Planning and Infrastructure Bill

Baroness Hayman of Ullock Excerpts

Committee stage
Wednesday 17th September 2025 Lords Chamber

Moved by

[Baroness Hayman of Ullock]

248A: Clause 55, page 92, line 13, leave out subsection (5) and insert—
“(5) An EDP must include conservation measures that are not, at the time the EDP is made, expected to be needed but which must be implemented in the circumstances set out in the EDP.(5A) Those circumstances must relate to the effectiveness of the conservation measures that have already been implemented, as revealed by the monitoring of the EDP (see section 76(4)(a)).”Member's explanatory statement
This amendment would require Natural England to include backup conservation measures in an EDP, in case the primary ones prove to be ineffective, and to specify the circumstances in which the backup measures will be implemented. (See also my amendment to clause 76 inserting a new subsection (4) about monitoring.)

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, this group covers further government amendments to bring confidence that the nature restoration fund will deliver the improved outcomes for nature that are at the core of the model. At its introduction, the Bill provided the ability for Natural England to include back-up conservation measures within an EDP which could be used if the initial conservation measures were not delivering the desired outcome.

Reflecting the original intent that these back-up measures would be used where necessary, Amendment 248A makes it mandatory for an EDP to include back-up measures as well as explicitly requiring Natural England to monitor the effectiveness of conservation measures so that it knows when it is necessary for these to be deployed. In addition, government Amendment 298ZA bolsters the duty of the Secretary of State to carry out remedial measures. Should the end-point report or the report following revocation contain an assessment that conservation measures are not likely to or have not passed the overall improvement test, this amendment requires the Secretary of State to take proportionate action to address any shortfall in environmental outcomes, whether the EDP is revoked or it reaches the end date.

Finally, the amendments make a series of minor legislative fixes and consequential amendments necessary for the correct operation of the legislation following these substantive government amendments. I hope that the Committee will support these amendments, and I beg to move.

[Lord Roborough (Con)]

My Lords these amendments brought forward by the Minister draw attention to a crucial point: environmental delivery plans, if they are to carry weight and deliver real outcomes, must be more than static documents. Amendment 248A rightly calls for contingency measures, back-up conservation actions that can be triggered if the initial interventions fall short. That is not only prudent but essential if we are to treat the environmental promises made in an EDP with the seriousness they deserve. Likewise, the amendments proposing a clear duty on the Secretary of State to act where an EDP fails the overall improvement test, together with publication requirements, are in my view sensible and measured. If the regime is to maintain public confidence, there must be accountability when delivery falters.

The environmental delivery plan must not be a one-shot deal; it must be an adaptive instrument capable of responding to what monitoring reveals and supported by a credible remedial pathway if things go wrong. These proposals help to strengthen that architecture, and I hope that the Government will give them serious and constructive consideration.

[Baroness Hayman of Ullock (Lab)]

I thank the noble Lord for his supportive comments. I do believe these amendments show we have been listening to concerns. I beg to move.

Amendment 248A agreed.

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[Lord Lucas (Con)]

My Lords, I have managed to eliminate Japanese knotweed successfully several times. It requires a bit of time and a bit of glyphosate.

[Baroness Hayman of Ullock (Lab)]

I have also got rid of Japanese knotweed—I have not had much success with Himalayan balsam, though.

I thank the noble Lord, Lord Roborough, for Amendments 253, 296 and 297, and the noble Lord, Lord Cromwell, for Amendment 253B. I will consider these together because they all relate to invasive non-native species and the nature restoration fund. The Government recognise the impacts of invasive non-native species on our native species and ecosystems. As the Minister for invasive non-native species, I appreciate the noble Lords’ intentions in tabling these amendments, but they do not align with the targeted nature of the nature restoration fund.

However, I reassure noble Lords that I have a particular bee in my bonnet about how we best tackle invasive non-native species, because they can have a devastating impact on our native biodiversity. Himalayan balsam means that nothing grows at all, and it wrecks riverbanks. However, it is about not only what is here at the moment and how we manage it but how we stop more invasive species coming in. That is a huge challenge. While I am on that subject, the noble Lord, Lord Lucas, asked about the list—it is retained EU law, but we have been reviewing and amending it in order to tailor it to UK circumstances.

Amendment 253 would require Natural England to take action to eradicate the invasive non-native species that could negatively impact an EDP’s environmental features. The legislation already allows invasive non-native species control to act as a conservation measure, where this would support the action of Natural England to materially outweigh the impact of development on the relevant environmental feature. However, we should recognise that it might not always be the best option in terms of environmental impact, value for money and delivery considerations, such as the need to secure the overall improvement by the EDP end date.

Requiring action to eradicate invasive non-native species, regardless of these considerations, could delay EDPs, increase costs, and limit the ability to secure positive environmental outcomes. With these amendments, the Secretary of State would be required to revoke an EDP—even one delivering effectively for nature—because of the presence of a single grey squirrel, which does not make sense in the bigger picture. Making EDPs contingent on mandatory eradication in this way could also make them unviable. On the grey squirrel question, the noble Lord asked about the sterilisation programme. To confirm, the programme is ongoing, and is being supported by Defra.

