Planning and Infrastructure Bill

Debate between Baroness Taylor of Stevenage and Lord Blencathra

Committee stage
Wednesday 17th September 2025 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I thank my noble friend Lord Caithness, and the noble Lord, Lord Cameron of Dillington, for their excellent amendments—excellent because I was a co-signatory. These amendments seek to ensure consistency in treatment between statutory undertakers and private individual land managers as regards the powers of entry to be exercised by Natural England.

Frankly, this was an unwelcome addition to the Bill in the other place, giving Natural England even greater powers than already envisaged. I have referred before, or my noble friend has, to Natural England being turned into an authoritarian empire. This is part of what I was referring to. These amendments would require that at least 21 days’ notice be given to both sets of parties by Natural England to enter and survey or investigate any land covered by this part of the Bill. This appears to be the least amount of respect that private landowners should be entitled to. There are major issues around biosecurity—the risk that entrants to land carry on animal disease or predatory species. Given Natural England’s activities across the country, there is a considerable and real risk involved in their entry.

Farms may also have livestock that pose some risk to visitors and need to be kept away from roads and public rights of way, but for the behaviour of which they remain liable. Giving the additional time would allow landowners and Natural England to consider the risks around the entry and sensible precautions that can be taken and warnings given.

We in the Conservative Party have always strongly believed in both equal treatment before the law and the importance of public and private land ownership. These are principles we will always continue to support and are rights that we believe all should have access to. I therefore welcome Amendments 321 and 322, and I am grateful for the opportunity to discuss them in further detail.

I hope that those who drafted this law did not take the view—we have no evidence that they did—that, “The public sector is good and can be trusted but private ownership is bad and cannot be trusted, so let us go in and speak to them straightaway”. As an aside, I say to my noble friend Lord Caithness that if inspectors arrived at the farm of the noble Baroness, Lady Hayman of Ullock, and wanted to see it immediately, if it meant she could no longer travel on a ghastly Avanti train with me I can understand why she would happily ask them to come in straightaway.

However, I trust that the Government will take these amendments seriously and I agree with the underlying principles. I await the Government’s response to them with anticipation.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I do not want to disturb the travelling arrangements of noble Lords who live in Cumbria. Amendments 321 and 322, tabled by the noble Lord, Lord Cameron, and ably moved by the noble Earl, Lord Caithness, would extend the written notice period required before Natural England could demand admission to land. This is currently set at 21 days for statutory undertakers and at least 24 hours in other cases.

Although we agree it is important that adequate notice is provided, the provisions in the Bill are consistent with powers of entry in similar legislation. In aligning with other legislation, we are reducing the risk of confusion for landowners but also recognising the justified difference in treatment regarding statutory undertakers, such as utility companies, whose activities may be vital for public services and so may require additional preparation to protect public safety and to prevent disruption.

However, noble Lords have made some very good points and we will consider this further. It is also worth highlighting the additional safeguards in the Bill, such as ensuring that these powers cannot be used to gain access to private residences—I believe it says “residences” not “dwellings”, so I hope that covers the point about gardens that the noble Earl made. These safeguards further ensure that the powers cannot be used in any other manner other than for carrying out functions under this part of the Bill.

The noble Earl made a very good point about a second or subsequent visit. We do need to consider that further. He also raised the point about notice in writing. He is right to point to the fact that this could be an actual letter—a physical letter—or it could be an email; it could probably not be social media, because that would not be an appropriate way of communicating directly with the person concerned.

With that, and a commitment to discuss this further, I hope that, on behalf of the noble Lord, Lord Cameron, the noble Earl, Lord Caithness, will agree to withdraw the amendment.

--- Later in debate ---

[Lord Blencathra (Con)]

I wanted to speak briefly on the point that the noble Lord, Lord Hunt of Kings Heath, made on regulatory alignment. I like regulatory alignment in principle, provided it meets the right level of agreed regulation. I am fairly certain with everything I read that British regulators are perhaps over-nitpicking and over-fussy here, and are causing delays at Hinkley Point by double- and triple-checking the welding. I am also fairly certain with what I read that American regulators are—I would not say sloppy—much more relaxed.

