Planning and Infrastructure Bill

Lord Borwick Excerpts
Lord Moylan Portrait Lord Moylan (Con)
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My Lords, I shall speak to my Amendments 53 and 54 in this group, which the noble Baroness, Lady Pidgeon, disdains to address—so that leaves it to me to explain what they would do. Amendment 53 would require local authorities to conduct and publish a parking impact assessment before permitting EV charge point works that may displace general use parking to ensure that the wider motoring public is not disproportionately affected by the transition to electric infrastructure. Amendment 54 seeks to ensure that residents and businesses can request a review where proposed EV installations reduce access to conventional parking.

My concern is that the Government do not appear to appreciate the practical and societal risks of their current approach. Across the country, residents, particularly in towns and suburbs, are finding that parking spaces they have relied on for years are being removed or repurposed for electric vehicle charging bays without consideration of local needs. Of course, the argument is that this is all in the service of the transition to electric vehicles, although that transition appears to be stalling, if we take note of the number of electric vehicles being sold and what the take-up is. But for many people—and there is a class element to this—especially those who cannot afford an electric vehicle, dependency on a petrol or diesel-driven vehicle for getting to work, fulfilling the requirements of daily life and making a living is absolutely essential, and provision has to continue for those. We are in danger of pushing out from parking access poor people, on low incomes, who desperately need a car to make space for the better-off family’s second Tesla for the nanny to use. That cannot be equitable, can it?

What is proposed here is an impact assessment—no prohibition—and the opportunity for people to ask for a review. As I say, the benefits flow directly in one direction. The Minister said in Committee that we must ensure that the regulatory framework is enabling rather than encumbering. I agree, but I ask for whom it is enabling, and at what cost. The transition that we are aiming at has to be fair, balanced and practical, and these amendments would simply introduce a modest, reasonable safeguard to ensure that the wider motoring public is not unduly disadvantaged as infrastructure for electrical vehicles is rolled out.

Amendments 52 and 57—I am willing to address the amendments proposed by the noble Baroness, Lady Pidgeon, even though she cannot be bothered to address mine—raise the same issue that I have highlighted. By allowing private charging points to extend into the public sphere, these measures would in effect reserve and privatise particular road space for the benefit of particular residents and exclude the general public from parking in those bays even when they were free. Perhaps some means could be found whereby the general public could park in them when they were free, but nobody has proposed what this mechanism is.

It is incumbent on the noble Baroness to address this question. In a world where there was limitless parking space, these issues would not arise, but her amendments aim specifically at those places where there is relatively high density. Places where properties do not have their own driveway or on-site parking space tend to be those with higher levels of density—those are the ones she wants to address—and often they are more mixed economically. As I say, that question of equity is important too.

Lord Borwick Portrait Lord Borwick (Con)
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My Lords, first, I declare my interests as a taxi proprietor and driver of a wheelchair-accessible taxi. The reason why it is wheelchair-accessible is that I introduced that feature into the manufacture of taxis when I ran that business. I also introduced bus ramps to make low-floor buses accessible, and for some years ran the powered-wheelchair finance business Motability. I was also an electric vehicle entrepreneur, making an electric delivery vehicle— a business I started in 2004. I also declare that my wife and I have an eldest son who is disabled with learning difficulties.

The reason for my Amendment 55 follows the statistic that, in this country, fewer than 3% of public electric vehicle charging points are considered safe and reliable for drivers with accessibility needs. Without the protective measures I am putting forward, drivers with disabilities will likely see no end to the struggle of charging their car safely and reliably. This is an essential activity; it should not be yet another barrier for disabled individuals to carry out their day-to-day lives.

This amendment is modest in scope but vital in purpose. It would surely give the Government the power, if needed in the future, to make compliance with existing accessibility standards obligatory. It is an enabling measure, not an immediate imposition. Many EV drivers rely on the public network to charge their car. We know that around 40% of UK households do not have a driveway, for instance, and therefore have no easy access to home charging. We also know that disability and poverty are strongly correlated, meaning that drivers with disabilities are even less likely to own a private driveway and a home charger. It is therefore deeply troubling that most of the public network is unable to meet even basic accessibility needs.

According to EVA England, nearly half of all drivers, with or without disabilities, have experienced problems using public charge points. They cite heavy cables, high kerbs, obstructed bays and payment terminals that are too high or awkwardly placed. For many disabled drivers, these are not small irritations but complete barriers to participation. In July, electric vehicles made up around 25% of new sales, but in the Motability scheme, which supports drivers with disabilities, they represented 12%—less than half. Why are disabled people not choosing electric vehicles? It is because they cannot recharge them. Indeed, a full quarter of Motability drivers say that they entirely avoid public chargers because of accessibility issues. That is not a future issue but a crisis of access now.

