Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

These issues are not trivial and deserve proper scrutiny if this new power is to be created. I move my amendment in the hope of clarifying some of these things but reserve the right to test the opinion of the House on whether the removal of “possession” from the clause would make a material difference. I look forward to the debate and to hearing what the Government have to say. I beg to move.

[Baroness Pinnock (LD)]

My Lords, that is a good start to today’s debate. It is a rather arcane topic with which to start the day. I wondered, when I listened carefully to the noble Lord, Lord Moylan, whether he had actually read the original section in the Highways Act 1980, which the Government intend to—

[Lord Moylan (Con)]

I assure the noble Baroness that I have done so.

[Baroness Pinnock (LD)]

Excellent. I am pleased that he has, though I wonder whether he has, therefore, understood it. It is surprising that he has chosen to create legal uncertainty, which is what would happen with his amendment. Its consequence appears to be that developers needing a temporary use of land have in the past had to use compulsory acquisition powers if the landowner was not prepared to provide a temporary use. The Bill provides more assurance for both landowners and those improving or constructing new roads. For us on these Benches, the amendment makes no sense except as a tool to frustrate road improvements, and we will not support it.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, I thank the noble Lord, Lord Moylan, for the amendment, which seeks to remove the Secretary of State’s ability to grant powers to an acquiring authority to compulsorily possess land necessary to facilitate delivery of highway schemes. The purpose of the measure is to allow acquiring authorities to temporarily possess land when needed for highway works to the exclusion of others without resorting to permanent acquisition.

Permanent acquisition of land or acquiring the freehold or long leasehold title of the land would mean that the acquiring authority would own the land outright and permanently. This is unnecessary and disproportionate when the land is needed only temporarily. In the event that agreement cannot be reached, this clause would enable an acquiring authority to compulsorily acquire the right to temporarily possess and occupy the land needed to facilitate the delivery of a highway scheme.

The rights of an applicant to temporarily possess or occupy land are routinely granted in development consent orders and Transport and Works Act orders. Furthermore, the power would use the same land compensation provisions as apply to compulsory purchase, adapting them as necessary to effect the temporary nature of the interest being acquired.

The noble Lord, Lord Moylan, quoted the National Farmers’ Union. It is not a new power; it is an implied right to take land temporarily that already exists and is already used, but the Government’s Bill makes it explicit.

Temporary possession is a well-established legal concept. It provides certainty and practical powers essential for the safe, efficient delivery of infrastructure works. Temporary possession would offer an acquiring authority—being a local highway authority or National Highways—a safe and proportionate route to exclude others from the land temporarily. This is critical when the land is needed for highways works. It could involve storing equipment and construction materials or manoeuvring large construction vehicles, as well as creating temporary routes to keep works traffic off the highway.

Temporary occupation, on the other hand, as the sole remaining power under the amended clause, would not confer the right to exclude others. This would pose serious safety risks and could undermine project delivery. Without clear powers, authorities would be unlikely to use the amended provision. It would risk introducing legal uncertainty, prolonging negotiations, leading to an increase in objections and public inquiries, all of which would increase costs and could delay delivery.

The Highways Act 1980 already contains powers covering the compulsory acquisition of land and rights in and over land. Clause 33, as I have said, would make it explicit that those powers can also authorise temporary possession. Clause 33, as currently drafted, provides the legal certainty, operational clarity and safeguards necessary for the safe and timely delivery of infrastructure projects. It does not create a new power; it is about ensuring that highways infrastructure can be delivered safely and proportionately.

Having, I hope, clearly defined the difference between possession and occupation, I also say to the noble Lord, Lord Moylan, that this is not an attempt to own the land. In fact, it is clearly designed not to own the land, so that the title to the land would not change; it would be a right to occupy the land.

Finally, the noble Lord raised the question of how long it would be after works finish that the land can be possessed and whether there would be a need for guidance. That clearly is a subsidiary matter; I will take that subject away and write to him on it afterwards. I therefore kindly ask the noble Lord to withdraw his amendment.

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Moved by

[Baroness Pinnock]

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

[Baroness Pinnock (LD)]

My Lords, this is one area in the Bill where the Government have listened and made significant concessions in the light of the debate in Committee. In Committee, the amendment in my name and that of the noble Baroness, Lady Bennett of Manor Castle, challenged the Government to think again about the removal of heritage protections currently provided in the Transport and Works Act. I have retabled the amendment debated in Committee to press the Minister to reconsider.

In Committee also, the noble Lord, Lord Parkinson, proposed that Clause 41 stand part as the only route to provide important protection for our nation’s heritage. Government Amendment 49 is the answer to those strong arguments: the original Clause 41 is deleted along with the schedule, and a replacement Clause 41 tabled by the Minister.

At the core of the new Clause 41 is the notion of deemed consent; the deemed consent route does not ensure that key heritage duties, such as the duty to have special regard to listed buildings and conservation areas, are included. The Secretary of State therefore makes decisions on whether work to a listed building, scheduled monument or in a conservation area can be given permission, with the provisos of having due regard to. That route enables decisions on those issues to be made more quickly, but it fails the public engagement test that we on these Benches believe is important. However, given the changes proposed by the Minister, we are satisfied that there are protections for heritage sites and trust that all Secretaries of State will use their power with a special and high regard for our heritage. I beg to move.

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As a result of these amendments, and following their indications that they would do so, I hope that noble Lords will withdraw or not move amendments that seek to achieve the same outcome as the government amendments.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for the long discussion that we had on this issue during recess and her commitment then to introduce a new clause. In my view, she has responded appropriately and fully to the concerns expressed. With those safeguards for our heritage, I beg leave to withdraw the amendment.

Amendment 48 withdrawn.

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[Baroness Bennett of Manor Castle (GP)]

Before the noble Lord sits down, I want to point out, since he addressed me directly, that mushrooms are a tiny fraction of the mycological ecosphere and that what we are talking about here are the fungi that are essential for plants to be able to attract nutrients. I would be very happy to discuss all this with him later.

[Baroness Pinnock (LD)]

My Lords, I hope that in two minutes we will adjourn. Right from the outset of the debate on this Bill, the Liberal Democrats have supported the idea of mandatory training for councillors who serve on planning committees, and I am pleased that this amendment does not challenge that principle, which is a good one.