Planning and Infrastructure Bill

Lord Ravensdale Excerpts

Report stage
Monday 20th October 2025 Lords Chamber

Moved by

[Lord Ravensdale]

20A: After Clause 9, insert the following new Clause—
“Applications for development consent: low carbon energy infrastructureAfter section 35D in the Planning Act 2008 (timetable for deciding request for direction under section 35B) (inserted by section 3 of this Act) insert—“35E Representations by relevant authorities, net zero and sustainable development(1) In relation to relevant nationally significant infrastructure projects, relevant authorities should have special regard to the matters in subsection (5) when carrying out the activities in subsection (6).(2) The relevant nationally significant infrastructure projects are—(a) the construction or extension of a generating station within the meaning of section 14(1)(a) for the purpose of low carbon electricity generation, or(b) the installation of an electric line above ground within the meaning of section 14(1)(b) for the conveyance of electricity generated by a station in subsection (a).(3) For the purposes of subsection (2)(b) it does not matter whether the electric line is also used or intended for use in connection with the conveyance of electricity generated from other sources.(4) The relevant authorities are—(a) the conservation bodies in section 32 of the Natural Environment and Rural Communities Act 2006 (UK conservation bodies),(b) the Environment Agency, and(c) such other bodies as may be prescribed in regulation by the Secretary of State.(5) The matters referred to in subsection (1) are the need to contribute towards—(a) achieving compliance by the Secretary of State with part 1 of the Climate Change Act 2008 (Carbon target and budgeting),(b) the achievement of biodiversity targets under sections 1 to 3 of the Environment Act 2021,(c) adapting to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008, and(d) achieving sustainable development.(6) The activities referred to in subsection (1) are any representations under Part 5 and Part 6.(7) In discharging their duty under subsection (1), the relevant authorities must have regard to any guidance given from time to time by Secretary of State.(8) In this section “low carbon electricity generation” has the meaning given in section 6(3) of the Energy Act 2013.””

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[Lord Ravensdale (CB)]

My Lords, I start by declaring my interest as a chief engineer working for AtkinsRéalis.

I was reassured by what the Minister stated in response to this amendment in Committee, but I have a few additional points of clarification, hence bringing this back on Report. I am grateful to the Minister for her time last week in discussing the response to this amendment.

Moving in this direction is important for a number of reasons. The first is to help speed projects through the system by ensuring that regulators are aligned with the Government’s goals, in the case of this amendment relating to electricity generating projects and infrastructure. It is all about ensuring that regulators are concerned not just with the micro view, the local impacts of the project on the environment, but the macro view, the potential benefits that that project will bring for the country, whether that is net zero or environmental benefits—in effect, assessing the benefits as well as the costs. That will help some of the issues we have seen in the logjam of projects related to offshore wind and nuclear.

It will continue the work that Peers have undertaken to apply a consistent duty across regulators. We had the duty on Ofgem under the previous Government, on Ofwat under this Government, and on other organisations such as the Crown Estate. This takes inspiration from the Private Member’s Bill that is being taken through by the noble Lord, Lord Krebs, about a consistent duty across all regulators.

It is consistent with the output of the Corry review to help prevent, in the words of the review, the “regulatory overload” that has emerged over time. Simplifying duties on regulators is another key point in helping to speed projects through the system.

I shall not delay the House any further. I would be grateful if, in summing up, the Minister could provide answers to the following points. In Committee, the Minister stated that:

“As we review and develop guidance on all aspects of the NSIP process, we will consider, alongside government policy in national policy statements, how we can support the intent of this amendment”.—[Official Report, 17/7/25; col. 2094.]


Can the Minister please provide additional detail on how duties on regulators are being brought within that guidance and national policy statements now that consultations in that area are under way?

There is still the point on the statutory duty. So far, the Government are going down a guidance route; we have had numerous debates on guidance versus statute throughout the Bill. What plans do the Government have to bring forward statutory duties on regulators to align with the work already done on Ofgem and other regulators? I believe that long-term strategic certainty and drive can be done only via statute.

