that point, in which case good. The latest that debate can continue to, however, is 5 pm.
Ellie Chowns
Further to that point of order, Ms Jardine. So if we have not got through all the new clauses in this sitting, we will continue this afternoon.
The Chair
Yes, until 5 pm, but if we can get through the new clauses before then it would be helpful.
New Clause 10
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.
(2) The required provision of solar panels is an amount equivalent to 50% of the surface area of the car park.”—(Olly Glover.)
This new clause would require solar panels to be provided with all new car parks.
Brought up, and read the First time.
Olly Glover (Didcot and Wantage) (LD)
I beg to move, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss
New clause 31—Incentives for installing solar panels—
“(1) The Secretary of State may by regulations establish a scheme under which specified parties who install or incorporate fitted solar panels on a specified property, whether as permitted development or following a grant of planning permission, receive financial benefits or rewards.
(2) For the purposes of this section—
‘specified parties’ means homeowners and the owners of car parks;
‘specified properties’ means the home of the homeowner or the owner’s car park.”
This new clause would create a new scheme to provide financial incentive to homeowners and carpark owners who install solar panels on their properties.
Olly Glover
Once again, it is a pleasure to serve under your chairship, Ms Jardine.
I have moved new clause 10 and will speak to new clause 31, both tabled by the Liberal Democrats. New clause 10 would require solar panels to be provided on all new car parks and new clause 31 would create a scheme to provide financial incentives to homeowners and car park owners who install solar panels on their properties.
Clearly, the main driver of the new clauses is the climate change challenge that we face but, as I said previously in Committee, it is not just a challenge, but an opportunity: embracing more solar power generation enables us to become more self-sufficient in energy generation, and homeowners and others to reduce their energy bills. That is a good example of something that helps people, planet and economy.
New and existing car parks could provide 11.4 GW of solar capacity, which would go a long way towards reaching the Government target of 70 GW of solar by 2035. If land is already being used for a car park, why not make more use of that land and generate renewable energy? Generating energy close to where it is used means fewer energy losses, which is more efficient and makes the energy cheaper to the end user. That is an example of the sort of local electricity grids that we need to move towards in the 21st century of power generation.
Existing and new car parks, and non-domestic roofs between 50 kW and 1,000 kW, have costs comparable to solar farms, and so could be similarly economically attractive. Solar farms are predominantly rural and can require extensive planning permission and additional construction costs due to location, such as long-length cables and large transformers. Car parks also provide the opportunity to use the energy generated directly to charge electric vehicles, thereby relieving pressure on the grid and making driving electric vehicles more attractive. The Government have been clear about their aspiration for us to move to electric vehicles as standard.
In 2022, France introduced similar legislation to that which we are proposing, and it took effect in 2023. The French Government calculated that the measure will result in a capacity of between 6.75 GW and 11.25 GW. For context, Drax, the UK’s largest power station, has a capacity of between a quarter and a half of that, at just 2.6 GW. If not mandated, incentivising such schemes should be the minimum requirement. We are not using car parking space to its full potential, so I hope that the Minister will seize the opportunity to change that by supporting the new clause.
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Michael Shanks)
It is a pleasure to see you in the Chair, Ms Jardine. I have missed our Wednesday “Politics Scotland” soirées, so it is nice to be with you again. I will begin by speaking to new clause 10. I was going to speak to new clause 31 as well, but I do not know whether anyone intends to move it.
New clause 10, which was tabled in the name of the hon. Member for Taunton and Wellington, would require the provision of solar panels on at least 50% of the surface area of above-ground car parks. I appreciate what the hon. Gentleman is proposing, and we share his ambition. Indeed, in the “Clean Power 2030 Action Plan”, which we published just before Christmas, we outlined the pathway to achieving a clean power system. Solar photovoltaic deployment is a key component of that, and through the plan we hope to increase solar output from 18 GW to between 45 GW and 47 GW by 2030.
We were very clear in the plan that we saw solar PV as a real opportunity, but we also stated our intention to gather evidence on the potential of putting solar canopies on car parks. As the hon. Member for Didcot and Wantage pointed out, although that principle seems entirely sensible and something that I would entirely agree with, there are some details that we would want to work out on how it could be delivered and the economics of it. That is why we are consulting right now. Our call for evidence is open on the potential for mandatory installation of solar canopies on new car parks, and indeed on increasing the potential for solar on current car parks. It is important that we properly engage with industry on this question, particularly on the economics of how it could be delivered because we want to be really clear on the impact that it could have on car parks and of course on the users of car parks if costs are passed on.
I assure both hon. Members that we are in favour of the idea. Fundamentally, we want solar to be part of our pathway to clean power. If it can be deployed on the rooftops of industrial buildings, car parks, warehouses or any rooftop we can use, that clearly is the best and easiest way to do it, but we want an adequate evidence base before we do that. For that reason, we will not support the new clause, but I hope the hon. Member for Didcot and Wantage appreciates that we broadly agree with the general direction that he is proposing.
Olly Glover
I thank the Minister for his thoughtful comments. We understand that there will be some technical details to look into, although of course that is the case for many aspects of the Bill overall. We wish to press the new clause to a vote, because we think this is a very important topic and that this is an opportunity to be progressed.
Question put, That the clause be read a Second time.
The Chair
With this, it will be convenient to discuss new clause 13—Dismissal of appeal or referral—
“In section 79 of the Town and Country Planning Act 1990 (determination of appeals), after subsection (6A) insert—
‘(6B) The Secretary of State may dismiss an appeal or referral where, having considered the appeal or referral, the Secretary of State is of the opinion that the appeal or referral is—
(a) vexatious, frivolous or without substance or foundation, or
(b) made with the sole intention of—
(i) delaying the development, or
(ii) securing the payment of money, gifts or other inducement by any person.’”
This new clause would enable the Secretary of State to dismiss appeals or referrals in certain circumstances.
Ellie Chowns
It is a pleasure to serve under your chairship, Ms Jardine. New clauses 12 and 13 relate to the introduction of a community right of appeal against planning applications that are approved contrary to the local development plan. That includes policy in local and neighbourhood plans.
New clause 12 reflects the wider need to rebuild public trust in a system that is perceived to be dominated by the power of private sector development interests. It has additional importance in the context of the provisions in the Bill to restrict democratic oversight of planning decisions by locally elected members, which would mean that planning officers and not councillors would decide on the final outcomes of major planning applications.
New clause 12 would address the unfairness in our planning system, whereby only applicants have a right to appeal planning decisions. It would create a strictly limited community right of appeal that applies only when decisions are approved contrary to local planning policy; it would balance things up by creating a reciprocal right of appeal, essentially. That reflects the minimal opportunities that are currently available to the public in the taking of development management decisions and the frustration caused when decisions are made that go against local and neighbourhood plans that have been agreed by communities. New clause 13 is an additional safeguard to give the Secretary of State powers to intervene if the community appeal is considered to be vexatious. Taken together, the new clauses are proportionate and limited measures that could begin to rebuild public trust in the planning system.
Creating such a qualified right was an important recommendation of the Raynsford review of planning in 2018, which was produced by the Town and Country Planning Association. I warmly commend the new clauses to the Committee.
The Minister for Housing and Planning (Matthew Pennycook)
It is a pleasure to continue our proceedings with you in the Chair, Ms Jardine, and I thank the hon. Lady for speaking to the two new clauses, which were tabled by my hon. Friend the Member for North East Hertfordshire (Chris Hinchliff).
We have a long-established and much-valued right of appeal in the planning system. It recognises that the system acts as a control on how an individual may use their land. That existing right of appeal compensates for the removal of the individual’s right to develop.
The planning system already enables community involvement through the preparation of local development plans and neighbourhood plans, and through consultation on individual planning applications. Given that these opportunities already exist, the Government do not believe that it is either necessary or helpful to introduce a right of appeal for interested parties.
New clause 12 would serve only to discourage early involvement in the planning process or lead to repeated consideration of issues that have already been raised and addressed during the planning application process. In our view, adding a new appeal process to the planning system would create more delay, costs, complexity and unpredictability, undermining confidence in the system and ultimately delaying the delivery of new housing and economic development at a time when we need to get Britain building again, which we have been very clear about. For that reason, we will not be able to accept new clause 12.
I turn to new clause 13. We do not believe that we should extend appeal rights to third parties, which again would serve only to delay the planning process and hinder the development of new housing and economic development. Although I welcome the sentiment behind the new clause—namely, to deter appeals submitted for spurious or non-planning reasons—in our view there are already appropriate measures in place to respond to such appeals through the awards of cost regime. The appeal system in the awards of cost regime helps to stop unmeritorious appeals by making those who submit them pay costs, thereby discouraging vexatious or frivolous cases.
For those reasons, the Government will not be able to accept either new clause.
Ellie Chowns
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 16
Refusal of planning permission for countryside development close to large electricity pylons
“(1) If an application is made for planning permission or permission in principle relating to large scale housing development in the countryside which—
(a) may lead to affordable housing being built within 100m of the centreline of any high voltage overhead electrical transmission system; or
(b) may lead to any new residential dwelling or new residential garden being within 50m of the centreline of any high voltage overhead electrical transmission system
the local planning authority must refuse the application.
(2) This section applies to any planning permission for large scale housing development in the countryside for which a decision notice has been issued by a local planning authority since 11 May 2022.
(3) If planning permission has been granted for development to which this section applies which contravenes subsection (1), that planning permission shall be revoked.
(4) The revocation of planning permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.
(5) In this section—
‘large scale housing development’ means any development which includes more than 500 houses;
‘countryside’ includes any predominantly agricultural, rural or greenfield land;
‘may lead to’ includes plans for housing shown in any outline or illustrative masterplan;
‘high voltage overhead electrical transmission system’ means any overhead electrical transmission system at or over 275kV.”—(Gideon Amos.)
Brought up, and read the First time.
Gideon Amos (Taunton and Wellington) (LD)
I beg to move, That the clause be read a Second time.
The Chair
With this, it will be convenient to discuss the following: new clause 29—Inclusion of wildbelt in planning considerations—
“(1) The Secretary of State must, within six months of the passing of this Act—
(a) create a category of protection for wildbelt areas in England for the purpose of permanently protecting such areas from or during development, and
(b) issue guidance for local planning authorities and other relevant parties on how wildbelt land is to be protected.
(2) For the purposes of subsection (1), ‘permanently protecting’ areas means protecting or restoring the natural environment in a wildbelt area, and in ecosystems functionally connected to a wildbelt area.
(3) Guidance issued under subsection (1)(b) must—
(a) provide assistance to local planning authorities and others on the identification of wildbelt sites;
(b) impose responsibilities on strategic planning authorities in relation to the development of spatial development strategies regarding—
(i) the use of Local Nature Recovery Strategies to protect and enhance wildbelt;
(ii) the reporting of progress towards the development of wildbelt sites; and
(iii) the reporting of progress towards the use of wildbelt designation to increase public access to nature.
(4) For the purposes of this section, ‘wildbelt’ has such meaning as the Secretary of State may specify in guidance, but must include—
(a) areas of land;
(b) bodies of water and adjacent land;
(c) wetlands.”
This new clause would enable the creation of new wildbelt areas and associated ecosystems, and require guidance to be issued regarding the use of provisions of the bill to protect wildbelt areas.
New clause 47—Prohibition of solar development on higher-quality agricultural land—
“No permission may be granted for the building or installation of provision for solar power generation where the development would involve—
(a) the building on or development of agricultural land at grade 1, 2, or 3a, and
(b) building or installation at ground-level.”
This new clause would prohibit the development of solar power generation on higher quality agricultural land.
New clause 74—Conditions for installation of solar panels on productive land—
“Where an application for permission proposes the installation of solar panels on land used or suitable for agricultural production, it must be a condition of any grant of consent that such panels are installed at a minimum height of one metre from the ground.”
Gideon Amos
I rise to speak to new clause 29, which would enable the creation of new wild belt areas and associated ecosystems, and require guidance to be issued regarding them. In January, the Office for Environmental Protection reported that the Government are off track for meeting the nature recovery target set out in the Environment Act 2024 and the related commitment to protect 30% of land and sea for nature by 2030—the 30 by 30 target, which was really important.
Getting nature recovery back on track will require the restoration of hundreds of thousands of natural habitats. A new claim designation will be needed to achieve that upgrading and uprating of habitat protection land. For example, sites where habitats are in recovery are not yet at the point where they could qualify for existing protections, such as sites of special scientific interest. Put simply, there is no mechanism to safeguard the next generation of nature sites. We desperately need these new sites for nature to emerge if we are going to achieve the doubling of nature that the Liberal Democrats had in our manifesto. That includes the doubling of protected areas and/or meeting the 30 by 30 target.
The new clause would require the Secretary of State to create the new wild belt designation within six months of the passing of the Act, and to limit development in those areas. It would also require the Secretary of State to issue guidance on implementing the new wild belt sites. The new wild belt would be protection for the next generation of nature sites, and would ensure that early habitat restoration is not upended by a change in land use or by new development proposals.
As well as turbocharging efforts to meet nature recovery targets, the increase in habitat recovery provided by wild belts could also help with the climate, by protecting land and reducing carbon emissions. Finally, wild belt sites could create a new space that people can use to connect with nature. The guidance required by the new clause would require local authorities to increase public access to nature through wild belt designations and to report on progress towards this objective. Increased access to nature is associated with improved health outcomes and life satisfaction, as well.
New wild belt sites could be assets for local communities. Community use of wild belts can include space for outdoor education, shared wildlife-friendly gardening spaces, and new river walks to help people of all ages enjoy the benefits of access to nature. Similarly, wild belt designation would not cause undue problems for development or landowners. Many landowners would welcome the designation as a way of securing the protection and nature management of their land, which could be aligned with schemes such as environmental land management schemes. The Government could give extra weighting to ELMS applications where landowners are applying for wild belt areas.
In summary, the wild belt clause would significantly increase the contribution the Bill makes to achieving nature recovery targets, while also helping net zero efforts and ensuring that new homes are progressed alongside flourishing wild spaces that local communities can enjoy. Wild belt would be a win-win for nature, climate and people, and we urge the Committee to support it.
Lewis Cocking (Broxbourne) (Con)
It is a pleasure to continue with you in the Chair, Ms Jardine. I rise to speak to new clause 16, which is in the name of my hon. Friend the Member for South Leicestershire (Alberto Costa). The new clause goes some of the way to address what I spoke about on Second Reading, about how we must create communities. When we are designing new large-scale housing in the countryside, community and design must be at the forefront.
I want the Government to look at what more they can do, because we do not want affordable homes to be put next to large electricity transmission systems. In the interests of time, I would be grateful if the Minister would agree to write to me on this issue, setting out the Government’s position and explaining what they are doing, when we have large-scale development in the countryside, to stop the social housing element of the development being placed in these locations.
Matthew Pennycook
I will respond briefly to new clauses 16 and 29, but I am more than happy to expand on what I say in writing to the hon. Gentleman and to the hon. Member for South Leicestershire. New clause 16 relates to the refusal of planning permission for large-scale housing developments where they are close to large electricity pylons in the countryside.
