Planning and Infrastructure Bill

Lord Blencathra Excerpts

Committee stage
Thursday 11th September 2025 Lords Chamber

Moved by

[Lord Blencathra]

146: Clause 52, page 73, line 24, at end insert—
“(6A) A spatial development strategy must—(a) list any rivers or streams identified in the strategy area,(b) identify the measures to be taken to protect any identified rivers or streams from pollution, abstraction, encroachment and other forms of environmental damage, and(c) impose responsibilities on strategic planning authorities in relation to the protection and enhancement of chalk stream habitats.”Member’s explanatory statement
This amendment would require a special development strategy to list any rivers and streams in the strategy area, outline measures to protect them from environmental harm, and impose responsibility on strategic planning authorities to protect and enhance chalk stream environments.

[Lord Blencathra (Con)]

My Lords, I rise to move Amendment 146 and speak to Amendment 354 on behalf of my noble friend Lord Roborough. Amendment 146 would require spatial development strategies to list any rivers and streams within their areas, to outline specific measures to protect them from environmental harm, and to impose a clear responsibility on strategic planning authorities to protect and enhance chalk stream environments. Amendment 354 would designate a river or stream as a protected site. Amendment 147, in the name of the right reverend Prelate the Bishop of Norwich, similarly requires spatial development strategies to specifically identify chalk streams within their areas.

Amendment 152ZA, in the name of my noble friend Lady Hodgson of Abinger, seeks to ensure that animal welfare is explicitly considered when spatial development strategies are produced. This amendment responds directly to the concerns raised by the Government’s Animal Sentience Committee in its June letter to Ministers, which highlighted that the Bill as drafted does not pay due regard to the welfare of sentient animals. It is crucial that our planning framework acknowledge and integrate animal welfare as a key consideration alongside environmental protections.

These amendments are vital. They recognise the urgent need for bespoke protections for our rivers and chalk streams, which are not only key environmental assets but are deeply woven into our national heritage. I am grateful to see many noble Lords across the Committee expressing the same concerns and recognising the unique value of these precious water courses.

I will also speak briefly to Amendments 148 and 150, in the name of the noble Baroness, Lady Grender, and Amendment 178, in the name of the noble Lord, Lord Teverson. Amendments 148 and 150 seek to ensure that spatial development strategies include explicit policies to protect chalk streams and take proper account of local wildlife sites. Amendment 178 would ensure that local plans align with the land use framework and local nature recovery strategies. Chalk streams are not merely beautiful and iconic features of our landscape; they are symbols of our natural and cultural heritage. Often described as England’s rainforests, they are globally rare, ecologically rich and uniquely vulnerable, yet they face increasing threats from development pressures, pollution, over-abstraction and the escalating impacts of climate change.

Tragically, none of England’s rivers, including our chalk streams, currently meets the standard of good overall ecological health. This Bill offers a significant opportunity to embed the bespoke protections identified by the CaBA Chalk Stream Restoration Strategy directly into our planning system—protections that these rare waterways so desperately need. The Planning and Infrastructure Bill should ensure that growth is paired with stringent protections for these vital habitats, especially given that, across the south and east of England, chalk streams are already heavily impacted by over-abstraction and wastewater outflows.

In conclusion, can the Minister say what assessment has been made of the Environment Agency’s 2024 event duration monitoring dataset, particularly regarding the role of chalk streams in achieving the Environment Act’s targets to restore our precious waterbodies? I look forward to her response, and I beg to move.

[Baroness Parminter (LD)]

My Lords, I rise to speak to Amendment 147 in the name of the right reverend Prelate the Bishop of Norwich and Amendment 148 in the name of my noble friend Lady Grender, both of which deal with the issue of chalk streams, which has been well touched on by the noble Lord, Lord Blencathra. I give the apologies of the right reverend Prelate the Bishop of Norwich, who is unavoidably in Papua New Guinea on a diocesan link meeting. If he were here, I know that he would wish to thank the noble Earl, Lord Caithness, and the noble Viscount, Lord Trenchard, for their support for his amendment.

