English Devolution and Community Empowerment Bill

Baroness McIntosh of Pickering Excerpts

Committee stage
Tuesday 20th January 2026 Grand Committee

[Baroness Prashar (CB)]

My Lords, I support the amendment moved by the noble Earl, Lord Clancarty, but I shall also speak to my amendment, which is simpler. As I go through my remarks, noble Lords will see the rationale for my amendment. It is clear that the Bill strengthens the architecture for economic growth. It stops short of embedding cultural and heritage ecosystems within this framework and it does not provide a clear mechanism through which MHCLG, DCMS and DSIT and their arm’s-length bodies can work collaboratively with strategic authorities. It leaves the very sectors, culture and heritage, which are the lifeblood of civic life, which encourage engagement by communities and which are a crucial part of the creative industries’ ecosystem, outside the formal machinery of devolution.

Cultural heritage, in my view, needs to be part of the core toolkit for mayors, since devolution is more than just economic growth. If this new architecture is to work, civic and cultural capabilities, which are the connective tissue of local life, have to thrive, so we need to create spaces where intercultural dialogue can take place.

Intercultural dialogue is not just a slogan but a bridge builder, where an ongoing practice of listening, understanding and negotiating difference to sustain social cohesion prevails for people to meet across boundaries, build trust, shape a shared sense of purpose and see themselves as part of a common story. Culture can be a powerful lever, used properly, to avoid the balkanisation of communities and arrest the intensification of difference in an era where identity politics are rife.

As we begin to develop a more robust regional tier of governance, we must ensure that the aims of fostering understanding and strengthening social bonds are woven into the strategic functions and that this change is seen as an opportunity for genuinely building social inclusion, not social division. I would argue that social cohesion matters for our national security, because we need to ensure that local devolution will help to harness national cohesion. This amendment will, in my view, go a long way in helping to ensure that there is deliberate engagement to coalesce around common issues that deepen what are called democratic behaviours and citizenship.

This amendment will not impose any fiscal or bureaucratic burdens but will ensure that culture and heritage sit alongside other competences. We need national economic renewal, but we also need social renewal. These measures as a whole will build trust and a sense of belonging. I am aware that culture and heritage are often characterised as cross-cutting issues, but the same could be said of other competences. It is because they sit across so many parts of people’s lives that they should not be left to discretionary treatment but should be integrated purposefully into the remit of this Bill.

This amendment is not just an adornment but is foundational and will give human meaning to structural changes. I also want to make it clear that this amendment is not prescriptive about scale, timing or configuration, because it will be rightly worked through by mayors with central government. I hope that the amendment will be looked at sympathetically and I thank Culture Commons for the support that it has provided.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am in favour of all the amendments in this group, particularly Amendment 6, which I have co-signed. I thank the noble Earl, Lord Clancarty, for introducing the amendment today and so eloquently expressing why it is so important to every strand of British life. Sitting next to a Lancastrian, it gives me great pleasure to extol the virtues of Yorkshire arts, creative industries, cultural services and heritage. I pause to give my best wishes, too, to the noble Baroness, Lady Pinnock, and wish her a speedy return to this place. Having broken my ankle, I know how irritating it is to be immobile, but you have to let nature take its course.

As the MP at the time, I was delighted to be patron of Thirsk Museum. Many noble Lords may not know that Thomas Lord came from Thirsk, so when you go to Lord’s, think of Thirsk. James Herriot was also a son of Thirsk and I pay tribute to his son and daughter, who are keeping his memory alive. The James Herriot museum is one of the most visited museums in Thirsk and North Yorkshire. We are also very lucky to have the more recent Rural Arts centre, which is very active and a great contribution to local culture and the local economy.

Will the Minister say whether it was an oversight that arts, creative industries, cultural services and heritage were omitted? Will she look favourably on this amendment to ensure that they are covered in the context of this Bill? This group of amendments is entirely complementary to later amendments that come in my name, and the names of the noble Lord, Lord Freyberg, and the noble Earl, Lord Clancarty. I support these amendments this afternoon.

[Baroness Griffin of Princethorpe (Lab)]

My Lords, I am delighted to support the noble Baroness, Lady Prashar, and the noble Earl, Lord Clancarty. I wholeheartedly welcome this Bill. I also wish my noble friend the Minister a happy birthday for yesterday. I was delighted to hear her cite examples of good practice from my old region, Greater Manchester and Liverpool City Region, especially on clean energy. As a city councillor I represented the poorest ward in Liverpool, and as an MEP I had the privilege of representing over 40 north-west local authorities.

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[Baroness Royall of Blaisdon (Lab)]

My Lords, I will speak to Amendments 7 and 128 in my name. I am grateful to the noble Lords, Lord Best and Lord Cameron of Dillington, and the noble Baroness, Lady Bennett of Manor Castle, for their support. I also thank the noble Lord, Lord Lansley, for what he said in his earlier remarks.

The English devolution White Paper, published last year, set out the Government’s intentions for this Bill, including the exploration of

“a better route for rural communities to be considered in local policy decision making”.

The specific reference to “rural communities” is key, given that the Bill, as it currently stands, does not have a single reference to “rural”, “landscape” or “farming” in all its 371 pages. With the national focus on meeting housing targets, delivering large-scale infrastructure and supporting the Government’s growth mission, it is essential that rural areas are not forgotten and that rural communities feel that they have a genuine say in the decisions affecting them. It is important to note that 85% of England’s land area is classified as rural, with around 17% of the country’s population living in those areas. Rural areas have context-specific needs and challenges, and we should take this opportunity to ensure that these communities get the fair representation, strategic investment and support that they need to thrive.

Amendment 7 seeks to add “rural affairs” as an area of competence in Clause 2. Adding rural affairs to the list of competences would, in turn, allow mayors to appoint a specific rural affairs commissioner, if they so wish. As it stands, each competence in Clause 2 can be applied differently in rural and urban settings. There is a concern that in strategic authorities that contain both rural and urban communities, the strategic focus for commissioners covering these competences will lead towards the urban, with rural communities being treated as an afterthought.

