Planning and Infrastructure Bill

Lord Blencathra Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Baroness Grender (LD)]

First, I would like to associate these Benches with the best wishes sent to the noble Baroness, Lady Hayman. I hope she is better soon. One or two of us spotted her attempting to struggle in this morning. The Minister here has had to take up a whole raft of amendments on which she was not expecting to lead at the start of today. We thank her for picking this up.

This is a comprehensive suite of technical amendments, and we are wrapping our heads around it. As firm federalists, we obviously welcome the consultation across borders, particularly in Amendments 145 and 133, mandating specific consultation requirements on Natural England. Proper cross-border consultations are the baseline requirement for sensible environmental policy. We will watch with some care with regard to marine and coastal access. The required removal of existing environmental checks suggests to us that the EDP framework risks some kind of weakening of protection.

We welcome the suite of amendments to Schedule 6 to explicitly amend the Conservation of Habitats and Species Regulations 2017 to treat Ramsar sites more like European sites, requiring an appropriate assessment for plans or projects situated wholly in England that are likely to have a significant effect on a Ramsar site. Extending statutory protections to these internationally important wetlands is a move towards a more robust nature safeguard. On the whole, we welcome this suite of amendments, but there are one or two that we will watch.

[Lord Blencathra (Con)]

My Lords, I too wish the noble Baroness, Lady Hayman, a speedy recovery. We both endure long journeys on the west coast main line with Avanti, and that is enough to make any of us ill on any occasion.

As we have said throughout the passage of this Bill, Governments should not, as a rule, introduce amendments to their own legislation that are not in response to scrutiny of the Bill. We have been disappointed by the Government’s approach to this Bill and, as many noble Lords have said, there is a reason for our procedures in this House. Amendments should be debated in Committee, wherever possible, before the House is asked to make a decision on them on Report.

The amendments in this group mostly relate to circumstances touching on the devolved regions of the UK. We understand that these changes have been discussed with the devolved authorities and are content with them. The only area where we have particular concern is the government amendments in respect of protections for Ramsar sites. My noble friend set out the Official Opposition’s view in an earlier group, so I will briefly say that we do not think the Government are right to introduce Clause 90 and Schedule 6 through this Bill, as they will effectively block new homes rather than unlocking development.

[Baroness McIntosh of Pickering (Con)]

My Lords, one of the amendments—which I now cannot find the number of—substitutes all Ramsar sites with “certain Ramsar sites”. Can the Minister clarify why certain Ramsar sites are being excluded whereas before all Ramsar sites were within the scope of the Bill?

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[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Randall, and indeed everyone who has spoken in this group.

I will be very brief, starting with Amendment 246, to which, as the noble Baroness, Lady Freeman, said, I have attached my name. I heard some expressions of shock around me when the noble Baroness said that there were 30 million bird strikes a year. That is 30 million deaths. This is from the British Trust for Ornithology. The estimate is 100 million bird strikes—the 30 million is the immediate deaths. Some of the strikes are where the birds suffer the fate the noble Baroness, Lady Freeman, set out, where they get trapped and who knows what happens to them in the longer term. Flying at full speed into a window is not good for you, even if it does not kill you.

Around the world the figures on this are in the billions. We are as a species “care-less”—and yes, Hansard, I am putting a hyphen in there. We are not taking care. Yet, as the noble Baroness, Lady Freeman, said, lots of countries are at least doing much better than us. We often hear Britain talked about as a nation of animal lovers and bird lovers. We have the twitchers out there chasing some rare species that has turned up. Surely we can take this modest measure of Amendment 246. The noble Baroness, Lady Freeman, has listened to what the Government have said and adapted it accordingly. This is what we are supposed to do.

My noble friend Lady Jones of Moulsecomb has attached her name to Amendment 140. I had a much stronger amendment in Committee which I did not bring back because I was leaving all the small, modest ones that the Government could agree to for Report. I suggested that we should be building the entire fabric of buildings to care for nature. I spoke about a museum exhibit that is working in that direction. I have no doubt that we will have to get to that, but how bad will the state of nature be before we get to that point, and how hard will the recovery be?

