Planning and Infrastructure Bill

Luke Murphy Excerpts

Report stage
Tuesday 10th June 2025 Commons Chamber

[Paul Holmes]

I knew that was coming from the hon. Gentleman. The last Government put forward many things in legislation that we are looking at again. We have been very clear about that, and I have been clear about what this new Conservative party stands for. We said throughout the Committee stage that we do not support the extension of powers within CPOs.

Madam Deputy Speaker, I am aware that you are looking at me to move on. I will do so and restrict the number of interventions I take, as I am about to wind up. [Hon. Members: “Hear, hear.”] I knew I would bring universal acclaim once again, including from my Deputy Chief Whip, my hon. Friend the Member for South West Hertfordshire (Mr Mohindra). I thank him.

We have had a robust debate in this House on this groundbreaking piece of legislation. As I have said repeatedly, much to the Minister’s embarrassment— I hope he takes this in the genuine spirit in which it is said—even though we have fundamental disagreements on the measures that he is taking to get what he wants later on, we know that he has a well-intentioned and principled approach. The Labour party won the election and we know that. However, that will not stop us having principled and robust arguments around our disagreements with the methods by which he wants to get there.

As my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) indicated in her intervention, the Minister had—and still has—a chance to listen to some of the well-intentioned, educated and intellectual amendments and new clauses that have been proposed by all parties to strengthen the legislation and make it better.

[Luke Murphy (Basingstoke) (Lab)]

Will the shadow Minister give way?

[Paul Holmes]

I will briefly, but he will let me finish this point. The proposals have been put forward by all parties to ensure that the legislation is better and more efficient, but fundamentally serves the people who send us here and who want to see differences in the way in which their country is run. We argue that this legislation does not do that, we argue that this is a massive centralising overreach advocated by the Minister and the Deputy Prime Minister, and we stand fundamentally against it.

[Paul Holmes]

I will give way to the hon. Member for Basingstoke (Luke Murphy) first because he is a sparring partner from the Public Bill Committee—I hope he does not have another quote—and then I will give way to the hon. Lady.

[Luke Murphy]

Unfortunately, I have another quote, which is from yesterday. With regard to the Opposition’s amendments, can the shadow Minister point to a single measure that would increase the number of homes? All the changes directed at the Bill seem to be designed to impede development. I also want to ask him what he meant yesterday in his opening remarks, when he said,

“The last Government built the largest number of houses in history.”—[Official Report, 9 June 2025; Vol. 768, c. 693.]

[Madam Deputy Speaker (Caroline Nokes)]

Order. It might be helpful if I emphasised that we are not here to relitigate yesterday’s debate; we are here to debate the amendments that have been tabled today. I am sure the hon. Member will restrict his comments to that.

Planning and Infrastructure Bill

Luke Murphy Excerpts

Report stage
Monday 9th June 2025 Commons Chamber

[Ellie Chowns]

I will get straight to the point: there are two big problems with this Bill. First, there is no social housing target, which means that it does not do anything to secure delivery of the fit-for-the-future social rent housing that we so desperately need, as colleagues across the House have said tonight. Secondly, it rolls back vital nature protections, effectively giving developers carte blanche to bulldoze nature to build luxury homes that are accessible only to the richest.

Green MPs gave the Bill a chance on Second Reading—

[Luke Murphy (Basingstoke) (Lab)]

Will the hon. Lady give way?

[Ellie Chowns]

I am sorry, I will not give way because there are so many colleagues who still want to speak and we are short of time.

Green MPs gave the Bill a chance on Second Reading, because a secure home is out of reach for too many people. Rents are spiralling, over 165,000 children are living in temporary accommodation and over 1 million people are stuck on housing waiting lists. It is scandalous that just 3% of the housing built in the last decade was for social rent, and there is now a wait of more than 100 years for a family-sized social home. I served on the Bill Committee for the past six-plus weeks and I worked hard to persuade the Government to fix the serious flaws in the Bill, but unfortunately those calls have so far been ignored.

I am profoundly concerned that, in the glaring absence of a social rent housing target, this Government are writing a charter for developers’ greed. That is why Green party MPs have tabled new clause 78, to push for safe, warm homes in the communities we love at a truly affordable price. It would require housing plans to set targets for building zero-carbon social rent housing based on local needs, because without an explicit social housing commitment, big developers will be able to line their pockets even further while ordinary people are still locked out of affording a decent home.

I am hugely concerned, as are so many people and the nature organisations that we all trust. By the way, the Bill rolls back nature protections. That is why I have proposed amendments 24 to 63, which would delete part 3 of the Bill entirely, because the Government repeatedly blocked cross-party efforts in Committee to amend part 3 to reduce its harmful impact on nature.

Part 3 is harmful for three key reasons. First, it weakens and undermines the requirement for nature protection to be achieved to a high level of scientific certainty. Secondly, it creates a “pay to pollute” system, allowing developers to skip straight to offsetting, trashing the long-established principle of the mitigation hierarchy—that is, that development should first seek to avoid harm. Thirdly, it upends the requirement for compensation to be delivered up front and creates wiggle room for developers to avoid paying the true cost of the harm they do.

The Government know the nature crisis in our country is severe, yet they repeatedly voted in Committee to reject a raft of constructive amendments to improve part 3 and ensure a win-win for housing and nature. I remind the House that the Labour party’s 2024 manifesto pointed out that

“the Conservatives have left Britain one of the most nature-depleted countries in the world,”

but part 3 will make that terrible situation worse. It is not just the nature organisations that tell us that; it is the independent expert advice of the Office for Environmental Protection, which says that the Bill constitutes a “regression” in environmental law, directly contradicting the assertion of the Secretary of State.

If Ministers insist on bulldozing ahead on part 3, I urge them at the very least to accept my new clause 26. With cross-party support and wide backing, it seeks to match the current degree of certainty for environmental protection. I also strongly support amendment 69, in the name of the hon. Member for North East Hertfordshire (Chris Hinchliff), which would ensure that improvements are delivered before the damage they are compensating for.

We can and must both protect nature and build warm, affordable, zero-carbon social rent homes. The Government said it is what they want. Sadly, it is not what the Bill delivers. Without urgent change—

Planning and Infrastructure Bill (Eleventh sitting)

Luke Murphy Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

I therefore ask the Minister to think again about reducing the element of compensation for landowners. Being a landowner does not necessarily mean that someone is exceptionally well-off. It simply means that landowners will go through huge disruption, particularly if they want to challenge the CPO. Given that we agree with the level of compensation that the Minister has set in the new regime for occupiers, it is fair that he reconsiders. Has he made an assessment of any costs that the new clause would incur? Will he explain why he believes that the element of fairness in the system that the new clause introduces should not be accepted? I ask him to reconsider his resistance to it.

