Planning and Infrastructure Bill

Lord Lucas Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Lord Lucas (Con)]

My Lords, it is a pleasure to follow the noble Lord, Lord Whitty, whose wisdom and company I enjoyed during my time on the environment committee. I am a supporter of the Bill, by and large. I am delighted to see that the policy is shifting towards “We want more bats” and away from “No bat must be inconvenienced”, but as the noble Lord, Lord Whitty, said, bats are not the problem when it comes to planning. As Members of an organisation that can spend enough money to build 50 houses on a pair of front doors that do not work, we should realise that.

I hope to use Committee to encourage the Government to take some of their ideas further. There is obvious scope for allowing trusted partners to work alongside the Government to achieve what they are hoping to do with environmental delivery plans. Many farmers’ groups are in a position to work on that sort of initiative. To rule them out, as the Bill does currently, is missing an opportunity.

What the Government are doing in throwing into doubt the whole structure of biodiversity net gain is a mistake. In biodiversity net gain, people are asked to commit for 30 years. It was a policy which evolved with support across the House, and now this Government, after merely 30 months of the policy, are throwing everything into doubt. Those people who had got themselves organised to be part of that system are wondering whether they made a huge mistake, and by the time the Government get around to sorting their ideas out, those people will have lost confidence. The Government really need to understand that having trusted partners in the private sector to deliver what they want is a plus, and they need to put themselves into a position where those partners can believe that the Government—and any Government that follow—will support them through the long-term commitments which this Government and the previous Government were expecting to be made.

I hope to persuade the Government to accelerate their work on biodiversity data. We have a very rich and capable set of players in this country, with the local environment record centres and a lot of amateur effort. But a lot of biodiversity data that is created through the planning system is not captured. A lot of planning applications go through without using the data we have. We need a better structure that is better thought through. I know the Government are working on those things internally. I hope to see that brought forward into this Bill, rather than left for some future occasion.

I really hope I will be able to persuade the Government to take an interest in those measures which would allow more use to be made of the settlements we already have. I had a Private Member’s Bill on permitted development rights, but we should also look at measures like land readjustment schemes, the London system of public transport accessibility zones, and the use of design codes to make it easy for developers to know what will be permitted, rather than leaving the whole question of design to be an uncertainty and a rather individual and personal decision at the end of things.

We should pick up on an aspect of the Government’s industrial strategy, where in various areas they are supporting the use of digital twins. There is a great deal that could be done in planning, which does not appear to be specifically part of the industrial strategy, to reduce costs, enable collaboration and enable imagination when it comes to what the layout of a new town should be and look like. The AI-assisted capability that is embedded in some of the British products that underlie this are tools that the Government should be seeking to support.

I will try to persuade them to make livestock markets and abattoirs critical national infrastructure. We need to sort things out: we are causing a great deal of cruelty to animals by not renewing our structure. Animals are having to travel very long distances to their deaths, and we can do better than that.

I will recommend a duty of candour for planning officers to go with Clause 50, so that they feel absolutely confident in telling members exactly what is, rather than feeling that they can in some way be criticised, and therefore giving them a duty to support their views.

I will urge the Government to redefine what a newspaper is. It was set out in 1881. Things have moved on, and if we are to have Clause 98 with duties to put notices in newspapers, it ought to recognise the modern world.

Echoing the national security strategy and our need to fight on home soil, I will draw the Government’s attention to the fact that we may not have termites here now but look at what is happening in France.

Birmingham City Council

Lord Lucas Excerpts

Tuesday 1st April 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend for his question. Like many noble Lords in this House, he has direct experience of leading a council, so he has felt the pain of funding cuts, as have all of us who have been in that position. We have made some changes to the local government funding formula this year to make sure that funding goes where it is needed most, instead of following a historical pattern of allocations. We will make further changes to that. As noble Lords will be aware, we are going into the spending review process now, which is why we could issue only one-year settlements, but we will provide multiyear funding settlements, which will make a difference to the stability for local government funding and make sure that the greater quantum of funding goes to the areas where it is most needed, of which Birmingham is certainly one.

[Lord Lucas (Con)]

My Lords, I am very pleased to hear what the Minister said about restoring audit, because the best value commissioners’ report is an astonishing catalogue of failures in governance and culture—deep rooted, long term and all pervasive. What systems does the Minister envisage to allow the new unitaries that the Government are creating to start out with strong cultures and governance, rather than fall into the despairing place that Birmingham finds itself?