Amendment 253B, tabled by the noble Lord, Lord Cromwell, seeks to require bodies exercising powers relating to an EDP to ensure that legal obligations under the Weeds Act 1959 are “publicised, observed and enforced”. The Weeds Act grants powers for the Defra Secretary of State to serve landowners with a requirement to remove the weeds specified within the Act, and ensures that landowners retain responsibility for their own land, instead of public bodies needing to act.

EDPs are a targeted tool to address the impact of development on specific environmental features. Introducing a broad obligation for Natural England, and others exercising responsibilities relating to EDPs, would expand the scope of EDPs, and risk diverting focus from their core purpose. The noble Lord, Lord Cromwell, and others discussed ragwort. I assure the noble Lord that there is nothing in this legislation that would preclude Natural England or others from taking action in line with the Weeds Act, such as reporting the presence of ragwort where this is encountered, or from appropriately removing such weeds where Natural England, or delivery partners, are delivering conservation measures on the ground. With these explanations, I hope that the noble Lord, Lord Roborough, will withdraw his amendment.

[The Earl of Caithness (Con)]

My Lords, I was interested in that debate, and would like to pick up what the Minister said. Given her responsibilities, could she update us on the point my noble friend Lord Roborough made about the grey squirrel? Could she be a little more specific about the up-to-date situation on that, but also on deer in general, which are causing havoc to young plantations and farmland? Those might not include non-native or invasive species, but there are far too many deer in the countryside.

[Baroness Hayman of Ullock (Lab)]

One of the main deer that cause a problem is non-native, but we will not go into that. The department is currently producing the revised deer strategy, which I am sure we can share with the noble Earl when it is produced. The noble Earl, Lord Kinnoull, is working closely with the group working on the grey squirrel sterilisation programme. I have had meetings with him and his colleagues, but I cannot provide the details of that, as it is something that they are driving forward themselves. It may be worth the noble Earl having a conversation with the noble Earl, Lord Kinnoull, and we are supporting the work that he and his group are doing.

[Lord Roborough (Con)]

My Lords, I am grateful to all noble Lords who contributed to this short debate, and particularly to the Minister for her knowledgeable answer. I add my thanks to the Minister for a meeting which she organised a couple of weeks ago with her officials. The depth of knowledge of those officials on this subject was phenomenal.

The noble Lord, Lord Inglewood, made a good point about public education. These are not adorable, furry animals, these are pests. They are causing damage to our wildlife, our trees, and to everything in our country, and people need to be aware of that. I could not agree more with the noble Lord, Lord Cromwell, about ragwort. My experience is that responsible farmers remove this as soon as they see it, and it is disappointing to see public bodies not taking that responsibility seriously.

I also thank my noble friend Lord Lucas for his points. He slightly contradicted himself; of course, it is very difficult to remove these invasive non-native species, but the point is that it is not impossible. I had the same experience with Japanese knotweed and Himalayan balsam; you can eradicate them, but you have to work at it.

I will take away the comments made in the debate, and perhaps see whether there is something we can do, in this Bill or elsewhere, to try to strengthen the defences against these. I withdraw my amendment.

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[The Earl of Caithness (Con)]

My Lords, what my noble friend Lord Roborough has said is very important. I draw the Committee’s attention to an announcement in February of this year from the Environmental Farmers Group, which comprises about 4% of England’s farmland—nearly a million acres—and over 700 farmers. Before the powers of this Bill got into print or came to this House, the Environmental Famers Group managed to reach an agreement with Natural England that satisfied Natural England and the local authority, and ended the moratorium on housebuilding between Salisbury and Christchurch. Thousands of new houses will be built as a result of this agreement, and the environment will benefit. It would be a tragedy if this Bill inadvertently started to block agreements such as that and Natural England resorted to compulsory purchase and a state attitude that it is the only one that can do it. It is vital, as the noble Lord, Lord Inglewood said, that every possible angle is kept open for the private sector in its various forms to contribute to the benefit of biodiversity, development and growth in this country.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Lord, Lord Curry, for Amendments 258, 268 and 353. These amendments speak to the role that private providers of nature services will play in the delivery of the NRF.

We share the desire of the noble Lord—and that of other noble Lords who have spoken in this debate—to support private sector investment in nature. We are clear that private and third-party providers will play a critical role in delivering the NRF. By design, this Bill allows a partnership approach to the delivery of conservation measures. This includes explicit reference in Clause 76 to paying others to undertake conservation measures. The Government expect Natural England to use competitive procurement approaches, wherever appropriate, to ensure innovation and value for money.

As the noble Lord, Lord Cromwell, said, we tried to spell this out a little better in the letter that we sent round. It explained that EDPs will provide new opportunities for the private sector, habitat banks, farmers, local authorities and environmental groups to supply nature services. Of course, local solutions are an important part of this, but I am happy to write to the noble Lord regarding processes. As part of the wider measures to support the NRF, the Government will issue guidance to natural England specifically on this point.

The noble Lord also asked about the percentage of the levy that would go to conservation measures and how much would be spent on other things. We cannot be specific on that because clearly it will depend on the nature and size of the EDP and the measures that are going to be agreed. Admin will be able to be claimed for, but the overall focus is delivering the conservation measures—that is what we want the money to be spent on. There will be charging schedules which will provide more information.

The problem with enforcing the binary choice in the amendments is that it would reduce the role for private solutions as part of the implementation of Part 3 of the Bill. My The noble Lord—I think I will call him my noble friend—Lord Inglewood rightly said that we need choices in order to have the best outcomes for nature.

