Planning and Infrastructure Bill

Lord Best Excerpts

Committee stage
Thursday 4th September 2025 Lords Chamber

[Lord Shipley (LD)]

My Lords, I will speak in support of Amendment 162 in the names of the noble Lords, Lord Lansley and Lord Best, as well as mine. As the noble Lord, Lord Lansley, has rightly pointed out, this is an issue of professional leadership. It also underpins the delivery of the Government’s objectives with this Bill.

I add my support on the importance of comprehensive training for those involved in making decisions on planning matters. There are some very wise additional proposals in Amendments 99A to 102, and the case made by all those amendments is overwhelming. Someone in a local planning authority has to manage the training process, which has to be done at a senior level. That is one reason why I support the statutory requirement for local planning authorities to have a chief planner—but there are other compelling reasons, as the noble Lord, Lord Lansley, has identified.

Yesterday in Grand Committee, there was a statutory instrument to devolve housing and regeneration powers to Buckinghamshire, Surrey and Warwickshire councils. It was most welcome, it was approved, and it is a decision by the Government in their drive to devolve more decision-making to a local level, but it will succeed only if the capacity is there to deliver the desired outcomes. That capacity relates to the number of planning officers, their status and the training they have received. As we have heard, in recent years there have been rising levels of complaints about the planning system, its complexities and its delays. As we have heard also, one major cause is the lack of qualified planning staff and the downgrading of the status of planning, given the low number of chief planning officers reporting directly to the chief executive of a local authority.

We should recognise that Scotland has, for a year, had a requirement for statutory chief planning officers to be appointed by local authorities. I submit that we should do likewise if the planning system is to be speeded up in England and if the Government are to deliver their devolution agenda.

[Lord Best (CB)]

My Lords, I support Amendment 162 in the name of the noble Lord, Lord Lansley, supported by the noble Lord, Lord Shipley. It calls for every local authority to appoint a chief planner, and I thank the Royal Town Planning Institute for championing it. I must declare various interests as I have not already contributed in Committee: I am an honorary fellow of the RTPI and a vice-president of the Town and Country Planning Association and the Local Government Association.

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Moved by

[Lord Best]

114: After Clause 51, insert the following new Clause—
“Gardens Trust to be statutory consultees for planning applicationsIn Schedule 4 of the Town and Country Planning (Development Management Procedure) Order 2015, after paragraph (zf) insert—

“(zg)

Development likely to affect historic parks or gardens

The Gardens Trust””

[Lord Best (CB)]

My Lords, the noble Lord, Lord Inglewood, had to leave, so I am moving Amendment 114 in his place, with the support of the noble Baronesses, Lady Freeman of Steventon and Lady Pinnock, and the noble Lord, Lord Parkinson of Whitley Bay. The amendment would make the Gardens Trust a statutory consultee for planning applications that are likely to affect historic gardens and parks.

In sponsoring the amendment, the noble Lord would have declared his interests, which are also his credentials. He is the owner of a listed garden of some consequence and the park around it, and he has been involved with other owners and trustees of historic and particularly important gardens and parks. He is president of Historic Buildings & Places, previously the Ancient Monuments Society, and he is a member of the Gardens Trust, which I will come back to in a moment.

The working of the town and country planning system is buttressed by the various national amenity societies, which can bring to bear their very often specialist expertise in respect of some of the most sensitive sites in the country. These national amenity societies are essentially focused on buildings, but it is increasingly recognised, not least in the many debates on place-making, and I have been part of a lot of them, that the setting of buildings may be at least as important as a building itself. This relates both to the views in and to the views out.

Equally important are open spaces, which may have no buildings at all—for example, public parks and historic gardens. Expertise in these matters is not necessarily found among the established national amenity societies or planning authorities. The Gardens Trust, which was previously called the Garden History Society, has the expertise in this area, the same as national amenity societies in relation to buildings. It has evolved its work over time as the scholarship on this matter develops. It has been suggested that these matters do not require a statutory consultee because they can be dealt with through local plans, but local plans cover only about a third of local authorities and this is often about the detail. It is the devil in the detail that matters here.

