English Devolution and Community Empowerment Bill

Earl of Clancarty Excerpts

Tuesday 27th January 2026 Grand Committee

[Baroness Taylor of Stevenage (Lab)]

My Lords, that was an interesting discussion. I thank the noble Lord, Lord Lansley, for his amendments and I welcome the opportunity to discuss the role of spatial development strategies in the new devolution framework.

Amendment 45 would require strategic planning authorities to identify the policies in their spatial development strategies that are of strategic importance to address the local growth priorities identified in local growth plans. I very much agree with the need for spatial development strategies properly to address the priorities identified in local growth plans where they are of strategic importance to the area, such as the issues that the noble Lord mentioned around skills and infrastructure. There is an expectation in the revised NPPF that that is exactly what will happen.

The Planning and Infrastructure Act, to which the noble Lord also referred—we recently sat through many hours of debate on it—requires strategic planning authorities to have regard to any plan or strategy they have published. This would include a local growth plan. In the draft revised NPPF, which was published just before Christmas, we set out that spatial development strategies should give spatial expression to strategic elements of local growth plans, and that would include all of the issues mentioned by the noble Lord. We also set out in the draft revised NPPF that spatial development strategies should be tested against national policy when they are examined; that will include the industrial strategy, for example, and will shine a light on whether they are meeting the expectations we have of the SDS.

A number of Peers spoke to Amendment 46. I say to my noble friend Lady Young that I found her extrapolation of this through to losing lots of elections in May and then having a whole reshuffle a bit depressing. I hope that will not happen, and I also hope that my noble friend will have a wander through one of her new forests and cheer herself up a bit. Amendment 46 would require a strategic planning authority to have regard to the Government’s environmental improvement plan and the land use framework for England while preparing a spatial development strategy.

I absolutely agree with noble Lords on the importance of these national documents relating to land use and the environment. The provisions detailing the required content of spatial development strategies and the factors to be taken into account in their preparation were introduced less than two months ago in the Planning and Infrastructure Act, following very thorough parliamentary scrutiny. I do not consider it necessary to revisit or amend these requirements before they have even had a chance to be tested in practice. The documents in question are expected to inform the drafting of national planning policies, and strategic planning authorities will be required to have regard to the need to ensure that their strategy is consistent with the current policy.

For example, if we found that the land use framework or the environmental improvement plan were being ignored in strategic development strategies, we would keep that under review. Should any gaps or misalignments emerge between strategic development strategies and these documents, we can consider future changes to the National Planning Policy Framework or planning practice guidance, or even secondary legislation to ensure that they are taken into account in preparing an SDS.

A number of noble Lords asked questions on the publication of the land use framework, which I know is eagerly awaited. The Government consulted on land use in England from January to April last year. The responses, as well as the feedback from supporting workshops that have been held since, are being analysed. The responses will inform the preparation of the land use framework. I cannot give noble Lords an exact publication date today, I am afraid, but I know that my colleagues in Defra want to publish it as quickly as possible.

On the question from the noble Lord, Lord Shipley, about regional plans, I used to be on the regional assembly, so I sat thought the entire process of the east of England regional plan; the noble Baroness, Lady Thornhill, did so as well, I believe. There were a lot of lessons to be learned from those regional plans, particularly around the co-ordination of data and so on, and I know that officials in the department have taken into consideration how that was done. We need to reflect carefully on those experiences and how they fit in with what we are about to do with strategic development strategies.

The noble Baroness, Lady O’Neill, asked about London. The London plan sits outside this Bill, I think, but there is an expectation on London boroughs that this will be done. Indeed, my own borough is quite a way outside London—well, 28 miles; we are in Hertfordshire, so not that far—and we were consulted on the London plan as part of the Ring Around London consultation.

On my noble friend Lady Young’s question about the local nature recovery strategies, it is a requirement that SDSs take account of those; indeed, the London plan has to take account of local nature recovery strategies as well.

Amendments 138, 139, 144 and 145 would require mayoral combined authorities and mayoral combined county authorities to set out in their local growth plan what is needed in spatial and infrastructure terms to realise the economic growth opportunities presented in the plan. As with Amendment 45, tabled by the noble Lord, Lord Lansley, I agree with the need to ensure that places are identifying these needs. Local growth plans will be required to set out an economic overview of their area, shared priorities agreed with the Government, and a pipeline of investment opportunities. Where infra- structure or development presents a relevant investment opportunity, we would expect it to be included in that pipeline. We are clear that local growth plans should provide an overarching framework for growth, identifying actions and investment that can drive economic growth and productivity.

But, when it comes to addressing the spatial implications of local growth plans and identifying the development and infrastructure needs for realising growth, the right vehicle is the spatial development strategy. That is why we set out that spatial development strategies should give spatial expression to strategic elements of local growth plans when we published our proposed reforms to the National Planning Policy Framework. For all those reasons, I hope that the noble Lord, Lord Lansley, will withdraw his amendment.