There are many noble Lords in this Committee who know a lot about chalk streams. It was interesting to hear the Minister last week say that she knows about them because she has a chalk stream in Stevenage. They are globally significant, and their pristine water conditions and stable temperature are home to some of our most endangered species, including water voles, the long-clawed crayfish and kingfishers, so they really need our protection. I will not go into the issue of where the protections come from, because that was covered so well by the noble Lord, Lord Blencathra.

When this issue was raised in the Commons, the Minister said that these additional protections were unnecessary. I contend that that is the wrong approach. The reasons the Minister gave in the Commons for it being unnecessary to have these additional protections in spatial development strategies were, first, that protection was provided in local nature recovery strategies. For those of us who are familiar with chalk streams, we know that they cross counties, and local nature recovery strategies are specific to individual areas. LNRSs therefore cannot deliver the protection that chalk streams need to cover that cross-county boundary.

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On Amendment 152ZA, it is unnecessary to add a requirement that strategic planning authorities have regard to the effect of their proposed spatial development strategy on animal welfare. Animal welfare is not generally considered a strategic planning issue. Further, if a strategic planning authority felt that animal welfare issues were of strategic importance because of its area, it could consider policies relating to the use and development of land as it affects animal welfare under the terms of Clause 52, which will insert new Section 12D(4) into the Planning and Compulsory Purchase Act 2004—although I think such a conclusion seems unlikely. However, I will be happy to look at the non-legislative options the noble Baroness suggested, and I am sure my noble friend the Minister for Defra and I will be happy to meet with her to discuss those. Therefore, I kindly ask the noble Baroness not to press her amendment.

[Lord Blencathra (Con)]

My Lords, I am grateful to all noble Lords who have spoken today with such clarity, conviction and genuine concern for the future of our environment. All their speeches were thoughtful, constructive and rooted in a shared desire to see our planning system deliver not only growth but lasting stewardship of our natural heritage. I am particularly grateful to my noble friend Lord Roborough for bringing forward Amendment 146, and to the right reverend Prelate the Bishop of Norwich for Amendment 147. Both amendments highlight the special importance of our rivers and in particular our chalk streams—an issue that has clearly resonated across all Benches.

If the Minister and the Government do not wish to take on board all the excellent contributions from this side, perhaps she will take on board the contributions from her noble friends. The noble Lord, Lord Berkeley, spoke about the importance of chalk streams. The noble Baroness, Lady Young of Old Scone, may deny being a world expert but we all know that she, possibly followed only by my noble friend Lord Goldsmith, are the two top experts in this House on all aspects of biodiversity. The noble Baroness has signed Amendment 178 from the noble Lord, Lord Teverson, which calls for local development plans to pay attention to local nature recovery strategies—that is absolutely right; they are key. Local nature recovery strategies would inevitably include chalk streams, so I suggest that, by implication, the noble Baroness is entirely in support of what we are saying about protecting chalk streams, just as I completely support her in protecting ancient woodlands.

I should say to the noble Lord, Lord Teverson, that there are 48 local nature recovery strategies. I think only four have been announced at the moment, maybe five, Greater Manchester Combined Authority’s being the last one. So there are about 44 still to go, but Defra hopes that they will all be concluded by the end of this year.

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This is a very important issue in terms of the planning procedures. I am trying to find out from the Government, in this probing amendment, how they intend to make sure that transparency is maintained, that there is a consistency and that councils once again are confident to be as transparent as possible. Clearly, it is important that certain personal details are redacted in terms of GDPR and how the Information Commissioner wishes this system to work. It should not get in the way in terms of procedures, understanding where individual cases have got to, particularly in enforcement, and in ensuring that we have consistency and less concern that there will be a liability on local authorities and council tax payers if this very extreme position is kept. I would like to hear from the Minister how this can be reconciled, so that we get that transparency and confidence back into the planning system, particularly in the enforcement space.

[Lord Blencathra (Con)]

My Lords, I support Amendment 185, tabled by my noble friend Lady Coffey.

