Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026

Lord Jamieson Excerpts
Monday 15th December 2025

(2 days, 23 hours ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Jamieson Portrait Lord Jamieson (Con)
- Hansard - -

I am sorry, but I am going to take slightly longer on this SI, because this is a really important issue. We have a housing crisis and a safety crisis in the UK, and we need to get both of them right.

The purpose of this SI is clear enough. Basically, it follows on from work that we did in the previous Government on establishing the BSR, which was established under the Building Safety Act 2022. That was brought forward by the Conservatives and it was the right thing to do. None of us wants to see again the horror of Grenfell, where 72 people lost their lives. The inquiry rightly set out that systematic changes were needed after the decades-long failure that allowed such a tragedy to occur. It is vital that any regulatory system created in the wake of Grenfell is rigorous, trusted and functional.

In principle, strengthening the clarity of responsibility is welcome and in line with the legislation brought forward by the previous Conservative Government. However, in practice, the regime that the SI seeks to underpin is already under severe strain. It is not working as intended. Developers, local authorities and construction professionals are encountering severe and sustained delays. According to the Construction Plant-hire Association, more than 150 high-rise residential schemes are stalled at the gateway 2 approval stage, with delays stretching not to two weeks but up to 40 weeks. London alone accounts for more than 60% of the affected schemes and these delays cascade down through the supply chain, leaving cranes, machinery and personnel—hired at enormous cost—idle while developers wait for decisions that should have been completed months earlier. Just as importantly, the risk of taking on new projects means that people are not doing them. This is about not only the idle projects out there but the projects that have not started.

The Government have promised 1.5 million homes in this Parliament, yet the evidence is overwhelming that they will fall dramatically short, with barely a third of the homes that should be completed actually to be completed and delivered. Experts across the board, from the OBR to Savills, the Home Builders Federation and Professor Paul Cheshire, agree that there is little to no chance of the Government hitting their target.

We now have the lowest number of additional homes in nearly a decade. The HBF states that housebuilding is flatlining at around 200,000 homes a year—far below the 300,000 required to get even close to the Government’s requirement. In London, the picture is dire: housing starts under the current mayor have collapsed, and the number of private homes under construction is projected to fall to just 15,000 by 2027.

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, I declare my interest as a councillor in central Bedfordshire and a local government pensioner. I extend my thanks to the Minister for the time that she has given noble Lords today, as well as for the many constructive meetings that she has kindly hosted outside your Lordships’ House. I am likewise grateful to the many organisations and individuals who have written to us all and provided many submissions to and analyses of the Bill.

One question troubles me: what is the true purpose of the Bill? I remain far from certain. Over many years, we have seen a consistent trend of centralisation in the UK. As a councillor and an ex-chair of the LGA, I am a huge advocate of devolution, and I was looking forward to the Bill delivering real devolution. We have heard support across this House for genuine devolution. But—and there is a but—while “Devolution” is in the Bill’s title, as hard as I try, I find very little devolution in the Bill. Yes, the Bill devolves licensing of micro electric vehicles and removes outdated Secretary of State consent for things such as special event notices, the conversion of footpaths to cycle paths, and the construction of cattle-grids. Given our previous discussion on the Planning and Infrastructure Bill, I am pleased to see the partial removal of the need for Secretary of State approval for lane rental schemes. While these are all very helpful, they can hardly be described as real devolution, and would certainly not justify a Bill of this size—well over 300 pages.

In fact, the reality is the reverse, with the Bill seeking to centralise powers in Whitehall. Reading the Bill, there are 43 mentions of “must have regard to”, including regard to guidance from the Secretary of State; 76 mentions of “duty” in relation to local government; and 105 mentions of the “Secretary of State may”. With all this new guidance and new duties that have to be followed, there is no mention of transferring funding for fiscal devolution in relation to, for instance, new duties for health, housing and education. Instead, there is an ability for mayors to increase taxes on hard-working residents, who are already suffering from a £68 billion increase in taxes over the last two Budgets. The Bill clearly risks substantial increases in local taxation from uncapped mayoral precepts that can be used for almost any purpose, no doubt to fulfil new duties and guidance as dictated by Whitehall.

Had the title of the Bill been “local government reorganisation”, this would have been more understandable. The Bill’s focus is on the establishment of mayors and strategic authorities and the transfer to them of powers currently held by existing county, district and borough councils. I ask the Minister: what is the purpose of the reorganisation? In the Bill, it is clearly not about devolving powers from Whitehall.

I will reflect on some comments that were made across the House. The noble Lord, Lord Best, raised development corporations, and I have a lot of sympathy with that, but do we really need mayors to create development corporations? The existing structures could do that. Taxis have been raised by many noble Lords, as has safeguarding—and the alarming statistic on the number of Manchester taxi drivers from Wolverhampton. These issues need to be addressed.

Why is there a delay to the mayoral elections? Why could they not have carried on? The Minister said that these strategic authorities would carry their formation, so why not have a mayor to help that? Also, the issue of town and parish councils is critical, and the Bill is rather reticent on that.

On devolution, there were some interesting quotes. The noble Lord, Lord Wallace of Saltaire, called the Bill “constitutionally incoherent”. My noble friends Lady Shephard and Lord Trenchard spoke eloquently on local democracy and local identity. The noble Lord, Lord Bassam, said the Government should “pause and think” before rolling out. The noble Baroness, Lady Janke, called it a “woeful” Bill. My noble friend Lord Porter made an interesting comment: should we be judging this on how small Whitehall gets? Our suspicion is that it will not get smaller. The noble Lord, Lord Pack, made important comments on commencement, and I ask: why are we having a Bill when many powers that already exist on the statute paper have not been commenced? This should be about local identity, local democracy and real devolution. We should be trusting local people, as my noble friend Lady Maclean said. As the noble Baroness, Lady Pinnock, said, it should be about place-shaping, which is best done at the local level.

I will reiterate the important questions posed by my noble friend Lady Scott regarding cost and economies of scale. Both my noble friend and I have led councils through reorganisation, and we know the difficulties and the upfront costs involved, as well as the need for scale in certain services, such as social care. How will the Government ensure that any projected savings, potentially in the tens of millions, are actually realised and not frittered away by consequent changes? If such savings do materialise, will they be used to ease the burden on local taxpayers, who are already under considerable pressure? In Committee we will wish to probe in detail the areas of competence that the Government seek to shift, and, crucially, the rationale for doing so.