If regulatory alignment comes about from British regulation experts talking to American regulation experts and reaching agreement, I can live with that. What I could not live with is a political agreement on regulatory alignment. I admire the way that President Trump goes around the world fighting for American interests, and stuffs everybody else provided that American interests come first. My worry here would be that, at some point, he may offer a deal saying, “Okay, Britain, you want no tariffs on steel and whisky? I can go along with that, provided you accept American terms on regulatory alignment for our nuclear reactors”. It is the political deal that worries me, not any regulatory alignment brought about by experts. I do not expect the Minister to be able to answer that or comment on it; I merely flag it. I see the noble Lord, Lord Hunt of Kings Heath, nodding, and I am glad that we agree on this point.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I will not get drawn into the geopolitical issues of international trade on the planning Bill, but I will address the points in the amendment.

The Government shares the ambition of the noble Lord, Lord Offord, and the noble Baroness, Lady Bloomfield, who moved his amendment, to make nuclear development faster and more cost effective, and the plea of the noble Lord, Lord Blencathra, for SMRs. My noble friend Lady Hayman mentioned AMRs as well, which are important. Quite simply, we cannot grow the economy in the way that we want to without rapidly tackling the clean energy issue on all fronts, including nuclear. That is about not only clean energy but providing us with energy security and lower energy prices, which will help not only businesses in our country but households as well. It is important that we get on with that.

I fear that the solutions proposed in this amendment—I appreciate that it is a probing amendment—would potentially invite problems of their own, and risk undoing the growth we have seen in public support for new nuclear. I look first at allowing the Secretary of State to disregard environmental impact assessment requirements, where doing so would

“secure the provision of the generating station in an economic, efficient, proportionate and timely manner”.

We should remember that environmental assessments include not just impacts on wildlife but also take account of the impact on communities—noise, air quality, human health, and so on.

An application for a new nuclear power station will include proposals for mitigation measures designed to limit or remove any significant adverse environmental effects that it would have. This amendment could remove any requirements for those mitigation measures, which simply means that the significant impacts would not be managed. Like the noble Lord, we recognise that environmental assessment is in need of reform, which is why we are already carefully considering how to bring forward environmental outcome reports that will allow us to ensure that EIA is proportionate and to reduce the risk that these assessments are used to unduly delay development coming forward.

Allowing the Secretary of State to exempt nuclear power station projects both from the habs regulations and from any requirement to pay into an EDP could leave our most important protected sites and species at risk of irreparable harm. Simply providing for these regulations to be disregarded is probably the wrong approach and risks removing the need for even the most common-sense consideration of environmental impacts and actions to address these.

As I hope I have already set out to noble Lords in these debates, the nature restoration fund will allow developers to discharge their environmental obligations around protected sites and species more quickly and with greater impact, accelerating the delivery of infrastructure at the same time as improving the environment.

The planning regime must support new nuclear, so we have introduced a transformative draft national policy statement on nuclear energy. It is important, therefore, that both this policy statement and the overarching national policy statement for energy are considered when deciding applications for new nuclear power stations. This amendment would remove the centrality of these national policy statements in determining applications for those power stations, which would only slow down and confuse the decision-making process. The habitats regulations must be applied sensibly, which is why the overarching national policy statement for energy has already introduced the concept of critical national priority projects. This creates a presumption that the importance of low-carbon energy infrastructure is such that it is capable of amounting to imperative reasons for overriding public interest. We recognise that we need to go further and the nuclear regulatory framework—my noble friend Lord Hunt, referred to it, I believe—must avoid increasing costs where possible. We have therefore launched the Nuclear Regulatory Taskforce, which will report later this year.

The Government remain firmly of the view that, when it comes to development and the environment, we can do better than the status quo, which too often sees both infrastructure delivery and nature recovery stall. I hope that, with this explanation, the noble Baroness, Lady Bloomfield, on behalf of the noble Lord, Lord Offord of Garvel, will be able to withdraw the amendment.

Planning and Infrastructure Bill

Debate between Baroness Taylor of Stevenage and Lord Blencathra

Committee stage
Monday 15th September 2025 Lords Chamber

[Lord Blencathra (Con)]

The Minister is suggesting that the Government are going to change the law on this. Can she give us any indication of the timescale when we might see legislation—an amendment to some primary Act of Parliament?

[Baroness Taylor of Stevenage (Lab)]

I would be very loath to do that because, whenever you start looking into legal matters, in particular, it is always more complex than you anticipated. With the will to help make this make sense, I hope that we will be able to bring our combined forces together and get some resolution to the issue. But, for the reasons I set out, I hope that noble Lords will not press their amendments.