I very much support the amendment tabled by the noble Baroness, Lady Coffey, but pick up on what she said about new ponds. We are seeing in some parts of the country, in a limited way, the restoration of “ghost ponds”, which can be up to 1,000 years old. If you carefully excavate them, knowing what you are doing and having done the lidar survey, you can get seeds that are 1,000 years old germinating in the original pond conditions when it has been restored. In East Anglia, there are 22 ponds where this has been done, and 136 species, all thought to be from historic seeds, have come up in those ponds. Making this a way in which we can let these ponds free is a win-win.

[Lord Blencathra (Con)]

My Lords, I thank all noble Lords who have spoken in this group. On this side, we share the passion that has been expressed across the House for a biodiverse and environmentally rich country. The proposals brought forward here are all rightly focused on boosting habitats for species and promoting nature. We agree wholeheartedly with that objective, which is shared among noble Lords on all Benches. The Government will resist these amendments at this stage, but we hope that these constructive proposals will be considered carefully by Ministers and their officials ahead of the planned nature Bill, which we are told to expect later in the Parliament.

I will make a few short personal comments which are relevant to the Bill. In our little, deliberately overgrown garden up north, we have five hedgehogs—because we have five hedgehog houses. I spend a fortune on five-litre drums of mealworms. I would say to the noble Lord, Lord Krebs, if he was in his place, “Provide the habitat and the food and you will get nature back”.

As far as bird strikes are concerned, on Amendment 246, some of the proposals there might seem expensive. However, I found that spending £5 on some stickers to put on the window glass stopped overnight 100% of bird strikes where birds were flying into the glass because of the reflection from the trees in the garden.

My final observation is that I despair every week, going back up north and finding yet another little garden being dug up and paved over. That removes the chance for the hedgehogs to get their slugs from the flowerbed and there is no grass for the blackbirds to dig up the worms from. These are personal observations, but they are relevant to the important amendments before us today.

I mentioned the nature Bill. Can the Minister give a timetable for the Government’s plans to introduce a nature Bill? When can we expect it to be introduced? Will there be an opportunity for pre-legislative scrutiny on the planned Bill? I hope that the Minister can give us a little clarity on that.

[Baroness Taylor of Stevenage (Lab)]

My Lords, we recognise that many of our most precious species are in decline, and we are clear that we need to restore the health of our ecosystems.

I thank the noble Baroness, Lady Grender, for her amendment, which seeks to enhance biodiversity in new development. However, as I set out previously, this is not about what we are doing but about the mechanism for doing it. That is where we have an issue. We do not believe that the use of building regulations is the best way of achieving our shared ambition, given that they are used primarily for human health and safety. As I have explained, expanding their scope to deliver unrelated environmental objectives risks weakening their clarity and efficacy and introducing delay and further complexity.

The planning system already sets out to support biodiversity and achieve nature recovery alongside the delivery of homes and infrastructure. Since 2024, subject to certain exceptions, biodiversity net gain has been mandatory for new planning permissions to achieve at least 10% net gain in biodiversity value. This is a significant step towards achieving our biodiversity targets set through the Environment Act. As we have set out previously, planning policy is clear that opportunities to improve biodiversity in development should be integrated as part of the design, including wildlife-friendly features. We will be consulting on a new requirement for integral nest boxes which can support a range of cavity-nesting birds, including swifts, starlings and house sparrows. Additionally, planning guidance such as the National Model Design Code and Natural England’s green infrastructure framework supports decision-makers to select design elements which suit individual proposals, including green roofs and walls, hedgehog highways—mentioned by the noble Baroness, Lady Freeman—bird bricks and bird and bat boxes. These can be used by local councils as a toolkit to set local design expectations. I hope therefore that the noble Baroness, Lady Grender, can withdraw her amendment.

I thank the noble Baroness, Lady Coffey, for tabling Amendment 203A. However, as mentioned in the previous debate on a similar amendment, the Government cannot support the introduction of a new permitted development right for ponds as an amendment to this Bill. We continue to recognise that ponds can deliver important biodiversity benefits, and we do want to encourage them in the right location. We also note the benefits of ponds for farmers in providing valuable sources of irrigation during dry periods. However, it remains the case that changes to permitted development rights are brought forward through secondary legislation as amendments to the general permitted development order. Such changes generally follow public consultation to ensure that the views of the public, including those who would benefit from the rights created, are taken into account. Consultation also allows for consideration of any potential impacts of the proposal and consideration of how these might be mitigated.