Adding rural affairs as an area of competence would ensure that a specific rural affairs commissioner can be appointed to cover the range of needs of rural communities. It would also, incidentally, enable mayors to convene meetings with local partners, as set out in Clause 21, on rural affairs, and enable rural affairs to be one of the thematic areas on which neighbouring mayors can request collaboration, as set out in Clause 22. While Amendments 56 and 60, in the name of the noble Baroness, Lady McIntosh, have a similar aim of ensuring the appointment of a commissioner with responsibility for rural affairs, my amendment, in keeping with the objectives of the Bill, seeks to enable this to be an option available where necessary, with the decision on whether to appoint one ultimately being made locally. My amendment would also allow rural affairs to become a thematic area to which other functions in the Bill can refer, in addition to the clause on commissioner appointments.

As this Bill draws many provisions from the Greater London Act, there is a need to safeguard and ensure that measures being brought forward are not purely urban-centric in their approach and that different contexts are being considered across strategic areas, including those with significant rural populations. Amendment 128 would provide that method of safeguarding. This proposed new clause would place a duty on strategic authorities and their mayors to have regard to the needs of rural communities when considering whether or how to exercise any of their functions. As a recent report commissioned by the Rural Housing Network noted:

“Bill amendments that place a duty on combined authorities to consider the needs of rural communities would help ensure that rural housing is not overlooked in favour of urban-focused strategies and investment plans, and that accountability mechanisms are available to rural communities and advocates”.


I welcome Amendment 129 in the name of the noble Baroness, Lady Bennett of Manor Castle, which would add public and active transport provision to the areas to which strategic authorities and their mayors must have regard. These would be vital inclusions to the duty relating to the needs of rural communities. I further welcome Amendment 260 in the names of the noble Baroness, Lady McIntosh of Pickering, and the noble Lord, Lord Cameron of Dillington.

Rural areas are important economic drivers for farming, food production and other local businesses, as well as tourism. According to the House of Lords Library, in 2022 predominantly rural areas of England contributed an estimated £315 billion in gross value added to England’s economy, representing 16.2% of England’s total GVA. Historically, investment has been focused on urban areas, ignoring the potential for rural areas to contribute to the local and national economy, inspire inward investment from the private sector and meet essential needs in food production, health and well-being. With their rich ecology and large landscapes, rural areas also present an opportunity to target investment towards significant gains around nature recovery and climate resilience. We cannot miss this opportunity to recognise the value of our rural communities.

Along with well-respected organisations supporting rural communities, including the Rural Housing Network, the Country Land and Business Association and the Rural Services Network, and as was highlighted in briefings by the Royal Town Planning Institute, I believe this Bill should be strengthened through the strategic focus on rural growth in these amendments. Their inclusion would help identify the enabling infrastructure needed to support rural communities and ensure that their needs are considered in recent and upcoming planning reform, as well as this devolution programme. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness, Lady Royall, and thank her for introducing this group of amendments. I will speak to Amendments 52, 56, 60 and 260 in my name. I thank the noble Lord, Lord Cameron, for his support for all of them and the noble Baroness, Lady Prashar, and the noble Earl, Lord Clancarty, for signing Amendment 52.

The noble Baroness has fulfilled the first part of what the Royal Town Planning Institute—I do not think it is any relation to her good self—said in seeking a duty to consider the needs of rural communities. My amendments propose the second thing it asked for: the establishment of rural commissioners where appropriate. This answers the question put by my noble friend Lord Lansley about where in the Bill there is a legal basis to create other commissioners, so my amendments dovetail entirely with those in her name.

It is important to recognise that in the old days, in the first Labour Government to which I was elected— I was not elected; I was elected to the Official Opposition, let me get the facts right, my memory is playing tricks with me—one of their early proposals was to create regional development agencies, I think they were called. The beef or the grief I had with that was that, on paper, North Yorkshire, probably one of the most deeply rural, sparsely populated counties in the country, represented 11% of the population of the RDA. One would hope that one might get 11% of the funding, but we never got anywhere remotely near that.

Also, there used to be a policy of rural proofing. I think that the noble Lord, Lord Cameron, chaired a committee that looked into rural issues and focused quite a lot on rural proofing. That policy is still reflected on the Defra website, and there have been updates: the most recent one on this page was 2 December 2022. Rural proofing had a very special role to play. It ensured that every policymaker and legislator, like ourselves —so the Library note would have reflected this, presumably, on earlier Bills—would look at, assess and take into account the effects of proposed policies on rural areas.

Why is this important? Look at delivering a health service. My father was a rural GP; it is very difficult to access GP surgeries. It is even more difficult to access hospitals in rural areas. It was a 50-mile round trip from where I was brought up to the big hospital. Ambulances obviously have further to go. Look at delivering social care. Carers are not paid for the time they spend on the road, which is often not factored in. That is terrible and should be addressed. On education, we have had a terrible problem with school buses since this Government got rid of the rural deprivation grant, I think it was called. York and North Yorkshire Combined Authority is getting the blame for having to revisit the provision of school buses and the taxi service to get children to schools which are more than three miles away from where they live. This policy has taken away the funding by scrapping that grant.

There used to be a rural commission in Defra which looked at all this rural proofing. I have mentioned some of the policy areas, but there are many others. Some 85% of England’s land area is classified as rural and 17% of the country’s population live in these rural areas, yet so often, particularly at local government level where there is an urban/rural mix, this is not reflected. The noble Baroness, Lady Pinnock, and I had common cause—she will not disagree with me because it is on the record and I am not quoting her because she is not here—as we both opposed the orders for a metro mayor for York and North Yorkshire and I think that she, like me, also opposed the combined authority for North Yorkshire.

I believe that a metro mayor in areas such as Leeds, Sheffield and Manchester—I am being nice to north- west people at the moment—works where there is a concentrated landmass with a big population in that area. It is perfectly justified for those who wish it, but I do not think it works in rural areas. It certainly has not worked politically, because all the rural voters stayed at home and we have ended up with a Labour mayor for York and North Yorkshire, which is not so excellent for those of us who live there. There is a lesson there.

