Planning and Infrastructure Bill (Fourteenth sitting)

Olly Glover Excerpts

Thursday 22nd May 2025 Public Bill Committees

Brought up, and read the First time.

[Olly Glover (Didcot and Wantage) (LD)]

I beg to move, That the clause be read a Second time.

It is once again a pleasure to serve under your chairship, Mrs Hobhouse, in the final hour of this Bill Committee—[Hon. Members: “Hear, hear!”]—metaphorically speaking, of course. I rise to speak to new clause 88 on behalf of my hon. Friend the Member for Henley and Thame (Freddie van Mierlo). The new clause is intended to update the guidance on the use of compulsory purchase orders for active travel routes. One of the reasons the Liberal Democrats tabled the new clause is because, not unlike many other forms of infrastructure, building active travel routes seems to take a disproportionately long time and involve a huge amount of legal complexity. This is one idea to help make it a little easier.

The new clause calls on the Secretary of State to review existing guidance and remove barriers to using compulsory purchase orders for active travel routes—I have previously pledged not to use that term—by which I mean walking, cycling and wheeling routes. Such orders can be used to acquire land for a project or development that is in the public interest, but local authorities seem currently reluctant to use them, although they regularly do so for road projects.

To give an example, in the constituency of my hon. Friend the Member for Henley and Thame, the Thame to Haddenham greenway is a cycleway that will connect Thame to the village Haddenham, just three miles away, which would also help to improve connectivity between Thame itself and the Haddenham and Thame Parkway station on the Chiltern main line. Currently, reaching one from the other requires a cycle down the very busy A418. It is an important link, as it would provide safer pedestrian and cycle routes for tourism, for visiting friends and family in the area, and for commuting to and from London. I could bore the Committee with many similar examples in my own constituency, but I shall restrain myself on this occasion.

The delay is being caused by a variety of issues, but the biggest in this case is trying to acquire the land. Because of the number of owners, it is often the case that one may refuse, even if many others are willing, making the whole route or project impossible. Using a compulsory purchase order would allow the local authority to bypass such obstacles to build the project, as it would be seen as delivering a public good.

While there are a few cases of CPOs being used successfully for active travel, it is difficult because local authorities are reluctant, and the new clause would improve that situation. I look forward to hearing the Minister’s comments.

[Matthew Pennycook]

I thank the hon. Gentleman for speaking to new clause 88, tabled by the hon. Member for Henley and Thame. The new clause would place a requirement on the Secretary of State to publish guidance within 12 months of the Bill becoming law on what is considered a compelling case in the public interest for the use of compulsory purchase powers, and to clarify that active travel schemes are in the public interest. The Government already publish guidance on the compulsory purchase process, including advice on how local authorities can demonstrate a compelling case in the public interest for the use of their CPO powers in general terms. It also provides more detailed guidance on the most commonly used local authority powers.

The Government are keen to support local authorities to use their CPO powers in the public interest, and we published updated guidance in October last year. We also intend to publish updated guidance to reflect the reforms being implemented through the Bill. In addition, CPO powers can already be used for active travel routes and can be executed by local authorities as part of their wider statutory functions. To assist authorities in deploying the powers more effectively, Active Travel England is developing guidance to support local authorities in the design and delivery of active travel routes. The guidance will be published in consultation with local authorities in due course.

Given that the guidance that the hon. Member for Didcot and Wantage has requested on the CPO process already exists, and further guidance is set to be published by Active Travel England, we believe the new clause is unnecessary, and I am afraid I cannot accept it for those reasons.

[Olly Glover]

I thank the Minister for his comments. I was very pleased to hear him reference Active Travel England; as one of the vice-chairs of the all-party parliamentary group for cycling and walking, I have been very impressed by the leadership of Chris Boardman, and it is good to hear the Minister making encouraging noises in that direction. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 91

Embodied carbon assessments

“(1) Local planning authorities must, within 12 months of the passing of this Act—

(a) require applications for permission for developments which exceed a specified gross internal area and number of dwellings to include an embodied carbon assessment;

(b) consider a relevant embodied carbon assessment as a material factor when considering whether to grant permission for the development.

(2) The Secretary of State must—

(a) approve a methodology for calculating embodied carbon emissions;

(b) provide guidance on how the whole-life carbon emissions of buildings must be expressed; and

(c) establish a centralised reporting platform to which embodied carbon and whole life carbon assessments must be submitted.

(3) For the purposes of this section—

‘embodied carbon’ means the total emissions associated with materials and construction processes involved in the full life cycle of a project;

‘whole life carbon’ means the combination of embodied and operational emissions across the full life cycle of a project;

‘operational emissions’ means the carbon emissions from the energy used once a project is operational, including from heating, lighting and cooling.”—(Ellie Chowns.)

This new clause would require the submission of embodied carbon assessments for larger developments as part of the planning application and consideration of these by local planning authorities. The Secretary of State will be required to approve a methodology, issue guidance, and establish a centralised reporting platform for whole-life carbon emissions.