Finally, on timescales, I would be grateful if the Minister could give an update on the strategic policy statements for all regulators—the commitment that was made by the Government coming out of the Corry review—and what that programme looks like. I beg to move.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Ravensdale, for meeting me during recess to discuss this. His Amendment 20A seeks to ensure that, in relation to NSIP for low-carbon energy, relevant authorities should have special regard to the achievement of Government’s environmental targets and sustainable development.

The amendment is similar to one debated in Committee. It refers specifically to compliance by the Secretary of State with carbon targets and budgeting and adapting to current or predicted climate change impacts under the Climate Change Act 2008, the achievement of biodiversity targets under the Environment Act 2021, and achieving sustainable development.

As the Government made clear in Committee, we recognise the importance of this issue, but we do not believe that the amendment is necessary. It is vital that we move forward and deliver the critical infrastructure we need, not least to cut greenhouse gas emissions to net zero by 2050. The Bill will deliver a win-win for growth and nature. Developments such as clean energy infrastructure are key to tackling the climate crisis and supporting nature recovery. The Government also appreciate the important role that these bodies play in the planning system. That is why we have taken action in response to the Corry review to ensure that these bodies are joined up and aligned with the Government’s broader priorities. I will say a bit more about that in a moment.

As I did in Committee, I reassure noble Lords that the Government are already utilising the tools they have to guide the considerations given by public bodies in their engagement with the development consent order process. The first of these relates to national policy. The energy national policy statements already take full account of the Government’s wider objectives for energy infrastructure to contribute to the achievement of sustainable development, and to ensure that the UK can meet its decarbonisation targets. We are also strengthening national policy statements through this Bill by requiring that they are updated at least every five years, and by making it easier to undertake interim updates for certain types of material amendments. The Government have recently concluded consultation on drafts of EN-1, EN-3 and EN-5, which will be updated to reflect the Clean Power 2030 Action Plan.

The second relates to guidance. It is critical that public bodies engage fully in examinations so that the examining authority has access to their expertise and can properly scrutinise the application before reporting to the Secretary of State. Through the Bill, the Government are introducing a new duty on public bodies to have regard to any guidance published by the Secretary of State in making representations as part of examinations. This guidance will support government objectives by ensuring that these bodies engage effectively in the process and can provide the right information in a timely way.

We are currently consulting on reforms across the NSIP system to streamline the process. As well as consulting on what pre-application guidance to applicants should contain, we are seeking views on whether to strengthen expectations that statutory bodies attend hearings in person where relevant. As we then review and develop guidance on all aspects of the NSIP process, we will consider how this, alongside government policy in national policy statements, can support the intent of the amendment.

As I have made clear today, the guidance the Government will issue to statutory bodies about their role in the NSIP process will play a vital role, I hope, in addressing noble Lords’ concerns. The Government are clearly in the process of developing policies to update, streamline and rationalise the operation of these bodies and that of regulators and their role in the operation of the planning system, in response to both the Corry and the Cunliffe reviews. My colleagues would welcome further engagement with the noble Lord, Lord Ravensdale, and others in the House who have a particular interest in this area, as we undertake the important work.

Complex projects engage multiple regimes, and I understand that they find themselves batted backwards and forwards between Defra regulators. So we are piloting a lead environmental regulator model to provide a single point of contact for developers on the most complex schemes. We have already made a start, working with the Lower Thames Crossing on this.

The noble Lord, Lord Ravensdale, asked about the timescale for releasing strategic policy statements for Defra regulators in response to the Corry review. This is one of nine fast-tracked recommendations—and I mean fast-tracked. We will communicate on this very soon—I say to the noble Lord, Lord Deben, that I am sorry to use that term—and, when I say “very soon”, I am talking about days, not weeks or months; I hope that gives him some guidance. As the noble Lord knows, the Secretary of State must have regard to matters that are relevant and important to decisions. For all those reasons, I hope the noble Lord is reassured and will withdraw this amendment.

[Lord Ravensdale (CB)]

My Lords, I thank the Minister for those remarks. I am reassured by what she said on timescales and the work that is being undertaken on the NSIP process and the guidance that will come out of that. I would certainly welcome the opportunity to work with her and her team on that guidance. There is more work to do here. The key is ensuring coherence, as the noble Lord, Lord Deben, said. But I am encouraged by the progress and, with that, I beg leave to withdraw my amendment.

Amendment 20A withdrawn.