Planning and Infrastructure Bill

Lord Deben Excerpts

Committee stage
Thursday 11th September 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baronesses, Lady Parminter and Lady Young, and to thank the noble Lord, Lord Krebs, for supporting this amendment. It is something of the usual crew, and “Green Member gets up to support climate and biodiversity action” is, I know, not terribly original, but I just want to make a couple of specific points. One is that there was a climate reporting duty on local authorities until 2010, brought in by a previous Labour Government. This amendment is seeking to reinstate something that Labour Governments brought in.

Repeated calls have come from the Climate Change Committee, businesses and the independent net zero review for a statutory local duty on climate, which is what this amendment aims to introduce. The noble Baroness, Lady Parminter, referred memorably to the “NERC Act”, a phrase I had not heard before; I think I will call it the Natural Environment and Rural Communities Act, because it is perhaps a bit clearer. It links with the Environment Act 2021, and research on the implementation of it is clear—it exists but it is all terribly obscure, and people are not catching up with it. This amendment introduces something very clear and simple.

As the noble Baroness, Lady Young, said, this is a debate that we keep having, so let us bring in a climate duty. Your Lordships’ House has had some real success over the years in having impact on Bills. I can go back to the pensions dashboards Bill, which will predate quite a number of people sitting in this Chamber. It was the first Committee stage I ever worked on, and we were trying to get climate measurements into the pensions dashboard. We really need to get to the point where your Lordships’ House does not have to keep doing this Bill after Bill. I know the noble Lord is concerned about the rate of progress, but if the Government put this in at the start, we would save a lot of time in your Lordships’ House.

I want to make one other crucial point. Local authorities have clear statutory duties, including a growth duty under the Deregulation Act 2015. There is a real imbalance between the fact that they have this growth duty but not a duty to look after the environment, climate and nature. Whatever I may think about growth, if you do not have a healthy environment, if communities are being battered by heatwaves, floods and droughts and you are not doing the climate mitigation you need to do, then you are not going to get the growth. These two things have to fit together.

We are all well aware that different parties with different views are coming into local authorities now, but this is a communal responsibility. Loss of biodiversity does not stop at county or district boundaries; climate change does not stop there either. All local authorities must have the duty, so that everyone is looked after. We cannot allow some people a free ride.

[Lord Deben (Con)]

My Lords, this is a crucial amendment, not least for the reasons the noble Baroness, Lady Young, put forward. We are going to go on about this until we have an overall demand that this is how we think about matters. We have to recognise that unless we make all our decisions in the context of recovering our biodiversity and protecting our nation and the world against climate change, we are going to make a mess of the decisions we make. That is absolutely central.

I know the Government will be inclined to say it is already there—it is in the guidance, and it is all very proper—but I am afraid that there are many in local authorities who do not see this as the priority it ought to be. I really must ask the Minister to think seriously about the fact that every local authority at least must know that it has to think about things through this lens, because it is the most important lens for all of us.

I live in, and used to represent, a very agricultural constituency, and anyone who has seen the effect of the drought on all our farms at the moment will realise just how desperate the effect of climate change is, particularly for farmers who, only 18 months ago, could not get their crops out because of the water and could not plant because it was still too wet to do so.

People do not understand the impact of climate change today—it is amazing. I am upset and concerned that the good common view of all major political parties is beginning to be eroded. Only by working together are we going to solve these problems. It is no good just saying, “Oh well, we can put it off. We can’t do it by this or that time”. I congratulate the Government on sticking to the fact that we have to do this very quickly indeed. The trouble is that the timetable is not in our hands. We have allowed the timetable to be led by the fact that nature is now reacting to what we have done, and doing so in an increasingly extreme way.

I hope that the Government will take these amendments seriously and consider an overall view of this in a whole lot of other areas, so that we do not have to have this discussion on a permanent basis. Frankly, it ought to be the given for everything we do that we look at in the light of the fact of climate change. If there are Members of the Committee who have still not seen this, I remind them that it is necessary for growth. If we do not do this, we will not be a country in which people will invest, and we will not have new jobs or the kind of society, nature and climate that will be suitable not only for our children and grandchildren but for us. At my age, I can still say that we have to do this, otherwise the climate in which I will go on living will be increasingly unhappy for me, and for my children and grandchildren. Please accept this amendment.