There are also existing permitted development rights which do enable the creation of ponds where appropriate. For example, under an agricultural permitted development right, farmers can create ponds and on-farm reservoirs, subject to certain limitations and conditions to manage and control their impacts. Home owners can also create new ponds in their gardens under householder permitted development rights, again subject to certain limitations and conditions. This amendment seeks to provide a national grant of planning permission for ponds across the whole of England, regardless of whether one would be appropriate in a particular location, such as on land used for public recreation or in an area where it could increase flood risks. To ensure that ponds are appropriately located, there are circumstances where a planning application is appropriate. We therefore cannot support the amendment. However, as always, we continue to keep permitted development rights under review. For these reasons, I would kindly ask the noble Baroness not to press her amendment.

Turning to Amendment 246, I recognise the desire to reduce bird fatalities that result from collisions with buildings, and I am very grateful to the noble Baroness, Lady Freeman, for meeting with me ahead of this debate to discuss her interest in ensuring that new buildings are designed to reduce bird fatalities. Amendment 246 seeks to ensure that buildings incorporate features to reduce bird fatalities, particularly through design and the use of bird-safe glass, by embedding bird safety within the National Planning Policy Framework. The NPPF is already clear that planning policies and decisions should contribute to and enhance the natural and local environment, and that opportunities to improve biodiversity in and around development should be integrated as part of the design.

When determining planning applications, local planning authorities should apply the principle that, if significant harm to biodiversity resulting from the development cannot be avoided, adequately mitigated or, as a last resort, compensated for, planning permission should be refused. Supporting guidance such as the National Model Design Code and Natural England’s Green Infrastructure Framework demonstrate how well-designed places can foster rich and varied biodiversity by facilitating habitats and movement corridors for wildlife. Local design codes allow local authorities to set their own rules for high-quality places. I am very happy to consider what more can be done to promote the kinds of features that can help species safety that the noble Baroness has outlined. However, amending the NPPF to state that all new and refurbished developments should incorporate measures to prevent bird fatalities, such as bird-safe glass, would extend the reach of planning considerably beyond the extent of current controls and would likely increase construction costs and design complexity, ultimately constraining the delivery of the housing and infrastructure we so desperately need.

In addition, while some types of development, such as large-scale commercial schemes, may warrant targeted intervention, a blanket requirement would not adequately reflect the risks to species across diverse building types and locations. Bird fatalities due to collisions with buildings are a genuine concern, but a measure such as this has the potential to drive up costs and building delays without delivering proportionate benefits for nature. In light of these considerations, I hope the noble Baroness, Lady Freeman, will agree not to press her amendment.

In response to the noble Lord, Lord Blencathra, who asked me a specific question about the nature Bill, he will know that that is the province of Defra, so I do not have an answer for him immediately. If it is future legislation that is not already planned for this Session, I doubt whether we will be able to answer his question as specifically as he wants, but I will endeavour to seek advice from Defra about when and if they intend to bring a Bill forward.

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[Baroness Young of Old Scone (Lab)]

My Lords, I support Amendment 148 and thank the noble Baroness, Lady Parminter, for introducing it so clearly. It is quite a modest little amendment because all it asks is that, within six months, the Government publish draft regulations that would address a number of issues that have been of concern to several folks around the House, as well as external audiences. It is about a set of important issues that can give assurance that the Bill will definitely deliver, both for the environment and for development.

The Government have already given a bit of clarification on the requirements laid out in this amendment, with some very useful but limited government amendments being tabled after the Commons stages of the Bill. We have had assurances that irreplaceable habitats would be unlikely to meet the overall improvement test. We have had assurances that the environmental principles are already captured through drafting and various government amendments. We have had reference to the Secretary of State meeting the environmental principles policy statement as an alternative to the mitigation hierarchy. However, there were also other downsides in the comments made by the Minister in Committee.

For example, on whether measures need to be put in place in particular circumstances before a site is developed, I was rather concerned that it was said that that might be the case in instances where habitats or species are rare or fragile. You would think that if habitats or species are that rare or that fragile, we probably ought to be using the mitigation hierarchy to avoid doing damage to those really important areas. The Minister was clear that the Government would not require developers to use the mitigation hierarchy to do that very important thing: to try to avoid damage to the most important sites and to direct development to sites of rather less importance. That is fundamental if the Bill is to deliver both for the environment and for development.