[Luke Murphy (Basingstoke) (Lab)]

It is a great pleasure to serve under your chairship, Ms Jardine. I want to ask the Minister a couple of questions about compulsory purchase and redevelopment and regeneration schemes. A significant regeneration scheme has been proposed in Basingstoke for the communities of South Ham and Buckskin by the housing association SNG. To say that the consultation with residents has been badly handled is an understatement. I have been calling for a complete reset of the project by SNG, which has fundamentally failed to take the community with it. It has lost the trust of many people, from its tenants to local homeowners and private renters. It must rebuild that trust. I have committed to working with residents to ensure that any plans benefit and have the support of the local community.

One of the key concerns of the community is the threat of widespread compulsory purchase. Can the Minister confirm that nothing in the Bill will weaken the voice or say of residents involved in redevelopment or regeneration schemes, where CPO is involved? Can he also confirm that CPO should always be used as a last resort, that it must always be taken in the public interest, and that it will not change the compensation available to ordinary owner-occupiers and tenants involved in such regeneration schemes?

[Matthew Pennycook]

I thank all Members for their contributions. To the point made by my hon. Friend the Member for Basingstoke, I do not think that I can add much more to the very clear set of principles that have guided our approach in opening this particular part of the Bill. This is not particularly directed at the shadow Minister, but there has been a fair amount of scaremongering about what the compulsory purchase provisions in the Bill entail, which has not always been completely accurate—let me put it as gently as that.

In response to a number of the challenges, I recognise why the shadow Minister raised his point, and I addressed the point about the Welsh Government. Welsh Ministers have devolved competence to reform loss payments for CPO in Wales, and therefore this clause applies in the way that I have set out. On the more substantive point, without getting into individual cases, I note the case that my hon. Friend the Member for Basingstoke made and I appreciate why he raised it, but he will also recognise why I cannot comment on specific instances of CPO use.

On the general principle of the Bill, I will say a couple of things to the shadow Minister. First, we are not removing the ability for landowners and occupiers to claim for a basic occupier’s loss payment. The Government consider it necessary to rebalance how loss payments are allocated between owners and occupiers to ensure—this is the guiding principle—that those who experience the most level of disruption and inconvenience caused by compulsory purchase are compensated fairly.

The shadow Minister pushed me to reassure him and to go away and reflect to ensure that the system has equal parity. We already have a two-tier system in place; there are differing rates for tenants and landowners. All we are seeking to do through this clause is rebalance the loss payment compensation in favour of occupiers for the reasons that I have given. Landowners and occupiers can still claim for loss payments in addition to claiming compensation for the market value of their land, disturbance costs and other reasonable costs incurred because of a CPO, such as legal and other professional fees.

We may have a principal difference of opinion here; however, on the substantive point, although we have a two-tier system already, we think that it is right to rebalance that two-tier system and weight it slightly more in favour of occupiers of land so that they are entitled to the higher amount of 7.5%, and owners of land to the lower amount of 2.5%. We think that is right, and for that reason, we will not be able to accept new clause 52.

Question put and agreed to.

Clause 88 accordingly ordered to stand part of the Bill.

Clause 89

Home loss payments: exclusions

Question proposed, That the clause stand part of the Bill.

Planning and Infrastructure Bill (Twelfth sitting)

Luke Murphy Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

[Paul Holmes]

Yes, the lifetime ISA is still in operation—the last Government brought it in—but it does not deliver the real numbers that we need, as the Help to Buy and stamp duty relief systems did. We brought those in, but they have been reversed.

[Luke Murphy (Basingstoke) (Lab)]

Will the hon. Gentleman give way?

[Paul Holmes]

Not yet. Those have been reversed by a lot of the things that this Government have done. For the first time, the sector does not have any incentivisation.

[Paul Holmes]

If he has a quote, then I am not giving way. I say to the hon. Member for Glasgow East that the local housing plans that we are proposing must also include social housing. Local authorities need to put forward a proper housing mix.

[Luke Murphy]

I thank the hon. Member for giving way, and apologise to the rest of the Committee—I do not have a quote. Under its new leadership, his party is reflecting on the policies of the previous 14 years, so given that he is making an argument about first-time buyers and SME builders, why did the number of SME builders in the UK catastrophically decline over the past 14 years while the average age of the first-time buyer increased?

[Paul Holmes]

The hon. Gentleman does not have a quote, but his intervention is still misguided. He fails to realise that under the past 14 years of the Conservative Government, 800,000 people bought their first home through schemes such as Help to Buy and the stamp duty relief, and 2 million homes for first-time buyers were built. This Government have not even shown that they have the aspiration to match that, because they have cut a lot of the products that turbocharged first-time buyers’ getting on to the housing ladder.

I gently say to the hon. Gentleman that if he wants to, he can come for an appointment. By the way, we are under new leadership, and we are constantly reviewing our policies. We will be making announcements on the new products we will be bringing to people to fill the void that this Government have simply left for the first-time buyer.

Planning and Infrastructure Bill (Ninth sitting)

Luke Murphy Excerpts

Committee stage
Thursday 15th May 2025 Public Bill Committees

[Gideon Amos (Taunton and Wellington) (LD)]

It is a pleasure to serve on the Committee with you in the Chair, Dr Huq. Some points have already been made on the underlying point of amendment 14, so I will be reasonably brief, but clause 55 goes to the heart of the overall improvement test and is crucial to the structure of the Bill.

In many ways, amendment 14 has a similar target as amendment 20, but I would argue that it is more in the spirit of the Bill and how the Government are going about it. Amendment 14 would require that the conservation measures within an EDP would “significantly”—it would add that word—outweigh the negative effect of development.

Clause 55 sets the overall improvement test that an EDP must pass before the Secretary of State can approve it. At the moment, in order to pass, the conservation measures in the EDP must be

“likely to be sufficient to outweigh the negative effect, caused by the environmental impact of development”.

As the Wildlife Trusts has argued:

“The lifting of the bar to ‘significantly outweigh’—

through this amendment—

“is needed to secure a level of gain for nature capable of meaningfully improving conservation outcomes.”

That approach aligns explicitly with the Government’s stated intentions for the nature restoration fund. The Ministry of Housing, Communities and Local Government factsheet describes the proposed system as being a

“marked change from the current approach which, at most, requires development to offset its impact and no further”—

on that, the Minister and I are agreed. Instead, the Government say the approach will deliver

“a positive contribution to nature recovery”,

but saying “likely” to outweigh simply will not deliver that marked change, as “likely” is neither a high bar nor a strong test.

The higher bar of “significant improvement” that we propose is also in line with well-established environmental law. The Environment Act 2021, for example, is notable; now four years from receiving Royal Assent, its use of the robust benchmark of “significant improvement” has not experienced a single legal challenge. There is no reason to expect that any would arise from applying that test in this EDP legislative framework.