I also believe that districts and boroughs were closer to the people. People knew exactly where the councillors lived and exactly what they were responsible for and felt that they were more accountable. We have also lost overall control. We have a majority of one now on the combined authority. Again, there was a political lesson that I tried to warn my Government about at the time, but it did not go quite as well as I would have expected.

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[Baroness Taylor of Stevenage (Lab)]

I take the point. That project is being supported by the Food Strategy Advisory Board, including extensive engagement across government. I will take back the point that that should include all tiers of local government, as the noble Baroness makes a fair point.

Through rail reform, mayoral strategic authorities will have a statutory role in the design of local rail services and all tiers of local government will benefit under the new Great British Railways business unit model, taking local priorities into account. The noble Baroness also referred to cycleways. I am very proud of where I live because my town was built with 45 kilometres of built-in cycle infrastructure. This is an important opportunity for our new towns as we develop the work of the taskforce. I know the noble Lord, Lord Gascoigne, will again be interviewing our Secretary of State in the Select Committee tomorrow on these and other matters. Gilston, which is a garden village near Harlow, made provision for a cycleway. We have to think about that. While we agree on the importance of these issues, the amendment is unnecessary because this Bill and other government activities will already enable authorities to secure improvements to rural transport without imposing an additional legal duty.

Finally, Amendment 260 tabled by the noble Baroness, Lady McIntosh of Pickering, would require the Secretary of State to publish an assessment of the impact of the Bill on rural areas before any regulations could be made using the powers in this Bill. Ahead of the introduction of the Bill, my department assessed the impacts of regulatory policies within it on businesses and households, urban and rural. This impact assessment was given a green rating by the Regulatory Policy Committee, indicating that it is fit for purpose. It would not be proportionate to complete another impact assessment solely for rural areas, given that our original assessment applies to those as well.

May I just refer to the remarks made by the noble Lord, Lord Cameron? He referred to the importance of the rural voice being heard across government. I completely agree. The mainstreaming of rural affairs across competences is vital, as is the freedom for mayors to address their local issues in the best way to tackle their local challenges.

In talking about bus services, the noble Lord reminded me of when I did a review of the universal credit system a while back. I was sent to Blandford Forum in Dorset. Some of the people who were working on their skills with the jobcentre had to visit the jobcentre every day. The problem with that was that the bus fare was £9 and there was only a bus to get there, with no bus to get home again; you may have wanted to improve your skills but it was very tricky to do so because, although you could get there, you could not get back home again. That was one of the big flaws in the universal credit system. Of course we want to keep track of people who are trying to develop skills, but there are difficult issues around that in rural areas.

When we discussed London-style bus services across the country—I am sure that the noble Baroness, Lady Scott, will remember it well from the then levelling-up Bill—it raised the eyebrows of my noble friend Lady Hayman of Ullock. My noble friend lives in Cumbria, so London-style bus services are quite a long way from the service she gets in her local area. I understand the issues, but I think that enabling mayors —and their commissioners, if they choose to do it in that way—to address their local issues is the best way to tackle local challenges in these areas. For these reasons, I ask my noble friend to withdraw her amendment.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to the Minister for her response. She referred to an impact assessment. We used to use the tried-and-tested method of tabling an amendment to ask for an impact assessment to be prepared. If the department has prepared an impact assessment, would it be possible for the Minister to publish it while this Bill is going through? That would be immensely helpful.

[Baroness Taylor of Stevenage (Lab)]

Let me just check with my civil servants so that I do not say something I should not say. I believe that it has been published; I will send the noble Baroness a link to where she can access it.

Planning and Infrastructure Bill

Baroness McIntosh of Pickering Excerpts

Consideration of Commons amendments and / or reasons
Wednesday 10th December 2025 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the Minister and the Government for accepting the substance of my noble friend Lord Lansley’s amendment —an important step that these Benches strongly support. We now look forward to scrutinising in full the regulations establishing a national scheme for the delegation of planning decisions through the affirmative resolution procedure.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the Minister on accepting such a sensible amendment. She was kind enough to write to me about non-hazardous reservoirs. She said in that letter that the regulations and guidance will be kept under review. I urge her to use her good offices to ensure that both Houses will be able to review that. I once again record my huge disappointment that the non-hazardous reservoirs legislation will not come into effect before 2028, which is far too late, given the impact. Reservoirs are operating below capacity already, and the deficit we will face in Yorkshire over the next year especially is deeply regrettable.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank all noble Lords who contributed to this short debate. The question from the noble Baroness, Lady McIntosh, is possibly out of scope of the Motion before us, but I am always happy to meet with her and discuss this further. She has a detailed letter from me today explaining the Government’s position.

I will very briefly address the points made by the noble Baroness, Lady Pinnock. It is vital that, in exercising democratic oversight, planning committees operate as effectively as possible—as I know she knows only too well—by not revisiting the same decisions and focusing on applications which require member input. The Government want to make sure that skilled planning officers in local authorities have the right level of trust and empowerment to resolve more applications more quickly in the service of residents and businesses, and that our planning professionals are fully supported in their role, with their skills and experience put to best use. I know she will be more than familiar with all those issues.

This will be my final time at the Dispatch Box speaking on this Bill. I am not going to say “thank goodness”, but we have had some very long discussions and sittings. I once again place on record my thanks to all noble Lords who have engaged with the Bill and the department through the Bill’s passage. The open and robust nature of our debates has undoubtedly strengthened the Bill.

In particular, I extend my heartfelt thanks to the noble Baronesses, Lady Scott and Lady Pinnock, the noble Lords, Lord Jamieson and Lord Roborough, and the noble Earl, Lord Russell, for the time they have given to engaging so thoughtfully on this critical legislation. I also thank all the civil servants and the staff of the House, who have sometimes had to work very late on the Bill. I very much look forward to working with noble Lords as we take forward the implementation of the Bill, which will be a major step in the Government’s reform programme. The House should be under no doubt that we intend to move quickly over the coming months so that we can realise the full benefits of this legislation.

English Devolution and Community Empowerment Bill

Baroness McIntosh of Pickering Excerpts

2nd reading
Monday 8th December 2025 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to have the opportunity to speak at this stage of the Bill and I welcome the Minister to her place. Just when she thought she was going to have a quiet life, another Bill comes along.