The new clause seeks to require local planning authorities to refuse applications for planning permission, or permission in principle, for large-scale residential development in the countryside that falls within specific distances of overhead electricity lines. It would also require any planning permission granted since 11 May 2022—a specific date—to be revoked where the development meets the criteria set out in the new clause.
There is nothing in current planning legislation that prohibits development near to overhead electricity lines. However, there are mechanisms within the existing system that ensure decision makers are aware of and—to the extent that they are material—take into account potential safety or other issues of siting development near overhead lines. When developing sites that are close to overhead lines, in practical terms, developers are more likely to position less sensitive elements of their development under these, such as roads rather than homes, which can further minimise any impact.
In the Government’s view, including a clause within legislation that requires the refusal of certain large-scale residential developments together with the revocation of existing permissions would be a major departure from the current approach in planning legislation. It would have a significant impact and would therefore need to be supported by strong justification. That is particularly the case given that other types of safety risk, such as residential development near oil pipes, are deal with adequately under the current framework.
I would also highlight that in the case where an existing planning permission is revoked, which happens very rarely at present, it can be subject to compensation payable to the developer in particular circumstances. That could be significant in the context of large-scale housing development. National Grid has published guidance relevant for development near overhead lines, which ensures that decision makers are aware of safety and amenity issues that may arise from development within close proximity of electricity pylons and overhead lines, citing statutory safety clearances. It also encourages early and proactive engagement with National Grid on plans and individual schemes, which are brought forward within proximity of its infrastructure. That is precisely so that matters can be considered and addressed at the outset.
Given the mechanisms already in place to address impacts on development near high-voltage lines, the new clause would place unnecessary restrictions on the decision-making powers of local planning authorities. For those reasons, we cannot accept it, but, as I said, I am more than happy to set out some further detail to hopefully reassure the hon. Members for Broxbourne and for South Leicestershire.
I turn to new clause 29, as tabled by and spoken to by the hon. Member for Taunton and Wellington. The Government are committed to ensuring that our goal of building 1.5 million homes does not come at the expense of nature. We have had several debates where the Government have reinforced our position in that respect. We are taking steps towards achieving our commitment of protecting 30% of our land for nature by 2030.
I again highlight, as I have in previous debates, local nature recovery strategies, which were introduced under the Environment Act 2021 and are being rolled out across England. They are vehicles to agree priorities for nature’s recovery, to map the most valuable existing areas for nature and to identify proposals for creating or improving habitats for nature and wider environmental goals. They will provide a basis for local decision makers to take informed decisions about where to protect and restore areas that are of importance for nature recovery. They will be able to identify the best opportunities to create or improve habitats, while enabling the development that is needed in their area.
It is important that local areas have flexibility in how they do that. We are not convinced that we need a new category of designated area in law to achieve that end. Development plans at both the local and strategic level will be required to take account of local nature recovery strategies under provisions in the Levelling-up and Regeneration Act 2023 and this Bill when brought into force, and will be able to identify area for environmental improvement.
The Government published guidance setting out the role of local nature recovery strategies in the planning system in February this year. We are considering how the creation of a national set of policies for decision making can further support the goal of protecting and restoring land, which will become of importance to nature’s recovery, using those strategies. I hope that in the light of that information, the hon. Member for Taunton and Wellington might consider withdrawing his new clause.
Gideon Amos
I am grateful to the Minister for that response. We believe that wild belts could be a significant new designation and would add something of real value to help to restore the species that I discussed—those that are in recovery and need their habitats to be developed and further protected, such that they reach protected status. When we reach that point, we will be pressing new clause 29 to a vote.
Lewis Cocking
I am happy with the Government’s considered approach to new clause 16, and I am happy that the Minister will write to me and my hon. Friend the Member for South Leicestershire.
Gideon Amos
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 20
Swift bricks and boxes
“(1) It must be a condition of any grant of planning permission that there must be a minimum of one swift brick or nest box per dwelling or unit greater than 5 metres in height.
(2) Swift bricks integrated into walls are to be installed in preference to external swift nest boxes wherever practicable, following best practice.
(3) A planning authority may grant planning permission with exceptions or modifications to the condition specified in subsection (1) in exceptional circumstances, where possible following best practice.
(4) Where a planning authority grants exceptions or modifications, it must publish the exceptional circumstances in which the exceptions or modifications were granted.
(5) For the purposes of this section—
‘swift brick’ means an integral nest box integrated into the wall of a building suitable for the nesting of the Common Swift;
‘swift nest box’ means an external nest box suitable for the nesting of the Common Swift and
‘best practice guidance’ means the British Standard BS 42021:2022.”—(Ellie Chowns.)
This new clause would make planning permission for buildings greater than 5 metres high conditional on the provision of a minimum number of swift bricks. Swift bricks and boxes provide nesting habitat for small urban birds reliant on cavity nesting habitat in buildings to breed.
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss the following:
New clause 22—Building regulations: biodiversity—
“(1) Within six months of the passing of this Act the Secretary of State must bring forward regulations under section 1 of the Building Act 1984 for the purposes of—
(a) protecting and enhancing biodiversity, and
(b) contributing to the achievement of biodiversity targets and interim targets set out under the Environment Act 2021.
(2) Regulations under this section must include provision—
(a) for the appropriate installation and maintenance of measures including—
(i) bird boxes,
(ii) bat boxes,
(iii) swift bricks,
(iv) hedgehog highways,
(v) splash-free pavements, and
(vi) biodiverse roofs and walls,
(b) limiting the use of artificial grass in a garden or in or on land associated with a dwelling or building covered by the regulations.”
This new clause would require the Secretary of State to introduce regulations to require new developments to include design features that will contribute to the protection and enhancement of biodiversity and the achievement of Environment Act targets.
New clause 23—Biodiversity gain in nationally significant infrastructure projects—
“(1) In Schedule 15 of the Environment Act 2021 (biodiversity gain in nationally significant infrastructure projects), in paragraph 5 omit ‘10%’ and insert ‘20% for all terrestrial and intertidal development.’
(2) The Secretary of State must, within 1 year of the passing of this Act, bring into force section 99 of the Environment Act 2021 (biodiversity gain in nationally significant infrastructure projects).”
This amendment increases the biodiversity net gain requirement and includes intertidal development.
New clause 27—Environmental infrastructure in new developments—
“(1) Within six months of to the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 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; and
(v) biodiverse roofs and walls.”
This new clause would require the Secretary of State to introduce regulations to protect and enhance biodiversity in new developments.
Ellie Chowns
I rise to speak in defence of the swift. I have tabled a private Member’s Bill to achieve essentially what this proposed new clause would achieve, but what an opportunity we have in this Bill to take a fantastic step that would make a crucial difference to the future of a species that is under threat.
I will start with an extract from a parliamentary speech made in 2023 by Baroness Taylor of Stevenage, of Labour. She said
“We believe that specifically including swift bricks as a measure in the Bill, to be incorporated in planning law, is justified because of the unique nature of these precious birds’ nesting habits… If there is anything we can do to either halt that decline or hopefully turn it around, we should certainly do so. There is definitely a clear and present threat to these species. We hope the Government”—
the Tory Government of the time—
“will accept this relatively a small step, which could make a world of difference to protecting our swift population”.—[Official Report, House of Lords, 6 September 2023; Vol. 832, c. 541.]
Baroness Taylor spoke on behalf of Labour, when it was in Opposition, to support the exact swift brick provisions we now discuss. The need for this measure is now two years more urgent. Labour’s former words present the case perfectly, so I urge the Government to embrace their own sentiments and safeguard the future of these iconic birds.
Cavity nesting birds, as a category, are reliant on cavities in buildings to breed. House martins and swifts are 100% dependent on buildings. That breeding dependence means that not only are swift bricks different in character from other types of supplementary biodiversity measures, but the mechanism to make them operable is already in place. That is a key point: there is a specific British standard that makes this new clause feasible. That is why there is a national campaign solely for swift bricks, and a specific swift brick new clause.
Swift bricks would secure cavity nesting habitat by indirectly mitigating the national-scale loss of nesting habitats in our existing buildings. That loss of nesting habitat is inadvertent, due to renovation, demolition and changes to the character of housing. Without legislative protection of their nesting sites or mitigation of loss, it is not surprising that four cavity nesting birds are redlisted, a term defined by the need for urgent action. If these birds cannot breed here, they have no future here.
Swift bricks are therefore a critical nesting habitat measure. They are not merely supplementary. They require zero maintenance, are fully sustainable and are effective, providing eight species of bird with nesting habitat. The new clause poses no risk of delaying or blocking development since swift bricks, first, are bricks and secondly, can be laid alongside all the other bricks without any additional expertise. Actually, this measure would, uniquely for a nature-protection measure, contribute to development and building. Natural England has urged the Government to embrace this proposal, as has the Department for Environment, Food and Rural Affairs.
Non-compliance of developers in installing bird boxes, as per conditions stated by their local planning authorities, is 75%. Swift bricks are not included in biodiversity net gain or the Environment Act, and the national planning policy framework guidance is not enough for a critical nesting habitat measure. The swift brick campaign is supported by the nature sector, including Wildlife and Countryside Link, and has seen sustained media interest, showing just how much public concern there is to support these birds. We have had a number of public petitions with over 100,000 signatures. The latest one has 80,000—I just checked it this morning.
Without swift bricks, we lose out too, because our new buildings will never accommodate these urban birds, so our connection with them will also be lost. This measure is a giant, tangible legacy for the public. Even if we live in inner cities, or are unable to get to green spaces easily, we can access these birds—but that will not be true in new homes without swift bricks.
Swifts have been dubbed “our icons of summer”. They are on the brink after 50 million years and they just need a brick with a hole in it. The Bill will enable millions of brick walls to be built. In urging the Committee to include this lifeline for our urban birds, I represent the almost half a million people, in total, who have signed swift brick petitions, including the fastest growing Government petition in 2023. Our homes are, quite literally, these birds’ homes. I commend the new clause to the Committee.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
It is once again a pleasure to serve with you in the Chair, Ms Jardine.
We broadly support the aim of this new clause. I know my colleague the noble Lord Goldsmith proposed a similar amendment in the House of Lords, which Baroness Taylor and the Secretary of State at DEFRA have indicated they are supportive of. However, there are some flaws in the new clause. It is clear that rather than just habitats for swifts, there are creatures—insects in particular—that would also benefit from similar arrangements within the building industry. Creatures such as starlings, which are something of an iconic British bird and also nest in buildings, would require an alternative design provision.
I am not inclined to seek a vote, but it would be helpful to hear from the Minister that there will be consideration given to ensuring that new buildings—both homes and, where possible, commercial buildings—incorporate features designed to support the nesting of birds and other creatures that may use those habitats in a way that is sympathetic to the use of the building.
Gideon Amos
I rise to speak to new clause 26, which would increase biodiversity net gain to 20% for nationally significant infrastructure projects, and new clause 27 on swift bricks. The Committee will be relieved to know that I will not repeat all the points that have been made on this. It is worth saying that the swift bricks proposal has widespread public support and would be a very small and limited change to introduce to building practices. Swifts fly thousands of miles from the Congo basin and back across the Sahara desert twice. When they get here, quite often they find that their nesting places have gone, have been sealed up or are not available. This new clause would make a significant contribution to providing better habitats for swifts and other bird species. We are in support of this new clause.
Matthew Pennycook
I take from that that the hon. Member for Taunton and Wellington is not seeking a debate on new clause 27. Is that right?
Matthew Pennycook
Sorry—and 23 as well? I could also address that, if we come on to debate it, but let me first respond to new clauses 20 and 27 relating to swift bricks.
I am well aware of the serious population decline of swifts in the UK. There are numerous reasons behind that decline. It is not just the loss of nesting sites; there are other factors, such as the decline of insect food, but nesting sites are a certainly a contributory factor and the Government recognise that. The objective of increasing the coverage of swift bricks is one that we absolutely share.
However, there are different ways of advancing that aim and this is where a fruitful debate can take place. We are not convinced that legislating to mandate the use of specific wildlife features is the right approach, whether that is done through building regulations or a freestanding legal requirement. If the hon. Member for North Herefordshire wants a good summary of my own views, which I have been very clear on over many years, she can find it in a 10 July 2023 Westminster Hall debate we had on the subject, where I expressed similar reservations about the approach that the new clause dictates. Measures such as swift bricks and hedgehog highways are beneficial in many cases, but they will not be feasible or effective for every single development across the country.
The way that new clause 20 tries to provide for exceptions demonstrates that, so there is obviously an awareness of the issue, but it also shows the complexity which arises from a blanket approach. I have real concerns that it would be difficult to operate in practice and risks more legal challenges seeking to block development, rather than securing better uptake of the right features in the right places.
Progress is already being made in expanding the use of wildlife features in homes across the country. The Future Homes Hub, representing 29 home builders who have a large share of the market, operates a voluntary commitment to install a bird nesting brick or box for every new home built. There are factories across the country producing large numbers of swift bricks, so they—and similarly hedgehog highways—are being rolled out as a standard on every new development. That action is welcome, but we absolutely accept that more can be done.
That is why our revisions to the national planning policy framework, published last December, make clear that developments should incorporate features that support priority or threatened species such as swifts, bats and hedgehogs. That is supported by both the national model design code and Natural England’s green infrastructure framework, which set out how developers can do this.
Gideon Amos
It is good to hear the support for this measure. It is a very standard practice that could be expanded. Would the Minister be willing to meet with the hon. Members who support this new clause, including the hon. Member for Brent West (Barry Gardiner), myself and others, to discuss how the use of swift bricks and related features could be encouraged further across the development industry?
Matthew Pennycook
I am always happy to have conversations with hon. Members about the Government’s thinking in this area and other areas, although a particular spin on recent conversations I have had with hon. Members found its way into The Guardian, which is a warning to Ministers. We are trying, as a Government, to feel our way to the most appropriate way to boost the coverage of swift bricks. As I have said, that is an objective that we absolutely share.
In that regard in particular, I point once again to the fact that we are committed to producing a set of national policies for decision making to set out policy requirements in a variety of areas in a more explicit manner. As part of that, we will assess how existing policy is operating, and whether there are any changes to wording in that area that would be beneficial to that objective. Although I fully support the aim of securing both an increase in swift brick coverage and more nature-friendly features in new developments more generally, I cannot support these new clauses, for the reasons I have given. I hope the hon. Member for North Herefordshire will be content to withdraw them. Given that the hon. Member for Taunton and Wellington has not spoken to new clause 23, which relates to biodiversity net gain, I will—
Gideon Amos
I am grateful to the Minister for correcting the numbering. When I referred to new clause 26, I meant to refer to new clause 23. I spoke only briefly on that, so I understand why the Minister is not responding to that detail.
Ellie Chowns
I welcome the Minister’s warm words regarding the protection of swifts—I am glad to hear them. I do not, however, feel that he has made a strong case against this new clause. If the Government are serious about protecting swifts, why not vote for it? It contains the ability to make exceptions and is an opportunity to drive forward this agenda.