On Amendments 318B and 320B, in the name of the noble Lord, Lord Cromwell, Natural England will work with private providers and landowners to deliver conservation measures. We recognise the vital role these providers will play in making the NRF a success. Restricting Natural England’s ability to deliver conservation measures itself in the way proposed would risk EDPs being unable to deliver value for money for developers where the only available and willing providers are prohibitively expensive.

We are shortly going to be discussing compulsory purchase, so I will say here that we expect Natural England to consider compulsory purchase only where attempts to acquire land by agreement have failed, and that use of Natural England’s compulsory purchase power must be authorised by the Secretary of State. I trust the noble Lord will be content not to press his amendments.

I turn to Amendment 318ZA, in the name of the noble Lord, Lord Roborough. I understand the desire for clarity on the opportunities for farmers and others to be involved in the delivery of conservation measures. As mentioned earlier, this model relies on close working with private partners and landowners, and we will publish guidance to support this. However, we are aware that local landowners know their land better than anybody else.

On Amendment 325ZA, tabled by the noble Lord, Lord Cromwell, I will be very brief. I reassure the noble Lord that this amendment is unnecessary because, where the land is available to Natural England at market value, it will already be able to pursue the compulsory purchase order as there is a long-standing requirement that compulsory purchase orders can be used only where reasonable efforts to negotiate the purchase of land by agreement have failed.

Finally, regarding the noble Lord’s questions around SFIs, to confirm, we are looking to launch a reformed scheme next year. As I know more details, I will keep the noble Lord in touch with that. With those explanations, I kindly ask noble Lords not to press their amendments.

[Lord Roborough (Con)]

Before the Minister sits down, would it be possible to share the guidance, or at least a draft of the guidance? I think it would help us to understand where we go to on Report.

[Baroness Hayman of Ullock (Lab)]

I am very happy to.

[Lord Lucas (Con)]

My noble friend should know better than to say “Before the Minister sits down”—really.

When this project gets going and we start to see how Natural England is balancing its own activities against involvement with the private sector and farmers and others, how is Parliament going to be informed as to what is going on? How will information flow to us as to how Natural England is fulfilling its role? The Minister had some very fine words in her replies, but how can we butter some parsnips with them?

[Baroness Hayman of Ullock (Lab)]

Clearly, we want to make it work. As I have said, Defra will be monitoring it closely and reports will come out on it, and I am absolutely certain that I will get questions.

[Lord Curry of Kirkharle (CB)]

My Lords, I thank the Minister for her reply and I am partially reassured by the answer.

I am trying very hard not to remain slightly cynical about Natural England’s overarching role as the controlling body that will determine what happens on the ground with each development. There might be—forgive the phrase—oven-ready solutions in local areas which get delayed significantly by the decision-making process that will inevitably occur within a bureaucratic organisation such as Natural England. I ask the noble Minister to think about whether there might be a slicker, smarter way of achieving better environmental outcomes by local actors on the ground which could be included in the Bill. I beg leave to withdraw my amendment.

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[Lord Blencathra (Con)]

My Lords, I will speak briefly to Amendment 294, submitted by the noble Baroness, Lady Grender. I apologise that I was not in the Chamber this morning to participate: I had to attend my Select Committee, especially as it was on a subject that I demanded that we investigate. Way back last June, we fixed the meeting for this morning at my convenience, so I had to be there.

The amendment from the noble Baroness would prohibit the Secretary of State from having the power to amend an EDP in a way that would reduce the measures taken to mitigate the negative environmental impact of development. This amendment touches on important points of principle, including environmental conservation and the remit of the Minister’s power. I would be interested in hearing the Government’s response.

I will also address the government amendments in the name of the noble Baroness, Lady Taylor of Stevenage, which would require Natural England to consult on the EDP when certain amendments to it are proposed. The circumstances in which the consultation will be necessary are when the proposed amendment would increase the maximum amount of development covered by the EDP, include new places in the development area or add new types of conservation measures not currently included in the EDP. It seems an important principle that amendments which would change an EDP in this way are subject to consultation. I agree entirely. Such consultations should aim to allow for relevant expertise and the voices of a variety of stake- holders to be heard. I look forward to hearing the noble Minister’s response to the amendment from the noble Baroness, Lady Grender.

[Baroness Hayman of Ullock (Lab)]

My Lords, this grouping includes further amendments that the Government have tabled to address matters raised in advance of Committee. As part of this package, the Government’s Amendment 295B clarifies the consultation requirements when amending an EDP, where the intent had always been to ensure that consultation was taken forward where it was proportionate to do so. This will ensure that, where an EDP makes a significant amendment, measured by its meeting certain criteria, there will now always be a requirement to consult on that amendment, so that the public and expert stakeholders are able to contribute to and comment on the proposals.

Government Amendments 295C, 295D and 295E contain minor legislative fixes and a consequential amendment necessary for the correct operation of the legislation following the substantive government amendments. I hope that the Committee agrees to accept these amendments, and I commend them.