An EDP that passes that high bar and is made by the Secretary of State would, by definition, be environmentally robust as a result, and less vulnerable to a legal challenge than one that passes only the lower bar currently in the clause. It is in everyone’s interest that the EDPs deliver the promise of positive contributions and that step change—that marked change—the Government have stated they intend to achieve.

Finally, if we are not raising the bar through this amendment, can the Minister explain, in his summing up, why the wording is only “likely” to outweigh? Why not use “will”, as the amendment tabled by the hon. Member for North Herefordshire proposes, or “significantly” outweigh, as in our amendment? Those who are familiar with the habitats regulations will know that the test there is that “no reasonable scientific doubt” should exist. There is a marked difference between that established approach and the current wording in the Bill, which is not simply strong enough.

[Luke Murphy (Basingstoke) (Lab)]

I acknowledge that this is an important part of the Bill and that some organisations have expressed concerns about the matter. I agree with the hon. Members for North Herefordshire and for Taunton and Wellington pointing out what the OEP has said about this part of the Bill, but we should acknowledge that what the Minister said yesterday and his speech today could not have been clearer: the Government are reviewing and reflecting on the OEP’s advice, and they have set out their incredibly clear intention to ensure not only that nature is not worse off, but that it is better off as a result of the Bill.

The Minister has been crystal clear that the Government are reflecting on the OEP’s advice. The latter came through seven working days ago yesterday. We are now on the eighth working day since it provided its advice. I urge colleagues to take the Minister at his word and to allow the Government to respond to the OEP. If colleagues across the House are not content with their response, that can be dealt with on Report, but we should take the Minister at his word when he says that the Government are taking the OEP’s comments incredibly seriously and reflecting on them.

[Matthew Pennycook]

I thank my hon. Friend for that contribution, although I do not expect hon. Members to just take me at my word; I think they should both interrogate the Bill and the provisions and reflect on my further comments. Although I caveat everything by saying that we are grateful to the Office for Environmental Protection for its recent advice and its support for the intention of these reforms—let us be clear: it supports the intention and we are carefully considering its advice —we are clear that this approach will deliver more for nature, not less. The important thing is that those improved outcomes—and they are improved outcomes; we are not talking about merely maintaining the status quo—can be achieved only if we are willing to do things differently. That is why the Bill establishes an alternative to existing processes, but only where that will lead to better outcomes.

I should make a brief comment about Natural England, as the other body that will be involved in the design and implementation of environmental delivery plans. It is slightly unfair, if I may say so, for the hon. Member for North Herefordshire to suggest that there is a stark conflict of interest here. As I have said in previous sittings, Natural England has the expertise and ecological skills to make the right judgments. It will put in place suitable propriety barriers to ensure that it can act effectively as both an advisory body and the body tasked with preparing, designing and implementing EDPs.

Planning and Infrastructure Bill (Seventh sitting)

Luke Murphy Excerpts

Committee stage
Wednesday 14th May 2025 Public Bill Committees

[The Chair]

I call Luke Murphy.

[Luke Murphy (Basingstoke) (Lab)]

Thank you, Dr Huq; it is a delight to serve under your chairship. Listeners to the debate have missed out on an entertaining discussion of the procedure of voting on amendments and clauses. I rise to comment briefly to amendment 29.

I do not think that anyone on the Government Benches disagrees with the notion that we need to build more genuinely affordable homes and social rent homes, but I do not think that the amendment fully accounts for the cost of 150,000 additional social homes. A generously low grant rate for a social home is around £183,000 a year, and that would be just over 30,000 homes a year, so there is a significant gap between what the hon. Member for Taunton and Wellington proposes and what can be afforded through the amount of money that is being suggested.

I also gently remind Opposition Members that the largest cut to the affordable homes budget occurred in 2010, under the coalition Government. The hon. Member for Taunton and Wellington and I have debated that previously. That was a 66% cut in the affordable homes budget, and we would not be in this situation had such a significant cut not been enacted.

[Matthew Pennycook]

Amendments 29, 73, 17, 74 and 94 would introduce additional requirements for spatial development strategies in relation to housing. They seek to specify or describe what spatial development strategies must include across a range of areas, such as housing target limits, affordable housing definitions and housing density requirements.

I thank hon. Members for their interest in the Bill’s spatial development strategy provisions. However, the Government believe that these amendments are not productive in achieving the Bill’s objectives. I will attempt to be succinct rather than verbose, given the time we have lost and the need to make progress on the Bill. In general terms, we think that introducing further requirements for SDSs would limit their effectiveness and operability, as well as the purpose and effect that the clause seeks to achieve.

Amendment 29, moved by the hon. Member for Taunton and Wellington, would make specific provision for strategic planning authorities to have regard to the provision for new social rented homes. The Government are clearly committed to delivering more social housing, and I hope the Committee recognises the steps that we have taken over the past 10 months, including an £800 million in-year funding top-up to the 2021 to 2026 affordable homes programme; £2 billion of bridging support—I think the hon. Gentleman made a mistake in referring to it as £2 million—that will bring forward up to 18,000 new social homes; and in the multi-year spending review, the Government will set out the full details of a new grant funding programme to succeed the 2021 to 2026 affordable homes programme. In that, we are looking to prioritise the delivery of social rented homes, which is a Government priority.

Proposed new section 12D(5)(b) of the Planning and Compulsory Purchase Act 2004 makes provision for a spatial development strategy to specify or describe an amount or distribution of affordable housing, or any other kind of housing that the strategic planning authority considers to be of strategic importance to the strategy area. SDSs can therefore already play an important role in the delivery of social and affordable housing, if the strategic authority in question considers it necessary. Amendment 29 is therefore not necessary, and I request that the hon. Member withdraws it.

The shadow Minister tempted me into a much wider debate on the Government’s revised standard method for assessing housing need, which was introduced in the updated NPPF late last year. I will not go into too much detail, but the point of difference is that, under the previous Government, a 35% urban uplift was applied to the most populous local planning authority within the country’s 20 largest cities and urban centres. We have removed that urban uplift.

--- Later in debate ---

[Gideon Amos]

The hon. Member for Basingstoke invited me to go down memory lane to what was happening in 2009, 2010 and so on. I am happy to do so. The Liberal Democrats went into coalition at that point. They were 9% of the Members of Parliament, but prevented a great deal of the worst excesses of the Conservative Government over that time, and continue to stand by that achievement. In fact, there was a 25% increase in affordable housing starts based on £15 billion of additional funding on affordable social housing under the coalition. In contrast, in 2009, a Labour Chancellor proposed cuts in the pre-Budget papers that he called “deeper and tougher” than anything Margaret Thatcher did in the 1980s, and began a £22 billion cut in capital expenditure, which was greater than the—

[Luke Murphy]

Will the hon. Member give way?

[Gideon Amos]

I will not give way. I need to get back to the present day, if the hon. Gentleman will forgive me. It is important to dwell not on the proposed cuts of £22 billion to capital expenditure from 2009-10 onwards that the outgoing Labour Government were proposing, but on the reality of the situation that faces people who need social homes today. That is what amendment 29 is all about.