Only about half a dozen noble Lords in the Committee at the moment have previously served as Members of Parliament. From my own experience, there is nothing more annoying as an MP than to find constituents writing to you about some planning development that you know nothing about when other stakeholders have been notified. The Member of Parliament must then ask the council, the Government or the agency what the issues are about before forming a view on it and either supporting the constituents’ concerns or not. Constituents simply do not understand why MPs are not already in the loop. That diminishes their status when it seems that every other Tom, Dick and Harry has been on the stakeholder consultation list.

I appreciate that this amendment is narrowly focused, with a much smaller range of stakeholders. However, the issue here, as my noble friend has said, concerns nationally significant infrastructure projects, where the Secretary of State is the decider. Therefore, while MPs might not be on the general planning consultation list, it would be reasonable for them to be on the list for these nationally significant infrastructure projects. The principle is the same. That is why I support the amendment in the name of my noble friend Lady Coffey.

[Lord Mawson (CB)]

My Lords, before I speak to my Amendment 185SG, can I thank colleagues from all parties across the Committee who have supported me, including the noble Lord, Lord Hunt of Kings Heath, who is in Birmingham today?

I declare my interests relating to this amendment. I am the chairman of the 360 Degree Society. This is a national social business that is applying the lessons learned from over 40 years of practical work in east London to community developments across the UK. Today, my colleagues and I are focusing on integrated development and placemaking, with business, public and social sector partners. The relevant business partners for this amendment include Barratt Redrow, Kier Group, Morgan Sindall Group, HLM Architects, the NHS and various local authorities.

This amendment is aimed at preparing the ground for and supporting the Secretary State for Health Wes Streeting’s 10-year plan for the future of the health service as he seeks to move services out of hospitals and into the community. It is my view, and that of my colleagues with many years of experience, that the health service needs to get upstream into the prevention agenda and move services out of expensive hospitals and into the community. This Planning and Infrastructure Bill is about not just housing but building truly joined-up places and cultures, where families want to live and where communities can thrive. It is my experience that the built environment and culture are profoundly connected. We really are the places that we live, work and play within.

Many of our inner cities and their fractured communities show the social costs of getting this wrong. This Bill and this amendment provide us with an opportunity to nudge the right direction of travel in a practical way, and it comes at a crucial time. So many previous attempts by government departments to encourage a more joined-up approach to development at a macro level have failed. I suggest that the opportunities to join the dots that make a real-world difference are in the micro, at place.

This amendment seeks both to support the Government’s desire to build 1.5 million homes and to ensure that we learn from the mistakes of the past. We need to create more joined-up services and communities and move beyond rhetoric into practice.

I could take noble Lords to so many places across the country where services are literally hiding behind their own fences and are not joined up, either physically at place or structurally in a co-ordinated operating culture. The main players barely know each other on the same street, yet they all work with the same families. This is an expensive disaster that continues to replicate. It needs to stop.

In new developments, we are still witnessing on the ground a fragmented health and community infrastructure. Not only are they not creating a sense of place but they are in danger of unintentionally repeating many of the same mistakes of large-scale housing developments of the past. We could be in the 1960s or 1970s: soulless housing estates, created by both the private and public sectors, that generate well-documented social and economic problems over time. Local communities need a soul and beating heart at their centre.

In the modern world, health is everybody’s business. It is no longer a matter for just the medical profession. The focus now rightly needs to be on the social determinants of health. We urgently need to build more joined-up social and health developments in local communities and neighbourhoods. In front of us is a real opportunity, as this Government commit themselves to building 1.5 million homes, to rethink the social, health and welfare infrastructure in these communities, and to bring together housing, health, education, welfare, and jobs and skills, truly encouraging innovation and more joined-up approaches.

Lots of research out there gives endless data on why all this makes sense; we just need to start doing it. One housing association’s social prescribing programme supported 277 people and reported a 90.8% change in their well-being. Mixed-use developments that blend residential, commercial, health and recreational spaces stimulate local economies by attracting businesses, creating jobs and prosperity. This research shows that the proximity of services encourages residents to shop and dine locally, creating a self-sustaining economic ecosystem. Siloed housing schemes are not only less effective but more expensive in the long run.

