Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Lord Fuller (Con)]

I had not realised what the noble Lord was going to say from the Dispatch Box, but I wish to support his Amendments 135HZG and 135HZH What he could have said—but did not—was that there is almost an interaction with the previous group, in that sometimes there is a perverse incentive to add delay to a process to run down the clock. However, in this case, the noble Lord could have said that, as a result of those delays, a whole series of new studies would need to be remade. For instance, ecology studies may last for only two or three years so may be triggered once more, and they in turn can only be created at certain times of the year—in the spring, for example. The combination effect, in respect not just of the previous group but of this group, means that the delays could be even longer, so I strongly support the noble Lord. Finality and certainty are important, and I support him not only for the reasons he gives but for the avoidance of interference with the previous set of amendments.

[Baroness Pinnock (LD)]

My Lords, my noble friend Lord Teverson has raised an important aspect of the planning process in his amendment on planning enforcement. Planning enforcement can be a neglected part of the planning system, partly because it is not a statutory function but a discretionary one, and as such is not necessarily funded to the extent that it ought to be. Effective enforcement is vital in the planning process so that everyone—the developer, the council and local people—can have trust that what has been agreed will be fulfilled.

I will give noble Lords one example from my role as a councillor, when I was contacted about a housing development which is adjacent to a motorway. A resident raised the concern that the developers were not adhering to the agreed siting of units. Planning enforcement went on site to investigate and discovered that the construction was undermining the motorway banking, which would have had catastrophic consequences if it had continued. A stop notice was issued and the matter resolved; I should say that this was a major housing developer.

Enforcement is key for the integrity of the planning system, for the conditions that are applied to a planning application when it is given consent and for residents who have asked questions about its impact. It is therefore key to retaining the trust of residents, as my noble friend has said, and so that democratic decision-making can be relied on to check that planning conditions are properly fulfilled. That requires adequate funding. I would like to hear from the Minister whether the Government are of a mind to make a move from a discretionary function to a statutory one, which would then be adequately funded for the very important role that planning enforcement plays.

[Lord Wilson of Sedgefield (Lab)]

I thank the noble Lords, Lord Teverson, Lord Lucas and Lord Jamieson, and the noble Baroness, Lady Scott, for their amendments. I turn first to Amendment 131, which would place a duty on local planning authorities to take enforcement action in relation to certain breaches of planning control and introduce a system of penalty payments.

The Government recognise the frustration that many people feel when they see development carried out without planning permission. We understand therefore that effective enforcement is vital in maintaining public trust and confidence in the planning system.

While I can appreciate the sentiment behind this amendment, it represents a fundamental change to the enforcement system and it is not something which could be introduced without very careful and detailed consideration, including consultation with interested parties. Furthermore, I believe that the current approach to enforcement represents the right balance. It gives local planning authorities discretion about when and how they use their enforcement powers. This flexibility is important, as local planning authorities are best placed to consider the circumstances of each case and reach a balanced and informed decision. While, as I have said, I think the current approach is the right one, I assure the Committee that we will keep the operation of the enforcement system under review.