I turn briefly to the non-government amendment, Amendment 294, tabled by the noble Baroness, Lady Grender, which would make it impossible to amend an EDP when that amendment would in any way reduce or weaken the conservation measures it contains. While I absolutely appreciate the concerns that she has rightly raised, the amendment would substantially restrict Natural England’s flexibility to make crucial amendments to EDPs, which may include reducing both the amount of development and the conservation measures contained in an EDP. For example, we would want to ensure that, if an expected development was not actually going to come forward, an EDP could be amended to reflect this and reduce the scale of conservation measures, in line with the reduction of impact from the development.

I also note that all significant amendments will now need to be consulted on. All EDPs will continue to need to pass the overall improvement test following any amendment. I therefore hope that the noble Baroness agrees to withdraw her amendment.

[Baroness Grender (LD)]

I thank the Minister for her response. She will understand that we are attempting to prevent what happens over custom and time, which is always the weakening of something such as an EDP. We will examine her words carefully and meet with her between now and Report to make a bit of progress on this. Meanwhile, I beg leave to withdraw my amendment.

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[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Earl, Lord Caithness, for his Amendments 319 and 320, which seek to amend Clause 73. These amendments specifically seek to ensure that those paid by Natural England to deliver conservation measures have the right level of expertise.

I understand that it is of course important that appropriate expertise and an appropriate person are deployed in the delivery of conservation measures. The Bill contains measures to ensure that the conservation measures within an environmental delivery plan deliver the necessary environmental improvements, with further safeguards included in the amendments that the Government have proposed.

Without the necessary expertise to deliver conservation measures, Natural England simply cannot comply with the requirements set out in the Bill when procuring conservation measures from third parties. The overall improvement test, as amended, will ensure that, when making an environmental delivery plan, the Secretary of State has confidence that the effect of the conservation measures will materially outweigh the negative effects of development. That includes confidence in the delivery of the conservation measures. Natural England will need to demonstrate that high integrity and standards will be applied in the procurement of any conservation measures and services.

As noble Lords are aware, we have introduced a requirement for Natural England to take sufficient measures to monitor the effectiveness of conservation measures and the effects of EDPs in general. That will ensure that any non-performance is addressed.

Finally, the Secretary of State will issue guidance as needed to ensure that conservation measures are designed and delivered using the appropriate expertise. The noble Lord, Lord Cromwell, asked a lot of detailed questions about how the levy will operate. If he will bear with me, I will write to him on those issues.

Amendment 320, tabled by the noble Earl, Lord Caithness, seeks to ask for “or body” to be put in after “person”. However, I can confirm that the meaning of another person in this context includes already bodies. That is the default position under the Interpretation Act 1978. I hope that reassures the noble Earl. The Bill already delivers the spirit of the noble Earl’s amendments, so I kindly ask him not to press them.

[The Earl of Caithness (Con)]

My Lords, I am grateful to the Minister. Can she confirm that Clause 76(3) refers only to EDPs?

[Baroness Hayman of Ullock (Lab)]

I apologise—yes, it does.

[The Earl of Caithness (Con)]

My Lords, I am grateful. This has been very helpful. I beg leave to withdraw the amendment.

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[Lord Blencathra (Con)]

My Lords, several of the amendments put forward by my noble friend Lord Caithness seek to ensure that those to whom the Secretary of State may delegate power are more precisely clarified. I support my noble friend’s efforts to ensure that the legislation is as clearly drafted as possible, so that it may be enacted in the way that both Houses intend. Furthermore, under this Bill, Natural England is being conferred a variety of different powers. It is therefore important that those delegated these powers, whether individuals or bodies, are appropriate. As a result, I am supportive of my noble friend’s amendments, and I am sure the Government will provide them with the necessary attention they deserve.

Amendment 343, also proposed by my noble friend, calls for the establishment of an independent body to oversee Natural England’s powers and duties. I support the principles behind such an amendment as transparency and accountability are essential requirements for effective government. I am therefore supportive of some of the ideas included in the amendment, such as requests for information, transparent reporting and independent monitoring. I hope the Government take this amendment seriously as well.

I also thank the noble Lord, Lord Cameron of Dillington, for his Amendment 328. It is a probing amendment to ascertain which people the Government envisage taking on the responsibilities of Natural England under this part, and whether they include the farmers and occupiers affected by the EDP. I am sure that the whole Committee will welcome clarification of this question, as we have addressed it in prior groups.

[Baroness Hayman of Ullock (Lab)]

The noble Earl has tabled a number of amendments that seek to amend Clauses 86 and 87. I will consider these together, as they relate to the role of Natural England and who can undertake the role of developing and implementing an EDP.

First, Amendments 326, 328, 329 and 331 seek to ensure that only appropriate persons can be designated in this role and also seek to amend or clarify who can perform this role. Noble Lords are aware that Natural England is named in the Bill as the body responsible for the preparation and implementation of environmental delivery plans. However, there may be instances where it is appropriate for another body to take on some or all of Natural England’s role. There might be a scenario where it would make sense for a different public body to do this role. In the debate on Monday, I explained, for example, that the Marine Management Organisation might take on the role for an EDP that applied to coastal waters.

Clauses 86 and 87 provide for the Secretary of State to make the necessary changes to allow another body to exercise the same functions as Natural England. Any changes by regulations made by the affirmative procedure would receive the proper scrutiny of Parliament, which would ensure that only an appropriate body could be named. The Bill has been drafted to allow this partnership approach, which includes consulting relevant local expertise—farmers and land managers, for example. We expect that farmers and land managers will be able to benefit from new opportunities to provide conservation measures and so diversify their own revenue streams.

