Planning and Infrastructure Bill

Ellie Chowns Excerpts

Thursday 13th November 2025 Commons Chamber

[Chris Hinchliff (North East Hertfordshire) (Lab)]

I declare an interest as a vice-chair of the Climate and Nature Crisis Caucus.

At the outset of my contribution to today’s debate on this important legislation, there are a few general points that are probably worth reiterating. There need be no conflict between house building and nature; the real conflict is between greed and the sort of country we want to build. After 20 years of planning deregulation, time and again we see profiteering trumping public need and the protection of the countryside; cost cutting where communities deserve quality; and low-density, high-price housing while families wait for council homes.

Since we last debated the Bill in this place, Key Cities has published a very useful report, which highlights that in a survey of its members, only 6% cited the planning system as the primary obstacle to house building. More than twice that figure pointed to developer delays, so I hope that we will shortly see similarly major Government legislation to tackle the profiteering developers that are blocking the delivery of genuinely affordable housing in this country.

The recent announcement of plans for towns built within a new forest shows that good development and nature recovery can go hand in hand, and we must go further. A democratic programme of mass council house building could easily avoid the clashes that so often mark the developer-led system. What is needed are well-funded councils with the power to assemble land and identify the best sites for new homes—building not grey estates that are shaped by the defeatism of low expectations, but cohesive, thriving communities that are built for life to flourish. That is the solution to the housing crisis and would create a country that puts people and nature before profit.

I welcome the several important amendments tabled by the Government in the other place. In my view, the most important is the stronger overall improvement test for nature recovery, which I campaigned for on Report. It is very good news that these amendments have substantially allayed the concerns of the Office for Environmental Protection. Nevertheless, it is clear that environmental experts and conservationists continue to have some concerns, which the other place has sought to address through Lords amendments 40 and 38 in particular.

Our Labour Government were elected on a clear manifesto promise to reverse the nature crisis in this country, so it is essential we get this right. That is particularly urgent for our endangered species and irreplaceable habitats, including chalk streams such as the Rib, Beane, Ivel and Mimram, which criss-cross North East Hertfordshire and bring joy to so many people’s lives. I genuinely welcome the comments that the Minister has made to allay the concerns of nature experts, and I will dedicate my remaining time to a few short questions that I hope he can address in his wind-up.

First, given the need for legal certainty, can the Minister confirm that the overall improvement test will guarantee that irreplaceable habitats and species cannot be covered by EDPs, and if so, will the Government set out a list of environmental features that they consider would be irreplaceable?

Secondly, can the Minister confirm whether any EDPs are currently under consideration or development by Natural England, or proposed by the Government? If so, will any of them be affected if Lords amendment 40 remained part of the Bill?

Thirdly, will the Minister give confidence to the many constituents of North East Hertfordshire worried about potential impacts on the wildlife we love by once again putting on record that the Government recognise the difference between diffuse landscape issues such as nutrient pollution, where strategic scale action is best suited for nature restoration, and protected sites and species that cannot easily be recreated elsewhere?

Fourthly, given the widespread interest in this Bill shown by many of our constituents and by the wider nature sector, will the Minister consider providing further transparency and accountability through a Government amendment in lieu of Lords amendment 40 to ensure parliamentary approval of EDPs beyond diffuse issues such as air, water and newts?

Fifthly, given that the “Catchment Based Approach” annual review published this autumn found that a third of chalk streams do not have a healthy flow regime, that over-abstraction due to development pressures is one of the main threats facing these crown jewels of our natural heritage and that there are currently no planning policies specifically protecting chalk streams, can the Minister set out in more detail how the Government foresee planning authorities being able to direct inappropriate development away from struggling chalk streams within the process of setting spatial development strategy plans, and would he consider opportunities for this through regulation, if not through the Bill?

Sixthly, will the Minister provide further certainty from the Dispatch Box about ensuring that chalk streams are specifically added to the national planning policy framework as an irreplaceable habitat, and will he set out when this might happen given that an update of those provisions has been delayed since 2023?

Seventhly, as one reason put forward for Lords amendment 40 is that it would mitigate concerns about the weakening of the Protection of Badgers Act 1992, what reassurances can the Minister give my constituents that these iconic animals will not be at risk from widespread licences to kill in EDPs paid for by developers in the absence of Lords amendment 40?

Eighthly, can the Minister confirm whether the Government have assessed the potential impact of proposed biodiversity net gain exemptions on the private finance for nature markets that will be essential for the delivery of EDPs?

Ninthly and finally, can the Minister reassure those who have raised concerns that the current legislation may allow money committed to the natural restoration fund to be redirected to other purposes?

[Dr Ellie Chowns (North Herefordshire) (Green)]

Madam Deputy Speaker, you will know that I like to start on a positive note and by looking for common ground, so I will begin by recognising and welcoming the fact that the Government have made some concessions in the other place on this Bill, which is a positive step. Unfortunately, I have to disagree with the Minister’s claim that this is a win-win for nature and housing, and express my continued concern that the Bill, especially part 3, has not had the full reconsideration it needs to ensure we have a genuine win-win. The reason, unfortunately, is that the Government seem to be stuck in the view that there is a zero-sum game between nature protection and house building. That is wrong and unhelpful; it is a complete misconception. Despite making some concessions, the Government lost a lot of trust among the general public by claiming at the outset of the Bill’s progress that they would do no harm to nature protection. The Government were forced to reconsider and recognise, not least by their own official adviser, that that was not in fact the case.

--- Later in debate ---

[Dr Chowns]

Does the hon. Gentleman recognise that there are many hundreds of thousands of homes sitting empty around the country and that this Bill will not do anything to address that issue, which could go a very long way to addressing the problems of homelessness that he claims to worry about?

[Mike Reader]

The hon. Lady is completely right that there are lots of empty homes. I am sure that there must have been some amendments tabled by the Greens that I have missed, and that they have been constructive and worked with Government to address that issue through the Bill.

Working cross-party is what I have always tried to do in this place. I am proud to chair the all-party parliamentary group for excellence in the built environment and the all-party parliamentary group on infrastructure and, even though the Minister and I do not always agree with the membership of the group—I have to say, some of the members do take unwarranted and quite grotty shots at the Minister—I am proud to chair the Representative Planning Group with Simon Dudley, the treasurer of the Conservatives.

I am pleased that the Government have recognised a point that I raised on Second Reading that solving the housing crisis will take action from the whole Government. The Bill is part of it, but there are many other things that we need to do to fix the mess that we inherited. I am also reassured that concerns that I and others raised on Second Reading around how EDPs will work have been recognised, particularly in some of the latest amendments, as well as by the Minister’s comments on how brownfield will be dealt with, which is so critical.