We heard earlier that the purpose of the Bill is to transfer power out of Whitehall by giving local leaders the tools to deliver growth, fix the foundations of local government and empower communities. How precisely will this work in rural communities?

I spoke against the orders for the combined authority and the mayor for York and North Yorkshire and I think that my concerns have been proven right. The noble Baroness, Lady Pinnock, and I shared similar views at the time. The population of North Yorkshire and York combined is 768,000. The area is too big geographically but not big enough numerically to make this worthwhile. For the last five years, I was in the most rural part of the constituency that I represented. If I drove 200 miles in one day, I would barely touch the sides of the constituency. How a mayor is expected to get round, meet people and represent that area is a challenge for anybody and I wish him well.

[A noble Lord]

Or her.

[Baroness McIntosh of Pickering (Con)]

It is a him.

I believe that democracy is grass-roots, certainly in rural areas. The building blocks are parish councils, districts, boroughs and counties. It is very confusing. I was three times subject to Boundary Commission reviews in my parliamentary career—once as a European MP and twice as an MP. When we keep meddling and making more mysteries to local government, as we are doing in this Bill, it discourages people from going out to vote, because they do not know which area of government or which authority they are living in. We were promised that, if we got rid of the districts and boroughs in North Yorkshire, we would save money. We then had a metro mayor imposed on us, and most of the rural dwellers stayed at home. Politically, it was not a riotous success for us in North Yorkshire. We lost our overall majority. So it is going to be a challenge as successive elections take place. The lowest turnout was for the police commissioner election—something that was imported from the States. It might work well there, but it certainly did not work well in rural parts of North Yorkshire.

I share common cause with noble Lords who have spoken in favour of rural commissioners. There is a great case for saying that in deeply rural areas we must have a rural commissioner in place. Better still, could we go back to having rural-proofing of all policy across the piece? That would help very much. I look forward to working with the Minister and others in the House when we move to Committee to make the Bill work in this regard.

When it comes to funding, if I have understood correctly, there is going to be a levy for transport. How are the Government going to square the extra responsibilities on combined authorities, particularly when it comes to solar farms and battery storage plants, both of which are highly flammable? If the fire service has to attend to these, it will put an extra call and extra resource implications on them. I would be interested to know how the Government expect to fund this if it cannot be met out of general funding at this time.

There are areas which I support. I support the provisions on out-of-area services. The noble Baroness, Lady Casey, did the House and the country a great service by showing how that was part of how grooming gangs were able to target their victims. It is not just in Wolverhampton and Manchester. There are problems right across North Yorkshire and the north-east. I think there are still problems with Uber and it is right and proper that these services should be brought under the Bill.

I am grateful to Guide Dogs for its briefing. There is still the issue that about 58% of guide dog owners are reportedly turned away by taxi or private hire vehicles, despite this being a criminal offence. Will the Government address this as part of the Bill to make sure that there is a better understanding? I am very proud that it was a Conservative Government under my noble friend Lord Hague who introduced what became the Disability Discrimination Act, which made enormous strides in this field. I hope this issue can be addressed as part of this Bill.

The Bill sounds excellent in theory. How it will be delivered in practice, particularly in rural areas, will be a real challenge. I am a vice-president of the Association of Drainage Authorities. There is a key issue to be addressed of funding drainage boards where they do exist to make sure that they have the means to do their excellent work in keeping us all safe from floods.

I welcome the Bill as it stands but hope to improve it and to reintroduce the agent of change principle, this time successfully.

NHS Industrial Action

Baroness McIntosh of Pickering Excerpts

Tuesday 2nd December 2025 Lords Chamber

[Baroness Blake of Leeds (Lab)]

I have the figures in front of me. The data we have received reported an average of 17,200 resident doctors absent from work in each of the November rounds, which is slightly higher than the 16,200 average during the last set of strikes in July. Resident doctors make up about 50% of the workforce of around 150,000 NHS doctors in England. I think that gives a pretty clear sense. Of course, our sympathies go to all the other doctors, medical staff and other staff in hospitals who performed so admirably during those strikes. We will continue to support them and make sure that they can deliver for the patients in their care.

[Baroness McIntosh of Pickering (Con)]

My Lords—

[Lord Sentamu (CB)]

My Lords—

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[Baroness Blake of Leeds (Lab)]

The noble and right reverend Lord is right that communication and talking are critical. That is why the Secretary of State has repeatedly made it clear that the door is open to have those conversations, recognising the challenges that doctors have faced, whether that is bottlenecks in training or money being taken out by compulsory payments for joining the Royal College of Physicians, and all those things. As we have heard, our absolute priority is to reduce waiting lists, putting the patient at the centre of the NHS. That is the mission we are on, and we are determined to deliver it.

[Baroness McIntosh of Pickering (Con)]

As the Minister will be aware, pay is only one part of what I understand the resident doctors are looking for. As I understand it, they are actually quite senior doctors—registrars, one step below consultants—often in their late 20s or early 30s, looking to form relationships, start families and put down roots. Yet they are given security of tenure of only something like six to 10 months in each posting. That is not acceptable to give them a sense of permanency and value. The Government need to look at this as a matter of urgency. Will they?

[Baroness Blake of Leeds (Lab)]

The noble Baroness and I have discussed this in another forum in this House. It is critical that we work with those doctors to find out what their priorities are and how we can work with them to give them more security and to make sure that the training posts are available. I am pleased to say that consultation is on offer around all these points. We have to move forward; the door is open, and we want to discuss how we can make improvements to the contracts.

Planning and Infrastructure Bill

Baroness McIntosh of Pickering Excerpts

Consideration of Commons amendments and / or reasons
Monday 24th November 2025 Lords Chamber

Are those “further commitments” what she has just said from the Dispatch Box about taking away the water sections of the NSIP system? If so, it would be helpful if she could set out a bit more about the timeframe. Is she intending to do that before the Bill gets Royal Assent? If not, when might we see the outcome of her deliberations? It would be helpful to have that. I am grateful to her for looking at this further and for the recognition that she has given about the irreplaceability of our heritage if it is submerged underwater.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for the informal meeting I had with the Minister last week. I listened carefully to what the Minister said in relation to my Motion E1, and I too will refer in a moment to the letter received. I am compounded by the fact that my train was late. This time a van had collided with a bridge, but, fortunately, there was no lasting damage and no-one was hurt, not like the Selby rail disaster. Then, I found that they have changed the classic Outlook to modern Outlook, and I could not load my emails. But I am very grateful for having had sight of the letter.