Amendments 343 and 361 would establish an additional independent body to monitor the success of EDPs in achieving the overall improvement test. Establishing an additional body would, however, increase the burden on and cost of administration of the nature restoration fund. The fund is to be implemented on a cost-recovery basis, and this additional administration would increase developer costs through higher levy rates and divert money away from environmental delivery. However, we agree with the noble Earl that oversight is important. The Secretary of State already has oversight of the nature restoration fund, which includes final approval of all environmental delivery plans following public consultation, and the ability to amend or revoke an environmental delivery plan if it is not delivering as expected. In addition, the Office for Environmental Protection may also scrutinise and report on all matters relating to the implementation of environmental law.

On Amendments 327, 330 and 332, as I set out earlier, the meaning of “another person” includes bodies already in line with the default position under the Interpretation Act 1978. As we set out in the debate on Monday, we would only ever expect to designate a public body to fulfil the role currently fulfilled by Natural England in the Bill.

I hope I have done enough to reassure noble Lords about the safeguards that ensure the benefits for development and nature, with Natural England fulfilling the role of preparing and implementing EDPs, alongside our intentions as to who else can perform this role or otherwise participate in the delivery of EDPs. I therefore kindly ask the noble Earl to consider withdrawing his amendment.

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Finally, I thank the noble Baronesses, Lady Bennett of Manor Castle and Lady Jones of Moulsecoomb. They speak to important issues concerning contamination levels and conservation duties, which are important and worthy of the Government’s attention. I look forward to the Minister’s response to their points and my points.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank noble Lords for their contributions to this debate. I will talk first to Amendment 335, which was moved by the noble Baroness, Lady Coffey. It would require developers to establish a biodiversity baseline before development begins. Through biodiversity net gain, developers are already required to provide a site baseline, using the statutory biodiversity metric, as part of their planning application for Town and Country Planning Act developments. The biggest developers are also going to be required to do so from May next year, when it is extended to nationally significant infrastructure projects.

On Amendment 336, the Government agree that it is important that the use of offsite biodiversity gains by developers is justified. As part of the statutory biodiversity net gain framework, decision-makers need to take account of the biodiversity gain hierarchy, which prioritises, first, the onsite delivery of net gains. Again, this is distinct from the NRF, but we are not convinced that there needs to be a further duty on the decision-maker to prepare a statement justifying each offsite gain. The biodiversity net gain framework already requires a developer to provide information about why the use of offsite gains is required as part of the approval of the statutory BNG plan. It would be disproportionate to require decision-makers to prepare a further statement justifying the use and would add additional burdens on local planning authorities, especially for their ecologists, for little further benefit.

Turning to Amendment 339, which I thank the noble Baroness, Lady Grender, for tabling, I will say that the National Planning Policy Framework is clear that decision-makers should contribute to and enhance the environment by protecting and enhancing valued landscapes and sites of biodiversity value. Local plans are required to identify, map and safeguard components of local wildlife-rich habitats and wider ecological networks, including the hierarchy of international, national and locally designated sites of importance and areas identified by national and local partnerships for habitat management, enhancement, restoration or creation. Furthermore, the Environment Act 2021 introduced local nature recovery strategies, which are now being rolled out across the country.

These spatial strategies for environmental improvement are developed in partnership with local stakeholders and enable strategic authorities to agree a set of priorities for nature recovery. They also map out the most valuable existing areas for nature, which are often underpinned by other protections in the planning system, and areas which could become of particular importance for biodiversity. Strategic and local planning authorities will need to take local nature recovery strategies into account when planning for development under legal provisions in the Levelling-up and Regeneration Act and the Planning and Infrastructure Bill. Where it is appropriate for large areas of habitat to be conserved or enhanced, local nature recovery strategies provide a mechanism to do so.

Local nature recovery strategies allow local areas to determine the best opportunities to take action for nature restoration, while also planning for any development needed in the area. In February, we published guidance setting out the role of the local nature recovery strategies in the planning system, and we are exploring how we can best reflect them in policy through our wider work.

The application of planning policy through up-to-date strategic development strategies and local plans, which consider local nature recovery strategies, will ensure that local people are equipped to make decisions about where habitat enhancement and creation can drive the best environmental outcomes. Therefore, while I understand the intent behind this amendment and agree that promoting nature restoration at scale is an important objective, the legislative framework to enable this is already in place.

On Amendment 341, we recognise that ponds can deliver important biodiversity benefits, and we want to encourage them in the right locations. We also recognise the benefits of ponds for farmers, providing valuable sources of irrigation during dry periods. The noble Earl, Lord Caithness, mentioned the recent flooding; of course, things such as balancing ponds can be really helpful.

Permitted development rights are a well-established part of the planning system. For example, under an agricultural permitted development right, farmers can create ponds and on-farm reservoirs, subject to certain limitations and conditions, to manage and control impacts. Meanwhile, home owners can create new ponds in their gardens under householder permitted development rights.

Changes to permitted development rights are brought forward through secondary legislation as amendments to the general permitted development order. A public consultation would ensure that the views of the public, including those who would benefit from the rights created, are taken into account. It would also allow for consideration of any potential impacts of the proposal and how these might be mitigated.