The hon. Member for Basingstoke suggested that the amount required per social home is £183,000. Figures from the Centre for Economics and Business Research suggest that that is actually £131,000 a home. I do not doubt his sincerity in looking at the costs of each social home, but those are our figures. Against that, our proposed investment of £6 billion would be on top of the existing affordable homes programme of £2.3 billion.

In passing, as I pointed out in my opening remarks, we recognise and respect the £2 billion investment that the Government have put into the affordable housing programme for up to 18,000 affordable homes. It is worthwhile. Our amendment simply asks the Government to go further and faster. Our commitment of £6 billion per year in our suggested budget—funded by the taxation proposals we set out there—added to the £2.3 billion of the existing affordable homes programme, would be sufficient to get us to a delivery level of 150,000 social homes per year in the course of a Parliament, according to figures from the Centre for Economics and Business Research.

Our proposals are therefore founded on some consideration of the financial costs involved and of the priority that the Government need to give to the delivery of social homes. I reiterate simply that, as my hon. Friend the Member for Didcot and Wantage pointed out, relying on the private sector to provide low-cost social housing or even to bring down the price of housing has not worked to date and is extremely unlikely, to say the least, to happen in future.

Planning and Infrastructure Bill (Eighth sitting)

Luke Murphy Excerpts

Committee stage
Wednesday 14th May 2025 Public Bill Committees

[Ellie Chowns]

I am delighted to move amendment 1 on chalk streams, which was tabled in the name of the hon. Member for North East Hertfordshire (Chris Hinchliff).

Clause 47 introduces spatial development strategies to provide a new strategic layer to the planning system. That creates a real opportunity to create new planning protections for strategic but threatened natural resources, such as chalk streams. We have talked about these matters in the Chamber throughout my time here, so I think we all know that the south and east of England are home to fresh waters that rise on chalk soils, whose filtration qualities result in crystal-clear, mineral-rich waters teeming with aquatic life. They are truly beautiful.

A handful of chalk streams occur in northern France and Denmark, but the majority are found in England, so this globally rare ecosystem is largely restricted to our shores. We have a huge responsibly to protect it, and a huge opportunity with the Bill. Sadly, however, we are currently failing to look after this natural treasure adequately for the world. These rare habitats are threatened like never before due to development and other pressures. Some 37% of chalk water bodies do not meet the criteria for good ecological status, due in large part to over-abstraction of water to serve development in inappropriate locations. This spring is the driest since 1956, and there is a risk that some vulnerable chalk streams will dry up altogether, which would be terrible.

Amendment 1 would equip the Bill to address those risks and reduce the impact of development on chalk streams. It would direct the Secretary of State to create new protections for chalk streams and require spatial development authorities covering areas with chalk streams to use those protections to protect and enhance them within the SDS. The affixing of chalk stream responsibility to spatial development strategies would allow the protections to be applied strategically and effectively across entire regions where chalk streams flow. Water bodies, rivers and streams do not respect our administrative boundaries, so we need cross-boundary co-operation to ensure effective protection in the whole catchment. That would also allow the protection requirements to be fairly balanced with development objectives, furthering the wins for both nature and development that Ministers say they are so keen to see from this Bill.

Successive Governments have failed to bring forward the planning reforms needed to address the development pressures that are eroding some of England’s natural crown jewels, and chalk streams are absolutely in that category. There is significant cross-party support for this amendment and for action—I have heard many Members speak about this matter in the Chamber—so I hope the Minister listens, accepts the amendment and delivers a timely new protection for one of our most threatened habitats.

[Luke Murphy (Basingstoke) (Lab)]

It is a pleasure to serve under your chairship Mrs Hobhouse. I do not agree that this is the right place to make such an amendment to the Bill, but I agree with the hon. Member for North Herefordshire about chalk streams and I want to put on my record my appreciation for those rare and irreplaceable habitats.

In Basingstoke and Hampshire, we are blessed with the River Loddon and the River Test. During the election campaign, I enjoyed—or was subject to, depending on your point of view—a sermon from Feargal Sharkey about chalk streams, and I learned much. As the hon. Lady says, they are very rare and irreplaceable, and they mean a lot to many people.

Although I do not believe this is the place to put this amendment into legislation, I would be grateful if the Minister can set out the Government’s position on how to protect these rare and special habitats. I also pay tribute to the Hampshire and Isle of Wight Wildlife Trust, Natural Basingstoke and Greener Basingstoke for their outstanding work and campaigning to protect these much-loved rare habitats.

[Gideon Amos]

I rise to support amendment 1 and speak to amendment 30, which my hon. Friend the Member for Didcot and Wantage will talk about, and amendment 28, in my name, which relates to local wildlife sites.

Amendment 28 would require spatial development strategies to take account of local wildlife sites and include policies that would avoid development on them. Local wildlife sites are some of the country’s most valuable and important spaces for nature. They are selected locally using robust scientific criteria. Those critical sites for biodiversity create wildlife corridors that join up other nationally and internationally designated sites, improving ecological coherence and connectivity. It is a misconception to think that all the best sites for nature conservation are designated sites of special scientific interest—that is not true. SSSIs cover only a representative sample of particular habitats, which means that only a certain number of sites are covered by the national selection. Local wildlife sites, in contrast, operate by a more comprehensive approach, and all sites that meet the criteria are selected. Consequently, some local wildlife sites are of equal biodiversity value to SSSIs.

Where there is little SSSI coverage, local wildlife sites are often the principal wildlife resource for the area, as well as an important place for communities to access nature on their doorstep. In my constituency of Taunton and Wellington, there are 213 local wildlife sites covering almost 23.5 sq km, compared with 16 sq km of land designated as sites of special scientific interest.

In the interest of time, I will cut short my remarks, but it is important to say that the current protection for local wildlife sites in the national planning policy framework is not strong enough, and 2% of sites have been lost or damaged in recent years. My amendment would improve the recognition of local wildlife sites and provide clarity to allow plan makers and decision makers to make the appropriate provision to protect and enhance local wildlife sites within spatial development strategies.

--- Later in debate ---

I urge the Committee to support the amendment. It reflects public expectation, ecological and scientific evidence, and policy consistency. It would give clarity to developers and comfort to conservationists, who are deeply worried. Most of all, it would honour our obligation to protect the natural heritage we cannot afford to lose.

[Luke Murphy]

I rise to speak to clause 50. The Government and the Minister deserve complete praise for their attempt to thread the needle of building more homes while protecting and restoring nature. We must recognise that the system we inherited was failing on both counts. The innovative approach outlined in this part of the Bill, including in clause 50, is to be applauded.

