Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government what assessment they have made of the judgment in Gladman Developments Limited v Secretary of State for Housing Communities and Local Government and Lancaster City Council [2026] EWHC 51 (Admin), which sets aside the sequential test allowing planning authorities to disapply the national standards for sustainable drainage systems published in June 2025.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
Due to ministers' role in the planning system, it would not be appropriate for me to comment on the details of a specific legal case.
The National Planning Policy Framework (NPPF) is however clear that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or in the future). Where development is necessary in such areas, it should be made safe for its lifetime without increasing flood risk elsewhere.
The Government is committed to securing the delivery of high-quality sustainable drainage systems to help manage flood risk and adapt to the effects of climate change. The NPPF sets out that developments of all sizes are expected to make use of sustainable drainage techniques where the development could have drainage impacts.
We are consulting on a new framework that includes clearer, more ‘rules based’ policies for decision-making and plan-making, designed to make planning policy easier to use and underpin the delivery of faster and simpler local plans. The consultation includes a dedicated chapter on planning for flood risk and a proposed new requirement for SuDS to be designed in accordance with the National Standards for SuDS published last year.
The consultation on changes to the NPPF is available (attached) here: National Planning Policy Framework: proposed reforms and other changes to the planning system - GOV.UK and will remain open for responses until 10th March 2026.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government what procedure will be available for those affected by compulsory purchase orders owing to nationally significant infrastructure projects (NSIPs) to object following changes to the NSIP regime in the Planning and Infrastructure Bill.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
Development Consent Orders (DCO) for Nationally Significant Infrastructure Projects may include powers of compulsory acquisition. However, Government guidance related to the procedures for the compulsory acquisition of land continues to expect acquisition by agreement wherever practicable and supports early engagement with affected parties. DCO promoters proposing to seek powers of compulsory acquisition should be able to demonstrate to the satisfaction of the Secretary of State that all reasonable alternatives to compulsory acquisition (including modifications to the scheme) have been explored. The Secretary of State will only authorise compulsory acquisition in circumstances where it is satisfied that the statutory tests in the Planning Act 2008 are met—including that the land is required for the development, or to facilitate or is incidental to the development, and that there is a compelling case in the public interest for the compulsory acquisition. These matters are rigorously tested during the examination stage of an application.
The Planning and Infrastructure Bill does not alter these statutory tests or the requirement to notify those with an interest in land once an application is accepted. The Bill removes the duty to consult persons who have an interest in the land, or able to make a relevant claim for compensation, but retains acceptance notification and full participation rights for affected persons. Updated guidance associated with the pre-application stage of DCO applications will set out expectations for engagement with affected persons during the pre-application stage.
Landowners, including those affected by proposed compulsory acquisition, are treated as an interested party and are still able to submit a relevant representation to provide their formal comments on the application. This also enables them to participate in the examination, make written submissions, attend hearings, and request compulsory acquisition‑specific hearings.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government, further to the remarks by Lord Hendy of Richmond Hill on 30 October (HL Deb col 1496), what protection will be given under the Planning and Infrastructure Bill to those at risk of compulsory purchase of their property owing to developments such as Nationally Significant Infrastructure Projects like the expansion at Heathrow Airport.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
Development Consent Orders (DCO) for Nationally Significant Infrastructure Projects may include powers of compulsory acquisition. However, Government guidance related to the procedures for the compulsory acquisition of land continues to expect acquisition by agreement wherever practicable and supports early engagement with affected parties. DCO promoters proposing to seek powers of compulsory acquisition should be able to demonstrate to the satisfaction of the Secretary of State that all reasonable alternatives to compulsory acquisition (including modifications to the scheme) have been explored. The Secretary of State will only authorise compulsory acquisition in circumstances where it is satisfied that the statutory tests in the Planning Act 2008 are met—including that the land is required for the development, or to facilitate or is incidental to the development, and that there is a compelling case in the public interest for the compulsory acquisition. These matters are rigorously tested during the examination stage of an application.
The Planning and Infrastructure Bill does not alter these statutory tests or the requirement to notify those with an interest in land once an application is accepted. The Bill removes the duty to consult persons who have an interest in the land, or able to make a relevant claim for compensation, but retains acceptance notification and full participation rights for affected persons. Updated guidance associated with the pre-application stage of DCO applications will set out expectations for engagement with affected persons during the pre-application stage.
Landowners, including those affected by proposed compulsory acquisition, are treated as an interested party and are still able to submit a relevant representation to provide their formal comments on the application. This also enables them to participate in the examination, make written submissions, attend hearings, and request compulsory acquisition‑specific hearings.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government what steps they are taking to (1) prevent future major wildfires, and (2) ensure fire and rescue services are adequately equipped to control those that do occur.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
As the lead government department for wildfire, the Ministry for Housing, Communities and Local Government (MHCLG) maintains regular engagement with a range of other government departments, operational partners and key stakeholders to monitor and review sector led improvements and mitigations. This includes The Department for Environment, Food & Rural Affairs (DEFRA) and Cabinet Office, along with National Bodies including the National Fire Chiefs Council (NFCC) and England and Wales Wildfire Forum (EWWF)
Since 2024, the Government has funded a National Resilience Wildfire Advisor to assess what additional wildfire national capabilities might be needed to increase resilience to the wildfire risk and to ensure coordination of approaches across the sector. MHCLG also supports fire and rescue authorities in responding to incidents by providing national resilience capabilities, including High Volume Pumps (HVP).