I must also raise what I consider to be a fundamental issue: what powers are actually coming down from government to local government—local councils and mayors? The Minister suggested that future powers will depend on what mayors demand, but how will these demands be made? Who decides which powers are devolved and which remain tightly controlled from the centre? As drafted, there is no clear pathway by which a mayor may secure the genuine authority needed to effect meaningful change—and, as importantly, funding for the services involved. Annual bidding for funds is not the same as having a guaranteed revenue stream against which you can plan. In this regard, the Government already have form, removing the incentive for growth provided by retained business rates, which are set to be removed by a business rates reset. The Bill does not devolve power; it simply rearranges administrative functions through Whitehall diktat.

Devolution has huge potential. Whitehall does not know and cannot implement holistically at the local level. If we as a nation are to address the issues of social care, health, economic growth and inactivity, it cannot be done centrally; it needs to be done by local partners working together at the local level to get the best outcomes for their communities. As we have heard across the House, whether it is Cornwall and Devon—there is a bit of a dispute about cream and scones, but hey—or Kirklees, Yorkshire or elsewhere in the country, they are all different and need to be looked at separately.

I hope that in Committee the Government will provide the clarity that is presently lacking and explain how they intend to bridge the gap between nominal competence and real power. Only then can we properly assess whether this legislation truly serves the interests of local communities or simply strengthens the hand of central government. For these reasons, I fear the Bill does nothing to empower local communities. Instead, it reduces local democracy through government-imposed restructuring, irrespective of local opinion, local geography or local identity—bureaucratic reorganisation that will cost money, distract from housing delivery and offer no evidential basis for improved services. It risks higher costs for residents through the new mayoral precepts, increasing borrowing powers, higher parking charges and the creation of further layers of mayor-appointed officials. Can the Minister assure the House that this will not lead to higher bills for hard-pressed residents while services are disrupted through reorganisation? These are serious concerns and I look forward to returning to them in more detail at the next stage of the Bill.

Gateway 3 New-build Applications

Lord Jamieson Excerpts
Wednesday 3rd December 2025

(2 weeks ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- Hansard - - - Excerpts

The noble Lord may be aware that one recommendation of the Grenfell report was to have a single building regulator. Progress is being made towards that—a single body is being set up with oversight of the building safety regulator. We need to move this forward very quickly, but it is important that we get it right as we do so. We need to work with the industry to deliver the single construction regulator in a way that will work effectively for everybody. The new body has been established through a statutory instrument, which was laid on 11 November. So progress is being made, and we need to make sure that we move this on as quickly as we can.

Lord Jamieson Portrait Lord Jamieson (Con)
- Hansard - -

My Lords, we have seen a significant drop in the delivery of housing starts in London. Have the Government analysed the impact of delays in and the uncertainty of the BSR process on the viability of apartment blocks above 18 metres, and thus the development of those blocks? If so, will the Minister share that analysis with the House?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- Hansard - - - Excerpts

One of the benefits of the changes to the BSR is that regular data is now being published monthly. The November data has been published and is available online for all interested parties to look at. As I have said, we accept that the delays have been unacceptable. About 15% to 25% of the new dwellings that we want to build will be the responsibility of the BSR to improve. The new team has introduced an innovation model to deliver significantly reduced processing times for all new build applications—not just for London but for everywhere else. We expect most cases under the previous model to be unblocked by the year end. There has been a dramatic improvement already, with reductions of 20 weeks or more in some of the approval processes.

Fair Funding Review

Lord Jamieson Excerpts
Monday 24th November 2025

(3 weeks, 2 days ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Asked by
Lord Jamieson Portrait Lord Jamieson
- Hansard - -

To ask His Majesty’s Government how the pressures on local authorities to deliver additional housing and employment growth are factored into the Fair Funding Review.

Baroness Taylor of Stevenage Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
- Hansard - - - Excerpts

We have already taken important steps to ensure that local government is able to support our Government’s ambition to build 1.5 million homes in this Parliament, to tackle the housing crisis and to kick-start economic growth. The Fair Funding Review 2.0 reforms further incentivise these ambitions through an inbuilt reward in the council-tax calculation and the business rates retention scheme. We understand that local government is at the heart of delivering our growth and housing missions. More details will be published at the provisional settlement later this year.

Lord Jamieson Portrait Lord Jamieson (Con)
- Hansard - -

I thank the Minister for her Answer. Additional housing and commercial property come at a cost to councils in both capital and revenue terms, and more than that raised by the additional council tax. Can the Minister explain why this Government are removing the incentive of retained business rates, which will force many councils—which have done the right thing and supported growth—to raise council tax to the maximum and cut their services?

Water and Sewerage Companies: Statutory Consultees

Lord Jamieson Excerpts
Thursday 20th November 2025

(3 weeks, 6 days ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- View Speech - Hansard - - - Excerpts

Of course our regulatory system is important in helping and supporting the management of the development of the number of new homes we want to deliver. But we have taken a step back to look at the statutory consultees within the planning system—the moratorium was announced by the Chancellor in January—so that we can take account of some of the feedback we have had that the statutory consultee system is not working as well as it should. The Statement confirmed to the House a number of steps that the Government have taken to improve those statutory consultee arrangements—and that includes some of the regulators—including limiting the scope of those consultees to apply only where advice is strictly necessary.

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, does the Minister agree that water and sewerage companies and undertakings should fully engage with local plans and spatial development strategies as statutory consultees, so that these issues can be addressed up front at the strategic level rather than having to do it on a site-by-site basis? That would speed up the planning process and deliver better outcomes.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- View Speech - Hansard - - - Excerpts

I agree with the noble Lord that early engagement with the local planning authority, the Environment Agency and the relevant water and sewerage companies, as appropriate, can help establish whether there will be water and wastewater issues that need to be considered. We expect water and sewerage companies to take a strategic approach to planning their water services, accounting for growth and the needs of the environment. There must also be strong collaboration between local authorities and water companies, so that local plans, water resources management plans, and drainage and wastewater plans align.

Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations

Lord Jamieson Excerpts
Tuesday 18th November 2025

(4 weeks, 1 day ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Jamieson Portrait Lord Jamieson (Con)
- Hansard - -

My Lords, as the noble Baroness, Lady Pinnock, said, there is a certain amount of logic in adding data centres to the list of projects that may be taken through the nationally significant infrastructure regime. We agree with the Minister that having sufficient data centre capacity will be absolutely crucial to this nation going forward. We also recognise that, when this legislation, with its list of nationally significant infrastructure projects, was originally written in 2008, data centres were a dream on the horizon. However, allowing decisions on large data centres to be taken by the Secretary of State rather than through the local planning system is a significant change; I share the concerns of the noble Baroness, Lady Pinnock, around local democracy and accountability.