I have one question for the Minister. In evidence to the Committee, there was a difference of opinion between Natural England and Wildlife and Countryside Link about whether the mitigation hierarchy would still apply under the Bill. As the Minister is aware, the Office for Environmental Protection has also expressed concerns about the undermining of the mitigation hierarchy. Here we have a disagreement between Natural England and the OEP on the loss of the mitigation hierarchy, and whether developers can indeed get away without avoiding harm.

I have also seen written evidence from Arbtech, the leading ecological consultancy in the UK and a major employer in the constituency of my right hon. Friend the Member for Alyn and Deeside (Mark Tami). In its representations on the issue, it also expressed concerns on behalf of developers about the complexities that could be created for them. I ask the Minister, how can we clear up the discrepancy? It is absolutely clear that the Government want to avoid harm for habitats that cannot be easily replaced, and that the Government want to restore and protect nature and achieve our housing goals. How can we give the OEP and others the confidence that the Government’s intentions will be made a legal reality?

[Gideon Amos]

I rise to speak in support of amendment 13, which would require that the conservation measures undertaken within environmental delivery plans should significantly protect environmental features. It is one of a number of similar amendments that I will not speak to at length. Together, they would strengthen the thrust and strength of environmental delivery plans.

I say gently to the Government that if none of these strengthening opportunities is taken, we will end up with a Bill that provides environmental delivery plans that do not have the confidence of environmental bodies in this country or those who represent our environment. I hope that the Minister will consider that as we debate these amendments, which may seem to concern minor matters of wording but could really strengthen the structure of EDPs.

We look forward to hearing what the Government have to say about amendment 18, which was tabled by the hon. Member for North Herefordshire. We are concerned about irreplaceable habitats, and we look for some reassurance on that topic before considering how we respond to that amendment.

--- Later in debate ---

[Matthew Pennycook]

I do not think I could have been any clearer that the Government are reflecting on the OEP’s letter and the points it has set out. I will not issue the Government response to that letter today in Committee; I am setting out the Government’s position on the Bill as it stands, but we will reflect on those concerns. If we feel that any changes need to be made to the Bill, we will, of course, notify the House at the appropriate point and table any changes. We are reflecting on whether they are needed to ensure that the intent of this part of the Bill, which we have been very clear must deliver both for the environment and for development, is met.

I will finish by making a couple of more points, because there are other provisions of the Bill that pertain to this area. There is already a requirement in clause 57 for Natural England to publish reports at least twice over the environmental delivery plan period, which will ensure transparency on how conservation measures are being delivered. That requirement is a minimum, and it may publish reports at any other time as needed. The reports will ensure that Natural England can monitor the impact of conservation measures to date to ensure that appropriate actions are taken to deliver the improved outcomes.

In establishing an alternative to the existing system, the Bill intentionally provides flexibility to diverge from a restrictive application of the mitigation hierarchy. We will come on to that again in clause 55. That, however, will only be where Natural England considers it to be appropriate and where it would deliver better outcomes for nature over the course of the EDP. The status quo is not working, and we have to find a smarter way to ensure there is that win-win. The alternative is to say that the status quo remains as it is, and we do not get those more positive outcomes for nature, but as I have said, we are reflecting on the OEP’s letter.

[Luke Murphy]

The Committee should hear exactly what the Minister has said: he and the Government are reflecting on what the OEP has said. It is only seven working days since the OEP sent its letter, so to rush forward with a full response now would be foolhardy. It is right that the Government reflect on it and we should accept the Minister at his word, given that he has strongly made clear that the Government are reflecting on the OEP’s advice.

[Matthew Pennycook]

I thank my hon. Friend for making that point. It is only seven days. The hon. Member for North Herefordshire might expect Government to move quicker than they do, but they do not. It is right that we take time to reflect properly on whether the Government agree that some of the points the OEP has made are valid—we are allowed to have a difference of opinion—and that we should respond in an appropriate way, or whether the Bill as drafted on the particular points made is sufficient. We are reflecting on those points.

Planning and Infrastructure Bill (Sixth sitting)

Luke Murphy Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Lewis Cocking (Broxbourne) (Con)]

It is a pleasure to serve under your chairmanship, Ms Jardine. I support giving consumers choice and making it easier to install electric car charging points. This will be a massive help for people in flats—if they want to make the switch to an EV and cannot charge their vehicle at home, the more public charging points there are, the better—but we need to think about it carefully.

My constituents are fed up with multiple utility companies digging up the roads willy-nilly—sometimes, the same stretch of road. There does not seem to be any logic behind where roadworks will be, and multiple roadworks happen at the same time.

We need to issue guidance. If utility companies, councils and other authorities are going to install loads of charging points, it needs to be done in a logical way. What work are the Government doing with all the different companies and operators in this space? We do not want to see consumers turning up to different charge points that all have different connectors. We need to make this as easy as possible for the consumer, no matter what car they drive.

I reiterate that we cannot just dig up roads willy-nilly. What discussions are the Government having with the companies in this space to make it as easy as possible for consumers to access charge points?

[Luke Murphy (Basingstoke) (Lab)]

It is a delight to serve under your chairship, Ms Jardine. I welcome these proposals. This is a major reform that will allow the Government to speed up the delivery of vital electric vehicle infrastructure, to deliver on our climate targets and ensure that we can meet the growing demand for electric vehicles.

I share the disappointment of my hon. Friend the Member for Taunton and Wellington in the words of the shadow Minister, the hon. Member for Hamble Valley, on the future of electric vehicles. The Conservative party’s position is anti-business and anti-investment. Electric vehicles are the future, and they are going to create jobs.

[Paul Holmes]

I resist the temptation to say that the hon. Gentleman is picking me up on every point in this Committee. At no point did I say that I do not think we should have cleaner energy or better, cleaner and greener vehicles. I happen to think that the investment that is needed to bring the infrastructure up to scratch, alongside the emissions caused by the technology that is used in the creation of these electric cars, means that we need to diversify and find other ways to have cleaner cars.

In no way should the hon. Gentleman interpret my words as being anti-business. In fact, other areas, particularly the hydrogen sector, will deliver much more business investment in my constituency of Hamble Valley, and in his constituency of Basingstoke, through the proposals coming forward with the energy companies in the Solent.

[Luke Murphy]

I thank the shadow Minister for his intervention. I do not disagree. Instavolt, one of the largest public electric vehicle rapid charging network providers in my constituency of Basingstoke, fully supports these proposals.

The reason why I think the Conservative party’s position is anti-business and anti-jobs is that businesses are crying out for certainty—they want certainty about the transition, not big question marks about the future. I support the removal of the need for a street works licence under section 50, which will cut down on paperwork and costs. I echo the remarks of my hon. Friend the Member for North Warwickshire and Bedworth on accessibility, but I support this proposal, which will allow us to speed ahead and build a world-leading charging network.