Brought up, and read the First time.

[Ellie Chowns]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

[Gideon Amos]

I am concerned that this smacks of certain parts of Government reserving to themselves decisions that could easily come under one Secretary of State, and would be the one-stop shop that we would all like to see. In the interests of time, however, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 96

Review of land value capture

“(1) The Secretary of State must, within six months of the passing of this Act, conduct a review of land value capture.

(2) A review under this section must consider—

(a) the benefits of different methods of land value capture;

(b) international best practice;

(c) how changes to existing practice could assist in the meeting of housing targets and the delivery of critical infrastructure and public services; and

(d) how any changes to existing practice could be incorporated into UK planning law.

(e) The Secretary of State must, within six months of the conclusion of the review, lay before Parliament a report on the findings of the review.”—(Olly Glover.)

This new clause would require a review into methods of land value capture, to ensure the public benefit from instances where land value rises sharply, and for this to be considered to be incorporated into UK planning legislation.

Brought up, and read the First time.

[Olly Glover]

I beg to move, That the clause be read a Second time.

The new clause would require a review into methods of land value capture, for reasons that I shall explain. As the Minister will be aware, currently the primary mechanisms to capture land value uplifts in England are developer contributions, in the form of section 106 agreements and the community infrastructure levy. While those mechanisms bring some benefits, they are not without their challenges.

Earlier this year, the Commons Housing, Communities and Local Government Committee launched an inquiry to examine how land value capture policies can contribute to the delivery of the Government’s house building plans and, crucially, help to fund affordable housing and public infrastructure. The Committee gathered valuable insights from experts, and one finding was that in high- value locations such as the greater south-east, to put it in affordable housing terms, only 19.6% is being achieved on average at the moment, whereas one could achieve 40% to 50%.

Land value capture is not unknown in this country—indeed, it is being used to finance the ongoing operational costs of the newly reopened Northumberland line between Newcastle, Blyth and Ashington in the north-east of England—but we need a land value capture system more widely that is fair and delivers what communities need: genuinely affordable housing, and public infrastructure and services that people can rely on. Moving to more mechanisms for local authorities to use land value capture methods other than section 106 and CIL might enable them to fund some more expensive elements of infrastructure, such as new railway stations or lines, that are currently neglected.

The new clause would require a review into land value capture methods, building on the work of the Select Committee inquiry. National Government should consult with local government. I look forward to the Minister’s comments.

[Matthew Pennycook]

I thank the hon. Gentleman for raising the important issue of land value capture. As he says, local planning authorities can use developer contributions secured through section 106 planning obligations and the community infrastructure levy to capture a proportion of the increases in land value that occur as a result of planning permission being granted.

Developer contributions play a vital role in the planning system: nearly half of affordable homes delivered in England each year are through section 106 planning obligations, and contributions from developers fund essential infrastructure to support new development and mitigate its impacts. That is why, as I made clear previously in relation to earlier amendments and clauses, the Government are committed to strengthening the system of developer contributions to ensure that new developments provide the necessary affordable homes and local infrastructure.

To that end, we chose not to implement the alternative proposal for land value capture provided for in the Levelling-up and Regeneration Act 2023—namely, a mandatory infrastructure levy, which the previous Government would have had replace section 106 and CIL—given the concerns raised by many involved in the planning system. I remember extensive debates on that point in Committee; if hon. Members think that some of the debates that we have had lasted a long time, I refer them back to the Hansard reports of the debates on that infrastructure levy. There were real risks that it would, overall, have led to our receiving less affordable housing than under the present system, so we are not taking it forward.

We have already made progress through the revised national planning policy framework published on 12 December last year in other areas—for example, the new golden rules for green belt development, which are designed to capture more of the land value uplift to fund central infrastructure and high levels of affordable housing—and we will legislate to give mayors of strategic authorities the power to raise a mayoral CIL, alongside the requirement to have a spatial development strategy in place, enabling them to raise revenue for strategic growth-supporting infrastructure where that is balanced with viability.

We welcome an ongoing discussion about how we improve the system of developer contributions—I look forward to hearing the thoughts of the hon. Gentleman’s when we bring the Government’s proposals forward in due course—and I personally look forward to engaging with the findings of the Housing, Communities and Local Government Committee’s important inquiry into this subject. However, we believe that the Government’s focus is better directed on delivery at this stage, reporting to Parliament through the usual procedures. On that basis, I hope that the hon. Member is content to withdraw the motion.

[Olly Glover]

I am grateful to the Minister for his comments; the Committee will be delighted to learn that I will not rise to his challenge to debate at inordinate length. It is good to hear that the Government are taking forward some proposals in this area and, given that there is an ongoing Select Committee inquiry, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 98

Electricity distribution networks: land and access rights

“(1) The Secretary of State must, within 12 months of the passing of this Act, consult on and implement measures to give electricity distribution network operators powers in relation, but not limited, to—

(a) the acquisition of rights over land for new and existing overhead lines and underground cables;

(b) the acquisition of land for new substations or the extension of existing substations;

(c) the entering into of land for the purposes of maintaining existing equipment;

(d) the entering into of land for the purposes of managing vegetation growth which is interfering with the safety or operation of overhead equipment.