The Minister will be aware that the Toddbrook reservoir failed on 1 August 2019. Since that time, the Balmforth review was set up, but it is not due to report until 2027. My concern as regards large reservoirs is that the Government do not seem to be displaying any sense of urgency. I am mindful of how much reservoirs cost to build, even in spite of NSIPs under the Bill before us this evening, and that there are other barriers to overcome. The Minister may or may not be aware that each individual reservoir has to be signed off by a panel engineer. There is a chronic shortage of panel engineers, and I do not know that that is being addressed by the Government any time soon. My understanding—I have tracked this since the Flood and Water Management Act 2010 was adopted—is that the de minimis rules allowing a small on-farm reservoir require legislation to amend the de minimis rule to make sure that these on-farm, non-hazardous reservoirs can be constructed.

I take some comfort and great heart from what the Minister said when speaking to Motion E1 this evening, but I do not know that the issues that I have raised, both in Committee and on Report, have actually been addressed. The Minister referred to guidance being published. Can she confirm whether or not that is statutory? Just so those seeking to construct such reservoirs are very clear on it, what will the status of that guidance be? When will the actual guidance to which she referred be published?

Having made those remarks, I reserve the right to test the opinion of the House, depending on what reassurance the Minister is able to give me. I put it to her informally last week that this amendment is designed to help the Government.

In June, the Environment Agency published its National Framework for Water Resources, which called for measures to curb the water deficit, including building more reservoirs, in the light of the potential public water shortages of 5 billion litres of water a day by 2055. We in Yorkshire are very conscious of the fact that the reservoirs have still not filled up since the drought this year. We have every prospect of a drought continuing into next year. The efforts to extinguish and control the wildfire on the North Yorkshire Moors were hampered by the lack of access to water. It was also the case that it was difficult for crops—arable and horticultural—to have access to water, and there was difficulty around the availability of watering for livestock.

These are very real urgent issues. I am afraid that the reason given by the Commons for failing to agree to Amendment 32 is very thin. We are told that it is not

“necessary to have a legislative requirement to publish the information required by the amendment relating to low hazard reservoirs”.

I have set out this evening the reason for urgency and why this is a very real issue. I believe we need to write in the Bill the concerns I have set out.

[Lord Lansley (Con)]

My Lords, I will speak to Motion B and Motion B1, which is the amendment in the name of my noble friend Lord Parkinson of Whitley Bay. Lords Amendment 2A, which has been sent back to us, in effect puts the Planning Act 2008 back into the position it was originally in. To that extent, it is not so objectionable. But we are looking to ensure, as my noble friend eloquently presented, both now and on Report, that when these decisions are being made we take full account of the protections that should be available for irreplaceable heritage assets.

In addition to the assurances about national policy statements that the Minister has given to my noble friend, I ask her whether she will look at the guidance, which Clause 7(2) provides for, that can be given about the preparation of local impact reports, which as she will know are a material factor in the decisions that have to be made by the Secretary of State under Section 104 of the Planning Act 2008. If that guidance makes it clear that the local impact report must make specific reference to the heritage assets that are to be affected, and to the impact on not only those assets themselves but their environment, that might highlight any potential adverse impacts for when the Secretary of State has to weigh up the adverse impacts against the benefits under the Section 104 decision. I hope that the Minister might add that to the ways in which the assurances might be bolstered to protect heritage assets.

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Moved by

[Baroness McIntosh of Pickering]

Leave out from “House” to end and insert “do insist on its Amendment 32.”

[Baroness McIntosh of Pickering (Con)]

The noble Baroness, Lady Pinnock, expressed concern, in that non-hazardous reservoirs are specifically small reservoirs. Can the Minister write to me on this point? I understand that we still need legislation. This evening would be the opportunity to explain the de minimis rules and how non-hazardous small reservoirs can be built on farms—something that farmers are hoping will happen now. I regret that there is probably not enough support in the House to put the Motion to a vote this evening, but I will return to this issue another time, because I do not believe we have seen any evidence of urgency. I thank the Minister for the concessions she has given, but I do not believe there is the sense of urgency that farmers are crying out for.

[Baroness Taylor of Stevenage (Lab)]

I can reassure the noble Baroness that we propose to introduce a new hazard classification system with four hazard classes. The assessment of hazard class would take into account dam height, reservoir volume and likely numbers of people downstream. Safety management practices would be tailored to each hazard class so that the lowest hazard class would have minimum requirements—less than the current ones, which I hope is reassuring to her—and the highest hazard class would have more than the current requirements. I hope it is reassuring that we want to make this easier for farmers, not harder.

[Baroness McIntosh of Pickering (Con)]

When is that classification coming in?

[Baroness Taylor of Stevenage (Lab)]

I shall write to the noble Baroness on that point.

Water and Sewerage Companies: Statutory Consultees

Baroness McIntosh of Pickering Excerpts

Thursday 20th November 2025 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask His Majesty’s Government what plans they have to make water and sewerage companies and undertakings statutory consultees on major new housing developments and nationally significant infrastructure projects.

[Baroness McIntosh of Pickering (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and refer to my interest as an officer of the All-Party Water Group.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, water companies must by law provide new water and sewerage connections to housing through drainage and wastewater management plans. As relevant statutory undertakers in the nationally significant infrastructure project regime, they must be consulted on relevant applications for development consent. The Government’s forthcoming guidance will promote early engagement with them. The Government have paused creating new statutory consultees in the Town and Country Planning Act regime. As part of a wider review, a consultation on streamlining this system is under way, with decisions to follow.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for that Answer. It begs the question how the Government plan to build major housing developments of 300,000 a year, many of them on flood plains with no sustainable drains, with the additional demands of the new data centres and mindful of the Environment Agency’s national framework for water resources, giving the acute warning of a deficit of water of 5 billion litres by 2050. Do the Government agree that we need to end the automatic right to connect, so that where water companies say there is simply no capacity, the development will not go ahead?