[Baroness Taylor of Stevenage (Lab)]

I described my commitment to audit in an answer to an earlier question. Audit is part of that, and so is the collaboration that local government is now pulling together to drive the route towards these new unitary authorities, which will serve them well as they go through the process. We absolutely have to make sure that audit function is in place and sound, because that is the public’s reassurance that their council is not only financially stable but making good use of public money. That is why it should be considered as part of the English devolution Bill.

Plan for Neighbourhoods

Lord Lucas Excerpts

Monday 10th March 2025 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I have already spoken about our three main objectives and what we want to do, but it is ultimately up to the local people to decide what they want to do. It is not mutually exclusive for local people to decide areas of improvement in their local communities which are not in our missions. The whole idea is to drive growth, to have safer streets and to have neighbourhoods that people take pride in. That is the focus of this announcement: to ensure that people can feel pride in their area but can also take control and decide for their future.

[Lord Lucas (Con)]

My Lords, I like the idea of the structure very much, as I did with the previous Government, but how do this Government propose that local people will hold the boards accountable for the choices that the boards make? As the noble Baroness, Lady Pinnock, said, there is great potential for all the money to disappear into the local swimming pool because that is what the councillor on the board likes. Is a structure being produced that will allow local people to influence the board’s decisions?

[Lord Khan of Burnley (Lab)]

To reiterate a point I have made before, local authorities are part of the whole process. They will work with central government and my department in particular to have regular, continuous monitoring of how the work is going. That is how we will communicate, but local authorities are heading part of this and they are signing off the board.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

My Lords, I cannot pre-empt what local authorities and local neighbourhoods will want to do in their particular areas. The whole idea behind the exercise is to give more power to local people. However, on the point that the noble Baroness is alluding to, there will be a plan called the regeneration plan, which will be submitted to central government. More guidance and a framework will come out on this. The regeneration plan will set out the board’s vision for the next decade, alongside a more detailed investment plan for the first four years of the programme. The submission window for regeneration plans will open in spring 2025 and close in winter 2025. Further details as to the content, form and submission timetable for the plans will be set out in the forthcoming guidance.

We know that places have worked hard to engage their communities and develop their long-term plans for the previous Administration’s long-term plan for towns. That progress is not for nothing and should not be undone, nor should places undo their governance arrangements. Communities should feel empowered to build and adapt their existing plans. Our reforms seek to build on and improve the previous programme with a new set of strategic objectives aligned to this Government’s plan to kick-start growth to be delivered by a broader range of policy interventions.

[Lord Lucas (Con)]

My Lords, in my area, Eastbourne, the process of going unitary will mean that Eastbourne Borough Council is abolished, and we currently have no town council. Which council will be involved with our neighbourhood fund? Will it be the East Sussex unitary council or some new council created in place of Eastbourne Borough Council?

Permitted Development Rights (Extension) Bill [HL]

Lord Lucas Excerpts

2nd reading
Friday 7th February 2025 Lords Chamber

Moved by

[Lord Lucas]

That the Bill be now read a second time.

[Lord Lucas (Con)]

My Lords, the Government are bringing forward some excellent proposals to get us more housing, which we really need. I am in favour of a focus on new estates, new towns and building out near railway stations, and I very much hope that we will see those ambitions realised soon. However, today I will focus on the promotion of gentle density, connectivity and community within existing towns as a way of contributing to dealing with the housing shortage.

A good deal of housing in existing settlements is low density and in developments that were put together in the belief that everyone would go everywhere by car, because the car was the future. There is a lot to gain in our current world from allowing such settlements to become denser.

Shops, schools, doctor’s surgeries, pubs and community centres all require a minimum number of users to flourish. If those users are within a small enough range, those facilities can be accessed on foot or by public transport. If they are more spread out, you get a community which is entirely dependent on the car, which is quite isolating: you go from one place to another without interacting in between; it is not a great builder of communities. Also, if we are densifying a town, we are generally talking about employing small builders who get cut out of the bigger developments by the well-organised big housebuilders. However, if you are working within a town in complicated little ways, that space is ideally suited to helping our smaller building firms flourish.