I hope it is possible for government to add another statutory consultee in respect of gardens, parks and the planning applications that are likely to affect historic gardens and parks. I believe that consultation is under way and may lead to this happy outcome, but it would be great to hear the views of the Minister. I beg to move.

[Baroness Thornhill (LD)]

My Lords, I am in a similar position to the noble Lord, Lord Best, with the noble Baroness, Lady Pinnock, who expected a 7 pm finish, having gone for a train. I will try not to make a dog’s breakfast of her notes.

I will speak to Amendments 118 and 119 in the name of the noble Baroness, Lady Pinnock. The Liberal Democrats accept the aim of the Government in their desire to ensure that decisions on planning applications are made in a considered and timely way. The proposals in the Bill appear to neglect the notion of a considered and inclusive approach to planning decisions. Planning decisions matter hugely to communities because decisions can have a lasting impact on that community. The aim must surely be to get the balance in favour of enabling decisions to be made with the communities affected. Failure to do so can lead to long and acrimonious disputes between communities and developers. I can vouch for that.

Pre-application consideration of an application supports the needs of both a developer and the community affected. Pre-application consultation is most relevant for larger domestic and commercial applications, but may be of use in small but controversial ones, and here is why: a comprehensive pre-application stage allows for issues to be identified and resolved at the earliest opportunity, preventing costly delays and complex disputes later in the process. For example, at a pre-application consultation with residents on an application for a large housing estate, residents were able to provide vital information to the developer on the siting of historic mine workings. The precise information as to the location was not available from historical records, but residents whose families had lived in the area for many years knew. The pre-application meeting saved the developer from extensive works to find the shaft.

Another major commercial application, which cost the developer more than £100 million in preparation fees, was refused on grounds that would have become very clear if residents had been consulted before the application was submitted.

The pre-application process is currently good practice, and Amendment 119 in the name of my noble friend Lady Pinnock is designed to make this a mandatory process. The pre-app should include, as the word suggests, an opportunity for councillors in the ward and residents to have details of the planned application, to ask questions and make suggestions about it—crucially, before a more formal application is submitted, when it becomes much more difficult to make changes. It empowers communities to be able to influence an application that will change their neighbourhood. This collaborative approach builds trust, ensures that proposals are fit for purpose and fosters greater public acceptance of vital infrastructure.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lords who tabled these important amendments and their two substitutes for speaking to them. I thank all noble Lords for their patience in a very long Thursday Bill session; I am grateful to them all.

Amendments 114 and 118, tabled by the noble Lord, Lord Inglewood, and the noble Baroness, Lady Pinnock, seek to designate the Gardens Trust and the emergency services as statutory consultees within the planning system. I begin by acknowledging the contributions these organisations already make across a range of functions. When you have been involved in planning, you know how important that expert advice is on significant environmental, transport, safety and heritage issues to make sure that we end up with good decision-making.

However, on 26 January the Chancellor announced a pause in the introduction of new statutory consultees, pending a broader review of the current framework. The Housing Minister subsequently issued a Written Ministerial Statement on 10 March, setting out the Government’s intention to reform the system to ensure that statutory consultees can provide timely and expert advice that supports high-quality development. The Government will be consulting on those proposed reforms shortly.

The Statement also set out our intention to consult on the impact of removing certain statutory consultees, including the Gardens Trust. This reflects a desire to streamline processes and address duplication, as Historic England already holds statutory responsibilities for higher-graded parks and gardens. This is a consultation only, and no decision will be made until we have fully considered the feedback on potential impacts.

The Government also intend to consult on their approach to the introduction of new statutory consultees, recognising that risks and responsibilities of course evolve over time. This consultation will reflect the fact that there must be a high bar to creating new statutory consultees if we are to avoid exacerbating current issues of uncertainty, bureaucracy and delay. We should be requiring consultation on a case-by-case basis only if it is not possible to address matters strategically. Input is often effectively secured through local plans, including engagement with the emergency services, such as designing out crime; and where case-by-case engagement is warranted, local authorities already have the discretion to consult these bodies on a non-statutory basis.