Planning and Infrastructure Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

Moved by

[Baroness McIntosh of Pickering]

197: After Clause 87, insert the following new Clause—
“Sustainable drainageThe Secretary of State must bring into force in England all uncommenced parts of Schedule 3 of the Water Management Act 2010 (sustainable drainage) within three months of the day on which this Act is passed.”Member’s explanatory statement
In England, developers have the automatic right to connect surface water arising from new homes to the public sewerage system, irrespective of whether there is capacity for this. Implementation of Schedule 3 of the Flood and Water Management Act (2010) would end this automatic right to connect and provide a framework for the approval and adoption of Sustainable Drainage Systems (SuDS).

[Baroness McIntosh of Pickering (Con)]

My Lords, this is my moment; I have waited all day and all night. It gives me great pleasure to move Amendment 197 and to speak to Amendment 198. I thank the noble Baroness, Lady Willis of Summertown, for lending her name to both amendments, and the noble Baronesses, Lady Young of Old Scone and Lady Jones of Moulsecoomb, for lending their support to Amendment 197.

I hope that the amendments are self-explanatory. They are flipsides of the same coin, and they have huge amounts of support among interested parties, such as insurance companies, environmental managers and others, as I shall explain. Amendment 197 explains that developers have the automatic right to connect surface water arising from new homes to the public sewerage system, irrespective of whether there is a capacity for this or not.

Both Houses of Parliament approved Schedule 3 to the Flood and Water Management Act 2010, the purpose of which was to end this automatic right to connect and provide a framework for the approval and adoption of sustainable drainage systems. It has not yet been implemented in England, but it has been implemented with a degree of success in Wales.

Similarly, Amendment 198 links the right to connect to the public sewer to first having followed the Government’s newly introduced national standards for sustainable drainage systems, to provide a more robust incentive to developers to follow this guidance in the absence of full implementation of Schedule 3 to the Flood and Water Management Act 2010.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to all those who spoke in favour of the amendments—and to those who did not. I will take my colleague aside and teach him the error of his ways, perhaps acquainting him with Schedule 3 to the Flood and Water Management Act 2010.

As a newly elected MP, I was surprised at two things: first, that we do not make new laws but amend existing ones; and, secondly, that, having passed a law, we do not implement it. I listened very carefully to the response from the noble Baroness, Lady Taylor. She has made the points for me: these are guidelines in the non-statutory National Planning Policy Framework and in the national standards for SUDS.

[Baroness Taylor of Stevenage (Lab)]

I have explained many times during the course of the debate on the Bill that, although the planning policy statements and the NPPF are not statutory in themselves, they are part of a statutory planning framework and they must be taken into account as local plans are developed. They cannot be statutory documents because they have to be amended frequently, but they sit within that statutory planning framework, and that is what makes them powerful.

[Baroness McIntosh of Pickering (Con)]

I am grateful to the Minister. It is not me that she has to convince, but the insurance companies out there, and the likes of CIWEM, who have to pick up the pieces when there is a combined sewage overflow. We have not plugged the gap of the highways runoff, either. I would like to reserve judgment about bringing back the amendment at Third Reading. For the moment, I beg to withdraw the amendment.

Amendment 197 withdrawn.

Planning and Infrastructure Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I too wish the noble Baroness, Lady Hayman, a speedy recovery. We both endure long journeys on the west coast main line with Avanti, and that is enough to make any of us ill on any occasion.

As we have said throughout the passage of this Bill, Governments should not, as a rule, introduce amendments to their own legislation that are not in response to scrutiny of the Bill. We have been disappointed by the Government’s approach to this Bill and, as many noble Lords have said, there is a reason for our procedures in this House. Amendments should be debated in Committee, wherever possible, before the House is asked to make a decision on them on Report.

The amendments in this group mostly relate to circumstances touching on the devolved regions of the UK. We understand that these changes have been discussed with the devolved authorities and are content with them. The only area where we have particular concern is the government amendments in respect of protections for Ramsar sites. My noble friend set out the Official Opposition’s view in an earlier group, so I will briefly say that we do not think the Government are right to introduce Clause 90 and Schedule 6 through this Bill, as they will effectively block new homes rather than unlocking development.

[Baroness McIntosh of Pickering (Con)]

My Lords, one of the amendments—which I now cannot find the number of—substitutes all Ramsar sites with “certain Ramsar sites”. Can the Minister clarify why certain Ramsar sites are being excluded whereas before all Ramsar sites were within the scope of the Bill?

[Baroness Taylor of Stevenage (Lab)]

My Lords, I hope I can respond to the noble Lord, Lord Blencathra, and the noble Baroness, Lady McIntosh.

The Government’s approach to placing Ramsar sites on a statutory footing has been welcomed by environmental groups as a pragmatic step to align protections across sites of international importance. Noble Lords will be aware of a recent Supreme Court judgment and some may wish to oppose this and continue with the existing approach of protecting Ramsar sites through policy. I know there has been an attempt by some to cast the Government as blocking development, but the reality is that no new planning applications will be affected by placing Ramsar sites on a statutory footing. Any outline or full planning permissions that have come forward since the imposition of nutrient neutrality in 2020 will have had to consider the impact of Ramsar sites from the outset, so for most developers this will actually be an advantage.

It also means that they can use an EDP to discharge obligations relating to Ramsar sites, which they could not without putting them on a statutory footing. We continue to support development that faces challenges in meeting the obligations. I highlight that the Government have invested £110 million to support local authorities to deliver local nutrient mitigation schemes, to allow housing to come forward in areas affected by nutrient neutrality. The NRF is an evolution of this support and will deliver on the Government’s manifesto pledge to address nutrient neutrality in a way that supports development, while driving the recovery of these internationally important wetland sites.

I am sorry, I have realised I have not answered the question from the noble Baroness, Lady McIntosh. I will reply to her in writing on that, if that is okay.