It is natural for people living in a house to want to enlarge it. People want to stay in an area for the jobs, schools, family and community to which they are connected. They could move, but then they would have stamp duty and moving costs—always things to want to avoid—and, anyway, there may not be a house available to which they would like to move. Extending is good for us all, because if we all extend our houses, we will need to build fewer houses. Adding a bedroom so an adult child can stay at home rather than sharing a two-bedroom flat, reduces the need for new housing by half a house. Extending can also help young people to get on the housing ladder, because they can live at home for longer and save for a deposit. That is especially important in London and the south-east, but increasingly important everywhere. If people can afford to make their house larger and would find that a desirable thing to do, why would we prefer them to go on an expensive, long-haul holiday abroad, rather than employing people here and creating an asset for themselves and for the nation as a whole?

How do we do this? This Bill takes a shy at that. Given that we are expecting a government planning Bill, I will not try to focus on perfection or on improving what is already in my Bill. The Delegated Powers and Regulatory Reform Committee has raised some very cogent objections to it, but since I shall not push to take my Bill any further, I hope rather that these points will help inform the Government’s own deliberations as to what to put in their Bill.

The Bill seeks to make best and optimal use of land, and to minimise the circumstances in which a capricious or arbitrary refusal of densification can be made. It builds on existing planning arrangements, expanding the presumption in favour. However, it intends to have safeguards to prevent the destruction of the street scene where there are design codes or where change would create visual disharmony; to avoid overdevelopment; and to respect conservation imperatives. There will be rules to be obeyed under this Bill, but not rules that are silly or hard to comply with; I want to see us build quality and beauty, but to get on and build.

The Bill allows for the preservation of private rights, but also provides help in navigating them. If we are to rely on people doing more of their own development, we must help them navigate this tortuous area of competing private rights and property, and it would be an easy thing for a well set-up planning authority to be helpful with.

I have also suggested that we should put our foot forward more in building in flood zones. A lot of our existing communities are flood liable, but if we are to allow people to expand their houses, we can reasonably say that they must make them flood-proof, so that we get some of our flood prevention done as a result of allowing people to extend.

Beyond that, I would like to see it made much easier for people to make use of roof spaces; to have full-height extensions to the side and rear to make a house larger; to be able to put a single-storey extension in the garden; to put extra floors on bungalows; and, within the centres of towns, to go up to four storeys without question.

Good communities on the continent, in places such as Holland and Belgium, are dense, but it is a very comfortable, community-orientated, good-to-live-in density. That is where I would like to see us being allowed to head. In addition, I propose that we should make it easier for householders to make their own contributions towards net zero. It should be easier to put in heat pumps and solar heating or electricity. We know that we want to do it. It is an efficient process when it is done at the individual house level, because you connect the source of power and its user intimately, without needing a lot of infrastructure beyond that.

This is not an easy area to get right. There are many contending issues. I very much look forward to the Government’s planning Bill and hope that they will prove more adventurous and better at drafting than I have been. I hope to see a system that will give real impetus to the process of densification. I would like to see planning authorities with clarity of rules, speed of action and maybe some cumulative economic test. Yes, there are lots of conditions that planning authorities may impose but if, together, their costs make a change uneconomic, it has gone too far. The planning authority must choose what it wants to add as a requirement. It cannot just go overboard and throw everything in. I beg to move.

--- Later in debate ---

[Lord Lucas (Con)]

My Lords, I am very grateful to all who have spoken, in particular my noble friend Lady Coffey. It is nice to have some support from somewhere other than the Front Benches. She raised some important matters around what kind of flooding we have to deal with, adaptation for disability and, indeed, the importance of small reservoirs. Letting people do individual things, to make individual benefits to contribute to the whole, is really the substance of this Bill.

Let us not have to do everything in big lumps. Let us solve the problem by everyone doing their bit. Allowing more people to do their bit is the burden of what I have put forward in this Bill. I accept the criticism from the Government that it would be better done through secondary legislation and through being consulted on. I very much hope that this is a direction that the Government will feel inclined to take in due course, and I very much look forward to the Government’s Bills when they come through.

Bill read a second time and committed to a Committee of the Whole House.

House adjourned at 1.53 pm.

Devon and Torbay Combined County Authority Regulations 2024

Lord Lucas Excerpts

Monday 27th January 2025 Grand Committee

[Baroness Pinnock (LD)]

My Lords, I remind the Committee of my relevant interests as a councillor on Kirklees Council in West Yorkshire and as a vice-president of the Local Government Association.