These issues were also raised, as was said earlier, by the Secondary Legislation Scrutiny Committee, which drew attention to two key concerns. The first is that the Government have not yet published their draft national policy statement for data centres alongside this measure, which means that we cannot analyse it in the round. Without that framework, neither Parliament nor the public can properly understand how such applications will be assessed under the national regime.

For a bit of fun, I looked on the web for the definition of a data centre. It is defined as a “facility containing computer servers, data storage systems, high-capacity networking and associated plant”. To me, that is an incredibly broad definition, so we need a great deal of clarity about what exactly it is; otherwise, there is the potential to include pretty much anything that has a computer as a data centre.

The second concern is the Government’s intention, subject to future legislation, to remove statutory consultation requirements at the pre-application stage and instead rely on non-statutory engagement. Ministers say that they still expect high-quality consultation, but the committee urged the House to seek firm assurances that local people will still have a meaningful opportunity to make their views known. We share that concern.

Some data centres have already proved highly contentious because of where they are proposed, particularly where they involve development on the green belt. The Government are moving steadily to loosen green belt protections. We have warned against this consistently, which is why, during the passage of the planning Bill, we tabled and won an amendment to ensure that brownfield land is prioritised for development. That principle attracted support from all sides of the House then, and I have no doubt that it still commands broad agreement.

Against that background, the Government should have set out a clear policy statement now, not at some vague point in the future. Only with such clarity can Parliament and the public understand how decisions will be taken. We all remember that, shortly after the election, the Secretary of State intervened to approve two large data centres on green-belt land that had been rejected by their local authorities. That episode shows exactly what is at stake. If the Government wish to avoid further controversy, they must be open and honest about how they intend to weigh local impact against the national need.

That is why proper consultation is indispensable; it is not a procedural formality but a foundation of legitimate planning. Local voices must remain at the heart of the process and not be pushed to the margins. Yet, as was said earlier, the Government are removing long-standing statutory duties to consult with the community. Ministers say that they expect high-quality engagement, but expectation alone does not deliver. Only enforceable routes for community involvement can do that.

We have always stood firmly for the principle of local content—that is something that I share with the noble Baroness; we have a bit of an alliance on this—and will do so again, when your Lordships’ House examines the forthcoming devolution legislation. Communities deserve a real say in decisions that shape the places that they call home. It is our duty to make sure that they are not denied it.

How will the Government ensure that energy and resource pressures, particularly on water, as has been mentioned, do not undermine development of data centres that are now deemed nationally significant? We are already seeing huge pressures on local electricity and water grids that are already hampering development, both housing and commercial. How will Ministers ensure that future data centres are located and designed responsibly and that the policies of the Secretary of State for Energy Security do not put those investments at risk?

If we are to develop the data centres that this country needs, it is not just a case of streamlining the planning system. No amount of power grab of planning powers by the Secretary of State will address the fundamental issue of the cost of electricity in the UK. It is this that is undermining our industry and undermining the economics of data centres in the UK. When will this Government change policy and seek to address this fundamental issue of electricity and energy costs in the UK?

I would be grateful if the Minister could address three short questions. First, to repeat what the noble Baroness, Lady Pinnock, said, when will a draft national policy statement for data centres be published for consultation? Secondly, what guarantees will the Government give that local communities will have real and effective opportunities to make representations once statutory consultation is removed? Thirdly, what will this Government do to ensure sufficient electrical and water capacity in order to ensure that future data centre development does not place unsustainable pressure on local energy and water infrastructure? These are important questions, and the Government need to answer them clearly and with a commitment for action, not warm words and obfuscation.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- Hansard - - - Excerpts

I thank the noble Baroness, Lady Pinnock, and the noble Lord, Lord Jamieson, for their contributions to this debate on the SI. I shall try to address all their questions; if I miss any, I am sure that they will let me know, and I shall respond in writing to them.

First, to pick up on the issue of the publication of the national policy statement, which I know is a concern that both noble Lords have expressed, we do not anticipate any significant gap between the SI coming into force and the publication of the draft national policy statement. If for some reason the gap is more pronounced, any projects subsequently directed into the NSIP regime will be considered in the same way as any other business or commercial project under Section 105 of the Planning Act 2008.

When the NPS arrives, it will set out which types of data centre infrastructure are considered of national significance—I think that is an issue that the noble Lord, Lord Jamieson, raised. That includes details of any thresholds and parameters, such as size or other relevant factors, as well as relevant policy background—including the needs case for data centres. The national policy statement is currently under development and testing. Given the time it may take to comply with statutory requirements for the designation of a new national policy statement, it was considered appropriate to lay the statutory instrument in advance, because we know how quickly this industry is moving and we want to make it possible to deliver data centres as quickly as we can.

The proposed national policy statement for data centres will be the very first national policy statement to be prepared covering a prescribed type of business or commercial project. We are working on that at speed. If there is no national policy statement in place, the Planning Act 2008 will apply, as I said. I hope that that clarifies when we are expecting that to come forward.

I know that the noble Lord, Lord Jamieson, also mentioned grid capacity. He knows that I have been working very closely with DESNZ colleagues—I do not have the net zero brief anymore, but I continue to take a great interest in this. My colleagues in DESNZ understand that grid capacity is not just an issue around data centres; it affects the whole construction industry. We need to move at pace to make sure that we have grid capacity to meet needs going forward. DESNZ is actively working on that, and I am sure it will make further announcements in future on that subject.

The noble Baroness, Lady Pinnock, mentioned some issues around the environmental sustainability of the impacts of data centres. They are important, and, of course, it is important that we make sure that the NSIP regime does not diminish them, as in comparison with the TCPA regime. Both planning regimes are governed by the same underlying principles to ensure that environmental effects from the proposals that come forward are identified and considered clearly as part of the application and decision-making process. The underlying legal and policy frameworks are different. For NSIPs, where a national policy statement has effect, the first port of call for decisions is in the context of the relevant national policy statement. Under the TCPA regime, local authorities decide planning applications in accordance with the local development plan, as we all know. That is the substantive difference between the two, but it should not undermine the environmental aspects being taken into consideration.

The extent to which a proposed data centre NSIP would have environmental impacts, both positive and negative—including water and energy consumption, noise pollution, waste generation, land use, visual impacts and location—would be part of the consideration of the NSIP during its examination and its determination by the Secretary of State. Prescribed statutory bodies, such as the Environment Agency, Natural England, the Forestry Commission and the Canal & River Trust, play an important role in that examination. They must be notified of accepted applications and invited to a preliminary meeting, and they are entitled to make oral representations at hearings.