[The Earl of Clancarty (CB)]

My Lords, we will come to local growth plans and culture. Can the Minister confirm that the spatial development strategies will include cultural growth as something to look at?

[Baroness Taylor of Stevenage (Lab)]

Each local area will consider its local growth plan, and I hope they will all look at culture. We have carefully considered and are reflecting on the comments made on the competencies we included. This is important, and I gave some stats on the first day of Committee on the benefit to the economy of some of the culture in my own county. It is important that all areas consider this as a key part of what should be in any development strategy and local growth plan.

--- Later in debate ---

[Baroness Griffin of Princethorpe (Lab)]

My Lords, as I have said before, I wholeheartedly welcome the Bill. Before I speak to my Amendment 221, I will discuss this group more broadly. As my noble friend the Minister has demonstrated, local government is better placed than Whitehall to understand the possibilities of local regeneration and strategic planning; place-based regeneration that is owned and directed by local people; effective skills training for local high-GDP jobs in emerging local industries; industry relevance coupled with creative thinking; and creativity, which is the linking of ideas to technique. As my noble friend said, what is important is politics being done with communities, not to them. Every child should have access to quality green space, clean air and a creative education. Who can plan better the walking pram distance to a school than a local parent or carer?

Listening to the noble Lord, Lord Lansley, on spatial planning, my years as chair of economic development in Liverpool City Council came flooding back. I know that Liverpool City Region is looking forward to the opportunities of tourism tax, and indeed we should consider whether this will work and how it can go further. As the noble Baroness, Lady Prashar, advocated so convincingly last week, devolution done well should and can build social cohesion and inclusion. I was very pleased to hear my noble friend the Minister say that culture may be considered as a competence.

Having represented combined local authorities in the European Parliament, I have had the pleasure of witnessing how devolved strategic government can mobilise regeneration, growth and job creation, and provide better access to public services, including affordable and—I hope—accessible green transport. The only way forward with hydrogen is green. I firmly believe that no city, town or rural community should be left behind, as has sadly been the case so far. We must afford these opportunities of well-audited devolution further and create an exchange of practice between regions and sub-regions to share learning, both on what is good and on where to avoid mistakes.

Amendment 221 is technical but also practical, widening the pool from which an elected mayor can appoint a deputy mayor. Current rules tightly limit who a regional mayor can appoint as deputy: only members of their cabinet, except for exceptional circumstances—that is, the leaders of the constituent local authorities. This new clause would amend Section 107C of the Local Democracy, Economic Development and Construction Act, so that a mayor is no longer restricted to appointing a deputy mayor from among the leaders of the constituent local authority’s members of the combined or strategic authority, thus widening the pool both of choice, and, as others have said, expertise. Among the wide opportunities afforded by the Bill, I hope my noble friend the Minister will consider this.

[The Earl of Clancarty (CB)]

My Lords, I will be quite brief and will make a point of principle to start with. If something is important enough to be an additional area of competence, it should have a dedicated commissioner to go with it, which is in line with what the Government have done so far. I say that at the outset.

The noble Lord, Lord Bassam, has given us an intriguing, rather creative amendment in terms of flexibility, but I have a couple of concerns. I know that the noble Lord is an enlightened individual arts-wise, who I am sure would like to see—like me—the arts, culture and heritage thrive in the new strategic areas. But, as the noble Lord, Lord Parkinson of Whitley Bay, and I pointed out last week in the debate on my Amendment 6, not all councils are quite so enlightened. Even if every mayor was conscientious enough today to ensure that their strategic authority did everything it could for the arts, culture and heritage—I say this simply as an example of an area of concern rather than competence—there is no guarantee that those who follow would have the same commitment unless there was a statutory commitment. This is very much in line with what the noble Baroness, Lady Willis of Summertown, was saying earlier. I very much support Amendment 51A in her name, and the other amendments that she proposed as well.

[Lord Freyberg (CB)]

My Lords, I will briefly support the amendments in this group that seek to remove the cap on the number of commissioners and the appointment of special advisers. In doing so, I restate my support for Amendments 6, 10 and 51 in the name of the noble Earl, Lord Clancarty, and the noble Baroness, Lady Prashar, to add the arts and culture as an area of competence, which would allow a modest increase in the number of commissioners from seven to eight.

I fully recognise that the Government wish to maintain a coherent and settled devolution framework, to limit additional costs that such appointments would incur and to exercise caution around unelected roles. Here I entirely take the point made by the noble Lord, Lord Shipley, and I look forward to hearing the Minister’s answers to those numerous and very important questions.

I also accept the argument that further powers may be pursued within the existing areas of competence. That said, the question here is one of governance rather than architecture. A small degree of flexibility in the commissional model, as the noble Lords, Lord Bassam and Lord Bach, have argued for, would allow mayors to organise their leadership teams and their advisers in ways that reflect local priorities and circumstances without altering the framework itself.

Different regions face very different challenges: a dense metropolitan authority and a largely rural combined county authority may reasonably require different internal arrangements. For those reasons, I generally support these amendments and the flexibility they seek to introduce.