These four statutory instruments are politically and historically interesting. First, they recreate in whole or in part the historic counties of Devon, Lancashire, Lincolnshire and the East Riding of Yorkshire. That is a positive change. It is another reversal of Thatcherite policy, which, in this instance, abolished county councils. Strategic planning and provision of such key local services as public transport, housing and economic development can be much better made across a larger geography. That change is therefore welcome. However, I am not letting the Minister off the hook that easily. I have a number of questions applicable to each of the relevant instruments.

First, on governance, can the Minister confirm that meetings of either the mayoral or the combined county authorities will be held in public and that scrutiny committees are a requirement, with powers for pre-decision scrutiny and to call any decision that is challenged under the relevant procedural rules?

The Devon and Torbay Combined County Authority combines two very unequal—in both population and geography—partners. Can the Minister say whether that disparity has been considered and whether any issues have been raised in the wider county on this point in the consultation, the details of which I obviously have not seen? I ask this because there will be inequality of representation on the authority from these very unequal parts, and I wonder whether that will result in a bit of friction when it comes to making difficult decisions.

I note at this point that, because of the efforts made during the passage of the then levelling-up Bill by the Minister, her team and me, district councils will have representation on the combined authorities by law. That was a very important change to the Bill.

I move on to the Hull and East Riding Mayoral Combined Authority. There will be a mayor from May this year; we will see how that pans out. I recognise the appeal to the Government of having a single person elected to lead a combined authority. However, I and my colleagues are not convinced that, from the residents’ standpoint, this is a positive move. Mayors will be tolerated—this is my experience; I live in a mayoral authority—while there is no mayoral precept and while they are basically determining the details of delegated powers and funding from government. However, when either of those things changes—if there is a mayoral precept of a considerable amount or when there are difficult decisions to be made on funding allocation, which I anticipate will come with bus franchising—I anticipate greater concern from residents that their voice is not being heard.

For instance, in the Hull and East Riding Mayoral Combined Authority area, which I know better, I can easily see that, with the rural parts of East Riding and the very urban area of Hull City Council, it could be difficult to make decisions on allocating funding under the bus franchising legislation, which I hope will be passed. Trouble is coming down the track, I think.

The Greater Lincolnshire Combined County Authority recreates the historic county of Lincolnshire, which is positive. It combines the seven district councils of the current county council, plus the two unitaries of North Lincs and North East Lincs. The issue I want to raise concerns transport funding. In this statutory instrument, the constituent authorities remain the highways authorities but central funding goes directly to the mayor, who then has the responsibility of cascading the funding to each of the three existing highways authorities. Can the Minister describe how fair allocation can be assured and whether using this mechanism will add to bureaucracy by adding yet another layer of governance?

The Lancashire Combined County Authority will, as we know, consist of the existing county council, the unitaries of Blackpool and Blackburn and Darwen, plus the 12 existing district councils of the current county council. We have had the devolution White Paper. If its proposals are accepted—I hope that there will be some challenge to them—this will result in the demise of district councils. For Lancashire and Lincolnshire, this would result in another wholesale local government reorganisation within a short period, with the added confusion that accompanies such structural change. Those of us who are involved understand what might happen; residents will not. Have the Government considered these two separate reorganisations and how they will be managed without causing confusion and additional costs?

As I said at the outset, this is the right move for strategic decision-making. However, I look forward to the answers to my queries from the Minister.

[Lord Lucas (Con)]

My Lords, I am grateful for the Minister’s exposition of these SIs. I completely understand why we are moving in this direction: greater efficiency and effectiveness. I very much hope that the Government can, as this process moves on, increase the level of effective devolution and perhaps even give some real independence over revenue to these authorities so that they can develop their full potential.

In addition, when we reach Committee on the hereditary Peers Bill, I will propose that, rather than hereditary Peers being the eligible candidates in by-elections, it should be people nominated by these new authorities and their mayors. We can use the existing mechanisms that we have to start to introduce a measure of regional representation into the House. I hope that the Government will have their imaginative hat on when we come to that. The mechanism is in place; let us use it to move in a direction that many of us would like to go in and to take at least a small step.

I am a resident of East Sussex, which is one of the candidates for the next round of this measure. I note that the local proposals involve a mayor for the whole of Sussex, thereby recreating not the original county council but the original kingdom of Sussex—perhaps we might have a prince rather than a mayor. What concerns me most is how the towns and communities in these new unitaries will come to cherish, assert and grow their own identities. I very much hope that I can persuade the Minister to circulate widely to all the councils that are candidates for this, as well as their constituent parts, examples of how communities flourish in unitaries, including what structures and relationships make that happen well.

