Planning and Infrastructure Bill

Debate between Matthew Pennycook and Ruth Cadbury

Consideration of Lords amendments
Thursday 13th November 2025 Commons Chamber

[Matthew Pennycook]

The Chancellor will set out her decisions on the Budget in fairly short order and the right hon. Gentleman will have to wait for that. I am going to be quite strict in sticking to the contents of the Bill and what is in scope, rather than ranging more widely, as he tempts me to do.

The amendments we tabled in the summer package provided greater confidence that the NRF delivers the improved outcomes for nature that are at the core of the model. I take the opportunity to thank all the hon. Members who engaged in constructive discussions with the Government about the NRF during Commons stages, not least my hon. Friend the Member for Basingstoke (Luke Murphy) for his thoughtful participation in Committee, which helped shape my thinking about the package of amendments in question.

I should also make clear that the Government tabled further technical amendments in the other place to ensure that the NRF works effectively across borders, as well as ensuring it is able to operate in the marine environment. Those amendments also ensure that the NRF can be used to support the impact of development on Ramsar sites. In addition, the Government supported an amendment tabled by Lord Banner in the other place to ensure that the NRF can accommodate the development processes associated with large strategic housing sites that are phased.

Turning to the amendments made by peers in the other place, I want to make clear that the Government welcomed the scrutiny and challenge provided, and that we are willing to make sensible concessions in some areas. However, I am afraid that most of the amendments sent back to this place seek to undermine the core principles of the Bill, and for that reason we cannot accept them. Let me make clear precisely why, in each instance where that is the case.

Lords amendment 1 would prevent the removal of existing parliamentary requirements that serve to delay material policy amendments to national policy statements. In short, it is a wrecking amendment designed to frustrate the Government’s intention to streamline the process for incorporating into NPSs changes that have already received public and parliamentary scrutiny. Let me emphasise once again that the intent of clause 2 is not to erode parliamentary scrutiny; it is simply about ensuring that scrutiny is proportionate to the four categories of changes the clause covers. That said, I have always recognised the sincere arguments made by various hon. and right hon. Members, as well as by noble Lords, about the importance of transparency and parliamentary scrutiny in respect of NPSs. That is precisely why I provided the Chair of the Liaison Committee, my hon. Friend the Member for Hackney South and Shoreditch (Dame Meg Hillier) with a number of assurances on Report.

For the purposes of clarity, let me repeat those assurances. When the Government of the day intend to make a reflective amendment to an NPS, a statement will be laid before Parliament announcing a review and the relevant Select Committee will be written to. Ministers will make themselves available to speak to that Committee and we will take into account the views of any Select Committee report published during the consultation period. Importantly, the NPS as amended must be laid in Parliament for 21 days, during which time this House may resolve that the amendment should not be proceeded with. In other words, Parliament retains the ultimate say over whether a change should be enacted.

To assuage further the concerns that some hon. Members might have about a reduction in scrutiny as a result of the clause, I am happy to provide a further commitment today: when a statement is laid in Parliament announcing a review, it will include how the proposed change or changes fall within the four categories of changes to which clause 2 applies. I cannot, however, accept Lords amendment 1 for the reasons I have set out, and I urge the House to reject it.

Turning next to Lords amendments 2 and 3, Lords amendment 2 enables faster consenting of major water infrastructure projects. Crucially, it allows third party providers, appointed by water undertakers, to apply to deliver such projects through the streamlined development consent order route.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Apologies, but I want to go back to the point the Minister was making about Lords amendment 1. As Chair of the Transport Committee, I am slightly concerned that we will get less opportunity and time to scrutinise major infrastructure projects. Had these proposals been law when High Speed 2 was first being considered, instead of a hybrid Bill, it is likely that HS2 would have come under them, and the third runway at Heathrow, plus the national infrastructure network, will do so. Does he not agree that this House and its Committees should have sufficient chance, not just to wait for the Minister’s convenience—

[Madam Deputy Speaker (Caroline Nokes)]

Order. The hon. Lady will know that that is a very long intervention.

[Matthew Pennycook]

I recognise the point my hon. Friend makes, but I do not agree that the change will mean Select Committees do not have the opportunity to feed their views into Government. As I said, what we are trying to do with the clause is ensure that the scrutiny provided is proportionate to the changes being made. These are, in most cases, minor and reflective changes. They do not entail the full amendment of a national policy statement; that would have to come via the normal route. I hope my comments on what we expect of Minister’s attendance at Select Committees and in other areas provides her with reassurance.

[Ruth Cadbury]

Will the Minister give way on that point?

[Matthew Pennycook]

No, I will not give way again. I will make some progress on the next set of amendments, which I need to get to, as I know many Members wish to speak.

As I was saying on Lords amendment 2, the Government support the intent of the amendment. However, subsections (7) and (8) of the new clause would require consents for listed buildings, conservation areas and archaeological sites to be obtained separately from the application for development consent for dams or reservoirs. We cannot support those subsections.

Lords amendment 3 is also problematic. It introduces additional notification and representation processes into the nationally significant infrastructure project regime when 20 or more residences are to be demolished in constructing dam or reservoir projects, despite such matters already being addressed by the Planning Act 2008. Both amendments are contrary to the intention of the NSIP regime, which introduced a streamlined “one- stop shop” approach to obtaining consents. It is the Government’s considered view that the regime already provides ample opportunity for those issues to be considered before the relevant Secretary of State makes their decision. Numerous adequate heritage safeguards and opportunities for communities and interested parties to have their say about dam and reservoir projects are already in place.