The Minister very kindly had a drop-in session on EDPs, during which I asked whether we might see guidance and draft secondary legislation before Third Reading. Actually, I asked whether we would see it before Report, but I got a stout rebuttal at that point. It is really important that if there is a need for clarity, as I believe there is on the sorts of issues that are in Amendment 148, we see as much as possible of what will be in the guidance before we have to finally press the button on the Bill, because at the moment we are buying a bit of a pig in a poke.

[Lord Blencathra (Con)]

My Lords, I too support Amendment 148. As the noble Baroness, Lady Young of Old Scone, has said, it is a modest but sensible little amendment with broad support, as we have seen tonight from all sides of the House. It deals with many of the concerns raised by Members from all Benches, including covering a number of amendments that we on these Benches have tabled.

I see no need to speak at length. I know there is some suggestion that this could be an adequate solution to the ills of Part 3. I am afraid it does not go far enough in that regard, but it could be part of the solution. That is why I say to the noble Baroness, Lady Parminter, that if she intends to move it to a vote, the Official Opposition will support her. If she does not wish to vote on it tonight, we will need to return to this at Third Reading and discuss it further.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 148, tabled by the noble Baroness, Lady Parminter, would require the Secretary of State to bring forward regulations dealing with various matters within six months of the Bill receiving Royal Assent. I am incredibly grateful to the noble Baroness for her continued engagement with Part 3 and welcome the opportunity to revisit the important matters raised by her amendment.

As set out in the recent all-Peers letter on the NRF, the Government are confident that each of the matters raised in this amendment is appropriately addressed in the legislation and that the safeguards in the Bill are sufficiently robust to guard against the misuse of this new approach. However, we recognise the particular desire for the Government to set out in greater detail how the mitigation hierarchy will inform the preparation of EDPs. I am happy to commit to working with the noble Baroness, Lady Parminter, to determine the best way for the mitigation hierarchy to be considered in the preparation of an EDP. To be clear: this includes my undertaking, if necessary, to bring forward an amendment at Third Reading.

I have already spoken about the mitigation hierarchy at some length in previous debates, so I will not repeat all those points, but I again draw Peers’ attention to the recent all-Peers letter, which sets out how the elements of the mitigation hierarchy are expressed through the legislation. The hierarchy starts by saying that development should avoid or reduce impacts wherever possible. Natural England is already able to achieve this by requiring that conditions are imposed on any development that relies on an EDP. These standard conditions will be a form of conservation measure under Clause 55.

At the other end of the hierarchy, harm should be compensated for only as a last resort. This too is incorporated into Part 3. Network conservation measures are a form of compensation measure, in old money. The Bill makes it clear that these can be used only where Natural England considers that they would make greater environmental improvement than measures delivered at the site being impacted. It is inherent in this that Natural England must prefer conservation measures, which would previously have been called mitigation measures, to compensation measures. Both these structures are reinforced by the existing legal obligation, under the Environment Act 2021, for the Secretary of State to have due regard to the environmental principles policy statement when making policy, which will also apply when making an EDP. This will itself encourage compliance with the mitigation hierarchy through the prevention and “rectification at source” principles.

As I have said, I welcome the opportunity to work with the noble Baroness to ensure that there is clarity as to how this framework will be deployed in practice. In respect of the other limbs of her amendment, the Government’s amendments clarify that Natural England and the Secretary of State will need to have regard to the best available scientific evidence. This approach to evidence feeds into the consideration of any baselining that Natural England will have to do to appropriately model the impact of development on a relevant environmental feature.

The noble Baroness’s amendment also speaks to the position in respect of irreplaceable habitats. This returns us to the overall improvement test, which simply would not allow an EDP to be made if it would lead to irreversible or irreparable harm, as this would fail to secure the overall improvement of the conservation status of the relevant environmental feature required under the test. Where an environmental feature is irreplaceable, an EDP could not allow for this feature to be lost, as that would fail to materially outweigh the impact of the development.

I am therefore confident that putting a duty on the Secretary of State to make regulations on these matters is unnecessary, but I recognise that the Government will want to carefully consider areas where it would be useful to provide further guidance to Natural England as part of the implementation of the NRF. I therefore hope the noble Baroness, Lady Parminter, feels able to withdraw her amendment. I will not speak to Amendment 236A, as the noble Baroness, Lady Coffey, suggested.