Environmental impacts are considered as part of the development consent order process, and the 2017 environmental impact assessment regulations set out the procedures for determining whether a proposed development requires the applicant to undertake an environmental impact assessment. Many large business or commercial projects, which will now include data centres, can be caught by the EIA regulations. An EIA is a process where the likely significant environmental effects are assessed and taken into account, and, where applicable, an applicant must submit an environmental statement as part of their application to the Planning Inspectorate.

The emerging national policy statement on data centres, like any national policy statement that is being developed, will need to be supported by an appraisal of sustainability which takes account of the environmental, social and economic effects of designating an NPS and reasonable alternatives, sets out mitigation and enhancement measures and helps inform the preparation of the national policy statement to promote sustainable development. Habitats regulations also apply to an NPS on habitats sites.

I have gone into that in some detail because I want noble Lords to understand that there is significant environmental protection, regardless of which route through planning data centres take.

The noble Baroness, Lady Pinnock, mentioned heat. Data centres produce significant heat; the technology exists to capture that and use it in district heating networks or to meet significant demand. I hope that, increasingly, as this industry develops, there will be more creative and imaginative uses for that heat. There is potential for it to be captured and used for further benefit and there have been successful examples of using data centre heat for hospitals and homes. A current UK example, if she is interested, is the use of a data centre to heat a local swimming pool in Devon. That is very good news. The Greater London Authority is developing a pilot to test heating up to 10,000 homes and at least one hospital—Middlesex—from London-based data centres. We are engaging with developers and operators to determine whether further interventions are necessary and appropriate to encourage that sort of take-up of recycling the heat.

--- Later in debate ---
Lord Jamieson Portrait Lord Jamieson (Con)
- Hansard - -

The Minister may have been coming on to this, so I apologise if I have butted in too quickly. It was not just the quantum of energy; it was the cost of energy, and this is very much seen as an enabling bit of legislation to make it easier from a planning perspective to build data centres. Fundamentally, we have extremely high energy costs in the UK. They are 25% or 30% more than in Europe and more than double the price in the USA. If we want a competitive industry for data centres, we need to get the energy price down. Can the Minister comment on that?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- Hansard - - - Excerpts

I think colleagues in DESNZ are working tirelessly to make sure that we are looking not only at the cost of our energy in this country but at its security, because that is very important. That is why there has been this very strong push. We have removed the restrictions on land-based wind farms, and I know that DESNZ colleagues are working very hard to make sure that we both have energy security and are reducing the cost of energy, for businesses, which is really critical, but also for our householders, because I know that energy bills are a real pressure on family budgets.

Lord Jamieson Portrait Lord Jamieson (Con)
- Hansard - -

I am probably stretching my licence here, but the Minister talked about removing restrictions on wind power. Might her colleagues in DESNZ be looking at moving some of the restrictions on North Sea oil and gas, which would also have a big impact on our energy costs?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- Hansard - - - Excerpts

I have heard the noble Lord’s party speaking about that in the other place. At the moment, the emphasis is very much on making sure that we make the most we can out of renewable energy sources. It is a great resource that this country has and it has been very underused in recent decades. We can make far more of that, helping to establish our energy security and make that safer, as well as making sure that we are reducing the costs for householders.

In conclusion, I want to draw the Committee back to what these regulations seek to achieve. They are an enabler for developers of data centres, and I thank noble Lords for their support overall for that being a part of our critical national infrastructure. This will enable these projects to be directed into the NSIP consenting process through the Planning Act 2008 as opposed to the Town and Country Planning Act 1990. Applications for data centres directed into NSIP will undergo a thorough and robust process, including examination by an independent examining authority where local communities and other interested parties can participate and register their views before the Secretary of State decides whether to grant consent. I hope the Committee will agree that it has considered these amending regulations in full.

London Boroughs: Financial Support

Lord Jamieson Excerpts
Monday 3rd November 2025

(1 month, 2 weeks ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- View Speech - Hansard - - - Excerpts

I hope the work we have done so far will illustrate to the noble Baroness and other noble Lords that we are committed to improving how we assess need to make sure that central government funding is distributed fairly to the places that need it the most. Our proposals use the best available evidence so that we can more effectively capture variations in demand for services. A particular bugbear for me over the years—I am sure the noble Baroness will have heard me say this—is that we need to identify in local authorities pockets of high deprivation within generally more affluent areas. We continue to explore and review the new data that comes forward on measures of deprivation, and a final decision on the inclusion of the 2025 index of multiple deprivation will be made in the autumn, when we set out our funding plans for local government.

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, I declare my interest as a councillor in central Bedfordshire. This Government have said that their priority is growth. The previous Conservative Government incentivised councils to grow their local economies through a share of business rates growth and the new homes bonus, which many councils use to support economic growth. The new homes bonus has already been removed, and now this Government are resetting business rates, causing a severe financial squeeze on high economic growth councils. Are this Government no longer interested in growth?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- View Speech - Hansard - - - Excerpts

The exact opposite is true. We are supporting our councils, which is why we have increased the overall spend on local authority funding, providing over £5 billion of new grant funding over the next three years for local services, including economic development services. The other work we are doing alongside that, including the Planning and Infrastructure Bill, which we will debate later today, lays the foundations so that local authorities have a clear run to improve the economies of their local areas.

Baroness Pinnock Portrait Baroness Pinnock (LD)
- View Speech - Hansard - - - Excerpts

My Lords, on these Benches we have much sympathy with the core principle behind this amendment from the noble Lord, Lord Lansley, regarding mayoral development corporations. The purpose of Part 4 of this Bill is to create a more flexible, and perhaps more robust, framework for development corporations. The existing way that development corporations work has limitations with regard to some of the development that all of us seek—transport infrastructure, for example. The noble Lord, Lord Lansley, has helpfully reminded us that this selfsame wording is in the devolution and empowerment Bill, currently going through its stages at the other end of the building, so those of us who will have the joy of debating that Bill, when it comes here, will be coming back to this issue.

The main concern we have, though, is about the decision being vested in the hands of the mayor and the rather narrow representations of the leaders of the constituent authorities—this will not come as a surprise to the Minister. This is an erosion of meaningful local planning influence, reducing local authorities to mere consultees whose considered objections can be dismissed. This amendment could grant substantial planning control over designated areas by placing the decision-making at the mayoral level, with its minimal approach to democratic engagement and consultation. While mechanisms exist for arrangements concerning the discharge of planning functions, this shift inherently concentrates strategic planning functions away from the local level.

Amendment 232 is a way forward in potentially accelerating growth plans, but it is achieved at the expense of local democratic involvement and, crucially, would lose having a strong voice from those residents directly affected. In a nutshell, this is an interesting and important proposal, but it bypasses local democracy.