At a local level, each fire and rescue authority is required to plan for the foreseeable risks in their area (including wildfire), through their Community Risk Management Plan (CRMP), and having regard to the views of other key local responders.
The 2025/26 Local Government Finance Settlement, published on 3 February, sets out funding allocations for all local authorities, including Fire and Rescue Authorities. Standalone Fire and Rescue Authorities will see an increase in core spending power of £69.1m in 2025/26. Including the National Insurance Contribution Grant, this is an increase of 3.6 per cent in cash terms compared to 2024/25. Decisions on how their resources are best deployed to meet their core functions are a matter for each Fire and Rescue Authority.
The Government will continue to work closely with stakeholders across the sector to ensure Fire and Rescue Services have the resources they need to protect communities.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government what plans they have to rural proof (1) the Planning and Infrastructure Bill, and (2) the Renters' Rights Bill.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
This government is committed to improving the quality of life for people living and working in rural areas.
The reforms in the Planning and Infrastructure Bill will fast-track the delivery of homes and critical infrastructure in all parts of the country, including in rural communities.
The Bill will work in tandem with our wider package of planning reforms to get Britian building again, and the government has committed to giving further consideration as to how we can better support rural affordable housing in national planning policy.
The reforms in the Renters’ Rights Bill will benefit tenants and landlords in rural areas. We recognise that rural areas sometimes have different needs to urban areas and have developed our reforms, accordingly, ensuring landlords have access to robust grounds for possession when necessary. This includes a possession ground to allow properties to be occupied by agricultural workers.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government what assessment they have made of the cumulative impact on rural and coastal communities of major infrastructure projects, such as offshore wind farms, battery storage plants, and solar farms; and what steps they are taking to alleviate any negative impact on communities.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
Major infrastructure projects that go through the Nationally Significant Infrastructure Project (NSIP) process are thoroughly considered and scrutinised on a case-by-case basis before any decision is taken on whether planning consent should or should not be granted. As part of this process, applicants are required to carry out environmental impact assessments to assess the impacts of any proposed development on the environment, and identify measures needed to mitigate negative environmental impacts. This includes consideration of cumulative impacts resulting from other projects and plans, where relevant.
Statutory consultees play a crucial role by providing assessment and feedback on applications to ensure a balance between a distinct number of needs, including environmental protections. The Examining Authority has a legal duty to test whether key environmental issues are being addressed during the examination phase. Further to this, the government has committed to introducing Biodiversity Net Gain for NSIPs, which will require these developments to have a positive impact on nature.
Through the Clean Power Action Plan, the government has made clear that where communities host clean energy infrastructure, they will benefit from it. On 21 May, DESNZ published a consultation on proposals for mandatory community benefits for low carbon infrastructure and seeking views on shared ownership – this closes on 16 July 2025.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government what steps they are taking to inform members of the public about safety measures to take where a wildfire warning is in place, in particular to prevent the use of open fires such as barbecues.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
Fire and rescue services (FRSs) have a statutory duty to promote fire safety within their areas. Where they identify the use of open fires and barbecues as a fire risk, such as when a wildfire warning is in place, Government would expect FRSs to promote relevant fire safety messages within their communities.
The Ministry for Housing, Communities and Local Government’s Fire Kills campaign works closely with the National Fire Chiefs Council to support FRSs to promote such messaging. The Government encourages the public to follow this advice, in addition to that of their local authority and landowners.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government why they are abolishing the Rural Delivery Services Grant; and what assessment they have made of the impact of its removal on rural counties such as North Yorkshire.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
I refer the noble lady to the answer given to Question UIN 20652 on 27 December 2024 and the answer to Question UIN 22380 on 15 January 2025.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government whether they plan to prevent houses from being built on functional flood plains and, in particular, on those sites located in flood zone 3b.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
The National Planning Policy Framework clearly sets out that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, including floodplains. The approach to planning for flood risk is already clear that new housing and most other forms of development are not appropriate in a functional floodplain (Flood Zone 3b), where water has to flow or be stored in times of flood.
Asked by: Baroness McIntosh of Pickering (Conservative - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government under what circumstances office properties which have been empty for six months or longer will be considered for change of use to qualify for conversion to residential homes.
Answered by Baroness Swinburne
A national permitted development right (Class MA) provides for the change of use to residential of offices that have been vacant for a continuous period of at least three months. The permitted development right is subject to prior approval by the local planning authority in respect of particular planning matters, such as flooding and transport, and various limitations. Full details of the permitted development right are set out in legislation: The Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.
A planning application is required for any change of use from an office to residential use that falls outside of the scope of the permitted development right, or where the right has been removed by the local planning authority by making an Article 4 direction. Any planning application will be determined in accordance with the local plan and other material considerations.