As the Minister has recognised, swifts are still in terrible decline. Although I acknowledge that this measure alone will not in itself magically resolve the full issue, as well as the point made by the hon. Member for Ruislip, Northwood and Pinner that there are also other necessary measures and required species, there is something unique about swifts because they are dependent on these breeding sites.
It is true that they need food, but without breeding sites they are completely stuck, and those sites must be in our buildings. I will be pressing this new clause to a vote, and if the Government vote against it I hope they will come back with an amendment in their own words at Report to achieve exactly the same outcome, if the Minister is genuinely committed to saving and safeguarding the future of these iconic birds.
Question put, That the clause be read a Second time.
Gideon Amos
I beg to move, That the clause be read a Second time.
New clause 21 would introduce a mechanism compensating small businesses and organisations that incur operational losses due to significant roadworks. This is an important measure for us. I am disappointed that it appears that the Government may be foreclosing a whole half day of debate of this Bill Committee. None the less, I will proceed as rapidly as I can. It will be very disappointing if that does indeed occur, Ms Jardine, but they are the powers that be.
The purpose of this measure is to ensure a fairer distribution of impact when infrastructure projects take place. At present, the law is such that the Land Compensation Act 1973 covers only property damage and loss of land value. There is a clear legislative gap when it comes to consequential non-property-based losses.
Small businesses in Wellington, in my own constituency, are experiencing this at first hand. This summer’s unavoidable closure of the M5’s junction 26 and link road to Wellington, for reconstruction, has huge implications for the local economy. Several small businesses on the Foxmoor business park in particular, which depend on daily access to the M5 corridor, will see that closed off for up to three months. A scaffolding company showed me its estimates; it expects to lose around £14,000 over that three-month period. This is not speculative; those are real impacts.
A whole series of other companies will be affected: Adler & Allan, Moss Joinery, Apple Campers, Weston Recovery Services and TLC Garage Services and Recovery. Many of those have emergency services contracts with the police, the RAC and the AA. They are required by the police to be on-site, on the motorway, in 30 minutes. They will lose that business because they will no longer be able to get on to the motorway, because the motorway junction they are situated on will be closed. They are eligible for no compensation at all, despite those significant losses.
That situation is mirrored in the constituency of my hon. Friend the Member for Guildford (Zöe Franklin), in whose name the new clause was tabled, where redevelopment of the M25’s junction 10 has already run beyond its original deadline. By the time it is complete, it will have taken four years, causing serious disruption to both large and small organisations. RHS Wisley is projected to lose £11 million, and Ockham Bites, a small local café, is losing £600 per day. Those are real impacts on small businesses, which are the backbone of our economy, and they need support when they are experiencing massive losses due to roadworks.
We believe that infrastructure investment must balance public benefit with the private burden that they often incur. This is a targeted measure that would introduce pragmatic, proportionate reform, and means to support businesses that are being hardest hit during the delivery of major projects.
Matthew Pennycook
I note and appreciate the case that the hon. Gentleman has just made, but successive Governments have taken the view that businesses should not have the right in law to any particular given level of passing trade, and that traders, or other organisations, must take the risk of loss due to temporary disruption of traffic flows along with all of the other various risks of running a business or organisation. The same businesses or organisations may also profit from new developments once works have been completed.
If planning permission is needed, affected organisations can express concerns as part of that process if they are worried about how works will affect them. Temporary traffic regulation orders are needed for some road closures, and affected organisations can also express concerns as part of that process to the relevant local planning authority.
Lewis Cocking
Does the Minister not appreciate that lots of utility companies dig up roads under emergency procedures, so do not have to let the local authority know? As it is an emergency, one would expect someone to be working, maybe not around the clock, but for a long period of the day over multiple days to get it fixed. When people drive past roadworks in those scenarios, and they do not see anyone working on them, they get incredibly frustrated. Could he just outline what the Government are doing to make sure that roadworks are finished as quickly as possible, in a timely manner?
Matthew Pennycook
Well, I do not begrudge the hon. Gentleman for asking, but he tempts me to move into areas far beyond my ministerial remit and, I would argue, outside the scope of the Bill. In the interests of time, and of ensuring that all of the other worthy new clauses that I see before me on the selection list are debated, I will write to him on that particular point.
On this new clause, following on from what I have just said, we must bear in mind that local planning and highway authorities can take concerns into account when approving planning permission or road closures. They can also amend the timings of road closures and make other arrangements to ensure that access to properties and businesses is maintained. On that basis, we cannot accept the new clause.
Gideon Amos
I have nothing further to add, but we will press the new clause to a vote.
Question put, That the clause be read a Second time.
Olly Glover
I beg to move, That the clause be read a Second time.
New clause 30 would require the Secretary of State to conduct an annual review of the capacity of local planning authorities. The Bill’s passage appears likely, given the size of the Government’s majority, but it will impose a number of additional duties and responsibilities on local planning authorities, and meeting the proposals for housing growth will also stretch their capacity. Our new clause would require a review of their capacity and resources, as well as the impact of issues, such as lack of capacity in the construction sector or supply chains, on achieving some of the housing goals that are being put forward.
While this Government have an ambition to build lots of homes, it is important that we pay attention to how that happens. We know that local authorities are already under-resourced. I am sure that the Government appreciate the need to support local authorities in delivering housing and all the accompanying infrastructure, and we feel that this new clause would go some way towards doing that. At the risk of anticipating that the Minister is unlikely to support the new clause, we look forward to hearing what alternative solutions he may have to these challenges in planning capacity.
David Simmonds
I briefly draw the Committee’s attention to the Planning Advisory Service. As a result of a long-standing arrangement with the Local Government Association, through a funding set-up whereby local authorities and Government provide resources, both peer-support services and these activities are already provided in partnership with local authorities. For that reason, I would be reluctant to seek a legislative method of delivering something that is already, in practice, working well on a voluntary basis. There will always be a debate about whether local authorities feel that their resources are sufficient, but in supporting them to undertake the capacity assessment and build their capacity by working with their peers, that arrangement has been in place and working well for several decades.
David Simmonds
On a point of order, Ms Jardine. I should declare that I am an unpaid parliamentary vice-president of the Local Government Association, which I referred to in my contribution.
Matthew Pennycook
I welcome that clarification from the shadow Minister and thank him for his comments. He highlighted the important role that the Planning Advisory Service plays.
Skilled planners are essential to delivering efficient, proactive planning services and ensuring that new development supports growth and high-quality design of places and homes. The Government recognise the mounting pressures on local planning authorities as they adapt to significant reforms, both in how we want to reform the house building system and in boosting housing supply. That is why we have legislated in the Bill to allow all local planning authorities to set their own planning fees in order to increase resources in a way that responds to the individual needs of each authority and, as we have debated at length on previous clauses, ensure those fees are ringfenced.
Furthermore, the Chancellor announced—I have said this before, but it is worth my pointing to the Government’s good efforts in this area at every opportunity—a £46 million investment for 2025–26 at the Budget last year, supporting planning capacity and capability, including the recruitment and training of at least 300 graduate and apprentice planners. Funding is also being used to support implementation of the revised national planning policy framework. For example, we allocated substantial funds to local planning authorities to assist them with green belt reviews.
Alongside that, our planning capacity and capability programme works with sector partners to build long-term skills, modernise local plans and speed up decision making, using innovation and digital tools. Importantly, we are closely tracking the impact of those interventions through an embedded research and evaluation team. A national survey conducted in 2023 informs our approach; a further survey, now concluding, will build on that baseline. Given the robust programme of support and evaluation already in place, we are of the view that the new clause is not necessary, and I hope that with those reassurances he might be minded to withdraw it.
Olly Glover
I thank the Minister for his comments, and I welcome his overview of the Government’s endeavours in tackling the issue of local planning authority capacity. I also note the comments from the hon. Member for Ruislip, Northwood and Pinner. I understand his point, but nevertheless, there are still considerable challenges in this area that need to be tackled. Notwithstanding that, I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 32
Register of planning applications from political donors
“(1) A local planning authority must maintain and publish a register of planning applications in its area where—
(a) a determination has been made by the Secretary of State responsible for housing and planning, and
(b) the applicant has made a donation to the Secretary of State responsible for housing and planning within the period of ten years prior to the application being made.
(2) A register maintained under this section must be published at least once each year.”—(Gideon Amos.)
This new clause would require a local planning authority to keep and publish a register of applications decided by the Secretary of State where that Secretary of State has received a donation from the applicant.
Brought up, and read the First time.
Gideon Amos
I beg to move, That the clause be read a Second time.
New clause 32 would require local planning authorities to keep and publish a register of applications decided by the Secretary of State where the Secretary of State had received a donation from the applicant. We are fortunate to live in a country where the planning system is, generally, free of corruption. The United Kingdom is ranked by the Corruption Perceptions Index as among the least corrupt countries in the world. It is in the top 20 alongside Japan and other countries, but perceptions, as in that perceptions index, matter. It is important that justice is not only done, but seen to be done.
We believe there is a need for better control of situations where donations have been made to Ministers, and those Ministers have themselves then made decisions. I will not name any individual, but there has been a well-known scheme involving the Isle of Dogs in which that occurred. I do not allege any corruption in that instance, but, as I say, it is important that justice is not only done but seen to be done. The new clause would be an important contribution to ensuring that our planning system remains as free of undue influence as possible.
Matthew Pennycook
I thank the hon. Gentleman for moving new clause 32. In short, we think it is unnecessary, but I take on board his points and I share his concerns about the particular case that he raised.
Local planning register authorities are already required to maintain and publish a register of every application for planning permission that relates to their area. The register must include details on application decisions, including where the Secretary of State has made the decision either via a called-in application or a recovered appeal. That is set out in article 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. Secretary of State decisions on planning casework are also published on gov.uk in order to provide additional transparency. That includes the decision letters that set out the reasons for the decision in question.
When determining applications for planning permission, the Secretary of State operates—obviously—within the ministerial code and planning propriety guidance. The planning propriety guidance makes it clear that decisions on planning proposals should be made with an open mind, based on the facts before them at that time. Any conflicts of interest between the decision-making role of Ministers and their other interests should be avoided.
To that end, planning Ministers are required to declare their interests as part of their responsibilities under the ministerial code. The ministerial code makes specific provision for the declaration of gifts given to Ministers in their ministerial capacity, and gifts given to Ministers in their capacity as constituency MPs or members of a political party fall within the rules relating to the Registers of Members’ and Lords’ Financial Interests. In addition, before any planning Minister takes decisions, the planning propriety guidance reiterates that they are required to declare anything that could give rise to a conflict of interest, or—this is equally important—the appearance of a conflict of interest.
The planning casework unit within my Department uses that information to ensure that planning Ministers do not deal with decisions that could give rise to an appearance of impropriety. For example, if the Minister in question has declared that the applicant of the proposal is a political donor, they would be recused from making the decision. We therefore feel that there is sufficient transparency on planning casework decisions made by the Secretary of State, and the Ministers, including myself, who act on her behalf, and it is not necessary to impose an additional administrative burden on local planning authorities.
I hope that, with those assurances, the hon. Member for Taunton and Wellington will withdraw his amendment.
Gideon Amos
I have nothing further to add. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 35
Prohibition of development on functional floodplains
“(1) No local planning authority may grant planning permission for any development which is to take place on a functional floodplain.
(2) The Secretary of State must, within three months of the passing of this Act, issue new guidance, or update existing guidance where such guidance exists, relating to development in flood zones and the management of flood risk.”—(Ellie Chowns.)
This new clause would prevent local planning authorities from allowing developments on functional floodplains.
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss the following:
New clause 85—Regard to flood risk guidance when considering development on flood plains—
“(1) When preparing a local plan for an area which includes a flood plain or considering an application for development on a flood plain, a local planning authority must have regard to—
(a) the sequential and exception tests;
(b) the most up to date guidance on flood risk produced by the Government.
(2) For the purposes of this section—
‘sequential test’ means steering new development to areas with the lowest risk of flooding, taking all sources of flood risk and climate change into account. Where it is not possible to locate development in low-risk areas, reasonably available sites within medium risk areas should be considered, with sites within high-risk areas only considered where there are no reasonably available sites in low and medium risk areas;
‘exception test’ means that it has been demonstrated that the development would provide wider sustainability benefits to the community that outweigh the flood risk and that 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.”
This new clause would require local planning authorities to have regard to the sequential and exception tests on managing flood risk when considering applications for development on flood plains.
New clause 86—Requirement for installation of flood resilience measures—
“(1) The Secretary of State must, within six months of the passing of this Act, amend relevant Approved Documents to require the installation of flood resilience measures in properties being developed on land which is at risk of flooding.
(2) Flood resilience measures must be specified and installed in accordance with the Construction Industry Research and Information Association’s code of practice for property flood resilience.”
This new clause would require Approved Documents to require the installation, to CIRIA’s code of practice, of property flood resilience measures in properties being developed on land which is at risk of flooding.
Ellie Chowns
These new clauses relate to flood resilience. New clause 85 would ensure that local planning authorities have regard to the sequential and exception tests on managing flood risk when considering applications for development on flood plains. New clause 86 would ensure that there is a requirement for the installation of flood resilience measures.
When we considered the topic of sustainable drainage systems, I spoke about the importance of ensuring that we bear flood resilience in mind. It bears repeating that flooding—already a huge problem in our country—will become even more of a challenge as we continue to wrestle with the effects of climate change. I refer colleagues to the work of the Environmental Audit Committee, on which I sit, which is currently conducting an inquiry into flood resilience. We heard evidence from a number of witnesses earlier this week about the importance of property flood resilience measures, which new clause 86 concerns.
Matthew Pennycook
I will speak to new clauses 85 and 86, for which the hon. Lady has just made the case. The Government are committed to building the homes that the country needs while ensuring that they are safe from flooding. The national planning policy framework contains strong policies on flood risk, which, along with associated guidance, must be considered when local plans are made. They are also an important material consideration when planning applications are being determined.
The framework is clear that inappropriate development in areas of flood risk should be avoided by directing development away from areas at highest risk, including flood plains. That means that new housing and most other forms of development are not appropriate in a functional flood plain. Where the strict tests set out in national policy for flood risk are not met, it is clear that new development should not be allowed. I believe we share the same ambition to protect development from the risk of flooding. To that end, as I am sure the hon. Lady knows, local planning authorities are already required to follow the sequential and exception tests through the NPPF, associated planning guidance and the underpinning legislation that requires them to be taken into account.
New clause 86 seeks to require the installation of flood resilience measures in new build homes in areas at risk of flooding through an amendment to approved documents to the building regulations. I assure hon. Members that I agree with the intent of the new clause. As I said, the Government are committed to building the homes the country needs while ensuring that they are safe from flooding. Building regulations set a minimum standard to protect people’s safety, health and welfare. They are supported by approved documents that provide guidance in common building situations towards meeting outcome-based standards. Specifically, approved document C promotes the use of flood resilient and resistant construction in flood-prone areas, while avoiding placing undue costs on any properties that do not require further flood resilience measures.
