Planning and Infrastructure Bill

Lord Hendy of Richmond Hill Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

[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.

[Lord Moylan (Con)]

My Lords, I am grateful for the Minister’s comments. However, I thought I asked some fairly precise questions, and I do not feel that he has answered the questions with the precision that I was hoping for. Therefore, at the appropriate moment, I will seek to test the opinion of the House.

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Will we see the same restraint and care when there may be millions of cables crossing the pavement, not laid and protected by construction companies but as a result of some of the drivers who park on the pavement at the moment, who perhaps could not care less, or by the cyclists who drive on the pavement and dump their electric bikes there? I will say no more on that, but I urge the Government to ensure that, in future, if they have charging points on the pavement, they take steps to make sure that cables crossing the pavement are not dangerous for any disabled users, whether they are in wheelchairs, walking or blind. I hope that we can have assurances on that point.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I thank the noble Baroness, Lady Pidgeon, for tabling Amendments 52 and 57, which are important. The rollout of public and domestic charge point infrastructure is vital to ensuring a smooth transition to zero-emission vehicles, particularly for those without access to off-street parking.

Amendment 57 seeks to simplify the installation of cross-pavement charging solutions by granting permitted development rights. The Government have listened to the concerns raised by noble Lords on this matter and further support the aim that the noble Baroness intends with this amendment. As such, we will launch a consultation on introducing permitted development in the coming months. It is important that a consultation is undertaken to consider the impacts of such a permitted development right and to develop appropriate mitigations should the proposal be taken forward. Subject to the outcome of the consultations, we will make changes quickly under secondary legislation through the Town and Country Planning Act to simplify cross-pavement charging solutions by granting permitted development rights.

The second amendment proposes to treat cross-pavement charging solutions as public charge points under Clause 47, allowing installation without a Section 50 street works licence. Section 50 licences provide local authorities with the statutory means to supervise and regulate third-party works on public highways, ensuring that standards of safety, quality and responsibility are upheld. This oversight is especially important in developing areas such as cross-pavement charging to avoid some of the difficulties that the noble Lord, Lord Blencathra, just outlined.

While the public charge point market is now relatively mature, with over 86,000 installations in the UK, the cross- pavement solution space remains nascent with just a few hundred installations to date. Given this disparity, it is appropriate that Section 50 licences continue to be used for cross-pavement installations. As my department intends to consult on expanded permitted development rights, it would also not be appropriate to remove the need for Section 50 licences at this time, as that would remove those key checks and balances for local authorities.

However, a delivery model that is already available to local authorities is to use their own highways teams. In doing so, they can already access street works permits to directly install cross-pavement solutions and avoid the need for a Section 50 licence. This approach gives local authorities power to make delivery decisions at a local level, while maintaining oversight and the choice of delivery model. Having listened to the noble Baroness’s concerns, my department will write to local authorities in England to highlight that this is an important option that should be considered.

As well as this, the Government are working to improve consistency and accelerate rollout through dedicated funding, clear guidance and sharing best practice. This includes £25 million in grant funding for cross-pavement channels in England, new and additional guidance and the aforementioned consultation on expanding permitted development rights. For these reasons, I kindly ask the noble Baroness not to press her amendments.

I turn to Amendments 53 and 54 from the noble Lord, Lord Moylan. The purpose of Clause 47 is to support the rollout of essential EV charging infrastructure across England. This clause is an essential measure for simplifying the application and approval measures for public EV charging points in response to increasing demand for charging infrastructure. The amendment tabled by the noble Lord undermines this and adds additional burdens on local authorities, ultimately slowing down rollout.

Only in certain cases does a local authority choose to dedicate a parking bay for EV charging. In such situations, the current framework—such as the use of traffic regulation orders—already enables highway authorities to manage parking on public roads efficiently. Where an EV charging bay is needed, a traffic regulation order can be implemented to allocate the space. The procedure for putting a traffic regulation order in place includes public consultation and the formal announcement of the authority’s intentions. In cases where installation work temporarily disrupts existing parking arrangements, a temporary traffic regulation order may be used. Here, too, authorities must publish their intention to suspend a parking bay in advance. My department also provides statutory guidance: the Code of Practice for the Co-ordination of Street and Road Works, which promotes early engagement and consultation among all relevant parties before works.

It is vital that our regulatory framework supports progress rather than creating unnecessary obstacles. Imposing an additional requirement for impact assessments at this point would place an excessive strain on highway authorities—a challenge that will only intensify as applications for charge point installations continue to increase. Expecting authorities to undertake detailed assessments for every permit application to install a public charge point would not only introduce additional costs and administrative pressure but hinder their ability to meet the timings prescribed in the existing statutory guidance, which sets out the parameters for response times for permit applications.

I thank the noble Lord, Lord Moylan, for tabling Amendment 54 on enabling residents or businesses to request a formal review where electric vehicle installations reduce access to conventional parking. This proposed amendment would require highway authorities to conduct formal reviews of electric vehicle charge point installations at the request of any resident or business, regardless of the scale of concern, within 30 days. This would, again, place unnecessary burdens and costs on authorities, diverting resources away from essential delivery work and risking delays in our drive towards net zero. At a time when we must accelerate electric vehicle deployment, we cannot afford added obstacles. Furthermore, allowing retrospective reviews at the request of individuals risks reopening settled decisions.

The statutory guidance for highway authorities operating permit schemes provides clear powers to assess the impact of street works and to impose conditions aimed at mitigating disruption, including the loss of parking. Authorities are expected to exercise these powers, ensuring that permit conditions are proportionate and aligned with the broader objectives of network management. This amendment would add complexity without delivering meaningful benefit. It would risk slowing the pace of electric vehicle infrastructure deployment and undermining the confidence of delivery partners.