In respect of heritage concerns in particular, the national policy statement for water resources contains explicit policy on preserving the historical environment. When deciding whether to grant consent, the Secretary of State is under a statutory duty to have regard to the desirability of preserving a listed building, conservation area or scheduled monument where applications affect these assets. In respect of the demolition of homes, again, the Planning Act already provides sufficient safeguards for the compulsory acquisition of land. For those reasons, I urge the House to support an amendment to remove subsections (7) and (8) from Lords amendment 2 and to reject Lords amendment 3 in its entirety.

Turning to Lords amendment 31, as I mentioned earlier in my remarks, the Government are willing to make sensible concessions in some areas. The right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright), who is not in his place, made a strong case on Report for greater accessibility requirements for electric vehicle charge points. As he knows, I made a personal commitment to him to give further consideration to the arguments he made. The objective he sought is echoed in Lords amendment 31, which seeks to amend the Automated and Electric Vehicles Act 2018 to enable the mandating of accessibility requirements for public charge points through regulations.

As the House will know, the Government are already working closely with the sector to update the current accessibility standards for public charge points. However, I have been convinced that we should use the Bill to provide further certainty in respect of this matter, and we have therefore tabled an amendment in lieu that is faithful to the original amendment agreed in the other place, with some minor changes designed to ensure that the powers cover all relevant aspects of accessibility for public charge points and that requirements can be placed on all relevant parties that play a role in delivering them. The Government will of course consult before producing and laying the relevant regulations. The Department for Transport looks forward to working with both the Scottish and Welsh Governments on these matters. On that basis, I hope the House will support our amendment in lieu.

Lords amendment 32 would require the Government to publish an assessment of the impact of current regulation on low-hazard reservoirs and to set out proposals for deregulation of such reservoirs within six months of enactment. An assessment of the impact of current reservoir safety regulation has already been published on the Department for Environment, Food and Rural Affairs’ science search website. Furthermore, the Government already intend to set out proposals for the deregulation of low-hazard reservoirs within six months of the Bill receiving Royal Assent. I also commit to clarifying planning practice guidance for the permitted development right that grants planning permission for the development of on-farm reservoirs, giving clarity to farmers about when this permitted development right can be used. Given that the Government have fulfilled one aspect of the amendment already, and I have committed to fulfilling the rest today, we are clear that there is no need to legislate on the matter. I therefore urge the House to reject this amendment.

Lords amendment 33 seeks to make the first set of regulations for the national scheme of delegation subject to the affirmative procedure. I draw the House’s attention to the fact that the Delegated Powers and Regulatory Reform Committee did not raise concerns about the use of the negative procedure in respect of these regulations. We have already consulted on detailed proposals to help inform the regulations, and the clause itself imposes a duty on the Secretary of State to consult again on the draft regulations before they are brought into force. This consultation duty will apply not only to the first set of regulations, but for any subsequent changes to those regulations. In the light of the two rounds of consultation planned before those regulations are laid, I urge the House to reject this amendment.

New Homes (Solar Generation) Bill

Debate between Matthew Pennycook and Ruth Cadbury

2nd reading
Friday 17th January 2025 Commons Chamber

[Matthew Pennycook]

My hon. Friend makes a good point. I am afraid that the time to go into it is not available to me, but I would mention the Government’s intention to revise viability guidance this year to strengthen the section 106 developer contributions system rather than implementing the infrastructure levy that the previous Government devised. In lots of different respects, this Government are absolutely ensuring that developers are held to the commitments they make, and, as she will know, we gave significant weight to the benefits of renewable and low-carbon energy proposals more generally in the NPPF.

As I was saying, maintaining consistency with the established direction of travel is vital. There is a history of environmental standards being committed to and then withdrawn by previous Governments, which has understandably left industry reluctant to invest in preparing for new standards. However, since its announcement in 2019, the future homes standard has become a world-recognised framework, giving industry time to develop the necessary supply chains, skills and construction practices, and many developers are already building to higher standards in anticipation of its roll-out. Introducing conflicting legislation at this stage could create significant confusion and risks reversing the confidence and momentum that we have worked hard to establish.

Let me reassure the House that it is our firm intention to legislate for future standards later this year, as I have made clear, and to increase rooftop solar deployment significantly as a result. I understand that hon. Members and industry will need more details about what the standards will entail before they can arrive at a judgment as to their efficacy. Although we need to take the necessary time to get that right, my intention is to set out further details as soon as I am able—in the not-too-distant future, I hope.

[Ruth Cadbury]

I understand that 1.5 million Germans live in flats that have solar panels on their balconies. Will the Minister consider that as an option, in both new and retrofitted housing, as he looks at this important work?

[Matthew Pennycook]

As I said, we will set out further details on the new standards in the not-too-distant future.

I reiterate my thanks to the hon. Member for Cheltenham for introducing this commendable Bill. Although the Government cannot support it for the reasons that I have given, we very much agree with the sentiment and ambition that have motivated it, and I recognise and appreciate all the dedicated work that I know he has put into it. For that reason, and assuming that he is willing, I would very much welcome an ongoing dialogue with him as the Government progress our work on the new standards, so that he has an opportunity to build on the important contribution that he has made in introducing this legislation, and to work closely with me and my officials prior to the introduction of our legislation so that his work and the views he has developed are properly incorporated and taken into account. On that basis, and given the widespread consensus on the objectives of the Bill, I hope that he will not seek to divide the House on its Second Reading.