The amendment seeks to provide a national planning permission for ponds across the whole of England, regardless of whether one would be appropriate in a particular location, such as on land used for public recreation or in an area where it could increase flood risks. To ensure that ponds are properly located, there are circumstances in which a planning application is appropriate. On that basis, we cannot support the amendment. However, I assure noble Lords that we will continue to keep permitted development rights under review.

Turning to Amendment 346, tabled by the noble Baroness, Lady Bennett, while obviously I understand the ambition to improve information on the state of contaminated land in England, I also believe that the policy intent of her proposals is largely met by existing legislation and statutory guidance.

Part IIA of the Environmental Protection Act 1990 provides a framework for identifying contaminated land in England and allocating responsibility for its remediation. It provides a legal definition of contaminated land and lays out the responsibilities of local authorities and the Environment Agency for dealing with contaminated land. These responsibilities include local authorities inspecting their area to identify where land may be contaminated, and maintaining a public register of land that has been identified as contaminated land. Local authorities and the Environment Agency are also required to ensure that “appropriate persons” remediate these sites.

Additionally, there is a statutory obligation for local authorities to report to the Government on the state of contaminated land in their area when asked to. Defra commissioned the Environment Agency in November 2024 to complete a state of contaminated land survey, and a subsequent report, and we will soon release the survey to local authorities. Regarding the noble Baroness’s question about Zane, I just want to clarify that the previous Secretary of State, Steve Reed, did meet Zane’s family, and it was following that meeting that the state of contaminated land survey was commissioned. We are looking to release it to local authorities to respond to very soon—this month—and we are aiming to publish the final report in spring next year.

Given that the existing frameworks are already embedded into legislation and guidance, Amendment 346 would cause unnecessary duplication and distraction for local authorities. Therefore, while obviously I completely appreciate the noble Baroness’s concerns, I would ask her not to press her amendment, and I will check the other questions she asked and get back to her in writing.

Amendment 345, introduced by the noble Baroness, Lady Grender, wishes to create the new category of “heritage trees” and give them further protection. The National Planning Policy Framework recognises the benefits from natural capital and ecosystem services, which trees and woodlands provide. We are clear that opportunities should be taken to incorporate trees into new developments, and that existing trees should be retained whenever possible. Moreover, development that results in the loss or deterioration of ancient woodlands or ancient or veteran trees should be refused unless there are wholly exceptional reasons, and a suitable compensation strategy exists.

Aside from these protections at national level, there are tree preservation orders, a key method of protecting trees and woodlands in England; and authorities are already expected to take into account the historic, cultural and ecological value of a tree. Local planning authorities are also required to notify relevant parties when the order is made so that they can encourage good tree management, particularly when determining planning applications. Local officers have powers to enforce protections, and an order makes it a criminal offence to cut down, prune, uproot, or wilfully damage or destroy a tree without the local authority’s written permission. Regarding the Sycamore Gap, the people who cut that down have actually gone to prison.

We are concerned that the creation of a new category of heritage trees could cause confusion and add to burdens on both Natural England and local authorities without the commensurate benefits. My noble friend asked about the Tree Council report, and I can say that Defra is working on a tree strategy, which I am sure she will take great interest in when she sees it.

Amendment 346A seeks to place an additional nature duty on forestry authorities when exercising their functions in planning, development and infrastructure on protected landscapes. We share the aims of the amendment and agree that public bodies should fully contribute to nature conservation and biodiversity recovery.

However, the objectives of the amendment are already embedded in the statutory and policy framework that forestry authorities operate within. Where renewable electricity development on the public forest estate is consented through the development consent order process for NSIPs, the national policy statements will apply, and the Overarching National Policy Statement for Energy stipulates:

“In considering any proposed development … the Secretary of State should take into account … its potential adverse impacts, including on the environment, and including any long-term and cumulative adverse impacts … at national, regional and local levels”.


Furthermore, forestry authorities already have relevant and bespoke duties applicable to all land, and this balancing duty is a statutory obligation laid out in the Forestry Act 1967, requiring them to balance their forestry-specific duties with the conservation and enhancement of natural beauty. Although I welcome the spirit of the amendment, I do not believe it is necessary to introduce this new statutory nature duty, as outlined in it.

Amendment 346DC, tabled by the noble Lord, Lord Lucas, seeks to remove potential obstacles which may arise from Sections 1 or 3 of the Wildlife and Countryside Act. We recognise the desire to clarify the position of development when it comes to exceptions from these obligations and offences towards wild birds. However, where impacts are unavoidable, development activity can already be exempted as lawful action in the existing list of exemptions under Section 4 of the Act. We will, however, carefully consider how to better manage the interactions between protected species and development both through the NRF and as part of our wider efforts to improve the regulatory landscape.

Having said all that, I hope that the noble Baroness will feel able to withdraw her amendment.

[Baroness Coffey (Con)]

My Lords, we have had another one of those odds and sods groups, with the desire to perhaps insert or add permitted development rights. I am sure that the Minister will recognise my disappointment about what she said about ponds. She will be aware that this is the only opportunity for Peers who are not Ministers to try to get some secondary regulations through and enacted. I am conscious that there was sufficient encouragement for many others in the aims of trying to improve nature, which is what many of the amendments were about. With that, I beg leave to withdraw Amendment 335.