[Nesil Caliskan (Barking) (Lab)]

It is a pleasure to serve under your chairship, Ms Jardine. I echo the points made by other colleagues: I absolutely support the roll-out of electric vehicles, which is more likely due to this change. To be clear, I think local authorities will welcome it. They have long been frustrated by the current framework, which means that as they seek to roll out electrical vehicle charging points they are met with a planning system that prevents them from doing so at the necessary scale. Clause 43 removes the burden from local authorities and also from individuals, who often want to purchase an electric vehicle but think twice because being able to get a charging point in the convenience of their individual home is too difficult.

Finally, the point about cost is important. When we speak to companies that manufacture vehicle charging points, they are clear that the number of installations helps them to reduce the cost per head. This measure will mean that it becomes easier to install at a faster pace, with the hope that the overall cost will be reduced. I support the measure and think it will be a crucial step in this Labour Government’s important mission to reach net zero.

--- Later in debate ---

[Luke Murphy]

I, too, rise to support the measures. The Committee heard evidence from developers that they do not at all mind paying higher fees as long as they get a fast, quality service that delivers quicker and better outcomes for everyone involved.

We know that planners are absolutely vital to planning the future of our communities, the places where we will live for years to come, and they cannot do that on a shoestring. For too long, we have seen many local planning authorities unable to cover their costs, which causes delays and cuts and has led to a doom loop in the planning system. It is great that the Government plan to give control to local planning authorities, with the safeguards that the Minister has set out, to set their own fees and ensure that we can have the proactive, effective and fast planning system that we all want.

[Matthew Pennycook]

I will set out a couple of points in response to questions raised by hon. Members. If I miss anything, I am more than happy to follow up in writing on the technical detail, including on some issues that sit outside the scope of the clause but are pertinent.

For example, the Liberal Democrat spokesperson, the hon. Member for Taunton and Wellington, raised the issue of salaries that could be paid to local planning department staff. That will be a consideration for local planning authorities attracting talent. He is right that over recent years we have seen, for a variety of reasons, a bleeding out of talent, particularly to the private sector. There is a challenge in attracting the requisite skills into the public sector to ensure that we can take our planning reforms forward.

The purpose of clause 44 is to allow the Secretary of State, through regulations, to delegate the power to set planning fees and charges to local planning authorities. It will be up to local planning authorities whether to set their own fees or remain on what will essentially become a default national fee rate. We will carry out a national benchmarking exercise, including engagement with local authorities, to ensure that the default rate is at an appropriate level.

For the process by which local authorities can set their own fees, if that is the route they want to take, the Bill has a number of safeguards to ensure that fees are not set too high. In the first instance, local planning authorities will be required to undertake public consultations and publish information to justify any local fees prior to their introduction. To respond to the hon. Member for Ruislip, Northwood and Pinner, that is in the process in which local planning authorities would be able to evidence particular challenges in their area that require them to have a skillset and resource base slightly different from those of other local planning authorities, but that would have to be properly justified.

For objections, there will be a process by which the Secretary of State can intervene and direct local planning authorities to amend their fees or charges when those have been set at an inappropriate level. I note the point, well made by the hon. Member for Ruislip, Northwood and Pinner, that such directions—that intervention—would have to come at a point that allowed a local authority to ensure that the changes were made in a timely manner relative to its other financial responsibilities.

Any hon. Member is free to intervene if I have missed a point, but I hope that I have broadly reassured the Committee that the clause will provide for those who want to set their own fees—although I stress that an authority can remain on the national default rate if it wants—so that the fees can more fully reflect the cost of processing applications and thus ensure that we are providing a timely service. It is a beneficial change.

Planning and Infrastructure Bill (Fifth sitting)

Luke Murphy Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Paul Holmes]

Amendment 83 was tabled by the shadow Scottish Secretary, my hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie). We welcome clause 22, which empowers the Secretary of State to establish a financial benefit scheme for people living near new or upgraded electricity transmission infrastructure. It is vital that people living locally to such works, who will see their life disrupted, should receive fair compensation for their trouble. I said in the last Committee session, as did other Opposition Members, that we support the Government’s move to do that and to involve local communities, following on from some of the provisions that the Conservatives made in government.

Where there is a disagreement, however, is on the level of that compensation. Amendment 83 would require the Secretary of State to establish a scheme under which persons with a specified connection to qualifying premises are entitled to a financial benefit of £1,000 per year for 10 years, provided directly or indirectly by electricity providers. We believe that this would be able to be monitored under the current scope of the legislation, particularly where it says that the Secretary of State may provide funding from Parliament to those administering the scheme.

Provisions would also be made for complaints, procedures, appeals or dispute resolution related to the scheme. The regulations would be subject to an affirmative procedure—we do not see any need to change that. The clause would apply to England, Scotland and Wales and come into force on Royal Assent. We would argue that the level set out in the amendment would not need to change the Bill. The scheme would allow eligible residents, mainly through electricity suppliers, to receive benefits based on the proximity to above-ground transmission projects, including past projects, which are fair and proportionate.

Under our amendment, any scheme established under proposed new section 38A(1) of the Electricity Act 1989 would have to include provision for, for example, homeowners residing within 500 metres of qualifying premises to be entitled to financial benefits of £1,000 a year for 10 years. The Minister and I did not argue—we never argue—but debated last time, and the Opposition accept the nature of what the Minister intends to do, but we feel that there needs to be more clarity for the consumer and for local people. There were stories on Sky News that the consumer benefit for homes near electricity transmission infrastructure would be set at about £250 a year, so I would be grateful if the Minister would state what he expects the level of compensation to be and clarify that for the rest of the Committee.

Whether the Minister chooses to accept our very reasonable offer of £1,000 a year or not, will he answer how errors or instances of fraud will be handled within the administration of the benefit scheme? What rights do residents or other parties have to appeal decisions or penalties related to the benefit scheme? What role will the Secretary of State play in ongoing monitoring and enforcement of the scheme, with particular regard to regulatory powers?

As I said, I do not want to go over the arguments again, but the Opposition believe that we must take communities with us, when it comes to consumers and people affected by large-scale planning decisions through centralisation and an attempt—to be fair to the Minister—to reduce the bureaucracy and deliver the infrastructure that we need. We talked last time about community benefit under other amendments and clauses of the Bill. The Opposition believe that residents and local communities deserve to know that there will be a certain amount for a certain period, and we believe that £1,000 a year for 10 years is something that local people would welcome. I commend amendment 83 to the Committee.

[Luke Murphy (Basingstoke) (Lab)]

It is a pleasure to be able to speak briefly on clause 22, which I welcome. This scheme is key to delivering the key Government commitment to ensuring that those who are closest to new electricity infrastructure feel the benefits soonest. Also important is the Government guidance that will be brought forward on how developers will ensure that communities hosting transmission infrastructure can benefit, including through funding for community projects, sports clubs and leisure facilities. I welcome this key commitment.