[Baroness McIntosh of Pickering (Con)]

I am grateful. Just for clarification, I now have the amendment in front of me. It is actually Amendment 210, which says

“leave out ‘Ramsar sites in England’ and insert ‘certain Ramsar sites’”.

What is worrying is that it goes on to say that to better understand the amendment we should look at the explanatory statement of the Government’s amendment to page 180—of the Bill? There is no page 180 of the amendments, so it is difficult to know which page 180 it refers to.

Amendment 133 agreed.

Planning and Infrastructure Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Monday 27th October 2025 Lords Chamber

Moved by

[Baroness McIntosh of Pickering]

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

[Baroness McIntosh of Pickering (Con)]

I am grateful to have the opportunity to speak to Amendments 100 and 101. I thank the noble Baroness, Lady Willis of Summertown, for lending her support to Amendment 101.

Amendment 100 sets out a very simple request that the sequential and exception tests be recognised as planning tools that help to

“ensure new development is directed away from areas at the highest risk of flooding and … make development that is necessary in areas of flood risk safe throughout its lifetime, without increasing flood risk elsewhere”.

Currently, however, these tests are only guidance and are not always being carried out. A statutory basis would help to ensure that local planning authorities placed due regard on them when preparing local plans and considering individual planning applications.

In Amendment 100, I ask the Government to provide clearer statutory guidance on how and when to undertake the sequential and exception tests so that they can be applied by developers and local planning authorities more robustly. In particular, proposed new subsection (7) says:

“To pass the exception test it should be demonstrated that … the development would provide wider sustainability benefits to the community that outweigh the flood risk, and … 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”.


The reason for bringing this back on Report is very genially to prod the Minister a little bit further. We produced a number of bricks and mortar reports through the auspices of Westminster Sustainable Business Forum. The evidence we took in our third report was, very specifically, repeated accounts of developers providing unsatisfactory site-specific flood risk assessments, and sometimes not performing the sequential or exception tests at all. Therefore, I urge the Minister to ensure that the sequential and exception tests be placed on a statutory footing to make sure that they are carried out.

To give an anecdotal example, a planning application in Yatton, north Somerset, was recently refused by North Somerset Council on the basis that it had failed the sequential test. However, the application was later granted on appeal as the planning inspector concluded that the failure of the test was not a strong enough reason for refusing the application, citing local housing need. I argue to the Minister that there is a very clear and pressing need to place the guidance on a statutory footing.

Amendment 101 states specifically that local planning authorities should

“ensure that the maps included in their Strategic Flood Risk Assessments are based on the most up-to-date flood risk assessments provided by the Environment Agency”.

In 2007, when surface water flooding became an issue for the first time, it was generally considered and concluded by Sir Michael Pitt’s review in 2008 that there was insufficient mapping. There have been developments since then. In particular, I applaud the opening of the joint forecasting centre in Exeter—a joint venture, as I understand it, between the Met Office and the Environment Agency—but much more could be done and drilled down to local street level to assess and give a strategic flood risk as to where the flooding is likely to appear.

The Environmental Audit Committee’s report, Flood Resilience in England, of 13 October states in paragraph 14 that the Floods Resilience Taskforce should begin to implement, no later than 2026, a mechanism to provide

“strategic oversight across all sources of flood risk, fluvial, surface water, coastal, and groundwater, and set national priorities for risk management authorities”.

That is even more important now than before.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 100 proposes placing the sequential and exception tests on a statutory footing. I thank the noble Baroness, Lady McIntosh, for her amendment. We share the view that these policies play a fundamental role in directing development away from areas at the highest risk of flooding, but it is equally fundamental that we retain our ability to adapt the position in response to emerging evidence and changing circumstances. National planning policy already plays a critical role in the planning system, being a framework which both plan-makers and decision-makers must have regard to. Enshrining these tests in statute would not only unnecessarily duplicate the policy but also make it harder to adapt and refine our approach over time. Our policy and guidance do not stand still. Guidance on the flood risk sequential test was updated only last month, and we have committed to publishing an even clearer set of national decision-making policies for consultation by the end of this year. This will include updated policies on flood risk.

Amendment 101, on strategic flood-risk assessment maps, would require local authorities to base their assessments on the most current data from the Environment Agency. As previously outlined to the House, this is already established practice. The Environment Agency updated the national flood risk assessment in 2024 and the flood map for planning in 2025, based on the latest national flood risk assessment data. For the first time, the flood map displays surface-water risk and information on how climate change may affect future flood risk from rivers and seas.

The new national flood risk assessment also allows for continuous improvement of data quality. The Environment Agency intends to update flood risk data quarterly and coastal erosion data annually, as well as refining its modelling to increase data and mapping coverage from 90% to 100%. The Environment Agency also has a long-term strategic partnership with the Met Office, called the Flood Forecasting Centre, which forecasts all natural forms of flooding, including from rivers, surface water, groundwater and the sea, to support national flood resilience in a changing climate. Local authorities must use the latest available data when preparing their assessments, and the Environment Agency routinely updates its flood-mapping tools.

Nevertheless, I wish to reassure the noble Baroness that these concerns are being listened to. The Government are committed to reviewing whether further changes are needed to better manage flood risk and coastal change through the planning system as part of the forthcoming consultation on wider planning reform later this year. I therefore kindly ask the noble Baroness to consider withdrawing her amendment.

[Baroness McIntosh of Pickering (Con)]

I am most grateful to all those who have spoken, especially the noble Baronesses, Lady Willis of Summertown and Lady Grender. I thank my noble friend Lady Scott for her support. I have some reassurance from what the Minister said, but I think she will accept my concern that a sequential test is not carried out in every case. That is why I would prefer a statutory footing, but I heard what she said.

The noble Baroness, Lady Willis, put her finger on it when she said that surface water is the most common source of flooding, yet it is underestimated. There is one question still on the table that I shall keep under review. If there is another water Bill coming down the road, we can return to this to make sure that local authorities have access to the best possible data— I think the Minister in her reply said they do—right down to street level. I welcomed the Flood Forecasting Centre; that has made a huge difference, and I hope that that the quarterly and annual reporting will make a difference. With those few remarks, I beg leave to withdraw my amendment.