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[Lord Roborough (Con)]

My Lords, these amendments address the critical interface between planning law and the protection of our sensitive natural environments governed under the habitat regulations.

Amendment 350, which I have signed—I should really have signed Amendment 349 too, which I also support—proposes a new Part 1A to the habitats regulations, placing scientific evidence at the centre of decision-making. That principle is vital. All too often, planning decisions are mired in ambiguity and subjectivity, which, in turn, creates delay and a window for opportunistic challenge. These amendments would create a framework that distinguishes between material and de minimis effects, gives due weight to credible science and offers clarity for both developers and conservation bodies. That said, we must take care that the new language, particularly around decisions not requiring absolute certainty, does not inadvertently weaken precautionary safeguards. It is a fine balance and one we will want to explore further.

I imagine that I am fortunate not to have read the article in the Telegraph today, so I am completely comfortable with the amendments. The only thing from the introduction of the noble Lord, Lord Hunt of Kings Heath, with which I did not entirely agree is the idea that nature has to suffer. A lot of the debate we are having around the Bill is about how to make sure that nature suffers as little as possible and how to mitigate that in the hierarchy. I believe that these amendments can be part of that.

That goes to the broader debate that we on these Benches have been having throughout the discussions on the Bill about why we have Part 3 at all. When we started debating the groups on Part 3, we offered a number of amendments to deal with nutrient neutrality, two of which, taken together, would have released 160,000 houses immediately after the Bill commenced. I am still not clear how EDPs will release those houses from the blocking guidance from Natural England.

The noble Baroness, Lady Young of Old Scone, has tabled a number of amendments that would significantly restrict the extent of EDPs, which I also support. In all the amendments I have mentioned and which the noble Lord, Lord Hunt of Kings Heath, has brought forward today, there are solutions which, frankly, would be far better than Part 3 for speeding up development, increasing certainty and reducing costs. I therefore support these amendments.

[Baroness Hayman of Ullock (Lab)]

My Lords, government Amendment 349A in this group makes a minor legislative fix, inserting the correct definition of the Ramsar site series into the habitats regulations.

I turn to the non-government amendments and the debate we have just been listening to. The noble Lord, Lord Ravensdale, and my noble friend Lord Hunt of Kings Heath have tabled a number of amendments concerning the operation of the habitats regulations. I wish to add some detail to comments I made in Monday’s debate in response to amendments seeking to limit the disapplication of the habitats regulations to the specific features and impacts identified in the environmental delivery plan. This is an important point which is relevant for today’s debate.

As I said on Monday, the disapplication in Schedule 4 already applies only to the specific impacts of the development identified in the EDP. I want to set out how this could work in practice. If a development proposal comes forward that has three different impacts on protected features—for example, nutrient pollution, recreational disturbance on ground-nesting birds and an impact on dormice—there might be two EDPs covering the area where that development is located, each addressing strategically the impacts of development on one of those environmental features. In this scenario, the developer may choose to discharge its obligations in relation to the two environmental impacts covered by those EDPs through payment of the relevant levy for each. The remaining impact would continue to be assessed in the usual way, either through the habitats regulations assessment or by applying for a species licence. With the other two impacts being addressed through the EDPs, the remaining assessment would be more focused and streamlined.

I want to be clear that it would remain necessary to consider any effects not covered by an EDP. This is by design. EDPs are intended to be modular, with each one addressing a specific impact or impacts. They are not intended to be a comprehensive way of addressing all the possible environmental impacts of developments. I hope that helps to clarify.

I come to the specific amendments that we have been debating. I know that noble Lords have been concerned that EDPs might not deliver for infrastructure, so they have proposed these amendments to improve the operation of the existing system. Our focus in bringing forward the measures in this Bill has been on ways to practically improve the planning process. Case-by-case negotiations of mitigation and compensation measures often slow down the delivery of much- needed housing and infrastructure, as the noble Lord, Lord Ravensdale, explained in his introduction. The nature restoration fund will allow developers to benefit from a streamlined process and simple user experience, while delivering better outcomes for nature. The Bill is also clear that EDPs can be brought forward to support nationally significant infrastructure projects.

The Government already plan to address, through improved guidance, many of the points made in the amendments and by noble Lords. Although I note the desire for an open conversation about wider reforms to the habitats regulations, noble Lords will recognise that amendments of the type proposed go far beyond the NRF and would benefit from proper scrutiny and consideration. Although many in the Committee may favour the spirit of some of these amendments, legislating in this manner at this late stage of the Bill would risk a period of significant uncertainty for practitioners and a potentially negative impact on development that we would all wish to avoid.

I turn to Amendment 346DA. I thank the noble Lord, Lord Ravensdale, for raising the important issue of energy security. I wish to clarify that, through the overarching energy national policy statement, nationally significant low-carbon infrastructure is recognised as critical national priority infrastructure. In relation to such projects, the Secretary of State will start with a presumption in favour of granting consent. It is recognised that it is likely that the needs case for this infrastructure will outweigh the residual effects in all but the most exceptional cases, and we are already seeing positive impacts of CNP infrastructure. The current overarching national policy statement for energy also confirms that, where there are no alternative deliverable solutions to mitigating the impact of the NSIP on sites subject to habitats regulations assessments, then compensatory measures are still required.