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, my noble friend Lord Lansley’s expertise on development corporations is, as ever, formidable, and the concerns he raises deserve full and careful consideration. This amendment speaks to the wider question surrounding the Government’s devolution agenda, particularly the potential to give metro mayors the tools they need to deliver housing projects, attract private investment and cut through the bureaucratic fragmentation that so often stifles local ambitions. In many ways, it would build upon the principles set out in the Levelling-up and Regeneration Act, and the work that we have done collectively to champion place-based solutions to the challenges that this country faces. As my noble friend says: equality for mayors.

I am entirely sympathetic to the intention behind this amendment. It is clearly defined and purpose driven. However, to sensibly empower metro mayors or development corporations further, the Government must provide clarity on their plans for local government reorganisation. Without this clarity we risk legislating into a vacuum, creating overlapping authorities and confusion where coherence is needed. On these Benches, we strongly support greater local oversight and a faster route to regeneration, but the real obstacle remains the Government’s opaque approach to LGR. Until there is a clear framework for how local government structures will interact with devolved authorities and combined counties, progress will be piecemeal at best. The Government must work this out, and quickly. We are all waiting for clarity.

Baroness Taylor of Stevenage Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
- View Speech - Hansard - - - Excerpts

My Lords, Amendment 232, tabled by the noble Lord, Lord Lansley, seeks to standardise and extend powers in respect of mayoral development corporations to mayors of all strategic authorities outside London. I understand why the noble Lord has brought his amendment forward. The Government are bringing forward equivalent provisions via Clause 36 and Schedule 17 of the English Devolution and Community Empowerment Bill, and I understand his view that inclusion of this amendment would expedite the legislative change. I welcome that enthusiasm: it is essential that all mayors have powers to establish and oversee mayoral development corporations, which are a key tool to drive large-scale development and regeneration in their regions.

None the less, the amendment would not save significant time. The Government are committed to ensuring that the English Devolution and Community Empowerment Bill reaches Royal Assent in spring 2026, at which point there will be no delay. The relevant provisions will commence on the day that the Act is passed, providing relevant mayors with the powers to establish development corporations. The amendment would also have minimal impact because, except for the Cambridgeshire and Peterborough combined authority—I can understand why the noble Lord, Lord Lansley, might be particularly interested in that one—all mayoral strategic authorities currently have powers to establish and oversee MDCs. Cambridgeshire and Peterborough Combined Authority, as well as any new mayoral strategic authorities, will automatically receive mayoral development corporation powers following Royal Assent of the English devolution Bill.

Finally, and I think this reflects the comments of the noble Baroness, Lady Pinnock, it is appropriate that Parliament scrutinises provisions providing mayors with mayoral development corporation powers, as part of the wider package of powers being granted to mayors through the devolution framework in the English devolution Bill. Therefore, while I understand the reason that the noble Lord has brought Amendment 232 forward, I hope that he will consider withdrawing it.

--- Later in debate ---
Baroness Pinnock Portrait Baroness Pinnock (LD)
- View Speech - Hansard - - - Excerpts

My Lords, I thank the noble Baroness, Lady Hodgson, for bringing these amendments, particularly Amendment 241. The noble Baroness raised the issue of land banking in Committee and I am pleased that she is raising it again on Report. As she rightly said, land banking is one of the blockers of development. I will repeat one of the stats I gave in Committee: 1.2 million housing units with full planning permission are waiting to be constructed. Those figures are from the ONS. One of the reasons is that developers want to keep prices high and therefore phase development over a sometimes inordinately long timeframe. Indeed, in my own town there is a development of nearly 300 homes that the developer wishes to develop over 10 years, which explains, I think, as much as anything, why this country is short of the housing that it needs.

There are other consequences of land banking, apart from the crucial one of failing to supply the houses that the country needs in a timely way; it also has an impact on local plans. Where developers have full planning permission for all the allocated housing sites in a local plan, they can, and do, argue that they therefore need more sites, sometimes with preference for sites in the green belt, even though there is no intention of beginning, let alone completing, the sites they currently have with full planning permission. That is a really important issue on which I hope the Minister will give some comfort for those of us in local councils. I look forward to what the Minister has to say on these important issues.

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, I thank my noble friend Lady Hodgson for her constructive engagement throughout the passage of this Bill, her close attention to its detail and her ambition to improve the legislation in a number of important areas. Amendment 240 needs to be considered carefully; I will be interested to hear what the Minister has on it. Where the total land being assembled could ultimately lead to an application for designation as a nationally significant infrastructure project, there is a real need for greater clarity at an early stage. That would only help to build trust between developers, landowners and local communities, and my noble friend’s proposals rightly highlight that need.

--- Later in debate ---
Baroness Pinnock Portrait Baroness Pinnock (LD)
- View Speech - Hansard - - - Excerpts

My Lords, I was very pleased to attach my name to the amendment in the name of the noble Lord, Lord Crisp. He raised a wider issue in the debate on what became the levelling-up Act about the need for healthy homes, and he was right to do so. I was saddened that that was not accepted by the Government at the time. He has now brought forward a less demanding amendment.

It is important that, when thinking about development, health and housing, we add the idea of ill-health prevention and the social determinants of health. That is what the noble Lord, Lord Crisp, mentioned and defined, and how right he is.

Some 14% of homes in our country—3.5 million—are not up to decent housing standard. In my own district, which has areas of quite considerable deprivation, where people are living in poor accommodation, a report says:

“Children in bad housing conditions are more likely to have mental health problems, have respiratory problems, experience long-term ill health and disability, experience slow physical growth and have delayed cognitive development”.


The noble Lord, Lord Crisp, has made the case: children deserve better. We ought to support him.

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, these amendments deal with an issue that goes to the very heart of the Bill’s purpose: how we ensure that our planning system promotes not only economic growth and infrastructure delivery but the health and well-being of our communities. This is not just about a healthy home but about a healthy community, which is so much more than just the bricks and mortar. As has been raised many times throughout the passage of the Bill, we all want to create great communities—a home and that sense of place. Great places are healthy places. That includes warm and comfortable homes, spaces that are safe for outdoor recreation, places to socialise and places where work, leisure facilities and open spaces are easily reachable.

Amendment 247 would place a statutory duty on the Secretary of State to have regard to the need to improve health and reduce health inequalities when discharging their planning functions. That is not a radical departure; indeed, it aligns precisely with the language used in the English Devolution and Community Empowerment Bill and reflects the Health and Social Care Act 2012 duty on the NHS to reduce health inequalities. It simply asks that the same commitment be applied to planning—one of the most powerful levers for shaping the health of our nation.

Amendment 247A, tabled by my noble friend Lord Moynihan, would add a valuable and practical dimension for allowing Sport England to make representations to the Secretary of State on how this duty is being met. That is a sensible suggestion, recognising the importance of physical activity and access to sport in promoting both physical and mental health.