This amendment seeks to encourage closer working relationships between the public, private and social sectors so that, in this next major building phase, we actively encourage innovations, best practice and greater co-operation between these sectors. We cannot force people to work together, but we can actively encourage them to do so. We need to create learning-by-doing cultures across the country, which share best practice, as we set out on this new, exciting journey of housebuilding and infrastructure.

This amendment is a first attempt to find a form of words that encourages greater co-operation at place between the place-makers. The wording is not perfect and I am sure we can improve it, but it allows us to have a cross-party debate about the siloed machinery of the state that is not delivering the change that people want to see and experience. Very good people from different political parties have attempted, over the years, to mend these disconnects at departmental level. I have worked with many of them and this has proved really difficult to do. This amendment offers a simple, practical solution that encourages a direction of travel and a clear steer to practitioners and people of good will on the ground.

In my experience, what really counts when it comes to innovation and change is not diktats from government or more process and strategy, but transparent, joined-up, working relationships between partners involved on the ground. The siloed world of government is increasingly not fit for purpose and is daily hindering the very relationships we now need to bring together and help flourish.

The 360 Degree Society, which I help run, has a proven methodology that is enabling co-operation between major parties involved in place-making from the public, business and social sectors, and residents. There seems to be a consensus around what Wes Streeting is proposing for the future of the health service. We are at a moment where the players in local authorities, the NHS, the social and private sectors and housebuilders want to build a more joined-up world. We have all talked about joining up services and cultures; this amendment provides a practical next step on this journey.

Some of this is about ensuring that community infrastructure is an integrated part of large-scale developments and is created early on, rather than the last element to be built, but also that a much wider range of partners are involved in creating high-quality new places where people are healthy and can thrive and prosper. The 360 Degree Society, which I lead, has created a social value toolkit to explore the practicalities of how to do this. To take just one example, we suggest getting beyond the often confrontational, usually purely transactional approach between developers and local authorities and special interest groups to get to a place where there is a genuine commitment and endeavour to agree a shared vision for the place.

Our experience suggests that this is partly achieved by surprisingly straightforward changes, such as developing human relationships between key players and focusing on them. When we get to know someone, rather than just reading their papers and emails, it is surprising how often a way forward can be found. Relationships with the key players, rather than consulting and engaging absolutely everyone, are part of a way forward we suggest. The purpose of this amendment is to help create the appetite and desire to encourage colleagues to take this approach and encourage innovation in this space.

I was in east London recently, in a multi-million pound development. I was met by an African mother with two rather beautiful children. Hundreds of millions of pounds have been spent; the health centre is at one end of the estate, the community building at another, the nursery somewhere else and the school somewhere else. She described how her child was already picking up needles in the play area and she showed me a small video of two youths outside the housing association office jumping into a van and stealing the contents. The culture was already starting and I can imagine this mother already wondering—these estates need strong families —whether she was going to stay.

Let me briefly share with you a practical example of what success looks like in practice. My colleagues and I do not like papers; we tend to build practical examples with partners. In 2007, I was asked by Christine Gilbert, then CEO of Tower Hamlets Council, who went on to run Ofsted, to lead what became a multi-million pound development in Tower Hamlets, following a murder and considerable violence between two warring white and Bengali housing estates. The details of this development are in Hansard, because we debated it in the levelling-up Bill, but the basic points are: you had a failing school with a fence; next door, a failing health centre with a fence; attempts to build 600 homes that had spent £3 million on schemes, with not a flat built; and two warring communities, one Bengali and one white.

My colleagues and I spent time building relationships with local residents and with the local authority, the NHS and the housing association—top, middle and front line. We started with no investment and we have rebuilt a £40 million school; a £16 million health centre; 600 homes, with 200 for sale; and now a new primary school. In June, Professor Brian Cox and I did our 13th science summer school, and he led a masterclass at the end of the day; this school had involved 695 children and, at the end of the day, a group of them in a masterclass debated quantum physics—an extraordinary experience.

What were the lessons learned? First, it was not about structure but about people and relationships—

[Lord Mawson (CB)]

I am just about to finish. The noble Lord, Lord Crisp, told us on Tuesday that there is a rising tide in this space. My suggestion is that we all need to grasp the moment or we will lose it yet again. The foundation stones need to be laid now. Let us take the first step together. I beg to move.