Those designing homes can choose to use the Construction Industry Research and Information Association’s code of practice if they so wish, while ensuring that the building is compliant with the building regulations. However, to establish that as a minimum standard for all new dwellings would be, in our view, disproportionate. The revised national planning policy framework, published in December 2024, is clear that development should be directed to areas with the lowest risk of flooding. Where no alternative sites are available, permission should be granted only where it can be demonstrated that it will be safe for the building’s lifetime, taking account of the vulnerability of its users, without increasing flood risk elsewhere. Where possible, it should reduce flood risk overall.
The use of property-level flood protections, as recommended through the proposed Construction Industry Research and Information Association’s code of practice, such as flood doors, flood barriers and automatic air bricks, should only be considered as part of a wider package of measures to ensure that the development would be safe for its lifetime. Where they are used, they must be in compliance with the requirements of the building regulations. In addition, there are well-established means for ensuring that developments are not approved where there is unacceptable flood risk, with the Environment Agency and local authority bodies overseeing the maintenance of existing mitigation methods.
The Environment Agency has also commissioned an independent review of property flood resilience, which is due to report in the autumn, and we would not like to pre-empt its recommendations with any action that might be contradictory. Although I agree with the intent of the new clause, introducing additional building-level requirements through the approved documents to the building regulations is not a proportionate measure in the context of our wider policy framework. On that basis, I hope the hon. Lady might withdraw it.
Ellie Chowns
I beg to ask leave to withdraw the clause. “(zg) Any development in an area covered by an Internal Drainage Board. The relevant Internal Drainage Board.””
Clause, by leave, withdrawn.
New Clause 36
Internal Drainage Boards to be statutory consultees
“In Schedule 4 of the Town and Country Planning (Development Management Procedure) (England) Order 2015, after paragraph (zf) insert—
Brought up, and read the First time .
The Chair
With this it will be convenient to discuss the following: “(zg) Development likely to affect a water company The relevant water company””. “(zg) Development involving a building or property for which insurance will be required The Association of British Insurers””. (zg) Development likely to affect an area covered by a National Landscape Partnership The relevant National Landscape Partnership””. “(zg) Development involving Battery Energy Storage Solutions The relevant fire authority””. “(zg) Development likely to affect historic parks or gardens The Gardens Trust””. “(zg) Development which is likely to affect operations of ambulance services The ambulance trust concerned (zh)Development which is likely to affect operations of fire and rescue services The fire and rescue service concerned””.
New clause 62—Water companies to be statutory consultees for planning applications —
“In Schedule 4 of the Town and Country Planning (Development Management Procedure) Order 2015, after paragraph (zf) insert—
This new clause would make water companies statutory consultees on planning applications.
New clause 63—Association of British Insurers to be a statutory consultee —
“In Schedule 4 of the Town and Country Planning (Development Management Procedure) (England) Order 2015, after paragraph (zf) insert—
New clause 64—National Landscape Partnerships to be statutory consultees for planning applications —
“In Schedule 4 of the Town and Country Planning (Development Management Procedure) Order 2015, after paragraph (zf) insert—
New clause 87—Fire authorities to be statutory consultees for applications relating to Battery Energy Storage Solutions —
“In Schedule 4 of the Town and Country Planning (Development Management Procedure) Order 2015, after paragraph (zf) insert—
This new clause would ensure that fire authorities are included as statutory consultees in planning applications involving Battery Energy Storage Solutions (BESS’s).
New clause 90—Gardens Trust to be statutory consultees for planning applications —
“In Schedule 4 of the Town and Country Planning (Development Management Procedure) Order 2015, after paragraph (zf) insert—
New clause 97—Removal of statutory consultees —
“(1) A party may only be removed from the list of consultees—
(a) in or under section 42 of the Planning Act 2008, or
(b) in Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009,
once Parliamentary approval for the removal has been signified.
(2) Parliamentary approval may be signified by—
(a) the approval of a relevant statutory instrument;
(b) the agreement of a relevant motion.”
New clause 100—Pre-application consultation of emergency services —
“In Schedule 4 of the Town and Country Planning (Development Management Procedure) (England) Order 2015, after paragraph (zf) insert—
Gideon Amos
This group of new clauses relates to statutory consultees. We are concerned that the Government are reducing the number of statutory consultees. We do not believe that reducing consultation with expert bodies is the right approach. Some of the new clauses in this group relate to introducing certain organisations as statutory consultees into the system. Our new clause 62 would require water companies to be consulted. At present they are not consulted, but they are also obliged to provide connections. They are unable to state whether there is capacity to provide water supply for new development.
New clause 63 in the name of my hon. Friend the Member for Wells and Mendip Hills (Tessa Munt) would introduce the Association of British Insurers into the statutory consultation list, which would mean that insurance companies would be able to indicate whether they would be able to insure properties, particularly those vulnerable to flood risk. At present they have no role in the planning process to do that.
New clause 64 in the name of my hon. Friend the Member for Chichester (Jess Brown-Fuller) refers to national landscape partnerships being involved. Areas of outstanding natural beauty are now called national landscapes. The partnerships that oversee them are incredibly important and do not have any statutory voice in the planning system at present.
New clause 87 in the name of my hon. Friend the Member for Harrogate and Knaresborough (Tom Gordon) would require fire authorities to be consulted, and new clause 90, in the name of my hon. Friend the Member for St Albans (Daisy Cooper), would require historic parks and gardens to be consulted. New clause 97 is also included in this group. We believe Parliament should be required to agree when statutory consultees are removed from the list.
With regard to national landscape partnerships, in my constituency the Blackdown Hills national landscape partnership covers a wide number of local authorities that are unable to provide a single voice in the planning system. The partnership covers probably tens of different parishes and certainly three council areas. It has asked us to put forward the case for it to have a single voice, a seat at the table. If our national landscapes are of importance, they should have a seat at the table in the planning process.
Similarly, my hon. Friend the Member for Chichester points out that national landscapes such as Chichester harbour are just asking for a seat at the table in the same way that other organisations do. Chichester harbour national landscape currently responds to 300 planning applications a year, so there would be no increase in resource or funding required to become a statutory consultee. The pressures on Chichester harbour, with the loss of 58% of its salt marsh in 80 years—two and a half hectares a year—mean that it is under considerable stress and needs its voice to be heard in the planning process.
Matthew Pennycook
I will respond to this large group of new clauses by taking seven of them together and then responding separately to new clause 97.
New clauses 36, 62 to 64, 87, 90 and 100 seek to introduce internal drainage boards, water companies, the Association of British Insurers, landscape partnerships, fire authorities, the Gardens Trust and emergency services as statutory consultees in the planning application process. As the hon. Member for Taunton and Wellington will be aware, on 26 January my right hon. Friend the Chancellor of the Exchequer announced a moratorium on any new statutory consultees in the planning application process and a review of existing arrangements for statutory consultees to ensure that they align with the Government’s ambitions for growth.
I set out the Government’s concern in this area in more detail in the written ministerial statement that I made on 10 March. It responds to concerns—I think this is an important point to get on the record—not only from developers about the operation of the statutory consultee system at present, but from local planning authorities. In that written ministerial statement, I outlined a package of measures to reform statutory consultees in the planning system, so that they meet their goal of supporting high-quality development through the swift provision of expert relevant advice to inform decision making.
The Government have committed to reviewing the system of statutory consultees and will soon be consulting on proposals. At that point, I will expect and welcome a more extensive dialogue with the hon. Gentleman and others about the changes that we might have in mind. Decisions about the long-term operation of the system will be taken as part of the review, with any changes to statutory consultees being taken forward through changes to secondary legislation at a later date.
The new clauses are broadly framed and would result in the various bodies being consulted on a wide range of applications, including for small-scale housing and householder development. That could result, in our view, in many tens of thousands of applications requiring to be consulted on, which would be likely to have severe resourcing implications for the bodies in question—we have spoken about the resource pressures and challenges placed on local planning authorities, and hon. Members might like to have that in mind when drafting amendments that would increase pressure on them—and slow down the planning process. That would be especially acute in relation to application consultations for any building or property requiring insurance or any building that needs connecting to the water mains, and for fire and emergency services.
The Environment Agency and lead local flood authorities are statutory consultees in relation to flood risk issues. Internal drainage boards are not statutory consultees, but they do work proactively with local authorities, which are represented on their management boards, and they can comment on proposals within the statutory public consultation period. Where an internal drainage board raises issues that are material to the determination of the application in question, local authorities must take those into account in reaching a decision.
I should note that the Gardens Trust is currently a statutory consultee for development likely to affect any registered battlefields, gardens or parks. We have committed to consulting on the impact of removing its statutory consultee status, as part of the review. Any decision will obviously be taken in the light of the evidence provided through the consultation.
This Government take fire safety extremely seriously, but we do not feel that making fire authorities statutory consultees for planning applications involving battery energy storage solutions is necessary or proportionate. BESS grid-scale batteries are regulated by the Health and Safety Executive within a robust framework that mandates battery designers, installers and operators to uphold high safety standards. Developers of BESS sites are already expected, under guidance from the National Fire Chiefs Council, to engage with the local fire and rescue services prior to the submission of their planning application.
The Government are considering further measures to enhance the regulation of environmental and safety risks from BESS. DEFRA intends to consult by June 2025 on incorporating BESS in the environmental permitting regulations. That will provide further oversight to safeguard both people and the environment.
We must also consider at what stage in the planning process engagement is most effective. For instance, where particular emergency service concerns exist, such as in relation to high-growth areas, new settlements or developments with complex infrastructure needs, we believe that these are more appropriately addressed through local plan policies and strategic infrastructure planning. It is important to note that local planning authorities have the discretion to consult emergency services where that is relevant to a specific application.
Lastly on this large grouping of new clauses, I note that many organisations can meaningfully contribute to planning decisions through their responses within the statutory public consultation period. That includes charities that promote particular interests, as well as bodies performing public functions. However, the role of statutory consultee creates an obligation not just on the part of the planning authority to consult, but on the part of the consultee to respond within statutory timelines.
I set out in my written ministerial statement the ways in which the system, in various respects, is not performing in the way we believe is most conducive to the outcomes we seek. The burden is substantial, and existing statutory consultees, in some cases, can struggle to deliver. Under a streamlined and effective planning system, the bar for becoming a statutory consultee, in our view, must necessarily be high.
Gideon Amos
I will be brief. I know the Committee wants to move on to the remaining new clauses, and I will facilitate that—we will not push this new clause to a vote. I simply observe that, historically, there was not an issue of local authorities saying that they could not cope with statutory consultees and bodies. What we have now is a system that is not well enough funded, and consulting important bodies should not be seen as a cause of unnecessary delay in the planning process. We think the case is made for the bodies I set out, but we will not press the new clause to a vote. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 47
Prohibition of solar development on higher-quality agricultural land
“No permission may be granted for the building or installation of provision for solar power generation where the development would involve—
(a) the building on or development of agricultural land at grade 1, 2, or 3a, and
(b) building or installation at ground-level.”—(David Simmonds.)
This new clause would prohibit the development of solar power generation on higher quality agricultural land.
Brought up, and read the First time.
Question put, That the clause be read a Second time:—
Olly Glover
I beg to move, That the clause be read a Second time.
New clause 58 would impose a duty on local authorities to take reasonable steps to contribute to targets set out in the Environment Act 2021 and the Climate Change Act 2008. The Environment Act is the UK’s framework for environmental protection. It was particularly important after the UK left the European Union to maintain rules on nature protection, water quality, clean air and other environmental protections that were at risk. The Climate Change Act established a legally binding framework to reduce greenhouse gas emissions, making the UK the first country to do so. It set a target of net zero emissions by 2050 and established the Climate Change Committee.
The activities of local authorities inherently have an impact on carbon emissions, and UK100 has estimated that it amounts to between 4% and 9% of the UK’s total carbon emissions, which is of course a non-trivial impact. As we know, and as I believe we largely agree on this Committee, climate change is one of the biggest issues facing us today and has wide-reaching consequences. It is right that any organisation should take reasonable steps to reduce its carbon footprint, and local authorities are no exception.
New clause 58 would impose a duty on local authorities to take reasonable steps in relation to Environment Act and Climate Change Act targets, as they do not have such a statutory duty today. As the Committee has discussed, that presents opportunities as well as challenges for councils and our communities.
Matthew Pennycook
As the hon. Gentleman has just made clear, new clause 58 would place a statutory duty on local planning authorities to contribute to targets set under the Environment Act, the Climate Change Act and the Air Quality Standards Regulations 2010, and to contribute to the programme for adaptation to climate change under the Climate Change Act.
Many local authorities already have a high level of ambition to tackle climate change, restore nature and address wider environmental issues, including air quality. In our view, it is not clear what additional benefits, if any, a new statutory duty would bring. Local authorities already have statutory duties to improve air quality in their areas. Thanks to the combined efforts of local and central Government, air quality in the UK is improving, although we accept that there is more to do. The Government will continue to work with local authorities to reduce air pollution and its harmful effects.
Existing tools and duties also support efforts to contribute to targets for nature, such as local nature recovery strategies, which we have discussed, and the biodiversity duty under the Natural Environment and Rural Communities Act 2006, which was strengthened by the Environment Act 2021. The latter requires all public authorities to consider and take action to conserve and enhance biodiversity, which must have regard to any relevant local nature recovery strategy and any relevant species conservation strategy or protected site strategy prepared by Natural England.
On climate adaptation, the Government already work closely with local authorities, a number of which are developing dedicated climate risk assessments. In October, the Government launched the local authority climate service, which provides tailored data on climate change impacts. The Government also ran the first adaptation reporting power trial for local authorities last year, providing guidance and support on how to assess climate risks to their functions and services.
The Government also provide a range of net zero support to local authorities. This includes funding five local net zero hubs, which support local authorities to develop net zero projects and attract commercial investment, and funding the local net zero accelerator pilot programme to test how to support local places to leverage commercial investment at scale to accelerate the move to net zero.
Given such existing support, and the fact that many local authorities are already taking great strides in tackling the combined issues of environmental decline and climate change impacts, we do not think a statutory duty for local authorities to contribute to environmental, net zero or air quality targets, or towards the Climate Change Act’s programme for climate adaptation, is necessary. For that reason, I hope the hon. Gentleman will consider withdrawing the new clause.
Olly Glover
I thank the Minister for his response, and we note his comments. Yes, many local authorities are making significant contributions, but I am sure he would agree that it is patchy and inconsistent at the moment. Nevertheless, we will not press the new clause to a Division, but we will observe local authority progress and Government support in the future. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 75
Requirement for 20% of housing to be on small sites
“(1) The Secretary of State must, within six months of the passing of this Act, issue or update guidance for local planning authorities regarding the identification of sites for housing development.
(2) The guidance must outline a requirement for at least 20% of an authority’s housing requirement to be accommodated on sites no larger than one hectare.”—(David Simmonds.)
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Planning and Infrastructure Bill (Fourteenth sitting)
(2 days, 2 hours ago)
Public Bill CommitteesRead Hansard Text Read Debate Ministerial Extracts
The Committee divided: - Ayes: 3 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 10 - Question accordingly negatived.