Amendment 100 withdrawn.

Planning and Infrastructure Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Monday 27th October 2025 Lords Chamber

Moved by

[Baroness McIntosh of Pickering]

87FA: After Clause 51, insert the following new Clause—
“Applications for development consent: consultation for water and sewerage undertakers(1) The Planning Act 2008 is amended as follows.(2) In subsection (1) of section 42 (duty to consult), after paragraph (aa) insert—“(ab) water and sewerage undertakers,””Member's explanatory statement
This amendment seeks to ensure that water and sewerage undertakings are consulted by applicants for a development consent order in the same way as the Environment Agency currently is.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to speak briefly to this short but perfectly formed amendment. I hope to extract a commitment from the Minister and the Government on the question of making water and sewerage undertakings statutory consultees on a development consent order, as the Environment Agency currently is.

Things have changed since Committee, and there is a reason why I have tabled this amendment on Report. We have already had the report from the Cunliffe review, commissioned by Defra, which now has a new Secretary of State. Recommendation 72 of the Cunliffe report states:

“The role of water companies in the planning process in England should be strengthened to ensure they have sufficient sight and influence over upcoming developments”.


The report goes on to say that the Cunliffe review believes that water companies should have a clear ability

“to comment on planning applications above a certain threshold in England”.

The review is asking the Government to consider making water companies statutory consultees or to introduce a requirement to notify, and I am hoping that the Government will confirm this. This would ensure that water companies can deploy site-specific technical advice and avoid delays. It would also save the Government time. For example, if it was inappropriate to build a major development of, say, 300 new houses in an area of water stress, making water companies statutory consultees would expedite the planning application.

On 13 October, the Environmental Audit Committee published its report on flood resilience in England, which made a similar recommendation. Recommendation 25 of the report states:

“The Government should initiate consultation on statutory requirements for assessing the cumulative impact of development on flood risk within local and regional plans by the end of 2025”.


It goes on to say that

“water companies should be made statutory consultees on major planning applications”.

The Cunliffe review was set up at the behest of the Government, so I presume that they will follow the recommendations in its report. The Environmental Audit Committee’s report looks at how the current system is failing to prepare residents in this country for future flooding.

With those few remarks, I hope this evening to extract a commitment from the Minister that the Government will proceed on this as a matter of urgency and that we will see it as part of the Bill. If they wish to bring forward an amendment of their own, that would be ideal. I beg to move.

[Baroness Grender (LD)]

My Lords, we on these Benches support this amendment, which seeks to ensure that water and sewerage undertakers are formally consulted by applicants for a development consent order. The amendment is similar to the Environment Agency system and would help to avoid significant problems downstream.

Far too often, we have seen developments progress without any consideration of water supply, drainage or wastewater infrastructure, leading to unnecessary strain, additional cost and, of course, the human consequence of flood risk, which is worst of all. By ensuring that the relevant utilities are engaged early in the process, the amendment would promote better planning and ultimately save time, money and, above all, anguish for so many people.

The amendment aligns with some of the longstanding commitments we have worked on together in some of the APPGs. We look forward to hearing the Minister’s comments on this amendment from the noble Baroness, Lady McIntosh of Pickering.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 87FA, tabled by the noble Baroness, Lady McIntosh, seeks to ensure that water and sewerage undertakers are consulted by applicants for development consent orders. I begin by acknowledging her long-standing interest in ensuring that infrastructure development is undertaken responsibly, with due regard to environmental and public health concerns.

The importance of early engagement with key stakeholders in the planning process is definitely not in dispute. Indeed, the Government remain firmly committed to ensuring that meaningful engagement takes place at the formative stages of project development and where stakeholders are able to meaningfully influence, where appropriate.

As has been made clear in the other place by my honourable friend the Minister for Housing and Planning, the Government have already taken steps to streamline the statutory consultation process under the Planning Act. Section 42, which this amendment seeks to modify, will be repealed via Clause 4. This reflects a broader concern that the statutory requirements for pre-application consultation were not functioning as intended, leading to delays, excessive rounds of engagement and an ever-growing volume of documentation.

That said, I want to reassure noble Lords that this does not mean that issues relevant to stakeholders will be ignored—quite the contrary. Under the Bill, the Secretary of State will issue guidance to assist applicants with the steps they might take in relation to submitting an application. The Government acknowledge that stakeholders play a vital role in safeguarding public health and environmental standards, and the importance of their input and engagement will be made clear in guidance. The guidance will include expectations of who the applicant should consider engaging with and would positively contribute to a scheme focused on delivering the best outcomes for projects, and its impact on the environment and communities. This may include engaging with relevant statutory undertakers, such as water and sewerage undertakers, where it is beneficial to do so.

To be clear, the removal of statutory consultation at the pre-application stage does not remove various organisations’ ability to actively participate and influence an application through registering as an interested party. Statutory bodies will still be notified if an application is accepted and will be provided with the opportunity to make representations under Section 56 of the Planning Act 2008.

This amendment risks re-adding statutory complexity after the Government have responded to calls to simplify the system through Clause 4, which repeals statutory pre-application consultation. This has already been agreed and is not under debate.

In this context, although I appreciate the noble Baroness’s intention to strengthen the role of water and sewerage undertakers in the planning process, I must respectfully resist the amendment in the light of the planned changes to pre-application consultation associated with applications for development consent. I hope that, with these assurances and noting the inconsistency with Clause 4, the noble Baroness will consider withdrawing her amendment.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to all those who have spoken and in particular for the support from the noble Baroness, Lady Grender. I omitted to declare my interests: I am co-chair of the Water APPG and an officer of the Flooding and Flooded Communities APPG.

I am a little disheartened by the Minister’s response because it sounds like a retrograde step, and one that is not in keeping either with the conclusions set out in the cross-party Environmental Audit Committee’s report or with the Cunliffe report. The Water APPG met Sir Jon Cunliffe last week, and he is under the clear understanding that a water Bill—not a water bill as in water rates but another piece of legislation—will be coming down the track to implement many of his recommendations. I will watch this very carefully and consider how to proceed. I beg leave to withdraw the amendment.

Amendment 87FA withdrawn.