Planning and Infrastructure Bill

John Milne Excerpts

Consideration of Lords amendments
Thursday 13th November 2025 Commons Chamber

[Mike Reader]

I take the point. The intention behind amendment 40 is well meant: there are situations, as my hon. Friend has said, in which EDPs will not be needed and there are other ways to deal with those situations through existing legislation. Having such a finite definition in the two lines of the amendment, which people have focused on, creates what the Corry review calls the problem: adding more complexity to the process, not simplifying it.

I make no complaints about starting my career as a civil engineer and working in industry, and I am sad to hear that some of my colleagues and some of those across the House have the idea of greedy developers taking all our money and making millions of pounds in profit without ever giving back to society. I am interested to see, through this debate, the very well-funded environmental lobby. I am proud to be an environmentalist and to be on the executive committee of SERA, Labour’s environmental campaign, and I am grateful for the debate that I have had with them through this process to inform my thinking.

My hon. Friend the Member for Chesterfield (Mr Perkins) mentioned the 3% stat—that only 3% of planning fails because of nature. The truth is that the assessment would be done long before the planning process, and I am surprised that schemes have got to that point on nature, as I am by the 3%. The chances are that when going for early viability on a project, nature challenges will be looked at. The complexity and difficulty of delivering in this country, because of the way our legislation is set up and the risk entailed, means that many schemes do not go ahead in the first place. I recognise the stat that my hon. Friend has presented, but it is slightly erroneous, because when there are particular nature issues, most projects will never get to the planning stage.

It is really positive, however, to see so much brought forward by the Government—nearly 30 additional amendments—as they listen to the concerns of both Houses, to the environmental lobby and to those who build the homes we desperately need, and improve the way the law will work. There are great opportunities to support that going forward.

I will add a slight observation. Through my career, I coined the three Cs of delivery, whether I was working on the Hudson tunnel connecting New Jersey and New York; on the Peru reconstruction programme, a project that was championed by another former Prime Minister, Boris Johnson, as a great example of exporting British expertise to a country and working in partnership to deliver nature restoration, new schools and new hospitals; on airports in places such as Keflavik in Iceland; on regeneration schemes in Greece; or even on the new hospitals and prison programmes and other things that we deliver in our great country. Those three Cs are certainty, commerciality and cost—and that is what it fundamentally comes down to when delivering projects.

I am sure that everyone recognises that cost is critical. If we cannot afford it, we cannot deliver it, so we have to get cost right. At the moment, viability particularly impacts our ability to deliver homes, and this legislation will start to improve that. Commerciality is the one that I like to focus on when talking to industry, because how we deal with apportionment of risk, change and commercial incentivisation is how we get projects working well, such as the Silvertown tunnel in Newham, and how we get projects that run very badly, such as HS2 phase 1, where the commerciality is completely wrong.

The third C is certainty. That is what we have to give the market after 14 years of failure of a Conservative party that flip-flopped on housing policy, with a revolving door of Housing Ministers—we have all heard the tropes, so I will not keep going. We need certainty in the timescales around how planning works. The Bill simplifies that, making it clear how the judicial review process works and how we go through planning to give certainty to the communities that are impacted and which need those homes.

The amendments brought forward by the Lords that the Government are taking forward improve that certainty of the legal process. Even yesterday, in the Energy Security and Net Zero Committee, we heard evidence on the planning process for delivering community energy, and I am sure everyone would support more small-scale community energy. We were blown away by the complexity of planning regulation in trying to get, say, solar panels on to a community building or a small-scale district heating scheme delivered in a local community for their benefit. The scale of complexity of our planning process is such a big challenge. As well as improving certainty of the legal process, the Bill improves certainty around nature protection. The engineering design process will help us deliver more homes and protect nature.

Since coming to this House, I have chosen to add a fourth C to my three Cs: the C of courage. What I saw in industry was a Government who did not have courage and that flip-flopped on their decisions, and that meant chaos. As has been said, we have inherited a system that fails to deliver the homes that we desperately need. That political courage to do difficult things, find compromise and drive forward is what the Bill represents, and I am proud to give my backing to my Government in pushing it through and ensuring that we deliver homes for people right across our country.

[John Milne (Horsham) (LD)]

There has been great anxiety about the possible negative impacts on the environment of this legislation. Lords amendment 40 seeks to restore site specific protections for most cases where they do not involve wider issues, such as nutrient neutrality, but it has been opposed by the Government, as we have heard. Can we trust the Government to have their heart in the right place when it comes to nature versus development? We can pick up a big clue by looking at what has been happening in my constituency in West Sussex.

For the last four years, Horsham district has been contending with the complications of water neutrality, which is often wrongly confused with nutrient neutrality. It is something that applies only to my district and a couple of neighbouring areas. It concerns possible damage to a unique wetlands habitat on the River Arun, which is home to a rare species of snail and many birds. On a precautionary basis, Natural England has required a halt to any new development that would increase demand on the water supply abstracted at nearby Hardham. Natural England was wrong to impose such a draconian limit. The “not one litre more” rule prevented small businesses from building even the smallest project, and that seriously damaged the local economy.

I do not have any confidence either in the abrupt lifting of all restrictions, as happened a fortnight ago. Southern Water promised to reduce its Hardham abstraction licence by a few million litres a day, but that will not make any difference, because it never used the whole allowance anyway—it was just a notional figure set many decades ago.

The immediate crisis for Horsham is how the changes affect planning and housing development. For the past four years, Horsham has been in the ludicrous position of having to obey two totally contradictory laws. One law says that we have to build circa 1,000 houses a year. The other law says that we cannot build any houses at all if they will use extra water. That is clearly quite a challenge. As a result, we have fallen from being an authority that exceeded our housing targets, even though they were very stiff, to being one of the worst performers in the country, with a land supply of less than one year. It is literally against the law for us to obey the law.

As a result, Horsham district council has been forced to accept a series of applications that contradict its local plan and that make complete nonsense of the strategic plan-led development that the Government always profess to support. Complications around water neutrality have prevented a new local plan from being passed, and that has prevented major new environmental provisions from coming into force.

This legal nonsense has done huge damage to Horsham district and is set to do even more. The sudden lifting of water neutrality today leaves us exposed to wholly unconstrained development, which will do major damage to our environmental ambitions. It is impossible to make meaningful plans for new schools, clinics and community services to support the enormous targets that we will be forced to build when speculative developments keep going through that have none of those attributes.

Do I trust the Government to have their heart in the right place when it comes to environmental protections? No, I do not. Do I believe that they are committed to plan-led development? No, I do not. The Government are content to see holes dug all across our beautiful Horsham countryside in the hope that it might dig the Chancellor out of her own personal fiscal black hole.

I therefore urge the Minister to support Lords amendment 40, and to consider how the legislation is affecting my constituency. I invite him to meet me and Horsham district council so that we can explain that what he is doing will not just sacrifice our local environment but make the delivery of affordable housing—my overall key ambition for Horsham—harder, not easier.

[Madam Deputy Speaker (Judith Cummins)]

I call John McDonnell.