Ellie Chowns (North Herefordshire) (Green)
I beg to move, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss the following:
New clause 78—Cooling hierarchy guidance—
“The Secretary of State must, within six months of the passing of this Act, issue guidance for local planning authorities which—
(a) outlines a cooling hierarchy; and
(b) provides guidance on the application of the cooling hierarchy in the exercise of a local planning authority’s planning and development functions.”
This new clause would require the Secretary of State to publish guidance for local planning authorities on applying the "cooling hierarchy"—a structured approach to reducing overheating risk in buildings, prioritising passive and sustainable design measures.
New clause 79—Overheating risk assessments—
“(1) The Secretary of State must, within six months of the passing of this Act, require all applications for planning permission for residential development to include an overheating risk assessment.
(2) An overheating risk assessment must be conducted in accordance with—
(a) the Chartered Institution of Building Services Engineers’ design methodology for the assessment of overheating risk in homes, or
(b) any successor standard designated by the Secretary of State.”
This new clause would require all planning applications for residential development to include an overheating risk assessment, conducted in line with the latest recognised technical standard, such as those of the Chartered Institution of Building Services Engineers (CIBSE).
New clause 80—Incorporation of features to mitigate overheating risk—
“(1) When preparing any plan or strategy relating to the development of housing under the Planning and Compulsory Purchase Act 2004, a local planning authority must have regard to the need for residential developments to incorporate passive design features that mitigate the risk of overheating.
(2) Passive design features may include—
(a) cross-ventilation,
(b) external shading,
(c) solar control glazing, and
(d) thermal mass.”
This new clause would require local planning authorities, when preparing housing-related plans or strategies, to have regard to the need for residential developments to include passive design features that reduce the risk of overheating, such as cross-ventilation, external shading, solar control glazing, and thermal mass.
New clause 81—Access to data on overheating risk—
“(1) For the purposes of supporting the making of local plans, spatial development strategies and planning decisions, the Secretary of State must make provision for local planning authorities to have access to relevant data relating to overheating risk.
(2) The Secretary of State must ensure that data on overheating risk made available to local planning authorities is updated at intervals not exceeding five years.”
This new clause would require the Secretary of State to ensure that local planning authorities have access to up-to-date data on overheating risk, to support the making of local plans, spatial development strategies, and planning decisions.
Ellie Chowns
It is a pleasure to serve under your chairship once more, Mrs Hobhouse. I rise to speak in strong support of a group of new clauses that address a clear and growing risk to public health, quality of life and economic productivity: domestic overheating. It may surprise some—hopefully no one in this room—to know that the risk of overheating in homes is now one of the most severe climate-related threats in the UK. The Climate Change Committee’s independent climate risk assessment identifies overheating in homes as one of the most severe climate risks, requiring urgent action. Over half of UK homes are already at risk of overheating, and that is projected to increase to 90% homes under a 2°C global warming scenario, which unfortunately is a possibility.
This is not some distant hypothetical; the Met Office recorded the UK’s first ever 40°C day in 2022. Already around 2,000 deaths per year in England are attributed to heat waves, a number that is projected to more than triple by the 2050s under even a medium-emissions scenario. This is not just a health issue but an economic one. Evidence shows that overheating in buildings could cost the UK economy £60 billion a year—the equivalent of 1.5% to 2% of GDP—through lost productivity. That is on top of the economic costs of heat-related mortality, estimated to already be £6.4 billion per year in England, which is likely to increase to £14.7 billion per year by the 2050s. These are huge figures.
As highlighted by the Climate Change Committee,
“early adaptation investments deliver high value for money”,
with every £1 invested in adaptation delivering £10 in net economic benefits. That is a huge rate of return and a huge benefit-cost ratio. As heard by the Environmental Audit Committee, passive measures supported through planning, such as installing external shutters, can reduce incidence of heat mortality by around 40%.
Given the urgency, I draw the Committee’s attention to a regrettable decision made more than a decade ago. In 2012, the coalition Government removed references to “overheating” from the national planning policy framework. This left a significant gap in our planning system’s ability to deal with overheating risks—one that has not been adequately addressed since. That is precisely why we need the new clauses. There are five in the group, each of which deals with a particular element that needs addressing, and I will go through them now.
New clause 77 would empower local authorities to impose conditions on planning permissions where there is demonstrable overheating risk, such as single-aspect flatted developments with no cross-ventilation. It is a targeted, proportionate provision that would allow planning authorities to respond to local climatic data with appropriate preventive conditions, and it would undo the short-sighted change introduced by the previous Government.
New clause 78 would introduce statutory guidance on the cooling hierarchy, an approach that is already familiar in London planning policy. The hierarchy prioritises passive design strategies, such as shading and ventilation, before resorting to energy-intensive cooling. This aligns with our net zero goals and ensures resilience, without placing undue burden on developers and the grid. Why would we not ensure that our buildings can effectively cool themselves before going to measures such as installing air conditioning?
New clause 79 would address a significant gap by requiring all full planning applications for residential developments to include an overheating risk assessment, using the established TM59 standard, or its successor, from the Chartered Institution of Building Services Engineers. At present, many new homes are being designed with large, south-facing windows, poor ventilation and inadequate shading. Building regulations alone do not capture this risk at the early design stage, so the planning system must intervene. Overheating is a planning issue, not just a building regulations issue. Building regulations govern how buildings are constructed; planning dictates what gets built and where.
Rachel Taylor (North Warwickshire and Bedworth) (Lab)
It is a long-standing norm that building regulations deal not just with the construction of buildings but their thermal efficiency and performance. That is why energy performance certificates were introduced, and there are regulations on windows, glazing and glass roofs all found within the building regulations. Surely these provisions on overheating need to go hand in hand with those provisions on thermal efficiency in housing, and therefore sit far better within building regulations than in this Bill.
Ellie Chowns
I do not at all dispute that there is potential to go further and faster within the framework of building regulations to address the risks that I am outlining. However, there is also potential within the planning framework to do it, which is exactly the point that I have made. The removal of “overheating” from the planning framework in 2022 meant that things have got worse. We have an opportunity in the Bill to ensure that we tackle overheating through the planning framework, as well as the building regulations framework. It really is not an either/or. There is scope and need within both those frameworks to address the risks that I am outlining.
New clause 80 would ensure that local plans must consider passive design in residential development, from cross-ventilation to thermal mass. These are well-established strategies that can drastically reduce indoor temperatures during extreme heat events without energy use.
Finally, new clause 81 would ensure that local authorities have access to up-to-date, localised overheating risk data. Evidence-based planning is possible only when planners are equipped with timely, spatially accurate information. Datasets such as these have already been pioneered in places like Bristol, with its Keep Bristol Cool map and local plan policies. Likewise, the Department for Environment Food and Rural Affairs has been developing national data on overheating, and that could form the basis of rolling out such support nationally.
We really must not miss this opportunity. Climate adaptation cannot be an afterthought; it needs to be embedded in our planning framework and how we plan our communities, protect our citizens and shape the homes of tomorrow. These five new clauses offer a clear, practical and urgently needed framework to ensure that our planning system is fit for a warmer world. I urge the Committee to support them.
The Minister for Housing and Planning (Matthew Pennycook)
It is a pleasure to continue our proceedings with you in the Chair, Mrs Hobhouse. I thank the hon. Member for North Herefordshire for tabling the new clauses and raising the very real social and economic issue of overheating in our homes. I absolutely agree with her aims to ensure that homes being built do not give rise to the health and lifestyle risks that come with overheating.
In 2021, a new part of the building regulations—part O —was introduced, which was designed specifically to ensure that new homes are built to mitigate the risk of overheating. As the hon. Lady will know, compliance with building regulations is mandatory. Given the transitional arrangements that accompany new building regulations, it is only relatively recently that we have seen new homes built specifically to mitigate the risk of overheating, so we are seeing that effect come through the planning system. As part of the future homes and buildings standards consultation, which ran from December 2023 to March 2024, my Department ran a call for evidence on part O. This was to investigate how industry was finding part O, how it was being implemented and whether further improvements could be made. The Government response to that call for evidence, with details of next steps, will be issued later this year.
Different regulatory regimes exist for different purposes, and aspects of building construction concerned with heating and cooling are best addressed through these regulations. The planning system absolutely has a role in mitigating the risks of overheating, but in the Government’s view, that is more in the overall layout and form of development—matters that are covered in national planning policy. Notwithstanding the comments that the hon. Lady made about changes introduced by the coalition Government, paragraph 161 of the national planning policy framework sets out that concern must be given to
“taking into account the long-term implications”
of a range of matters, including overheating.
I reassure the hon. Lady that there is specific reference to overheating in the NPPF as it stands. As we have discussed several times, the framework was partially revised in December last year, but we have again committed to consult on clearer policies for development purposes, which is how decisions on applications are made. These will cover the full range of planning considerations, including how the planning system can address the risks posed by climate change. This is a really important topic, but we think that we are addressing it through our work to strengthen building regulations and planning policy in the future. On that basis, I hope that the hon. Lady is somewhat reassured and will withdraw the motion.
Ellie Chowns
I am somewhat reassured that the Minister recognises the severity of the problem. None the less, I maintain that there is need and scope to go further in ensuring that the planning system specifically enables us to address this issue. In the interests of gently encouraging the Minister further in the direction of tackling overheating, I will press this new clause to a vote.
Question put, That the clause be read a Second time.
Olly Glover (Didcot and Wantage) (LD)
I beg to move, That the clause be read a Second time.
It is once again a pleasure to serve under your chairship, Mrs Hobhouse, in the final hour of this Bill Committee—[Hon. Members: “Hear, hear!”]—metaphorically speaking, of course. I rise to speak to new clause 88 on behalf of my hon. Friend the Member for Henley and Thame (Freddie van Mierlo). The new clause is intended to update the guidance on the use of compulsory purchase orders for active travel routes. One of the reasons the Liberal Democrats tabled the new clause is because, not unlike many other forms of infrastructure, building active travel routes seems to take a disproportionately long time and involve a huge amount of legal complexity. This is one idea to help make it a little easier.
The new clause calls on the Secretary of State to review existing guidance and remove barriers to using compulsory purchase orders for active travel routes—I have previously pledged not to use that term—by which I mean walking, cycling and wheeling routes. Such orders can be used to acquire land for a project or development that is in the public interest, but local authorities seem currently reluctant to use them, although they regularly do so for road projects.
To give an example, in the constituency of my hon. Friend the Member for Henley and Thame, the Thame to Haddenham greenway is a cycleway that will connect Thame to the village Haddenham, just three miles away, which would also help to improve connectivity between Thame itself and the Haddenham and Thame Parkway station on the Chiltern main line. Currently, reaching one from the other requires a cycle down the very busy A418. It is an important link, as it would provide safer pedestrian and cycle routes for tourism, for visiting friends and family in the area, and for commuting to and from London. I could bore the Committee with many similar examples in my own constituency, but I shall restrain myself on this occasion.
The delay is being caused by a variety of issues, but the biggest in this case is trying to acquire the land. Because of the number of owners, it is often the case that one may refuse, even if many others are willing, making the whole route or project impossible. Using a compulsory purchase order would allow the local authority to bypass such obstacles to build the project, as it would be seen as delivering a public good.
While there are a few cases of CPOs being used successfully for active travel, it is difficult because local authorities are reluctant, and the new clause would improve that situation. I look forward to hearing the Minister’s comments.
Matthew Pennycook
I thank the hon. Gentleman for speaking to new clause 88, tabled by the hon. Member for Henley and Thame. The new clause would place a requirement on the Secretary of State to publish guidance within 12 months of the Bill becoming law on what is considered a compelling case in the public interest for the use of compulsory purchase powers, and to clarify that active travel schemes are in the public interest. The Government already publish guidance on the compulsory purchase process, including advice on how local authorities can demonstrate a compelling case in the public interest for the use of their CPO powers in general terms. It also provides more detailed guidance on the most commonly used local authority powers.
The Government are keen to support local authorities to use their CPO powers in the public interest, and we published updated guidance in October last year. We also intend to publish updated guidance to reflect the reforms being implemented through the Bill. In addition, CPO powers can already be used for active travel routes and can be executed by local authorities as part of their wider statutory functions. To assist authorities in deploying the powers more effectively, Active Travel England is developing guidance to support local authorities in the design and delivery of active travel routes. The guidance will be published in consultation with local authorities in due course.
Given that the guidance that the hon. Member for Didcot and Wantage has requested on the CPO process already exists, and further guidance is set to be published by Active Travel England, we believe the new clause is unnecessary, and I am afraid I cannot accept it for those reasons.
Olly Glover
I thank the Minister for his comments. I was very pleased to hear him reference Active Travel England; as one of the vice-chairs of the all-party parliamentary group for cycling and walking, I have been very impressed by the leadership of Chris Boardman, and it is good to hear the Minister making encouraging noises in that direction. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 91
Embodied carbon assessments
“(1) Local planning authorities must, within 12 months of the passing of this Act—
(a) require applications for permission for developments which exceed a specified gross internal area and number of dwellings to include an embodied carbon assessment;
(b) consider a relevant embodied carbon assessment as a material factor when considering whether to grant permission for the development.
(2) The Secretary of State must—
(a) approve a methodology for calculating embodied carbon emissions;
(b) provide guidance on how the whole-life carbon emissions of buildings must be expressed; and
(c) establish a centralised reporting platform to which embodied carbon and whole life carbon assessments must be submitted.
(3) For the purposes of this section—
‘embodied carbon’ means the total emissions associated with materials and construction processes involved in the full life cycle of a project;
‘whole life carbon’ means the combination of embodied and operational emissions across the full life cycle of a project;
‘operational emissions’ means the carbon emissions from the energy used once a project is operational, including from heating, lighting and cooling.”—(Ellie Chowns.)
This new clause would require the submission of embodied carbon assessments for larger developments as part of the planning application and consideration of these by local planning authorities. The Secretary of State will be required to approve a methodology, issue guidance, and establish a centralised reporting platform for whole-life carbon emissions.
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss new clause 108—Repeal of section 14A of the Land Compensation Act 1961—
“In the Land Compensation Act 1961, omit section 14A.”
Ellie Chowns
New clause 91 would require the submission of embodied carbon assessments for larger developments as part of the planning process. It is a practical, forward-looking measure that I think will make a significant difference. It has been called for widely by industry, and indeed by parliamentarians, for some years, and it relates to a critical and currently unregulated area of the UK’s built environment emissions. The new clause would require planning applications for development only over a certain size to include an embodied carbon assessment, and it would provide for the Secretary of State to approve a methodology, issue guidance on how the assessments should be carried out, and establish a centralised reporting platform. Crucially, it would require that local planning authorities consider these assessments as a material factor when reviewing an application.
Embodied carbon refers to the emissions associated with materials and construction processes throughout the whole life cycle of a building or of infrastructure. This is typically from any processes, materials or products used to construct, maintain, repair, refurbish or repurpose a building. The UK Green Building Council estimates that the UK releases around 60 million tonnes of embodied carbon per year. That is more than aviation and shipping combined, and it accounts for over 10% of UK emissions. This is really significant. As I mentioned on a previous day, as we become more efficient in the operational carbon in our buildings, the embodied carbon in them becomes an increasingly significant part of the carbon reduction challenge in the building sector.