Delivery of compensatory measures is an important part of protecting our network of protected sites, where damage to a site is unavoidable and where there is an overriding public interest. For offshore wind, as the noble Lord, Lord Ravensdale, explained, there are particular issues around the identification of suitable compensation, and the marine recovery fund will provide an optional mechanism which developers can pay into to discharge their environmental compensation obligations. In addition, for offshore wind, Defra recently consulted on changes to the environmental compensation requirements and intends to introduce a statutory instrument to deliver these changes. Where an environmental delivery plan is in place under the nature restoration fund, this will enable developers to fund strategic, Government-led conservation measures.

Amendments 349 and 350, tabled by my noble friend Lord Hunt of Kings Heath, and Amendment 349B, tabled by the noble Lord, Lord Lucas, would fundamentally alter many of the well-established principles of the current regime. While the Government understand and support many of their intentions, the focus of Part 3 is to establish the nature restoration fund and create a tool to address the environmental impact of development. Expanding the scope of the Bill in this way, as I said before on the other amendments, risks introducing uncertainty into the system and could slow the consenting of development. Several of the amendments also raise questions in respect of how they guard against environmental regression and significant harm to protected sites.

We feel that such significant changes to the habitats regulations assessment process would be better addressed following greater scrutiny, including from affected stakeholders. However, they raise a number of very important points about the operation of the habitats regulations. To take two specific points, decisions should be made on the basis of the best available scientific evidence and the habitats regulations assessment process should be applied appropriately and proportionately.

Government amendments to Part 3 include clarifying that both Natural England and the Secretary of State will take account of the best available evidence when preparing, amending or revoking an EDP. However, introducing legislative definitions of “scientific evidence” or “scientific justification”, as proposed by these amendments, needs careful consideration to understand the impact of such changes and to avoid the risk that we introduce unnecessary uncertainty and increased litigation in this area.

Dan Corry’s review, which we have mentioned in previous debates, also suggests a potential reform to the habitats regulations and how they are applied, while ensuring consistency with international obligations. I can confirm that we are looking at how to improve the operation of the existing habitats regulations. We are preparing updated guidance on the assessment process, and the noble Lord’s amendment rightly addresses the role that guidance can play in encouraging a proportionate application of that process. The noble Lord, Lord Lucas, may also wish to note in relation to his amendment that the guidance will make clear the flexibility that exists in order to screen out the de minimis effects where it is clear that there is no risk of harm to the integrity of the protected site.

I supported much of what the noble Earl, Lord Russell, said, and the approach that he suggested—that we need to be much more considered and take more time over some of this. We will of course continue to consider ways in which the operation of the habitats regulations can be improved, while protecting our most valuable habitats and species, at the same time as providing more certainty and an efficient process for developers. On that basis, I hope noble Lords will not press their amendments but continue to work with us on this important matter.

[Lord Ravensdale (CB)]

My Lords, I am very grateful to the Minister for her summing up and the extra information that she provided, particularly the important clarity around NSIPs and Part 3. However, we have not yet got away from the central issue of how useful Part 3 is going to be for major infrastructure projects. I appreciated what she said on guidance, but, clearly, we need to go further in what is laid down in statute. Coming back to Amendment 350, we are talking about minor changes to the regulations, to bring us back to their original intent and to clarify the existing law. I certainly look forward to further discussions with the Minister and other noble Lords on this as we go towards Report. With that, I beg leave to withdraw the amendment.

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[Baroness Hayman of Ullock (Lab)]

My Lords, Amendments 351A and 351B, tabled by my noble friend Lady Young, would require regulations containing consequential amendments made under the power in Clause 89 to be subject to the super-affirmative procedure. Although I wholly agree that it is crucial that regulations receive the appropriate level of scrutiny, the super-affirmative procedure is intended to provide for statutory instruments considered particularly important or complex.

I want to assure noble Lords that any amendments made under this power would be limited to either consequential or technical changes that are required to ensure the proper functioning of the system. I trust that noble Lords would agree that use of the procedure for such amendments is not likely to be an effective use of parliamentary or government time. Therefore, I hope my noble friend will agree not to press her amendments.

Amendment 356, tabled by the noble Baroness, Lady Coffey, would require that the Secretary of State responsible for carrying out all relevant functions under this part be nominated in the Bill as the Defra Secretary of State. The noble Lord, Lord Lansley, said in an earlier debate that it would be unusual to explicitly set out in legislation which Secretary of State is being referred to, as this could risk confusion down the line if, for example, departments or portfolios changed. I take the point that the noble Baroness made. In addition, it will generally be up to the Government of the day to agree which Secretary of State was best placed to use which powers.

In the case of the powers in question, we recognise the role the Secretary of State for Defra needs to play in the nature restoration fund. To reassure noble Lords, and as I clarified this morning, we would expect the Secretary of State for Defra to lead on the consideration and approval of EDPs as the NRF is established. However, we do not want to put this specifically in the Bill, partly because of the precedent it sets but also because there may be certain circumstances where it is appropriate for another Secretary of State to carry out functions under this part. I cannot give the noble Lord an example because we do not expect it to be a frequent thing. It would have to be looked at specifically at the time if there were circumstances that meant another Secretary of State would have the knowledge and the expertise required to make the judgments and the assessments that were needed. Just in case that could happen, we do not want to remove the possibility by specifying the Environment Secretary purely in isolation in the Bill. I hope that noble Lords will agree not to press their amendments.