(1 week, 2 days ago)
Commons ChamberThe draft Bill, as published, includes exemptions that mirror the ground rent exemptions for new leases entered into since 30 July 2022, based on that previous Act of Parliament, but we will consider through the pre-legislative scrutiny process whether other exemptions would be appropriate for a small number of leases granted for specialist purposes. I can assure the hon. Member that I have given consideration, and will give further consideration, to the matter she raises.
Luke Murphy (Basingstoke) (Lab)
Since I was elected, so many constituents have raised with me the absolute nightmare of being trapped in leasehold and fleecehold, so I wholeheartedly congratulate the Minister on the action he is announcing today, particularly on capping ground rent, ending leasehold flats and the transition to commonhold. On the transition to commonhold, previous Governments have attempted to make this easier. Will he say a bit more about what the Bill will do to ensure that this Government make the transition happen, rather than failing as previous Governments have done?
My hon. Friend is absolutely right. For various reasons, commonhold failed to take off after its introduction in 2004 and the legal framework is now hopelessly out of date. That is why we have to reform and reinvigorate commonhold as a tenure. We want to put in place an easier conversion mechanism. We have given a great amount of thought to the Law Commission’s recommendations in this area, and we have tried to strike the right balance to ensure that our approach meets those objectives, but my hon. Friend is more than welcome to contribute to the scrutiny process for the draft Bill outside the Select Committee, and I hope that the does so.
(2 weeks ago)
Commons ChamberThe hon. Gentleman knows full well that I cannot comment on legal proceedings—it would be entirely inappropriate. I think the best response to his question is to quote the “new sheriff in town”, the right hon. Member for Newark, who is sitting directly in front of him and who took exactly the same decision in exactly the same circumstances. This is a direct quote from him:
“Elections in such circumstances risk confusing voters, and would be hard to justify when members could be elected to serve shortened terms.”—[Official Report, 22 February 2021; Vol. 689, c. 23WS-24WS.]
For once, he got it absolutely right.
Luke Murphy (Basingstoke) (Lab)
I take issue with the absolute brass neck of the shadow Secretary of State, who talked about the Government putting pressure on local government finances and then devolving the blame. Nothing could better describe the destructive austerity policies of the last Government, who devastated local councils across the country.
On the matter in hand, I welcome the decision to go ahead with elections in Hampshire and Basingstoke. That was the will of local councillors, though I accept that different areas have different circumstances. Are we still on track for the local government reorganisation process in Hampshire and Basingstoke? Can I impress upon the Secretary of State the importance of reaching a decision that endorses the proposal from Basingstoke, Hart and Rushmoor councils for a north Hampshire authority?
I am seeking to ensure that we remain on track by responding to the comments I have had from councils, and ensuring they have the resources so that the process goes ahead as everyone intends it to.
(7 months, 3 weeks ago)
Commons ChamberI 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.
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.
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.]
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.
(7 months, 3 weeks ago)
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—
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—
(8 months, 2 weeks ago)
Public Bill Committees
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?
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.
(8 months, 2 weeks ago)
Public Bill CommitteesYes, 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.
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.
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?
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.
(8 months, 3 weeks ago)
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.
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.
(8 months, 3 weeks ago)
Public Bill Committees
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.
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.
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—
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.
(8 months, 3 weeks ago)
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.
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.
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.
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.
(8 months, 3 weeks ago)
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.
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.
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.
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.