Embodied carbon has not substantially reduced over the last 30 years, unlike operational carbon, despite initiatives to decarbonise material manufacturing. Unlike operational carbon, which can be regulated through building performance standards, embodied carbon remains unaddressed by policy. As a result, decisions with very significant long-term climate implications are being made every day without a consistent framework for assessing their carbon impact. It is a huge unregulated problem.
The new clause seeks to close that gap in a measured and industry-ready way. It would not impose a burden on small-scale development—only major schemes, where carbon savings from early design choices are both most impactful and most achievable. It would buils on existing tools and industry momentum, and industry actually really wants this. There are already widely used standards and guidance available, including the whole life carbon assessment guidance from the Royal Institution of Chartered Surveyors, the UK net zero carbon buildings standard and the embodied carbon primer from the London Energy Transformation Initiative.
Many local authorities, such as the Greater London Authority, Bristol and Manchester, have begun requiring whole life carbon assessment as part of planning. Embedding this requirement in the Planning and Infrastructure Bill would provide clarity and consistency, saving time and minimising potential legal challenge by ensuring that planning authorities are demonstrably committing to the fulfilment of statutory climate duties. It would empower local planning authorities to make more informed, balanced decisions that take account of our legally binding net zero commitments and provide a consistent policy environment in which developers can operate.
This next bit is really important: there is strong consensus from industry that there is a need for this requirement to be widespread. Over 140 organisations have signed up to Part Z, a proposal developed by industry that calls for embodied carbon regulation. The industry is ahead of the politicians on this, and they are calling for it. This new clause requires a central database and consistent measurement framework to streamline and simplify the current diversity of approaches. Standardisation of embodied carbon measurement is a major priority, with leading industry organisations—such as UKGBC, the Royal Institute of British Architects, CIBSE, the Institution of Structural Engineers and RICS—calling for a national framework to ensure consistency between planning authorities.
Importantly—this is my final paragraph—this new clause aligns with the Bill’s aim to accelerate the delivery of housing and infrastructure while ensuring that the system is fit for future needs. The decisions that we make today about what we build and how we build it will lock in emissions for decades. This new clause is not a barrier to development: it is a tool to build better, more responsibly, more efficiently and more sustainably. It enables early intervention, supports innovation and ensures that the carbon cost of our buildings is not ignored in the rush to meet targets. It is pragmatic, proportionate and backed by industry. If the Minister is not inclined to accept the new clause, I would very much welcome a meeting with him to discuss how we can ensure that embodied carbon is taken forward and we use Government policy to address this important issue.
Matthew Pennycook
I thank the hon. Lady for tabling this new clause, and I very much recognise the challenge that she has outlined. The Government are committed to the 2050 net zero carbon emissions target, and we recognise that embodied carbon can account for a significant proportion of a building’s whole life carbon emissions. Climate change is obviously one of the greatest challenges facing the world today, and managing carbon emissions and carbon storage is vital to mitigating the speed and impact of climate change. The national planning policy framework is clear that the planning system should contribute to and support the transition to a low-carbon future. Plans should take a proactive approach to mitigating and adapting to climate change, taking into account the long-term implications, in line with the objectives and provisions of the Climate Change Act 2008.
Our consultation in the summer of last year on changes to the NPPF deliberately sought views on whether carbon can be accurately measured and accounted for in plan-making and planning decisions to establish industry readiness and identify any challenges to widespread use of carbon assessments in planning. We received a wide range of views on this topic, and based on the responses received, we do not consider it appropriate to make carbon assessments a mandatory requirement using a standardised methodology at this stage. However, we consider that both local authorities and developers could benefit from clearer guidance on the use of appropriate tools to assist in reducing the use of embodied carbon and operational carbon in the built environment, and we have committed to updating the relevant planning policy guidance to support this.
Addressing embodied carbon is a challenge across the built environment and construction supply chains, not just in buildings. As other policies take effect, and industries that supply construction decarbonise, the embodied carbon emissions of buildings will fall in turn. I am happy to give the matter further thought, and I am more than happy to have the hon. Member for North Herefordshire take one of my Tea Room surgery appointment slots.
Ellie Chowns
I thank the Minister, and look forward to discussing this with him further. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 94
Considerations when deciding an application for development consent
“In section 55 of the Planning Act 2008 (acceptance of applications), after subsection (4) insert—
‘(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—
(a) identified and resolved issues at the earliest opportunity;
(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;
(c) enabled applicants to obtain relevant information about the economic, social, community and environmental effects of the project; and
(d) enabled appropriate mitigation measures to be identified, considered and, if appropriate, embedded into the proposed application before the application was submitted.’”—(Gideon Amos.)
This amendment to the Planning Act 2008 would require the Secretary of State to consider the content and adequacy of consultation undertaken with affected communities when deciding an application for development consent.
Brought up, and read the First time.
Gideon Amos (Taunton and Wellington) (LD)
I beg to move, That the clause be read a Second time.
I will be brief, Mrs Hobhouse. Earlier in the progression of the Bill, we debated the removal of the pre-application requirement—all the statutory requirements for pre-application consultation under the Planning Act 2008. It may be wishful thinking, but it seemed to me that it was a generally held view that a qualitative test of some sort was needed for the consultation carried out by applicants before a DCO NSIP application is accepted for examination. That is certainly the opinion among the Liberal Democrats.
We therefore drafted the new clause, which repeats the four key paragraphs on the requirements for good consultations, which are in Government guidance, and places them on the face of the Bill as something to which the Secretary of State should have regard when considering whether to accept an application for development. In other words, in simple terms, when an application comes in, the Secretary of State and the inspector should consider the extent to which the applicant has consulted people and how well they have consulted people. That seems to be a basic, straightforward and simple requirement. I am sure the Government will have many complicated reasons for why this cannot be done, but to my mind it seems a straightforward way of dealing with it: introducing a qualitative test for Government to apply, given that they are removing all the pre-application consultation requirements from the primary legislation.
I have a quotation from Suffolk county council. As many will know, Suffolk has had more than its fair share of nationally significant infrastructure projects, far more than anywhere else in the country, starting with the Ipswich rail chord a number of years ago, with which I had some involvement. Suffolk is the site of numerous offshore wind farms, solar farms, Sizewell and huge numbers of cable routes and substations so, as the council describes it:
“Suffolk County Council has been involved with the delivery of projects under the Planning Act…since 2010”.
It states:
“The proposed replacement of a statutory requirement, by statutory guidance alone, is therefore, neither sufficient nor robust.”
I will not continue the quotation in the interests of time. I am sure that the Committee gets the gist. We offer the new clause as a way of securing sensible test, so that there is proper pre-application consultation, and that that continues to occur despite the removal of all the requirements under the Act.
Matthew Pennycook
I thank the hon. Gentleman for moving the new clause. Without testing the patience of the Committee too far, I will speak fairly briefly to set out the Government’s position, because I recognise the concerns that were expressed in previous debates. As he described, the new clause would result in the Secretary of State having to take into account how community consultation has taken place in the determination of whether an NSIP application should be accepted for examination. Specifically, the new clause would require the Secretary of State to consider whether the application has sought to resolve issues, enabled interested parties to influence the project during early phases, obtained relevant information about the locality, and enabled appropriate mitigation through community consultation.
We recognise the crucial role that communities’ engagement and consultation can play in building infra-structure that mitigates impacts and increases benefits for communities, but the Government do not agree that a statutory test is the right way to achieve that objective. Evidence shows that the statutory consultation requirements —as debated at length in an earlier part of the Bill—which are unique to the NSIP regime, are creating perverse alternatives. Risk-averse developers end up producing lengthy documentation that is aimed at lawyers and not communities. Moreover, developers are disincentivised to change their schemes in light of responses to those consultations for fear that they would have to go out to consultation again. Let us be clear; this slows down delivery and increases cost to all our detriment.
As we discussed with the pre-application stage, the times have nearly doubled since 2013 to over two years, and we estimate that our proposals could save businesses up to £1 billion over the lifetime of this Parliament. For this reason, as we have already debated, the Government have tabled amendments to remove all statutory consultation requirements during pre-application. This includes amending the acceptance test in section 55 of the Planning Act 2008 to remove the adequacy of consultation test.
Gideon Amos
It continues to be a privilege to serve the Committee with you in the Chair, Mrs Hobhouse, and a pleasure to serve under my right hon. Friend the Member for Kingston and Surbiton (Ed Davey). I am very grateful for the opportunity to respond to what the Minister has said on this new clause. It is worth pointing out that the new clause would not reintroduce all the procedural requirements that are being removed from the Planning Act 2008. It would place a test in the Bill that, as the Minister has just said, will already be applied, because it is in the guidance. If it is already being applied under guidance, I am not sure why the Government feel that it will be so detrimental and delay applications to such a great extent.
Including this provision in the Bill would give the Secretary of State the clear ability to refuse an application where that consultation has been wholly and completely inadequate. Take, for example, an applicant who comes forward after completely refusing to consult anybody on anything. There would be nothing in the Bill that expressly allows the Minister to take that into account when deciding whether to accept the application for examination. I know that the Committee would like to make progress, so I will not press the new clause to a vote. I think the point has been made, and I hope the Government will consider it further. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 95
Repeal of requirement for agreement to removal of consent in DCOs
“In the Planning Act 2008, omit section 150 (removal of consent requirements).”—(Gideon Amos.)
This amendment to the Planning Act 2008 would remove the existing requirement that development consent orders can only remove a requirement for consent or authorisation with the agreement of the relevant consenting body.
Brought up, and read the First time.
Gideon Amos
I beg to move, That the clause be read a Second time.
The new clause would remove section 150 from the Planning Act 2008, which would restore the ability to elected Ministers, when making decisions on NSIPs, to make decisions on other consents, which is currently reserved to executive agencies and non-departmental public bodies.
In other aspects of the Planning Act, these big development consent order projects are intended to follow a single-consenting regime, which works reasonably well. As we discussed earlier today, it includes a listed building consent, conservation area consent and a whole range of other matters. Certain consents are reserved to other executive agencies—or quangos, we might say. That is time consuming, as it obstructs the principle of a single, one-stop shop for these big projects. It is also less democratic even than the Secretary of State taking the decision.
Industry is keen on this new clause. Another reason to table it was to show the Minister that we also have proposals to speed up the process, where that does not remove people’s democratic say. The new clause would enhance that democratic say, because it would restore to elected Ministers some of the decisions that are currently reserved to unelected arm’s length bodies. The new clause is offered in the spirit of improving the Planning Act 2008 regime.
Matthew Pennycook
I thank the hon. Gentleman for moving the new clause. As he says, it seeks to repeal section 150 of the Planning Act 2008. I recognise the issue touched on, and it is one that the Government have considered but ultimately decided not to make the changes that he seeks, for reasons that I will outline.
In addition to the planning permit granted through the DCO, NSIPs have to secure a range of other, secondary consents. Those can be temporary permits if only needed for construction, or permanent permits if needed for operating the development. Section 150 enables applicants to include those secondary consents in the DCO, instead of having to seek them separately. That speeds up the consenting process, but it is subject to the agreement of a relevant consenting authority, such as the Environment Agency.
The Government agree that the consenting and permitting process for NSIPs needs to be streamlined, and work is ongoing to achieve that. Seeking permits after the DCO has been granted causes unnecessary delays to the construction of significant infrastructure schemes. As the hon. Gentleman referenced, section 150 was intended to support the one-stop shop ambition of the NSIP regime, but in practice is rarely used. Consenting bodies require a large amount of information to decide on a permit application, but applicants rarely have such information this early in the planning application process.
As we said in the planning reform working paper, the Government want to deliver the one-stop shop vision for the NSIP regime. We considered potential reforms, such as a deemed consent framework, or indeed to repeal section 150, to reduce barriers and increase uptake. However, after speaking extensively with stakeholders, we think that those are not viable options.
The new clause repealing section 150 would allow applicants to include consents and permits in their draft DCO application without the agreement of the consenting body. The secondary consents would then be included in the DCO under section 120, which does not require permission from the relevant consenting authority. That risks, however, lessening the robustness of the permitting process for the following reasons.
As the draft DCO is submitted at an early stage, most applicants do not have enough information about their project to underpin a permitting decision, and consenting bodies would need to evaluate applications based on incomplete information. The Secretary of State making the decision on the DCO would likely have insufficient information to make a robust and legally sound decision. In particular for environmental permits, there is a risk of regression on environmental standards. Some consents are also not suitable to be included in the DCO, because they relate to ongoing activities that a regulating body needs to monitor, and where permits may need to be amended or revoked. I therefore disagree—the Government took this view on the balance of serious consideration, after engaging with a wide range of stakeholders—that repealing section 150 would be beneficial.
Instead, we will reduce the permitting burden by reforming the permitting system. Many NSIPs need environmental permits for low-risk temporary construction activities. Our wide-ranging reforms will modernise, accelerate and simplify decisions to get projects and developments moving, while upholding protections for the environment and local communities. The reforms by the Department for Environment, Food and Rural Affairs will further empower regulators to make risk-based decisions on which activities should be exempt from needing environmental permits.
Easing permitting requirements for low-risk activities will help to speed up consenting and construction, as well as incentivise more investment in infrastructure. Further operational and service improvements to the Environment Agency’s permitting service will enable permits to be issued faster. Additionally, we will provide clearer guidance to applicants and consenting authorities to improve the usage of section 150 in its current form.
I hope that the hon. Member for Taunton and Wellington accepts that we recognise the problem, but think that there is a different way to address the challenges he has highlighted that does not involve a full repeal of section 150. We agree that change is needed, but we are focusing on alternative and what we consider more effective solutions. On that basis, I hope that he is reassured, although I recognise the point he makes.
Gideon Amos
I am concerned that this smacks of certain parts of Government reserving to themselves decisions that could easily come under one Secretary of State, and would be the one-stop shop that we would all like to see. In the interests of time, however, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 96
Review of land value capture
“(1) The Secretary of State must, within six months of the passing of this Act, conduct a review of land value capture.
(2) A review under this section must consider—
(a) the benefits of different methods of land value capture;
(b) international best practice;
(c) how changes to existing practice could assist in the meeting of housing targets and the delivery of critical infrastructure and public services; and
(d) how any changes to existing practice could be incorporated into UK planning law.
(e) The Secretary of State must, within six months of the conclusion of the review, lay before Parliament a report on the findings of the review.”—(Olly Glover.)
This new clause would require a review into methods of land value capture, to ensure the public benefit from instances where land value rises sharply, and for this to be considered to be incorporated into UK planning legislation.
Brought up, and read the First time.
Olly Glover
I beg to move, That the clause be read a Second time.
The new clause would require a review into methods of land value capture, for reasons that I shall explain. As the Minister will be aware, currently the primary mechanisms to capture land value uplifts in England are developer contributions, in the form of section 106 agreements and the community infrastructure levy. While those mechanisms bring some benefits, they are not without their challenges.