Amendment 248 would provide clear definitions, ensuring that “health inequalities” and “general health determinants” are well understood and that this duty is not left to vague interpretation. The drafting captures what we all know to be true: the state of health is shaped as much by housing, transport, safety, employment and access to services as by anything that happens in the health service itself.

A modern planning system must support not only economic growth but social resilience and public health. The pandemic reminded us just how closely our built environment is linked to physical and mental well-being. If we want truly sustainable communities, health must be a core planning outcome, not an afterthought. I therefore urge the Minister to look sympathetically at these amendments.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- View Speech - Hansard - - - Excerpts

My Lords, the National Planning Policy Framework is clear that planning policies and the decisions that stem from them should aim to achieve healthy, inclusive and safe places. That would enable and support healthy lives by both promoting good health and preventing ill health, especially where that would address identified local health and well-being needs and reduce health inequalities between the most and the least deprived communities.

Turning to Amendments 247 and 248, I recognise that improving the health of our communities is a matter that the noble Lord, Lord Crisp, cares deeply about; he has been a great advocate for many years on this topic. We agree with him that health improvement and the reduction of health inequalities is an important matter in which our planning system should play a vital role.

However, we do not believe that his amendments are necessary. Ministers and other public bodies are already subject to requirements under the Equality Act 2010 to have due regard, when carrying out their functions, to the need to advance the equality of opportunity, to eliminate discrimination and to foster good relations between people with protected characteristics. That will, where relevant, include taking into account potential differential impacts in terms of health and well-being. While the noble Lord’s amendment would extend even more widely in relation to Ministers’ planning functions, the importance of these matters is both recognised and addressed through the National Planning Policy Framework, which places a strong emphasis on health. Indeed, the importance of healthy communities is recognised in a dedicated chapter.

The framework sets out that planning policies and decisions should achieve those healthy, inclusive and safe places, which promote social interaction and enable healthy lives, promoting good health and preventing ill health, especially where this would address those local health inequalities. The framework recognises the importance of open space and sport and recreation facilities in enabling physical activity and the health and well-being of local communities. It is clear that local planning should seek to meet the identified need for these spaces and facilities and seek opportunities for new provision. Further considerations on healthy and safe communities are set out in planning practice guidance, which supports the implementation of the NPPF in practice.

Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025

Lord Jamieson Excerpts
Thursday 30th October 2025

(1 month, 2 weeks ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Pinnock Portrait Baroness Pinnock (LD)
- Hansard - - - Excerpts

My Lords, I tabled a regret Motion on this statutory instrument well before the Planning and Infrastructure Bill, now making its way through your Lordships’ House, had even had its Second Reading. Many of the issues I am still concerned with in this order have been debated during the progress of the Bill.

However, I make no apology for once again making the case for community involvement in developments that affect their locality. The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 fundamentally alters the planning landscape in England. While this instrument appears to be merely procedural, it is in fact a key mechanism for cementing a significant power grab that threatens local accountability and transparency.

The SI we are debating is one of three other statutory instruments that implement the new routes for Crown development, which, to be fair to the Government, were introduced by the Levelling Up and Regeneration Act. During the debate on the Levelling Up and Regeneration Bill, I argued that there had to be community involvement in planning applications, in particular those on behalf of the Crown. Unfortunately, what this statutory instrument does is put central expediency over local democracy and due process in regard to Crown planning applications.

To give a bit of an example, the central purpose of this route for Crown development is to allow government departments—the “appropriate authority”—to apply directly to the Secretary of State for planning permission, bypassing the local planning authority entirely. The rationale provided by the department is that

“Government departments have faced challenges securing planning permission”

through the local planning authority route. This has resulted in delayed decisions for

“nationally important planned projects such as prisons or defence facilities”.

My argument is simple: challenges are the bedrock of a vibrant democracy and, in particular for planning, a vibrant local democracy. When a local planning authority scrutinises a development, it is ensuring that the project is in line with community needs and environmental standards, as well as the national need. By shifting the power of determination from local authority to the Planning Inspectorate, which acts on behalf of the Secretary of State, the local checks and balances are being sacrificed for the sake of speed of decision.

One of the most startling issues I noticed in the Explanatory Memorandum for this SI is that there has been no public consultation on the instrument. The department claims this is due to the “technical nature” of the SI. Yet this technical instrument results in a major policy shift, affecting potentially every community in England.

While the statutory instrument sets out procedures for standard Crown development, the legislative package also covers urgent Crown development. For this, the department has indicated that the need for community engagement will be assessed on a case by case basis, meaning that the Secretary of State appears to have it almost entirely in their discretion whether local engagement is needed at all. If they have this discretion, obviously it puts in peril the public’s right to engage with nationally important projects that could drastically alter their neighbourhood.

The entire system hinges on the concept of a development being defined as “of national importance”. The statutory instrument uses the words “Crown development”. So can the Minister provide an explanation of what is defined as Crown development? Is it any development, whatever size is applied for, that takes place on Crown land?

Article 5 of the instrument allows for the Secretary of State to direct that information related to an application can also be defined as “sensitive information”. If the Secretary of State deems that information relates to national security or security measures and its public disclosure would be contrary to the national interest, the provisions requiring public disclosure will not apply. I can accept that sometimes this is the case. However, in the modern world, nothing is secret and nothing stays away from the public gaze. While sensitive projects may require limited disclosure, this provision actually provides a broad mechanism for withholding crucial information from the public under the umbrella of national interest.

The Government propose that this package of reforms will bring benefits to the public sector, enabling faster planning decisions and potential cost savings to capital programmes—but at what cost? This statutory instrument and the supporting ones undermine the very principles of local planning. They centralise power, sidestep public consultation, rely on vague criteria and restrict transparency. We are being asked to accept an instrument that accelerates government projects by silencing local voices.

I urge the Minister to consider the long-term impact on local governance and planning democracy, as I have done throughout the passage of the Planning and Infrastructure Bill, and to consider enabling communities to have their voice heard before the process is concluded. You can guarantee that local voices will be raised at some point. How much better that those voices are heard during deliberations on a planning application on Crown land, and not after the deal is done? I beg to move.

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, I declare my interest as a councillor in central Bedfordshire. We on this side of the House believe in local democracy. It is why I proposed an amendment to the Planning and Infrastructure Bill that would ensure local democracy where there are valid planning grounds, and why I was pleased that my noble friend Lord Lansley’s amendment on ensuring affirmative procedures for delegated planning powers was passed.

