Planning and Infrastructure Bill

Debate between Baroness Taylor of Stevenage and Lord Pannick

Committee stage
Monday 15th September 2025 Lords Chamber

[Lord Pannick (CB)]

In answer to the excellent speech by the noble Lord, Lord Blencathra, it was not my noble friend Lord Grabiner and I who described the situation as a mess. Those were the words of Lady Rose herself in the Supreme Court. I would not presume to suggest that the Supreme Court judgment was a mess.

While I am on my feet, I am grateful for the opportunity to mention that my noble friend Lord O’Donnell is here but was not here at the beginning of the debate. He tells me that he very much supports this amendment and would wish to be included in any meeting, if the Minister will grant one. He is a main committee member at the Wimbledon club. He strongly supports the amendment but cannot speak because he was not here at the beginning of the debate.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Hodgson, and the noble Lord, Lord Banner, for their amendments related to land purchasing, and the noble Lords, Lord Grabiner and Lord Pannick, who have contributed to the debate.

Amendment 227C seeks to ensure that, when approaching landowners to buy or lease their land in connection with a proposed development, developers declare their interest in purchasing adjacent land and confirm whether purchasing that land is being done in connection with a nationally significant infrastructure project for development consent via the Planning Act 2008. While I appreciate the intent behind this amendment—to increase transparency and discourage speculative land banking, which none of us wants to see—I respectfully argue that it is neither appropriate nor necessary within the framework of the Bill.

Purchasing land in relation to developments, particularly those that relate to nationally significant infrastructure projects, can often be sensitive in nature and thus require confidential discussions between parties to ensure that the most appropriate and proportionate outcome is achieved for all. Requiring developers to disclose whether they are in talks with other landowners could inadvertently breach confidentiality agreements, potentially jeopardising progress on the development of projects.

Furthermore, within the Planning Act 2008 guidance related to procedures for the compulsory acquisition of land, there is government guidance on where purchasing land is required in connection with nationally significant infrastructure projects. This encourages developers to enter into early discissions with people who could be affected by land acquisition as a result of an NSIP. The Government stand by this guidance and seek to build on those principles without complicating negotiations with additional burdens on developers.

Lastly, where land is being purchased in connection with an NSIP, applicants are required to produce and keep up to date a book of reference, which is submitted with the application for development consent. This is a crucial document that is available for the public to view once an application has been submitted and accepted by the Secretary of State and outlines all land and interests in the land associated with the application. This includes land and interests in land that may be affected by the development, including through compulsory acquisition, temporary possession or interests being suspended or extinguished. This document, therefore, provides a clear and transparent account of all land and interests in land proposed to be affected by an NSIP.

With that, I thank the noble Baroness for her helpful proposal. However, in the light of the sensitivities noted, the guidance published, and the existing requirements of the Planning Act 2008, we do not consider that this amendment is necessary.

I turn to Amendment 227E. I hesitate to take on the combined ranks of the eminent noble Lords who have spoken in this debate, but I am grateful to the noble Lord, Lord Banner, for raising this important matter related to the disposal of land by local authorities and extinguishing the trust under which the land is held for public enjoyment, whereby it is preserved for recreational use and cannot be repurposed without following statutory procedures. The Government agree with the intent behind this amendment.

Open and green spaces and public parks are an essential part of local social infrastructure. They are one of the main reasons why people feel proud of their local area. They provide places for social connection, support health and well-being, increase community engagement and volunteering and help people to connect with nature, and can be a strong foundation for social capital.

We acknowledge that not all open spaces continue to serve their original recreational purpose. In fact, when they become neglected, they can cease to be an asset and become a burden for local authorities and communities. That is why there is a long-established procedure under Section 123 of the Local Government Act 1972 to allow for the disposal of open land held in trust.

If the procedure is followed, the land can be disposed of free from the trust provisions. Local authorities must advertise the intention to dispose of the land for two weeks in a local newspaper and consider any objections to the proposed disposal. Purchasers of land from local authorities can already protect themselves from acquiring land that they cannot develop because of a statutory trust by considering with their legal advisers whether the correct procedures have been followed, or raising appropriate pre-contract inquiries with the local authority prior to acquisition.