It is disappointing that the shadow Secretary of State for Scotland, the hon. Member for West Aberdeenshire and Kincardine, is not here to explain further his comments in the newspapers today. He has moved from saying that he opposes electricity pylons to the issue of scientists themselves, suggesting that climate targets are not, in fact, science-based. It is disappointing that he is not here to defend his amendment, but I very much welcome the Government’s proposal.

[The Chair]

I remind Members that the hon. Member for West Aberdeenshire and Kincardine cannot be here because he is not on the Committee, so he is excused.

--- Later in debate ---

[Luke Murphy]

Can I withdraw my criticism about the absence of the shadow Minister for Energy?

[Michael Shanks]

The Minister for Energy made it on to this Committee; the shadow Minister for Energy could have made it on to this Committee as well, so my hon. Friend should not withdraw his criticism so hastily. Anyway, he is ever present in these discussions and we enjoy his contributions from beyond the Committee room.

--- Later in debate ---

[Paul Holmes]

Well, I am grateful to him for trying to give all the answers, but I only agree with some of them, as he would expect. I wish that he would accept the amendment, but he has stated clearly that he will not. The amendment is ambitious and would give clarity to the consumer and local people about what they should expect.

I understand what the Minister said about the amount of money given to local people being legislated for in secondary legislation, but there is a question about why he will not put that into primary legislation. He could be clear—the £250 a year was clearly leaked to the press a few months ago—but the Government have still not produced any legislation to give certainty to the consumer. That is symptomatic of the Government: in lots of areas of the legislation, they simply have not provided any detail to the people it affects. We will get to those other examples later, when we come to the specific issue of planning reform.

The hon. Member for Basingstoke seems to have an encyclopaedic knowledge of Opposition politicians’ quotes; I suggest that the Whips Office makes more use of him, given his ability to get an Opposition quote quickly, just like that. He might want to get a hobby, I don’t know, but he is good on quotes.

[Luke Murphy]

Will the shadow Minister give way?

[Paul Holmes]

I will, yes—is he going to give me another one?

[Luke Murphy]

I do not need to have encyclopaedic knowledge to read the newspapers this morning, which is where the shadow Secretary of State made those comments.

[Paul Holmes]

I do not know which newspaper the hon. Gentleman reads, but it is obviously not a very good one, because it takes the comments of my hon. Friend the shadow Scottish Secretary and acting shadow Energy Secretary out of context.

My hon. Friend did say that the target date was not based on evidence, but he was talking about the arbitrary nature of the 2050 target for net zero; he clearly did not say that there was no science behind the concept of climate change. The hon. Member for Basingstoke is a doughty champion and fiery Back Bencher, destined for high ministerial office. He would be a good Minister, but he needs to read out the whole of a quote and give the genuine context of any comments by Opposition politicians.

To come back to the amendment, Mrs Hobhouse—I feel your beady eye upon me—the shadow Scottish Secretary has a clear record. In his earlier comments, he talked about bills going down, but bills are up by £300 a year. There was a manifesto commitment to reduce energy bills for people by £300 a year, and that is simply not happening because of the record of the Department for Energy Security and Net Zero. At the moment, it is closing down oilfields and relying far too much on renewable energy, without getting to the sustainable level at which energy bills could come down. The Minister keeps saying that he wants to bring them down, but when will they come down?

We understand and support the aims and ambitions of new clause 102, tabled by the Liberal Democrat spokesman, the hon. Member for Taunton and Wellington. However, we think there is some question about its practical implementation, specifically taking into account

“5% of the annual revenue of the relevant project”

and the provision

“for two-thirds of the financial benefits accruing to a community under this section to be paid to the council of that community”.

We do not necessarily think that that is how the money should be distributed. As we discussed in the last sitting, and I agree with the Minister entirely, if a local authority gets money dedicated for a community, that does not necessarily mean that the money will get to the community. That is part of the flaw of the section 106 system and the community infrastructure levy. We all know examples of when money has been given, with the good intentions shown in this honourable new clause, but the community that needed to be helped simply was not. We feel that is not the best way to distribute the money; I believe the Minister feels the same, following our lengthy discussion on whether he can or cannot award money to Scottish Ministers or local authorities. I am sure he will come back to that line another time.

On new clause 102, the point is what the Minister said earlier about lines going through multiple local authorities; the well-intentioned money would not get to the right people at the right time. It would be diluted, and we do not think that that is the right way forward. However, we absolutely support the Liberal Democrats in their ambition to make sure. That is why we put a specific figure into our amendment 83: we absolutely want to make sure that the people desperately affected by some of the infrastructure investment genuinely get some of that money. We also understand and endorse the element of community improvements, which I know we will come on to in other areas of the legislation.

The Minister is a good man. We entirely endorse him and will work together on the need for benefits for the people affected. But he needs to be more ambitious—he should have come the Committee today with a specific figure; he should not have said to the Committee that he is “minded”. He could have put in primary legislation the amount the Government were willing to give. I put down in my notes too soon that the Minister was very tight, with £250 a year—I think that was unfair to him.

But the Minister needs to be more ambitious: he should match our commitment to £1,000 a year and to local people affected by such infrastructure knowing that they would be guaranteed that for 10 years. Most people are responsible when spending their own money; we believe they would put that into the community, which would benefit it and improve its infrastructure. I commend amendment 83 to the Committee, and we will press it to a Division.

Question put, That the amendment be made.

--- Later in debate ---

[Paul Holmes]

I welcome the clarity in the Minister’s opening remarks on the clause. While the theory of generating renewable energy, and deriving income by selling electricity generated from renewable sources, on public forestry land is positive, several concerns need to be addressed that do not lend support to the Government’s initiative. I issue a word of warning to the Minister from experience: measures that concern public forests can be very divisive. As the previous party in government, we still have the scars on our back when it comes to forests. However, we accept that there are clear precedents in Scotland for what the clause will do.

I have a couple of questions for the Minister on these very well intentioned measures. Again, there is a need for clear consultation with people who live locally. We accept that these forests are run by experts, and we pay tribute to them for the way in which they run our forests across the country, but there will be people who have an absolute passion for our forests. Believe me: we saw them in our inbox when I worked for an MP. We need some clarity on that.

My first question is how the powers will balance commercial activity with conservation duties. The Minister said that there are examples of where we have done that before. It is a genuine question. We must make sure that when there is a drive to allow this to happen, some of the conversation elements are not lost in the management of the forests, and that renewable projects do not undermine biodiversity, recreation or climate resilience.

Secondly, what criteria will determine when ministerial consent is required for projects? As I am sure we agree, clear thresholds are necessary for consistency and community confidence. Within that, there must be consultation of local people. As I said, it can be an incredibly emotive topic when people find out from their local forestry commission that it is engaging in some electricity generation. When it comes to our beautiful forests, such wording can mean that people need to be told about it properly and consulted properly. What is the Minister doing to ensure that that will be at the forefront of these projects? As I said, we have been there before.