Earlier this year, the Commons Housing, Communities and Local Government Committee launched an inquiry to examine how land value capture policies can contribute to the delivery of the Government’s house building plans and, crucially, help to fund affordable housing and public infrastructure. The Committee gathered valuable insights from experts, and one finding was that in high- value locations such as the greater south-east, to put it in affordable housing terms, only 19.6% is being achieved on average at the moment, whereas one could achieve 40% to 50%.
Land value capture is not unknown in this country—indeed, it is being used to finance the ongoing operational costs of the newly reopened Northumberland line between Newcastle, Blyth and Ashington in the north-east of England—but we need a land value capture system more widely that is fair and delivers what communities need: genuinely affordable housing, and public infrastructure and services that people can rely on. Moving to more mechanisms for local authorities to use land value capture methods other than section 106 and CIL might enable them to fund some more expensive elements of infrastructure, such as new railway stations or lines, that are currently neglected.
The new clause would require a review into land value capture methods, building on the work of the Select Committee inquiry. National Government should consult with local government. I look forward to the Minister’s comments.
Matthew Pennycook
I thank the hon. Gentleman for raising the important issue of land value capture. As he says, local planning authorities can use developer contributions secured through section 106 planning obligations and the community infrastructure levy to capture a proportion of the increases in land value that occur as a result of planning permission being granted.
Developer contributions play a vital role in the planning system: nearly half of affordable homes delivered in England each year are through section 106 planning obligations, and contributions from developers fund essential infrastructure to support new development and mitigate its impacts. That is why, as I made clear previously in relation to earlier amendments and clauses, the Government are committed to strengthening the system of developer contributions to ensure that new developments provide the necessary affordable homes and local infrastructure.
To that end, we chose not to implement the alternative proposal for land value capture provided for in the Levelling-up and Regeneration Act 2023—namely, a mandatory infrastructure levy, which the previous Government would have had replace section 106 and CIL—given the concerns raised by many involved in the planning system. I remember extensive debates on that point in Committee; if hon. Members think that some of the debates that we have had lasted a long time, I refer them back to the Hansard reports of the debates on that infrastructure levy. There were real risks that it would, overall, have led to our receiving less affordable housing than under the present system, so we are not taking it forward.
We have already made progress through the revised national planning policy framework published on 12 December last year in other areas—for example, the new golden rules for green belt development, which are designed to capture more of the land value uplift to fund central infrastructure and high levels of affordable housing—and we will legislate to give mayors of strategic authorities the power to raise a mayoral CIL, alongside the requirement to have a spatial development strategy in place, enabling them to raise revenue for strategic growth-supporting infrastructure where that is balanced with viability.
We welcome an ongoing discussion about how we improve the system of developer contributions—I look forward to hearing the thoughts of the hon. Gentleman’s when we bring the Government’s proposals forward in due course—and I personally look forward to engaging with the findings of the Housing, Communities and Local Government Committee’s important inquiry into this subject. However, we believe that the Government’s focus is better directed on delivery at this stage, reporting to Parliament through the usual procedures. On that basis, I hope that the hon. Member is content to withdraw the motion.
Olly Glover
I am grateful to the Minister for his comments; the Committee will be delighted to learn that I will not rise to his challenge to debate at inordinate length. It is good to hear that the Government are taking forward some proposals in this area and, given that there is an ongoing Select Committee inquiry, I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 98
Electricity distribution networks: land and access rights
“(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—
(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.”—(Gideon Amos.)
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.
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss new clause 99—Extension of permitted development—
“The Secretary of State must, within 12 months of the passing of this Act—
(a) make provision for the following to be included as permitted development—
(i) upgrading of existing 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 wood 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 and the Electricity Safety, Quality and Continuity Regulations 2002;
(ix) temporary placement of a line for a period of up to two years.
(b) consult on the introduction of further measures for the purposes of enabling distribution network upgrades and reinforcements to be delivered as permitted development.”
Gideon Amos
New clauses 98 and 99 would require the Government to review permitted development rights and land acquisition rights for the electricity distribution network. The electricity distribution network is about 200,000 kilometres of bending overhead lines. If we are going to deliver net zero and economic growth, the anomalies now appearing in the system need to be addressed. There is a massive challenge for us in delivering more local renewable energy installations, as more farmers want batteries and more people want solar panels on their roofs.
The stress on the distribution network is significant—the Minister will know a lot more about this than I do—and we need to upgrade our distribution network as rapidly as possible. That reminds me of a seminar I once organised, when someone from National Grid said, “You can tell the road with all the solar panels on the roofs by the substation on fire at the end of it.” We really need to find a way to resolve the overloading of the distribution network, which can pose risks—though hopefully not fires—and challenges to those trying to upgrade their local network.
I have a couple of examples. Where there is a row of poles with two cables on them going across a field, just to put a third cable on there requires a planning application. When we are dealing with hundreds of thousands of kilometres of electricity line, that seems overly rigorous and constrained. Similarly, if someone wishes to increase the height of the poles by more than 10%—let us say they want to increase them by 12%—that would require a full planning application process. We hope these new clauses are self-explanatory in their aim of to moving us closer and faster towards delivering on communities’ net zero ambitions.
I have growing confidence that the Government will accept these new clauses without any further debate—but I have always been an optimist. I look forward to the Minister’s comments.
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Michael Shanks)
I hate to let the hon. Gentleman down at this hour of the Committee, but I will outline why we cannot accept his new clauses. I think he will, however, be pleased with the Government’s position on this. I will turn first to new clause 98, which requires the Government to consult on the implementation of measures to give distribution network operators powers in relation to the acquisition of and access to land.
First, we completely agree with the case that the hon. Gentleman outlined. The distribution network does the vast majority of the heavy lifting to get electricity to all our homes and businesses, and it plays a critical role. It will require significant upgrading over the coming years, not least with the increase in demand that we expect. We agree that the current regime for infrastructure is not fit for purpose, as do developers and landowners.
We are all in agreement, which is fantastic at this hour of the Committee. The reason I cannot support this new clause is that we want to propose—if I may say so—a more ambitious set of reforms to land rights and consenting processes later this year. While we agree with the principle of many of the proposed changes, it is important that we get their detail right and ensure that they are developed with particular consideration of the rights of landowners. We will consult on reforms in this area, and following that consultation, we will look at including appropriate measures in future legislation, where necessary.
Gideon Amos
I wonder whether the Minister could be a little more definite. He referred to future legislation and some time this year, but I cannot help but think that I have heard those phrases before on some other topics. Is there a concrete proposal to bring forward legislation in this area?
Michael Shanks
A working group, involving people from across the Department and all those involved in this area, has been working on these proposals, and a consultation will be brought forward shortly. In the King’s Speech, we committed to a Bill that addresses a number of different areas in the energy space, and we hope that this area could be included. However, it is necessary to complete the consultation process in order to know what those measures might look like.
On new clause 99, I broadly agree with the thrust of what the hon. Gentleman has raised. Reform is necessary for us to meet the increasing demand for clean energy, and upgrading the distribution network will play a crucial role, particularly in connecting small-scale renewable energy technologies such as solar and wind, as well as the widespread adoption on the demand side, which we do not often speak about, with the roll-out of electric vehicles and heat pumps. Without upgrades in this space, we risk falling short of our climate goals and hindering progress towards our sustainable future.
While we are in complete agreement with the hon. Gentleman on the need for change, we do not support this particular new clause because it is possible for us to complete many of these changes through secondary legislation. As with new clause 98, it is also crucial that landowners’ views are heard and understood before any of these changes are implemented. We may wish to consider other reforms as part of this process or to discount certain proposals based on the evidence from those relevant stakeholders. That is why the Government have committed to consult on these and other reforms in the summer. That is the most appropriate way forward, rather than the Planning and Infrastructure Bill. I hope the hon. Gentleman will withdraw new clause 98.
Gideon Amos
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 101
Preservation of playing fields and pitches
“(1) A local planning authority must, when exercising any of its functions, ensure the preservation of playing fields and playing pitches.
(2) The duty in subsection (1) may, when granting permission for development, be met through the imposition of conditions or requirements relating to—
(a) the protection of playing fields or playing pitches affected by the development; or
(b) the provision of alternative, additional or expanded playing fields or playing pitches.
(3) For the purposes of this section, ‘playing fields’ and ‘playing pitches’ have the same meanings as in the Town and Country Planning (Development Management Procedure) (England) Order 2010.”—(Gideon Amos.)
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss
New clause 111—Protection of villages—
“(1) The Secretary of State must, within 6 months of the passing of this Act, issue guidance for local planning authorities, or update any relevant existing guidance, relating to the protection of villages.
(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—
(a) preventing villages from merging into one another,
(b) preventing villages merging into towns, and
(c) preserving the setting and special character of historic villages.”
Gideon Amos
New clause 101 concerns the protection of playing fields, which are vital to people’s health and wellbeing by creating important opportunities for physical activity, with multiple benefits for mental health and physical health. Following the Government’s decision to withdraw Fields in Trust from the list of statutory consultees, there is widespread concern about the loss of playing fields and the under-provision of play and green spaces—[Interruption.]
Gideon Amos
I will be brief as we come to the last couple of new clauses that we on the Liberal Democrat Benches wish to speak to today. I was speaking to new clause 101, which relates to playing fields. Fields in Trust is a charity that helps to protect playing fields and green spaces. Its public green space index is a way to track change over time, and it consistently finds inequality of access: one in three children do not have a playground close to home and 6.3 million people live more than 10 minutes away in walking time from a green space.
The new clause would place a duty on local planning authorities to protect playing fields and pitches from development. In March this year—a couple of months ago—the Government announced that some organisations, including Sport England, will no longer be statutory consultees on planning decisions, in order to speed up development. The press release states:
“The NPPF is clear that existing open spaces, sports, recreational buildings and land, including playing fields, should not be built on unless an assessment has shown the space to be surplus to requirements or it will be replaced by equivalent or better provision.”
The Government argued that such protections were sufficient, but Sport England states that:
“from 2022-23 alone it protected more than 1,000 playing fields across the country.”
That was in a Guardian article where it was reported that thousands of playing fields may be lost. The protections in the NPPF are therefore not sufficient. The effect of removing Sport England as a statutory consultee can only be to speed up development on playing fields.
Sport England has also stated that
“it responds to over 98% of applications within 21 days and that in 70% of statutory applications it does not object.”
There is not a source of unnecessary delay as a result of Sport England being involved in the process. If those provisions are being removed, then the Government need to put in place more robust legal provisions for playing fields. The new clause would do that so that important community assets are not lost.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
I will be brief: the issues in new clause 111, which it is my privilege to speak to, have already been extensively debated. We have just heard about protections in respect of playing fields; new clause 111 is about protections in respect of villages. Those are relevant to places such as Harefield in my constituency—pretty much the last village in London—and to the concerns highlighted by many Members, including my hon. Friend the Member for Broxbourne (Lewis Cocking), about some recent decisions on infilling, which puts the separation of villages from nearby towns at some degree of risk. We are keen to preserve it. We will press the new clause to a vote in due course.
Lewis Cocking (Broxbourne) (Con)
I rise in support of the important new clause 111, in the name of the shadow Minister. I have six villages in my patch—Goffs Oak, Hertford Heath, Brickendon, Great Amwell, St Margarets and Stanstead Abbotts—all of which have a unique character. We need to protect village life; villages are all unique and different. The new clause is not saying that we do not want any development in villages—of course, to make progress, there has to be developmentbut people in villages in my constituency, and probably across the country, are fearful of having loads of development so that villages all get connected up together and lose their rural identity, village community and spirit.
I would like the Government to really consider the new changes they have made to the national planning policy framework, particularly on villages. As I said, when we drive throughout the country, probably through hundreds of villages, we know they are all unique and have a different character. We should try to maintain that, rather than having an urban sprawl, with no green spaces left and developments that all link together. I fully support the new clause in the shadow Minister’s name.
Matthew Pennycook
I will start with new clause 101. I gently say to the hon. Member for Taunton and Wellington that I do not agree with his interpretation of the reforms that we set out for the statutory consultee system or our minded reforms; as I have said, we will consult on those in fairly short order.
We want to look at both the scope of statutory consultees and the specific application types on which they provide advice. We know that there are lots of applications where statutory consultees are required to be consulted but do not even engage with the issues for which they have responsibility. We think there is a sensible reform there. But I take issue with the hon. Gentleman’s claim that the in-principle decision to look to consult on the removal of Sport England means that the Government are determined to develop on every playing field across the country.
The Government agree that access to recreational spaces, including playing fields and pitches, is vital for the health and wellbeing of communities. Those spaces play an important role in supporting physical activity, social cohesion and opportunities for young people. The national planning policy framework already includes strong protections for playing fields and pitches. It sets out clear and robust tests that must be met before any development affecting such space can be approved. The policies ensure that playing fields can be lost only where the facility is no longer needed, or where there is a justified and appropriate alternative, such as equivalent or better provision elsewhere.
Given those existing safeguards, we do not believe it is necessary to duplicate them in primary legislation. The risk is that doing so could lead to an overly rigid framework that limits the ability of local planning authorities. We have had a number of debates where in a sense we are trying to restrict the ability of local planning decisions—I do not think advertently, but perhaps inadvertently. We think local planning authorities are best placed to make some of these decisions. We do not want to overly restrict their ability to respond to the specific needs and circumstances of their communities. We need some of that flexibility to be left in the system.
Gideon Amos
We do not agree with the Government’s approach in removing Sport England as a statutory consultee. We are concerned that that will only lead to more development on playing fields. I will not detain the Committee with a vote, but I think that our position is clear. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 103
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 Net Zero.”—(Olly Glover.)
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.
Brought up, and read the First time.
Olly Glover
I beg to move, That the clause be read a Second time.
The new clause would make the adoption of local area energy plans compulsory in England. Local area energy plans are now recognised as the leading method for turning national net zero targets into real, on-the-ground action. They offer a path that is not only strategic and data driven but collaborative and cost-effective.
The plans are driven by local government, working hand in hand with key stakeholders from across the community. The result is a fully costed spatial plan that lays out exactly the changes needed to the local energy system and the built environment. Critically, it includes not just what needs to happen but where, when and by whom it should be delivered. Moreover, local area energy plans break down the big picture into manageable steps. They map out the costs, shifts in energy use and reductions in emissions over time. Such plans can be prepared to align with our national climate goals, including ultimately reaching net zero by 2050.
I am proud to say that in Oxfordshire, where my constituency is, a local area energy plan is under development. However, despite their importance to our planning process and net zero target, such plans are not compulsory in England. That has not stopped many local authorities from preparing them, and I hope that the Government will note that many of those local authorities are controlled by the Labour party. In Greater Manchester, 10 boroughs have a local area energy plan in place. Plans are also in place in York and North Yorkshire, Cornwall and the Isles of Scilly, Peterborough and the borough in which we are holding this debate: Westminster. In Wales, all 22 authorities have produced a local area energy plan because in Wales that is compulsory.