The Department for Transport took an important step in 2022 by publishing an accessibility standard, PAS 1899, designed to address these issues. However, as of today, hardly any public charge points meet that standard, largely because the parts and design requirements have yet to be fully adopted by industry. A revised version is being developed, with input from consumer groups and manufacturers. It is expected to offer a workable compromise between what industry can deliver and what disabled drivers need but, when it comes, it will again be entirely voluntary.

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Moved by
55: Clause 47, page 60, line 20, at end insert—
“(10) The Automated and Electric Vehicles Act 2018 is amended as set out in subsections (11) and (12).(11) In section 10 (public charging or refuelling points: access, standards and connection)—(a) in subsection (1), after paragraph (b) insert—“(ba) the accessibility of public charging or refuelling points;”;(b) after subsection (3) insert—“(3A) Regulations under subsection (1)(ba) may, for example, require the operator of a public charging or refuelling point to ensure that the point complies with minimum specifications for placement of a charge point display, bay size, and the height and weight of the charging cable for the purpose of ensuring accessibility for disabled people.”.(12) In section 14 (transmission of data relating to charge points), in subsection (2) after “energy consumption” insert “, accessibility”.”Member’s explanatory statement
This amendment seeks to provide extra powers to the Department to enable them to bring forth regulations to enable disabled people to more easily use public charging points. Such regulations may encourage public charging points to be designed with disabled drivers in mind who may be more willing purchase an electric vehicle if they are able to access and use the charging points.
Lord Borwick Portrait Lord Borwick (Con)
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I wish to test the opinion of the House.

Planning and Infrastructure Bill

Lord Borwick Excerpts
Lord Cromwell Portrait Lord Cromwell (CB)
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My Lords, I support Motion E1 in the name of the noble Baroness, Lady McIntosh of Pickering. In particular, I agree with her about the level of urgency and the slow progress that has been made on this, and about the de minimis rules, which need thoroughly updating to make it more possible to avoid drought situations. I have just one question for the Minister. She referred to a paper appearing later this year. Does she mean this calendar year—in which case it would be just in time for my Christmas stocking?

Lord Borwick Portrait Lord Borwick (Con)
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My Lords, I thank the Minister for her Amendments 31A and 31B, which is very similar, as she said, to Amendment 31, which I proposed.

The noble Lord, Lord Hendy, is a practical transport expert—he knows how to mend a bus—as I hope I am, although his expertise is wider than mine, which is based on taxis. I hope that he will agree that success does not come from changing the law alone but will come when disabled people are not limited in their use of charging systems for electric cars. Today, no doubt, there are people struggling with chargers that have steps that could be designed out and cables that are too heavy. Success can be declared when charging infrastructure is no longer a barrier to the purchase of a car for a disabled person.

Again, I apologise for the inelegant way in which this amendment was proposed at Third Reading; an amendment in Committee would have been more elegant. However, I am glad that this necessary amendment has been made. I look forward to the regulations being promulgated with lightning speed, and actual accessible charging points being seen widely even more quickly.

Baroness Pinnock Portrait Baroness Pinnock (LD)
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My Lords, in this first group of amendments, I am delighted that the Government have acceded to the amendment about accessible electric vehicle charging points that the noble Lord, Lord Borwick, just spoke to. That is really good news.

Of the other three amendments that we are thinking about, two concern reservoirs—building them and what their impact will be. The first, in the name of the noble Lord, Lord Parkinson, is about ensuring that the statutory requirements to protect our heritage are considered in full in the planning application for a new reservoir. The other, from the noble Baroness, Lady Scott, is concerned about whole villages being drowned. Then we have the noble Baroness, Lady McIntosh, who is anxious that we build more reservoirs, so we have a bit of a dilemma here.

I turn to the amendment in the name of the noble Lord, Lord Parkinson. All through the debate on this Bill, we on the Liberal Democrat Benches have been wholeheartedly in support of shoring up the statutory requirements to protect our national heritage. It is unfortunate that the Minister has been unable to accede to the amendment that was passed on Report to provide even greater support for those heritage sites and buildings that may be destroyed to create a reservoir—especially, as the noble Lord, Lord Parkinson, has pointed out, since third parties, even companies based abroad, may now be able to build reservoirs. They may not have such a great concern for our heritage as those of us who live in this country. That is a great shame, and if the noble Lord wanted to move his amendment to a further vote, we on these Benches would support him.

I will wait to hear what the noble Baroness, Lady Scott, says about her Motion C1 and whether she wishes again to test the opinion of the House on that one.

On the amendment from the noble Baroness, Lady McIntosh, I thought the Minister gave quite a lot of assurance that the Government are considering making changes to regulations regarding the building of low-hazard reservoirs, which is what the amendment is about. That seemed perfectly acceptable, given that a great deal of thought has to be given to creating reservoirs. As we discovered in Derbyshire when the Toddbrook one failed, volumes of water can be devastating if dams and reservoirs are breached. With those remarks, I look forward to the comments from the Conservative Front Bench.