Does the Minister have any concept of how income from renewable generation will be managed? Oversight mechanisms will be vital to ensure transparency and accountability in these commercial activities. Are there limits on the scale or type of renewable projects on public land to prevent industrial-scale developments, and how will local communities be engaged in decisions affecting their access to public land?

While the clause offers opportunities, it poses risks that need careful management, so I urge the Government to provide more details to ensure that the powers are used responsibly, and that there is no mission creep at the end of the day from this very well intentioned clause.

[Luke Murphy]

I rise briefly to welcome the clause, which underlines the Government’s commitment both to tackle climate change and to restore and protect nature. As the Minister said, we have seen how Forestry and Land Scotland has been able to make use of its estate to install more than a gigawatt of generating capacity, which has been a major source of revenue for it to continue its conservation, preservation and reforestation mission. Once again, it underlines the Government’s commitment to protect nature while tackling climate change.

[David Simmonds]

My great-grandfather spent his entire working life at the pit in Cwmcarn, which is now a forestry commission site. There is evidence of the coal that was dug for centuries on that site, which is now a place that is enjoyed for leisure by all. Broadly, I echo the comments about welcoming the clause.

On page 35, line 20, the excluded types of fuel are listed, to determine what may be considered to be renewable. Waste to energy is not included; nor is the sustainable fuel mandate, which is currently focused on aviation fuel, but ultimately involves producing a gasoline product entirely from waste the purpose of which is to create energy. The fuel may go into aircraft, but it could be used for other purposes. The concept of waste to energy means, essentially, building an incinerator on forestry land to burn waste and generate electricity. By implication, that is something that the Government envisage as a result of that subsection. Could the Minister say more about that?

Planning and Infrastructure Bill (Third sitting)

Luke Murphy Excerpts

Committee stage
Tuesday 29th April 2025 Public Bill Committees

[Ellie Chowns]

Indeed, and I noted the hon. Gentleman’s comments about bringing forward a proposal about meaningful consultation. I would very much welcome looking at that. I think that would help to address the concerns being raised here.

[Luke Murphy (Basingstoke) (Lab)]

It is a pleasure to serve under your chairship, Mrs Hobhouse. I note the hon. Member’s comments about how the Government arrange the witness sessions, but surely she would not dispute the point about the increasing delays in the pre-application process from 14 months to 27 months. That is a serious issue. The Fens reservoir spent more than 1,000 days in pre-application. The National Grid’s application for Bramford to Twinstead spent 717 days in pre-application for just an overhead line and underground cables covering less than 30 km. Hinkley Point C spent three years in pre-app. Sizewell C spent seven and a half years in pre-app. The hon. Member cannot possibly be suggesting that pre-application is not an issue.

[Ellie Chowns]

I addressed those points in my comments. I am not disputing the fact that there are individual cases in which huge amounts of time have been spent. In response to the comments from the hon. Member for Glasgow East, I am not dismissing the evidence from the witness he referred to, but I have offered evidence from a report that looked at the whole spectrum of applications from 2011 onwards, which says that the representation of nature and community in pre-application requirements is not the underlying causal problem.

These issues are really complex. There is always a tendency to pick a particular example where the situation has clearly been problematic. I am not disputing the fact that some change may be needed. My argument is that it seems excessive to bring in a blanket policy and shift the pendulum too far away from the opportunity to use the pre-application consultation process to resolve issues that might clog up the process later on, because the requirement for meaningful consultation has been removed. Planning applications will always be contested, but these measures take it too far and sweep aside the rights of communities and organisations representing nature to have their voices heard, as well as the opportunity to resolve conflicts before they reach a legalistic stage.

--- Later in debate ---

[David Simmonds]

I have a lot of sympathy with the comments made by the hon. Members for Doncaster East and the Isle of Axholme and for North Herefordshire. I appreciate that the clause was tabled quite late, and the evidence that we heard last week was mixed. The National Infrastructure Commission gave us its views on the impact of pre-application consultation, and local authority representatives who are responsible for that section of the planning system’s decision making said that they have quite significant concerns.

The Opposition have sympathy with what the Government are trying to achieve, but it seems to me that, as the hon. Member for Taunton and Wellington outlined, we need to look at alternatives. It may be that a regime of deemed consent is a mechanism we could use to speed up elements of the process, or perhaps altering how we set out the requirements of pre-app consultation.

I know that you have extensive experience in local government, Mrs Hobhouse, and you will be aware that, as a matter of law, Parliament has set numerous obligations on local authorities in respect of the quasi-judicial process that they follow in planning, and numerous other obligations in respect of what they do for their communities. The pre-application process is a means drawing out, before a major application is made, how the impacts may play out.

I can draw a good recent example from personal experience. The Chancellor, at the Dispatch Box, said that Heathrow expansion, and airport expansion more generally, would be enabled because sustainable aviation fuel would reduce emissions. It is true that sustainable aviation fuel mandates reduce the overall lifetime emissions from a given quantity of aviation fuel, but they do not reduce the level of pollution at the tailpipe of the aircraft at all. So when we look at Heathrow airport, it does not matter whether the fuel burned there is sustainable aviation fuel or conventional aviation fuel; emissions within the locality, which are what give rise to the legal obligations on the local authority regarding air quality, remain the same. It is not a solution. When a developer proposes to create a solar farm, a battery storage area or a nuclear power station—or any kind of major infrastructure—the pre-application process gives the local authority an opportunity to begin to understand which of its legal obligations may be engaged by the application.

I am conscious of the experience that the hon. Member for Barking described, illustrating the need to streamline the process as much as possible, but clearly, as several hon. Members have said, the major risk of that is that a developer comes along and sets out an ambition for a development, and residents are consulted and their response is, “In general—in principle—that sounds okay, but what will the impact on us be? Do we understand that from what the developer is putting forward?”

[Luke Murphy]

It is useful to reflect on what Cavendish Consulting said in responding to these proposals:

“Removing a lot of the tick box requirements of a statutory consultation opens up an opportunity to be a lot more strategic and insight led in the pre-application communications, moving away from the security of ‘this is how we’ve done it before to get accepted’ to ‘what does this project and this community need’.”

The changes being proposed could be much more beneficial in removing the tick-box exercise and focusing on what communities need.

[David Simmonds]

I understand the point the hon. Member makes, but part of me thinks, “Well, they would say that, wouldn’t they?” For a business whose profits come from expediting the grant of planning consent as much as possible, removing potential obstacles to that is important.

However, as has been outlined in many of the examples that we have debated, there can be crucial points of detail that either would make all the difference to the level of consent and support in the local community for a project, or would engage other legal obligations that Parliament has placed on the local authorities, either to carry out an impact assessment—an evaluation of what that will mean—or, in some cases, to engage with that process to oppose the development taking place, because it contradicts other legal obligations placed on the authority by Parliament in respect of environment, health or whatever it may be. Clearly, we need to ensure that there is a functional process.