However, there is a need for balance. Today, we are seeing a government programme for the early release of prisoners. While this is, in large part, due to a failure to manage the prison population and deport foreign-born criminals, the lack of prison capacity is a factor. Importantly, the lack of prison space hampers prison rehabilitation—a matter that I know the Prisons Minister, the noble Lord, Lord Timpson, is much vexed about. As my noble friend Lady Bloomfield of Hinton Waldrist raised last night, the huge impact that the delays to and additional costs of the UK nuclear programme is having on the cost of energy is a major issue for struggling families and industry. It is therefore right to have a balanced approach.

Section 109 of the previous Conservative Government’s Levelling-up and Regeneration Act added two new sections to the Town and Country Planning Act, creating new routes for Crown development. These provisions allow for an appropriate authority to apply to the Secretary of State for planning permissions, rather than the local planning authority. The intention behind this change was clear: to prevent delay or obstruction to vital national development, such as prisons.

As I have said, we are sympathetic to the concerns raised by the noble Baroness, Lady Pinnock, but these powers are proportionate and balanced. It is our understanding that the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 concerns development applications on Crown land that are deemed to be of national importance. The instrument sets out the procedure for such Crown development applications, including applications for planning permissions and approval for reserved matters. Crown development refers to applications made by the Crown bodies for development of national importance.

As so often in matters like these, the key issue is balance between local voice and national need, and between the principle of localism and the imperative to deliver key national infrastructure efficiently. We stand by the intentions of the Levelling-up and Regeneration Act, which expands local voices in the round, taking them seriously by strengthening the role of local plans, creating new opportunities for communities to shape development in their areas and ensuring that decision-making is rooted closer to the people it affects. The Act sought to make planning more transparent, more accountable and more responsive to local priorities. It was never about sidelining local democracy but about creating a system capable of delivering both local consent and national progress.

The provisions on Crown development sit within that broader context. They are not a retreat from localism but a recognition that, on occasion, public interest requires a more streamlined route for developments of genuine national importance. As ever, the challenge is to strike the right balance, to protect local accountability while ensuring that the machinery of state can deliver where delay would carry a wider national cost. That principle underpins this instrument and the Levelling-up and Regeneration Act itself. It is right that we reaffirm it today.

Baroness Taylor of Stevenage Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
- View Speech - Hansard - - - Excerpts

My Lords, perhaps it is due to the many hours we have spent in the Chamber debating the Planning and Infrastructure Bill, but I agree with what the noble Lord, Lord Jamieson, just said.

I thank the noble Baroness, Lady Pinnock, for bringing this debate, and I thank her and the noble Lord for their contributions. I must admit that I was a bit surprised to see the noble Baroness’s regret Motion on the agenda, as she herself had requested—through her Amendment 87E to the Planning and Infrastructure Bill—a streamlined planning process for asylum processing sites. However, she has explained that her regret Motion was tabled before we started debating that Bill.

In May, we brought forward the regulations subject to this debate, along with a wider suite of regulations to bring both Crown development and urgent Crown development routes into force. These are the Crown development route for developments that are considered of national importance and the urgent Crown development route for a nationally important development that is needed as a matter of urgency. Some noble Lords in attendance today will remember when we debated these regulations earlier this year. As I said then, these routes are crucial to ensure that there is a more timely and proportionate planning process for nationally important public services and infrastructure that the state directly delivers; for instance, new defence facilities, prisons and border control—issues that we debated in this House a very short time ago and which are essential for the effective running of this country.

Recent experience, including the response to Covid, exposed that the existing route for securing planning permission for urgent Crown development, which was introduced in 2006, was not fit for purpose. In fact, it had never been used. Further, government departments have historically struggled to secure local planning permission for some nationally important public service infrastructure, such as prisons.

Baroness Grender Portrait Baroness Grender (LD)
- View Speech - Hansard - - - Excerpts

My Lords, I rise to address Amendments 115 and 116, introduced with such eloquence by the noble Baronesses, Lady Willis of Summertown, Lady Young and Lady Bennett. These amendments attempt to reinforce safeguards within our planning system on a very strategic level. They are precise and would embed formal compliance with the Conservation of Habitats and Species Regulations 2017, and they go directly to the preparation of local plans and spatial development strategies. They would ensure that environmental due diligence is not left until the late stages, when it is most vulnerable to oversight or to legal challenge—an aspect of the Bill that makes us very nervous.

Amendment 115 would oblige local planning authorities to conduct strategic environmental impact assessments for every site considered for development during plan making, and it would require that the plan’s compliance with habitats regulations be established from the beginning. This would ensure the first step of something close to our hearts in this Chamber, and which I hope we will discuss later in considering other groups: the all-important mitigation hierarchy. Avoidance of harm to sensitive habitats in advance would be actively enforced before development locations are finalised. The current system’s reliance on site-by-site reactive checks too often leaves nature protection exposed to the risk of retrospective fix or reactive compensation.

Amendment 116 would extend this by compelling authorities to guarantee habitat regulation compliance at the highest strategic levels. Both amendments would make environmental improvement an explicit statutory purpose within planning, a principle that aligns tightly with our belief on these Benches that operational planning must be future-facing and nature-positive, rather than solely a mechanism to accommodate growth. Their adoption would help steer development to appropriate places, supporting broader non-negotiable national goals to halt and reverse nature decline by 2030 and double nature by 2050. I very much look forward to hearing the Minister’s response to both amendments.

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, I would like to convey from this side of the House our hopes for the swift recovery of the noble Baroness, Lady Hayman.

As I raised in Committee, spatial development strategies and local plans should be the strategic documents that map out development in an area. This could be the stage where all the complex issues and trade-offs can be addressed to deliver the housing, commercial infrastructure and community facilities that we need, while also addressing the environmental impact and other issues. As such, there is a strong argument that these should include the Conservation of Habitats and Species Regulation and strategic impact assessments, as well as many other regulations that must often now be carried out on a site-by-site basis.

It would also be an alternative, as I believe the noble Baroness, Lady Grender, mentioned, to the Government’s proposed EDPs. This, if done correctly with the appropriate legislation, regulation and powers given to those local plans and local authorities, could deliver both better outcomes for the environment and a faster, simpler planning system, particularly had some of our previous amendments been included—for instance, my noble friend Lord Banner’s amendment on proportionality. As the noble Baroness, Lady Willis of Summertown, pointed out, this could facilitate at an earlier stage a focus on areas and sites more appropriate for development. For landowners and developers, it could reduce the cost and speed up the process.