If hon. Members do not believe me, I quote Shaun Gibbons, the head of carbon reduction at York city council:
“The York Local Area Energy Plan has served an important role in articulating the scale of the net zero challenge and setting specific targets against some of our most pressing actions. It has provided a robust evidence base for external funding applications and has resulted in the Council accessing funding several times greater than the original cost of the plan.”
The new clause would require local authorities to prepare local area energy plans and would be a key component in getting to net zero. In the final stages of this Committee, I have hope that the Minister will view the measure favourably, given that there is so much good practice from Labour-run councils.
Michael Shanks
I thank the hon. Member for Taunton and Wellington for tabling the new clause, and the hon. Member for Didcot and Wantage for speaking to it—and for his praise of Labour councils, which we are always happy to hear from colleagues across the House. I recognise the important work and example of local area energy plans where they are working.
Local authorities are taking a number of other actions right across the country to deliver net zero, many having drafted strategies in different ways and forms to achieve their own local aims, goals and ambitions alongside other strategies that local authorities might have. These are helpful documents to be able to refer to when planning for forthcoming energy projects and investment.
We support the idea that local authorities may wish to look at these kinds of plans as part of the wider context around, for example, local growth plans. However, our view on the new clause is that now is not the right time to place an additional burden on all local authorities to have to develop local area energy plans—during a period of local government reorganisation, and crucially, as we are taking forward the regional energy strategic plans process, which is under way at the moment.
A top-down requirement for a local area energy plan would risk duplicating local and regional energy system planning that the National Energy System Operator is carrying out in line with Ofgem’s recent decision to introduce regional energy strategic plans. Ofgem has set out that regional energy strategic plans will plan how local energy systems need to be developed to reach net zero, considering the national targets set by central Government, and, as part of the strategic planning of our energy system more generally, the local needs and most appropriate approach in each area. They will set out the energy requirements for each region presented spatially. They will also set the foundation for determining capacity required and strategic investment needs on a regional basis.
Ofgem has stated that the National Energy System Operator will set up regional strategic boards, which will be responsible for providing oversight of regional energy plans, and it is anticipated that local government will be properly represented on those boards. We want local government to play an active role in the development of the regional energy plans. I understand that the work that many of them have been doing already, the evidence they have gathered and the experiences that they have had will be hugely helpful in supporting this process. The exact format of how each local government will contribute is still to be decided. Given that that process is ongoing and the huge amount of work as part of the strategic spatial energy plan and the regional plans, now is not the right time to place a new burden on local government to provide a uniform product across the country.
Finally, given that many areas have multiple tiers of local government, the new clause risks a number of different duplicative plans covering the same geographical area. For those reasons, although I completely support the premise of the point about the importance of local participation in planning the energy system, we will not support the new clause.
Olly Glover
I thank the Minister for his comments. It is good to know from him that the topic is being looked at with a geographical scope greater than single local authorities. We shall observe with interest how that goes. In the interests of having time to speak to other new clauses, I will not press this one to a Division. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 105
Extension of use classes C5 and C6 to England
“In article 1(2) of the Town and Country Planning (Use Classes) (Amendment) (Wales) Order 2022, after “Wales” insert “, except in relation to articles 2(e) and 2(f), which apply in relation to England and Wales”.”—(Gideon Amos.)
This amendment of existing regulations would extend use classes C5 (Dwellinghouses, used otherwise than as sole or main residences) and C6 (Short-term lets), which currently only to apply to Wales, to England.
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss new clause 106—Change of certain use classes to require permission—
“In article 3(1) of the Town and Country Planning (Use Classes) Order 1987, at end insert “, subject to paragraphs (1AA) and (1AB).
(1AA) Where a building is used for the purpose of Class C3, the use of that building for the purpose of Class C5 or Class C6 (or vice versa) is to be taken to involve development of the land.
(1AB) Where a building is used for the purpose of Class C5, the use of that building for the purpose of Class C6 (or vice versa) is to be taken to involve development of the land.””
This amendment would require planning permission to be obtained to change the use of a dwelling to a second home or to a short term let use class and for changes of use between those classes.
Gideon Amos
I rise to speak on new clauses 105 and 106, which are the final new clauses in these debates—I know how disappointed Government Members will be to hear that news. They are a couple of important new clauses, and I will spend a couple of minutes on them. There are, of course, well discussed and rehearsed arguments about second homes and short-term lets and their effect on existing communities. New clause 105 would take the position in Wales, where there are separate use classes for short-term lets and second homes to enable them to be regulated, and extend that across to England. New clause 106 would ensure that planning permission was required to change a dwelling house to a second home or a short-term let.
The previous Government indicated that they would legislate on short-term lets and allow planning authorities, local councils, to determine their extent, and that is what this is really about. Of course, second homes can be great for the local economy by bringing people to the area to spend money, but when they become a huge proportion of that local town or community, they can lead to businesses being closed and trade going away if the homes are left empty for too long. The same can apply to short-term lets.
In Cornwall, there are 13,000 second homes. In Somerset, my own county, there are 4,200 second homes. In recent years, there has been a staggering 30% increase. The whole point of the two new clauses is that they would give local planning authorities the ability to plan and to say what the appropriate level of short-term lets and second homes in their communities was. It would give them the ability to set those policies themselves and to grant or refuse planning permissions in accordance with the policies, so that they could do what is right for their areas to ensure that they do not suffer from too many short-term lets and second homes, which are pulling resources out of their communities.
We believe that the new clauses are vital and needed by councils around the country, and we urge the Government, at least on short-term lets, to make good on the previous commitment to introduce planning controls, not just taxation controls. Planning controls are needed because they shape the community in which people live and over which councils have a say.
Matthew Pennycook
I thank the hon. Gentleman for tabling and speaking to these two new clauses and highlighting this really important issue, which does affect a large number of rural, coastal and, it is important to say, urban communities across the country. I have had a number of extremely fruitful meetings with colleagues on both sides of the House about it—most recently with the hon. Member for Westmorland and Lonsdale (Tim Farron), who is from the same party as the hon. Member for Taunton and Wellington and whose constituency typifies the problems that can occur from incredibly excessive concentrations of both short-term lets and second homes.
Short-term lets and second homes can benefit local economies. They can be incredibly important for tourism in particular parts of the country. But we are also very aware of the concern that excessive concentrations can affect the affordability and availability of housing to buy and to rent, impact on the sustainability of local services and reduce the sense of local community. There is clearly a balance to be struck. As things stand, it has not been struck correctly. We think that change is needed in this area.
To take action on short-term lets, we still intend to introduce a registration scheme for them to ensure the quality and safety of tourist accommodation, provide better data to local authorities and protect the spirit of our communities. In addition, from April 2025 the furnished holiday lettings tax regime was abolished, eliminating the tax advantages that short-term let owners had over private rented sector landlords. Furnished holiday let owners are now subject to the same income, corporation and capital gains tax rules as other landlords.
Gideon Amos
Would the Minister not agree that the problem of locking-in could be countered by giving a lead-in time of six or 12 months? After that time, there would be a need for planning permission to continue with a short-term let, for example.
Matthew Pennycook
I note and accept the hon. Gentleman’s point, and there are a variety of considerations at play in this area. Locking in was one concern raised; enforcement was another. In response to feedback, we are considering the issue more generally. I make those points simply to say that this needs to be thought through carefully.
I have made this point in the House a number of times, and I am happy to do so again: we recognise the case for further action on short-term lets and second homes. We are very carefully considering what additional powers we might give to local authorities to enable them to respond to the pressures they are facing, but this is a complex area, and we have to think carefully about introducing these types of restrictions. We need to explore various potential levers that could help better strike that balance between housing and the tourism economy before moving forward.
We do not consider the planning changes set out in the new clause to be the most effective route to achieving that aim, but I once again reassure Members that we are taking concerns in this area very seriously and that I am more than happy to continue the dialogue with the hon. Gentleman and other Members who are affected. I know it is an extremely pressing issue in many constituencies. On that basis, I hope the hon. Gentleman will feel content not to push the new clause to a vote.
The Chair
I call Liberal Democrat spokesperson Gideon Amos for the final time in this Bill Committee.
Gideon Amos
I hope you and my right hon. Friend the Member for Kingston and Surbiton (Ed Davey) have not been discussing that this is to be my final time as the spokesperson, Mrs Hobhouse, but I am grateful for your introduction. It is the final time in this Committee—I definitely agree with you there.
We believe this is a crucial issue and that the argument is well made for legislating for planning controls. I am genuinely grateful to the Minister for committing to taking further action, but we on the Liberal Democrat Benches remain absolutely resolute that this needs legislation, so we will push the new clause to a vote.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss the following:
Government amendments 101 and 102.
Clause 95 stand part.
Government amendments 68 to 71.
Government amendments 55 and 56.
Clause 96 stand part.
Clause 97 stand part.
Matthew Pennycook
I rise to speak to the final group of clauses and amendments. Clause 94 simply sets out the Crown application of Bill measures.
Government amendments 101 and 102 make minor technical changes to reflect the fact that the amendments to the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992 in schedule 6 extend only to England and Wales, because there are different versions of those Acts for England and Wales and for Scotland. I hope that the Committee accepts the amendments.
Clause 95 sets out the territorial extent of the provisions in the Bill and whether each part of the Bill extends to England and Wales, Scotland and Northern Ireland. The devolution position has been debated in relation to each part during the discussion of that part.
Government amendments 68 to 71 make minor consequential changes related to new clauses 44 and 45. To summarise, new clause 44 removes statutory consultation from pre-application, and new clause 45 makes subsequent changes to sections of the Planning Act 2008 and clauses as introduced by the Bill to reflect the changes made in new clause 44, and to remove reference to statutory requirements for consultation and associated documentation. The original clauses were to come into force six months after Royal Assent. These Government amendments now mean that new clauses 44 and 45 will come into force on such day as the Secretary of State may by regulations appoint.
In my written ministerial statement accompanying the tabling of the amendments, I made it clear that the Government intend to publish statutory guidance setting out strong expectations that developers undertake consultation and engagement prior to submitting an application. As we have discussed, this will be an important component of how we implement the removal of statutory consultation requirements for NSIP projects.
We will work with stakeholders to design the guidance and will launch a public consultation to seek input on how the guidance, regulations and transitional arrangements should be implemented. We are also aware that consequential changes to secondary legislation need to occur, so that associated legislation aligns with those changes. Therefore, the changes to the commencement of new clauses 44 and 45 allow the Government to adhere to commitments, ensure that guidance is in place to support changes and make the necessary changes to associated secondary legislation before the removal of statutory consultation requirements takes effect.
Government amendment 55 relates to new clause 42 and the amendments that the Government are introducing to improve the process for accessing land when needing to survey it in connection with an application or proposed application for development consent, or the implementation of a development consent order. Under new clause 42, the Government will later be introducing regulations associated with the notices that will need to be served on landowners before an applicant, or proposed applicant, enters the land in question. Government amendment 55 will ensure that the amendments under new clause 42 will come into force only when the Secretary of State introduces regulations associated with that new clause.
Government amendment 56 is a consequential change related to new clause 43. The merits of new clause 43 have already been debated. A proportionate and unified process for making changes to development consent orders post consent will be developed following appropriate consultation and engagement with consenting Departments and stakeholders and set out in revised regulations. Transitional provisions will be included in the revised regulations to ensure an efficient transition to the new system. The amendment will permit the clause introduced by new clause 43 to be introduced by regulations at the appropriate time.
Clause 96 sets out how different provisions in the Bill will be commenced, and clause 97 reaffirms that the short title of the Act will be the Planning and Infrastructure Act 2025. I commend the clauses and amendments to the Committee.
Question put and agreed to.
Clause 94 accordingly ordered to stand part of the Bill.
Clause 95
Extent
Amendments made: 101, in clause 95, page 134, line 11, at beginning insert “Subject to subsection (1A),”.
This amendment, and Amendments 102, 103, 104, 105, 106, 107 and 108, are technical amendments reflecting the fact that there are different versions of the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992 for England and Wales and for Scotland, and making it clear that the amendments to those Acts in Schedule 6 only extend to England and Wales.
Amendment 102, in clause 95, page 134, line 12, at end insert—
“(1A) Paragraphs 37 and 41 of Schedule 6 extend to England and Wales only.”—(Matthew Pennycook.)
See the explanatory statement for Amendment 101.
Clause 95, as amended, ordered to stand part of the Bill.
Clause 96
Commencement and transition provision
Amendments made: 68, in clause 96, page 134, line 28, leave out “1, 2 and 3” and insert “1 to 4”.
This amendment has the effect that the changes made by the new clauses inserted by NC44 and NC45, and current clauses 4 and 6 of the Bill, are to come into force by regulations.
Amendment 69, in clause 96, page 134, line 30, leave out paragraph (b).
This amendment is consequential on Amendment 68.
Amendment 70, in clause 96, page 134, line 32, leave out paragraph (c).
This amendment is consequential on Amendment 60.
Amendment 71, in clause 96, page 134, line 34, leave out paragraph (d).
This amendment is consequential on Amendment 68.
Amendment 55, in clause 96, page 135, line 2, at end insert—
“(ea) section (Planning Act 2008: right to enter and survey land) comes into force on such day as the Secretary of State may by regulations appoint;”.
This amendment provides that the new clause inserted by NC42 comes into force by regulations.
Amendment 56, in clause 96, page 135, line 3, leave out “section 8 comes” and insert—
“sections (Changes to, and revocation of, development consent orders) and 8 come”.—(Matthew Pennycook.)
This amendment provides that the new clause inserted by NC43 comes into force by regulations.
Clause 96, as amended, ordered to stand part of the Bill.
Clause 97 ordered to stand part of the Bill.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Matthew Pennycook
On a point of order, Mrs Hobhouse. Briefly, I want to take the opportunity to put on the record my thanks to you and the other Chairs of the Committee. I also thank our exemplary Clerks, the Hansard reporters and the Doorkeepers for overseeing our proceedings. I thank my officials and private office team who have supported me and worked tirelessly to bring forward the ambitions of the complex piece of legislation that we have debated over recent weeks.
Finally, I thank my fellow Minister, the Under-Secretary of State for Energy Security and Net Zero, my hon. Friend the Member for Rutherglen, for his support on the relevant parts of the Bill that pertained to his Department; my other hon. Friends, whose valuable insights have benefited our deliberations; and the shadow Ministers, the hon. Members for Hamble Valley and for Ruislip, Northwood and Pinner, and the hon. Members for Taunton and Wellington, for Didcot and Wantage, and for North Herefordshire for the spirited and constructive dialogue that we have had. I value all the contributions and challenges that have been made.
I know we are all united in wanting to deliver the best piece of legislation that we can for our constituents and the country. I very much look forward to further engagement with all hon. Members as the Bill progresses through its remaining stages.
The Chair
I thank the Minister for his point of order. I understand that it has been a marathon of a Bill. I thank all members of the Committee for their attendance, their great contributions and the respectful tone of the debate.
Question put and agreed to.
Bill, as amended, accordingly to be reported.