[Lord Blencathra (Con)]

My Lords, I apologise to the noble Lord, Lord Mawson, and the Committee for jumping ahead of him in speaking to my noble friend’s amendment. I had not clocked that he was due to speak and that it was his amendment. I apologise for my discourtesy.

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[Baroness Coffey (Con)]

My Lords, I am very supportive of the amendments tabled by the noble Baroness, Lady Young of Old Scone, and co-signed by my noble friend Lord Roborough. I would actually encourage the noble Baroness to retable Amendment 242A, if she is allowed to, because I do not think we will have deliberated on it—I am sure the Public Bill Office can advise—and it will work well, as she says, next week.

On Amendments 185F and 185G, the noble Baroness made a very good point. This is one of my wider frustrations with aspects of people using certain things, certain regulations or “the nature” as an excuse. As the noble Baroness has well laid out, quite often it can be a factor: there are things that can change—rulings and decisions about licensing. The abstraction of water is one example I have used before when talking about the impact—that happened at Sizewell C. Nevertheless, one of my wider points would be that, if you really want to accelerate a lot of infrastructure, do not start planning to build stuff in a place that has already been designated as the most important for nature in this country; find somewhere else, and think it through. One reason why quite a lot of people move to certain places in the country is that they are beautiful, environmental places. I do not want to go over Sizewell C, and I will keep to the point of the regulation, but this is really a way to future-proof and to get a lot of this infrastructure flowing.

There are things that we could get into about which species are the right ones to consider in habitat regulations; there are other debates forming about whether we should look after only things that are really at risk. That does not necessarily work. We have already heard today about the importance of global biodiversity and chalk streams, but I think this is a very useful amendment.

I am glad that we are doing at least part of the debate today, because it will give the Government time over the weekend to think about whether their modest proposals in revising Part 3, which are welcome, really go far enough to help local communities, local developers and local councillors so that we can move forward. By getting rid of some of these unnecessary arguments, we would have the homes and the development that are much desired, and we would still have places, right around our country, that are special for nature and special for our planet.

[Lord Blencathra (Con)]

My Lords, I am delighted to support the noble Baroness, Lady Young of Old Scone, on Amendment 185F, tabled by her and supported by my noble friend Lord Roborough. I do not need to talk at length, because the noble Baroness has set out excellent arguments for progressing this and other amendments. She said that this is one of the most important amendments in the Bill, and she is right. We are touching on it today in advance of next week, when we will discuss this and similar improvements.

The noble Baroness has set out a simpler solution than the massive bureaucracy created in Part 3. Part 3 and the EDPs are a massive sledgehammer to crack the nut of nutrient neutrality. With the amendments that we will discuss next week in addition to this one, we can offer the Government a simpler solution than the EDP monolith. We need to tackle the problems of nutrient neutrality and will address some of the amendments next week.

Amendment 185F would require local planning authorities to consider compliance with the habitats regulations and to conduct full environmental impact assessments on sites that are proposed as suitable for development. As my noble friend Lady Coffey said, let us plan this in advance—do not wait until developers come along to put in a planning application and then discover that they are trying to do it in the wrong place. This is not about adding a new layer of bureaucracy; on the contrary, it is about moving necessary assessment upstream to where it can do the most good.

Too often, local plans identify sites for housing or infrastructure which turn out to be wholly unsuitable when subjected to proper ecological scrutiny. By then, the damage is done: developers are frustrated, communities are confused and valuable habitats are placed at risk. This amendment from the noble Baroness would support local authorities to screen out inappropriate sites early, giving greater certainty to developers and the public. It would also help to ensure that sites allocated in the plan were truly deliverable. It is, in short, a sensible and proportionate proposal, reflecting long-standing principles that plan-making is a stage at which big environmental choices should be made and that doing so reduces conflict and costs later on. I hope the Minister will take the advice of our friend, the noble Baroness, Lady Young of Old Scone. As I said earlier, she is an expert on this matter, no matter how much she may deny being a world expert.