Furthermore, in considering potential additions to the list of statutory consultees, it is essential that the roles of existing statutory consultees should not be duplicated, and that functions already addressed through other regimes, such as building regulations, should not be duplicated either. The fire and rescue service, for instance, already must be consulted on relevant plans as part of the building safety regulations, while the Building Safety Regulator oversees and approves work for high-risk buildings. Meanwhile, the Health and Safety Executive operates a hazardous substance licensing regime and is a statutory consultee on development applications which may be impacted by this.

Finally, although we deeply value the insights provided by a wide range of organisations during public consultations, statutory consultee status carries with it a legal obligation to respond within prescribed timeframes. That is a very significant responsibility, and sometimes even existing consultees—sometimes even upper-tier councils if you are in a district council—face challenges in meeting the requirements. For this reason, we believe the threshold for granting such status must remain appropriately high.

As I have set out, we intend to consult on these matters soon. If decisions are taken to introduce new statutory consultees, this can be done through secondary legislation under existing powers.

Amendment 119 proposes that the Secretary of State consider how community consultation has been carried out when deciding whether an NSIP application should be accepted for examination. It suggests specifically that the Secretary of State must consider whether the application has sought to resolve issues, enabled interested parties to influence the project during the early phases, obtained relevant information about the locality, and enabled appropriate mitigation through consultation.

We agree that engaging communities can support applicants to improve their applications by enabling them to identify issues important to the local community, to understand the likely impacts of the scheme, and to consider potential mitigations. However, as we have seen over our time debating these clauses, we know that the existing statutory tests related to consultation do not achieve that in a proportionate way.

We know this because evidence shows that existing statutory pre-application consultation requirements, the scale and specificity of which have been unique to the NSIP regime, have led to unintended consequences. Developers, keen to avoid risk, produce overly complex documentation aimed more at legal compliance than genuine engagement. They are reluctant to adapt their plans in response to feedback, fearing that they will need to reconsult if they do so, which slows down delivery and drives up costs—which in turn frustrates the UK’s ability to plan and deliver essential infrastructure.

I remind the Committee that, since 2013, the pre-application stage has doubled in length. Our proposals could save businesses up to £1 billion over the lifetime of this Parliament by reducing delays across projects. That is why we have proposed removing statutory consultation requirements at the pre-application stage, including the adequacy of consultation test in Section 55 of the Planning Act 2008. Instead, we are introducing a clearer, more practical acceptance test: is the application suitable to proceed to examination?

This new test allows the Secretary of State to make a balanced judgment about the quality of the application and recognises that the NSIP planning process is a continuum from pre-application through to decision. I reassure the noble Baroness, Lady Pinnock, that the changes that the Government are proposing do not undermine the importance of consultation and engagement on applications, as my honourable friend Matthew Pennycook made clear in his ministerial Statement on 23 April. Applications are unlikely to be of sufficient quality to be granted consent if meaningful engagement has not been undertaken on them.

Instead of statutory requirements, the Government have now issued a consultation on guidance which will seek to help applicants understand what good engagement looks like. That consultation is open until 27 October, and we are looking forward to receiving responses. The Planning Inspectorate’s advice will also continue to emphasise the value of early issue resolution. With those reassurances, I hope that the noble Lord will feel able to withdraw the amendment.

[Lord Best (CB)]

My Lords, I hope that the noble Baroness, Lady Pinnock, is satisfied with the comments of the Minister. In relation to the Gardens Trust becoming a statutory consultee, I note that there is a review of the whole process and, indeed, of the individual components within that, and that if it is going to be possible to have a new statutory consultee, secondary legislation could take care of that. At the same time, I also noticed a certain reluctance to be enthusiastic about this amendment. We will hope for the best, and I beg leave to withdraw the amendment.

Amendment 114 withdrawn.