[Lord Jamieson (Con)]

Amendment 187A, tabled in my name and that of my noble friend Lady Scott of Bybrook, seeks to probe the practical meaning of the new definitions, particularly the “achievement of sustainable development” and “mitigation” of climate change. Repetition signals importance; the fact that the same definition appears three times in such a short clause suggests it would carry significant legal and practical weight. That makes it vital that Parliament understands precisely what is meant. These terms, though laudable, are broad and open to interpretation. Without clear parameters, they risk being applied inconsistently by different authorities. If undefined, in unmeasurable or unenforceable terms, they could slip into the realm of aspiration rather than action, undermining their purpose as guiding principles for planning and infrastructure decisions. Ambiguity would not only weaken decision-making but could result in delays, disputes and costly appeals.

I appreciate that the Government’s Amendment 187 is not grouped here, but it is relevant. That amendment creates a new clause clarifying the relationship between different types of development corporation, ensuring that any overlap is resolved in favour of the higher tier authority. Will the Government consider committing to something similar in relation to these definitions, so that we secure the same kind of clarity and consistency?

--- Later in debate ---

A comprehensive legal framework requiring local authorities to take action on air quality already exists. Specifically, local authorities already have statutory duties relating to air quality in their local area, and under national planning policy air quality is a material consideration in planning decisions. The Government are committed to reducing the harmful health and environmental impacts of air pollution and will continue working with local authorities to achieve this. Given that local government statutory duties relating to air quality already exist, and the fact that many local authorities are already taking great strides in tackling the combined issues of environmental decline and climate change impacts, we do not think a statutory duty on local authorities to deliver environmental and air quality targets, climate adaptation and net zero is needed.

[Lord Deben (Con)]

The noble Lord mentions the local authorities that are doing the job but he does not mention the local authorities that are not. It would not do any harm to increase the pressure on them—it would do a great deal of good. I was a Minister for 16 years and I know the case he is putting forward. It is a very interesting case, normally pressed by civil servants, who say to the Minister that we really do not need this as we already have this, that and the other. I say to the noble Lord that it would not do any harm, and it may well do some good and might remind certain local authorities, such as Kent and Lancashire, that they ought to be doing this instead of doing exactly the opposite and saying that they are doing the opposite. This is the moment to remind them.

[Lord Wilson of Sedgefield (Lab)]

I very much appreciate what the noble Lord said, As I said, these requirements are a duty on all public authorities, and I am sure we will keep revising this. We know how important it is that we get this right. We will continue to press it with local authorities and all public organisations to achieve that end.

Amendment 187A, tabled by the noble Baroness, Lady Scott, seeks to probe the need to make additional climate change provision in respect of the new towns development corporation. This model is currently the only one that has any climate change objectives built into its legislation. Through the Bill, we are going further by including climate change mitigation and adaptation in the already existing aim to contribute to sustainable development and have regard to the desirability of good design. The same objectives will be replicated for all the other development corporation models which currently have no specific objectives in relation to climate change written into their legislative framework. Where development corporations are conferred the role of local planning authority for local plans, they will automatically fall under the planning legislation duties which place specific obligations in relation to sustainable development and climate change mitigation and adaptation. However, not all development corporations will take on the local planning role.

With this in mind, regardless of whether the development corporation takes on planning functions, they will all be required to meet this objective. The UK’s climate is getting hotter and wetter, with more extreme weather events. The effects of extreme weather and nature loss are already here and have impacted all our lives. But there are small wins which can have a big impact. By updating the current framework and making it consistent across the development corporation models and the National Planning Policy Framework, our message is clear that we will place sustainable development and climate change at the heart of all development corporations and guide the use of their powers.

I hope my explanation has reassured the noble Baronesses sufficiently, and I kindly ask them not to press their amendments.