I note the views of the noble Lord, Lord Blencathra, on the future of electric vehicles. The noble Lord is welcome to his views, but the Government do not agree with him. In any event, we need to make provision for electric vehicles that are already on the roads today. The Government’s Bill seeks to do that. Returning to Amendments 53 and 54, I ask the noble Lord, Lord Moylan, not to press them.

Amendment 55 in the name of the noble Lord, Lord Borwick, relates to accessible charging. I assure the noble Lord and the noble Baroness, Lady Grey-Thompson—indeed, all in your Lordships’ House—that this Government are very mindful of the difficulties faced by drivers with disabilities. The noble Baroness graphically described why we need to take action. Given that there will be an estimated 2.7 million disabled drivers or passengers on the roads by 2035, making public charge points accessible is not just about being fair and inclusive; it is vital.

As a result, the Government are supporting the adoption of accessible electric vehicles—including wheelchair-accessible models—and the infrastructure that supports them by encouraging their production and uptake through regulatory and policy incentives. My department and the Motability Foundation previously co-sponsored the British Standards Institution’s creation of the first global set of standards for accessible charge points—Public Accessibility Standard 1899:2022 —to provide a specification for designing and installing accessible public EV charge points.

However, we acknowledge that the adoption of these standards has not met expectations to date. Given the importance of ensuring an accessible charging network, my department and the Motability Foundation commissioned the British Standards Institution to review the adoption of the standards and any changes needed to accelerate their uptake and to improve accessibility. As the noble Lord, Lord Borwick, said, this review has involved a range of stakeholders, including disability advocacy organisations, consumer bodies, industry, the devolved Governments and others. It has identified challenges with the current standards and will be published shortly.

The review of this standard demonstrated a clear commitment from across the sector to ensure that charging is accessible for all drivers and has recommended changes and revisions to address these challenges. In addition, there are, of course, certain requirements that businesses, including those providing public charging, must follow under the Equality Act. Although the Act sets out these general duties, specific standards, such as PAS 1899:2022, help to ensure charge points are accessible in practice. I was pleased to hear from the noble Baroness, Lady Grey-Thompson, that Newport City Council has done well in this respect; of course, we want all other local authorities and private providers to do the same.

The priority at this stage must therefore be to work with stakeholders across the sector to address the findings of the recent review. We believe that there is clear support for this plan from interested parties and the groups that contributed. Following this, we will monitor the adoption by industry and the impact on accessibility carefully to evaluate whether even further measures may be needed. In the Government’s view, it would therefore be premature to seek legislative measures to mandate the requirements at this stage.

I recognise that these provisions are fundamentally enabling powers, and I am grateful to have been able to speak to the noble Lord, Lord Borwick, yesterday afternoon, since he tabled his amendment. Although I cannot currently accept his amendment, and therefore ask him not to press it, the Government will continue to consider this issue. I can assure him that all the groups that I have mentioned will continue to play a vital role in accessibility and taking forward the findings of the review. I will continue to work with him and the noble Baroness on this matter to see what we can do to speed up the process.

[Baroness Pidgeon (LD)]

I thank the Minister and his team for meeting me a number of times, including during recess, to discuss the amendments that I have tabled. Finding ways to make it easier for people who do not have driveways to move to electric vehicles is so important for our green transition. I welcome the Minister’s commitment to a consultation on permitted developments, followed by secondary legislation as soon as possible, and to write to all local authorities to effectively help speed up works to help those seeking cross-pavement solutions. On that basis, I beg leave to withdraw my amendment.

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[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord, Lord Jamieson, for moving this amendment on a new national lane rental scheme. As the noble Lord says, he and I have exchanged correspondence on this issue, for which I also thank him. This Government are committed to reducing disruption from street works and improving the efficiency of our road networks.

Lane rental is a valuable tool that enables highway authorities to charge utilities up to £2,500 per day for works on the busiest roads at the busiest times. These charges incentivise quicker completion, off-peak scheduling and alternative locations to minimise disruption. Existing schemes, not only that in London with Transport for London—a scheme I happened to have the privilege of introducing in my time as the commissioner at Transport for London—but those in Kent, Surrey, East and West Sussex and other applications that are in train, show that lane rental encourages more thoughtful planning and has proven effective in reducing disruption where congestion is most acute.

However, lane rental is not suitable for every area or every road. Many local authorities do not experience the levels of congestion needed to justify the administrative and financial burden of operating such a scheme. We remain committed to empowering local authorities but we must be mindful that there is a risk that extending lane rental powers universally could lead to an inconsistent and fragmented approach across the country. The Government recognise the value of local leadership. That is why, in our devolution White Paper, we committed—subject to consultation—to devolving approval of local lane rental schemes to mayoral strategic authorities. We have consulted on this proposal and will publish the results and next steps as soon as we can.

In relation to proposed revenue ring-fencing, from January 2026, highway authorities operating lane rental schemes will be required to spend 50% of surplus lane rental charges on highway maintenance, including the remediation of potholes, and the remaining 50% on measures intended to reduce the disruption or other adverse effects arising because of street works. These requirements will be set out in legislation and updated guidance, ensuring a balanced and targeted use of funds. For the reasons outlined, I therefore ask the noble Lord to withdraw his amendment.

[Lord Jamieson (Con)]

My Lords, I am somewhat disappointed by the Minister’s response, because I think we should have a national scheme that can be opted into—and so would still be very much a local scheme—but I beg leave to withdraw my amendment.