Planning and Infrastructure Bill

Lord Banner Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Lord Banner (Con)]

My Lords, I declare three interests: first, as a practising planning silk with a range of clients affected by planning and infrastructure law in different ways; secondly, as chair of the advisory committee of SAV, a developer, and director of Crossman Special Projects, a land promotion company; thirdly, Clause 12 of the Bill proposes to give legal effect to the recommendations of my independent review of legal challenges to nationally significant infrastructure projects that require primary legislation.

There is much to be welcomed in the Bill, particularly in Parts 1 and 2, and on the whole it is a step in the right direction. However, there are some missed opportunities. I hope the Government will listen to constructive proposals to improve it, and thereby further help its purpose of making the planning regime more efficient to deliver the housing and growth this country desperately needs.

I endorse the streamlining of the NSIP regime, in particular, unsurprisingly, Clause 12’s streamlining of the procedure for judicial review of NSIPs to cut down on delays caused by legal challenges. That is the only recommendation of my independent review that requires primary legislation to implement. The other recommendations require changes to the civil procedure rules, which are governed by the Civil Procedure Rule Committee. I would welcome clarification from the Minister of the anticipated timescale for implementing those other changes. My recommendations were put forward as one overall package, and it would be helpful to know when the rest of that package will be delivered. I would also welcome clarification of whether the changes to the CPR will be made in relation only to infrastructure judicial reviews or to judicial and statutory reviews in planning generally. My report looked only at infrastructure, but I do see merit—as do many others—in rolling out the reforms to cover planning reviews generally.

The reintroduction of strategic planning is a positive step. Previous experiments with extreme localism failed to appreciate that, at least in the world of planning, reliance on carrots alone without any stick is and always will be ineffective. Strategic direction is essential to make a dent in the massive nationwide shortfall in both market and affordable housing. I do not share the view of some on this side of the House that rural areas should be exempt from their fair share of delivering growth. In fact, my experience of planning inquiries promoting and indeed opposing housing in rural areas is that, when done well, it can provide a necessary and welcome boost to the local economy—the pubs, post offices, schools and so on. Without that boost, they wither away and die.

In the limited time I have, I turn to the improvements to the Bill that I would most like to see. First, an express general principle of proportionality in planning would give decision-makers, applicants, consultants and the courts reassurance that less can be more. It would also put an end to the days of environmental statements being delivered in lorries and DCO-examining inspectors asking over 2,000 written questions about a single project, both of which are real examples of the current default to prolixity that only clogs up the system and causes delay and additional cost.

The second improvement concerns the basic conditions for neighbourhood plans. Currently, neighbourhood plans do not have to conform with national policy: they must have regard to it, but, having done that, they do not need to conform with it. This presents a significant loophole in the drive for greater strategic direction. Well-resourced parish councils in the areas of greatest unaffordability can, contrary to national policy, unilaterally pull up the ladder by, for example, deeming there to be no grey belt in their area or restricting development in their area to less than is required by national policy. Mark my words, this is what will happen if the basic conditions stay as they are. A single-sentence amendment to the basic conditions would put paid to this by requiring neighbourhood plans to conform to the framework, thus putting them in their proper place within the hierarchy of plan-making.

The third improvement concerns providing a legislative solution to the difficulties presented by the Hillside judgment on the relationship between overlapping planning permissions on the same site, where later permissions are sought to modify a large multi-phase development. This is a technical point, and I cannot possibly do it justice in a short speech. I know the Minister is aware of this issue, because we have discussed it. It is a huge issue for multi-phase projects; it adds massively to their risk profile, their finance costs and their attractiveness to inward investment.

I echo the comments of noble Lord, Lord Lansley: there are a number of tools in the Levelling-up and Regeneration Act that have not yet been exercised. LURA inserted new Section 73B into the Town and Country Planning Act 1990, which went a modest way to addressing this issue by allowing for limited material amendments to planning permissions. Section 73B does not go far enough, but even that has not been commenced. I do not understand why, or why the Bill before the House could not go further and deal completely with the Hillside problems. It would make a real difference.

Fourthly, we have heard a lot about local authority resources but not very much about the Planning Inspectorate. The Planning Inspectorate is the keeper of the keys in relation to DCOs, local plans, spatial development strategies—when they come forward—and planning appeals. It is currently massively under-resourced. The inspectors are not paid enough, which is an issue in attracting the widest possible pool of people to that role. I have raised the issue of charging for planning appeals to raise money for PINS before, and I understand the block to it. There is a power to charge for appeals, but the block is that there is no ring-fencing, so if appeal fees were charged, they would go into the blob. The Bill includes ring-fencing for local authority fees, so why not put ring-fencing for the Planning Inspectorate in the Bill?

Lastly, I agree with the noble Lord, Lord Shipley, that the RTPI’s ask of statutory chief planning officers and a statutory purpose of planning would help buttress the national scheme of delegation by ensuring that officers are not unduly lent on. I support the scheme of delegation, provided that it is done properly. I appreciate that the consultation is live, but I suggest that we should see the detail before the Bill goes through. I urge the Government to consider these proposals with an open mind in Committee.