We support the intentions of these amendments, however—unfortunately, there is a however—the amendment as laid out does not address the key second part: ensuring that developments in line with an approved spatial development strategy or local plan satisfy the requirements of the Conservation of Habitats and Species Regulations, with no further need for environmental impact assessments on a site-by-site basis. To address this latter part would require substantial additions to the Bill, which are not being proposed. As such, these amendments risk adding stages and processes while still needing to substantially repeat these subsequently on a site-by-site basis, with that additional burden adding delays to the planning process and further costs for no particular benefit. For those reasons, while we support the intentions, we cannot support these amendments.

I should also like to take this opportunity, as we are discussing habitats regulations, to ask whether the Government still intend to block the development of tens of thousands of much needed homes by giving force to the habitats regulation in Clause 90 to Ramsar sites.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
- View Speech - Hansard - - - Excerpts

I thank all noble Lords who have participated in this debate. Amendment 115, tabled by the noble Baroness, Lady Willis of Summertown, seeks to ensure that local plans comply with the Conservation of Habitats and Species Regulations 2017, and that an authority which prepares a local plan carries out a full environmental impact assessment for all sites designated as suitable for development in that plan.

I hope I can deal with these matters quickly and reassure the noble Baroness that local planning authorities are already required to undertake habitats regulations assessments where there is the potential for impact on a site or species protected under the regulations. Additionally, local plans need to undertake strategic environmental assessment, which will form part of the local plan that is consulted on and then considered for adoption. The noble Baroness’s amendment would go further and would require not only a strategic environmental assessment of the plan, but project-level environmental impact assessments of sites designated as suitable for development under the plan.

As I mentioned in Committee, this would require a depth of information about a specific development proposal that simply would not be available at the plan-making stage, and it is adequately captured by any development that comes forward, which meets the threshold for requiring this further assessment. I hope this provides the necessary reassurance, and I hope the noble Baroness will feel able to withdraw her amendment.

Turning to Amendment 116, the noble Baroness has rightly highlighted an important matter regarding the application of habitats regulations to the preparation of spatial development strategies. However, I reassure her that the amendment she proposes is unnecessary. Paragraph 12 of Schedule 3 to the Bill already ensures that the requirements of the habitats regulations are applied to spatial development strategies. This provision obliges strategic planning authorities to undertake habitats regulations assessments where appropriate.

The noble Baroness’s amendment seeks to mandate habitats regulations assessments for specific site allocations within spatial development strategies, but the Bill explicitly prohibits such allocations. As a result, strategic planning authorities will not be in a position to carry out site-specific habitats regulations assessments during the preparation of SDSs. Such assessments, if required, would need to be conducted at a later stage in the planning process, even if this amendment was accepted by the House.

I shall answer a couple of the questions asked. My noble friend Lady Young asked about the land use framework. This is being actively worked on by Defra and is due for publication next year. The noble Lord, Lord Jamieson, asked about Ramsar. We shall have a debate about that later in the course of the Bill, so I am sure he will have his questions answered at that point. Given those clarifications, I hope the noble Baroness will consider not pressing her amendments.

--- Later in debate ---
Lord Inglewood Portrait Lord Inglewood (CB)
- View Speech - Hansard - - - Excerpts

My Lords, I support the noble Baroness, Lady Neville-Rolfe, and, by extension, the noble Lord, Lord Deben. I was for six years the chairman of a local enterprise partnership. It is often overlooked that the prosperity of the parts of this country that are having greatest difficulties can be majorly improved by enabling SMEs to take forward their projects. As has been said, the rules are the rules for everyone. It is much easier for big enterprises, which have large head offices and all the rest of it, to deal with the very considerable amount of administrative and other paperwork that is increasingly a part of the planning process. That in turn makes it discriminatory. We should not allow that discrimination. The kind of impact that major projects have on a place is very often qualitatively different from the impact that smaller, much more minor and modest proposals will have.

The underlying point behind the amendment from the noble Baroness, Lady Neville-Rolfe, is a very good one, because we are favouring the big boys over the small boys. I come from a part of England that is a long way from many centres of population; there is a very real concern that, increasingly, with the way the local economy is going—thanks to the activities of venture capital and large companies, for example—the profits that may be made from activities in these areas are being expatriated to other parts of the globe, or certainly to more prosperous parts of our country. It is an essential component of balancing the interests of the various parties engaged in these things that we look very carefully at the way in which the administration of the system is carried out, to make sure that the small man gets a fair crack of the whip. It is as simple as that.

As I have been listening to the debate on this and other parts of this Bill, I have remembered the words of Robert Burton in The Anatomy of Melancholy, a now almost unread book from the 17th century. He said: “Are not men mad to write such stuff who intend to make others so?”

Lord Jamieson Portrait Lord Jamieson (Con)
- View Speech - Hansard - -

My Lords, in Committee we were sympathetic to the intentions of the amendment from the noble Lord, Lord Foster of Bath. The Government should consider this carefully. We have heard some powerful speeches on it that I will not repeat. I will go back on just one point that the noble Lord raised. A few weeks ago, the Government reassured the House from the Dispatch Box that cumulative impact assessments for gambling licensing would be considered when parliamentary time allows. We will hold them to account on this promise. Will the Minister give the House a timescale for it?

I support my noble friend Lady Neville-Rolfe’s amendments to support small and medium-sized businesses. As we have raised elsewhere, the planning process is overly bureaucratic and time consuming, and I share the sentiments of the noble Lord, Lord Inglewood, that 12 months is frequently a very short time. This places a significant financial and resource burden on applicants, which falls particularly hard on smaller businesses that do not have the resources and expertise of larger enterprises.

As we debated previously on Report, the cost per property of the planning process can be significantly higher for smaller developments. It is right that planning authorities should have regard to this, and I ask the Minister what the Government will do to ensure that this burden is lowered, particularly for SMEs. Supporting SMEs is one of the most effective ways to inject greater competition and diversity into the sector and, ultimately, to strengthen the wider economy. Therefore, we will support my noble friend’s amendments should she choose to test the opinion of the House.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
- Hansard - - - Excerpts

Before the noble Lord sits down, I would be enormously grateful if he would make it clear to the House what his position is on Amendment 117. He said that he will hold the Government to account but wants to know what the timescale is. Well, the timescale is a couple of minutes, if we have a vote on this. Will he just explain where he stands, bearing in mind that noble Lords behind him have made very clear their intention to support this amendment?

Lord Jamieson Portrait Lord Jamieson (Con)
- Hansard - -

I believe I have made our position very clear, and we will hold the Government to account.

Lord Deben Portrait Lord Deben (Con)
- Hansard - - - Excerpts

Before he sits down, will my noble friend accept that he has not made the position clear? The Benches behind want to know why we are not supporting this but merely giving the Government yet another chance to get off the hook. Can we not be a bit tough and actually do what we are here for—to oppose them when they have got it wrong?