The process of transition from “a county plus districts” to a unitary system will be hugely time-absorbing for the councils involved. They will have no space in their heads to do anything other than make that work well. The constituent communities underneath that need to understand how to play their part and how best to organise themselves so that they have a real role to play in what comes afterwards.

Looking in particular at East Sussex, along the seaside, we have Rye, Hastings, St Leonards, Bexhill, Pevensey, Eastbourne, Seaford and Newhaven. They are all immensely different places. Each has its own identity and its own way of doing things. In the interior, you have towns such as Lewes, which are really different, as well as ordinary country towns such as Uckfield and Heathfield. There is a huge variety of different communities within what will be one unitary: different histories, different spirits.

Homes: Existing Communities

Lord Lucas Excerpts

Thursday 12th December 2024 Grand Committee

[Lord Lucas (Con)]

My Lords, when I listened to the Government’s announcement this morning, I was hoping to hear much more courage than I did. As my noble friend Lord Wolfson of Aspley Guise points out, courage and change are what is needed here. We know that the current situation will not do. The longer it persists, the more damage it does. Reversing out of it is a big thing: it will have big consequences, and it will need some big thinking to do it right. I really hope that this Government discover their mojo on that.

As my noble friend said, artificial scarcity over a long period has created house prices that are out of people’s reach. It is not resulting in good patterns of community building. It is not resulting in beautiful buildings. All sorts of things are going wrong. We need a different way of facing. I am attracted by what the noble Lord, Lord Best, suggested as one of the ways out of this: development corporations could help take existing communities onwards and also build new towns.

We have different requirements of towns these days. We want them to support a really good public transport network; we do not want them to be car dependent. A lot of that comes into how we want communities to evolve. Where we have villages, we want them to have sufficient houses so that they can support the local services they need. However, when it comes to towns, they need to be big enough too: they need to support good medical facilities, good sixth forms and other services. There are lots of things that should go into deciding what we want our communities to look like; we then need to find a way of expressing that, through the planning system, in what gets done.

I think that the concept of the green belt has had its day. What we want is communities with embedded green space so that people find green space and nature on their doorstep, something that is easy to access and part of their everyday life. What we want outside towns is spaces that we dedicate to nature, places that are preserved but are accessible by a bus route so that people can get out there to see something and enjoy it, but which are frozen so that we can look after nature in them and are part of the funding system to do with where people live so that they are not cast out on their own, dependent for ever on handouts from Defra or whoever, and are part of the integral economy of the urban centres. We need to rethink the concept of green space completely.

We also need to look at the regulations that we have imposed on existing communities. We can afford to let these places get denser. By using permitted development rights allow people to extend the houses they have, use the spaces between houses and add another floor or two. A bit of variety never spoiled a streetscape unless it was designed like the Royal Crescent in Bath which you might want to preserve. Most places can take variety. I have a Private Member’s Bill on this subject coming in the new year, and I very much hope the Government will support it. Beyond anything else, I am with my noble friend Lord Godson: we want beauty because living among beauty is one of the most healthful, well-being inducing things that you can offer to people and communities.

Spending Commitments to Local Councils

Lord Lucas Excerpts

Monday 22nd July 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

We know that the council tax banding system has been around for a very long time. In recent years, it has been important to keep the stability of funding for local councils because of the pressure they have been under. We will continue to make sure we get the balance right between local autonomy on funding and the financial pressure on residents. However, long-term funding stability in the wider local government funding system should help that. As for looking at the banding system, that could cause the kind of disruption that would make life even more difficult for local authorities.

[Lord Lucas (Con)]

My Lords, will the Government look carefully at whether the burden of funding homelessness could be more equitably distributed between councils?

[Baroness Taylor of Stevenage (Lab)]

My Lords, homelessness is one of the most serious issues that local authorities have had to deal with; it has caused immense pressure on their finances and immense distress to the people affected by it. This morning, we heard from Oxford Economics and Skipton Group that only one in eight renters can afford to buy property. We must address this and deliver the long-term solutions that are needed. We will develop a new cross-government strategy, working with mayors and councils across the country to get us back on track to ending homelessness once and for all. I hope we can also scrap the Vagrancy Act 1824 and get that off the statute book.