(2) Any powers granted must be compatible with the need to complete works related to development in a timely, inexpensive and uncomplicated manner, and may include the provision of compensation to relevant landowners.”—(Gideon Amos.)

This new clause would require the Secretary of State to consult on giving electricity distribution network operators powers in relation to the acquisition of and access to land.

Brought up, and read the First time.

[Gideon Amos]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

[Gideon Amos]

We do not agree with the Government’s approach in removing Sport England as a statutory consultee. We are concerned that that will only lead to more development on playing fields. I will not detain the Committee with a vote, but I think that our position is clear. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 103

Local Area Energy Plans

“(1) All local authorities and combined authorities must create a Local Area Energy Plan.

(2) For the purposes of this section, a ‘Local Area Energy Plan’ means an outline of how the relevant authority proposes to transition its area’s energy system to Net Zero.”—(Olly Glover.)

This new clause would require all local and combined authorities to develop Local Area Energy Plans which set out how they will meet their Net Zero goals.

Brought up, and read the First time.

[Olly Glover]

I beg to move, That the clause be read a Second time.

The new clause would make the adoption of local area energy plans compulsory in England. Local area energy plans are now recognised as the leading method for turning national net zero targets into real, on-the-ground action. They offer a path that is not only strategic and data driven but collaborative and cost-effective.

The plans are driven by local government, working hand in hand with key stakeholders from across the community. The result is a fully costed spatial plan that lays out exactly the changes needed to the local energy system and the built environment. Critically, it includes not just what needs to happen but where, when and by whom it should be delivered. Moreover, local area energy plans break down the big picture into manageable steps. They map out the costs, shifts in energy use and reductions in emissions over time. Such plans can be prepared to align with our national climate goals, including ultimately reaching net zero by 2050.

I am proud to say that in Oxfordshire, where my constituency is, a local area energy plan is under development. However, despite their importance to our planning process and net zero target, such plans are not compulsory in England. That has not stopped many local authorities from preparing them, and I hope that the Government will note that many of those local authorities are controlled by the Labour party. In Greater Manchester, 10 boroughs have a local area energy plan in place. Plans are also in place in York and North Yorkshire, Cornwall and the Isles of Scilly, Peterborough and the borough in which we are holding this debate: Westminster. In Wales, all 22 authorities have produced a local area energy plan because in Wales that is compulsory.

If hon. Members do not believe me, I quote Shaun Gibbons, the head of carbon reduction at York city council:

“The York Local Area Energy Plan has served an important role in articulating the scale of the net zero challenge and setting specific targets against some of our most pressing actions. It has provided a robust evidence base for external funding applications and has resulted in the Council accessing funding several times greater than the original cost of the plan.”

The new clause would require local authorities to prepare local area energy plans and would be a key component in getting to net zero. In the final stages of this Committee, I have hope that the Minister will view the measure favourably, given that there is so much good practice from Labour-run councils.

[Michael Shanks]

I thank the hon. Member for Taunton and Wellington for tabling the new clause, and the hon. Member for Didcot and Wantage for speaking to it—and for his praise of Labour councils, which we are always happy to hear from colleagues across the House. I recognise the important work and example of local area energy plans where they are working.

Local authorities are taking a number of other actions right across the country to deliver net zero, many having drafted strategies in different ways and forms to achieve their own local aims, goals and ambitions alongside other strategies that local authorities might have. These are helpful documents to be able to refer to when planning for forthcoming energy projects and investment.

We support the idea that local authorities may wish to look at these kinds of plans as part of the wider context around, for example, local growth plans. However, our view on the new clause is that now is not the right time to place an additional burden on all local authorities to have to develop local area energy plans—during a period of local government reorganisation, and crucially, as we are taking forward the regional energy strategic plans process, which is under way at the moment.

A top-down requirement for a local area energy plan would risk duplicating local and regional energy system planning that the National Energy System Operator is carrying out in line with Ofgem’s recent decision to introduce regional energy strategic plans. Ofgem has set out that regional energy strategic plans will plan how local energy systems need to be developed to reach net zero, considering the national targets set by central Government, and, as part of the strategic planning of our energy system more generally, the local needs and most appropriate approach in each area. They will set out the energy requirements for each region presented spatially. They will also set the foundation for determining capacity required and strategic investment needs on a regional basis.

Ofgem has stated that the National Energy System Operator will set up regional strategic boards, which will be responsible for providing oversight of regional energy plans, and it is anticipated that local government will be properly represented on those boards. We want local government to play an active role in the development of the regional energy plans. I understand that the work that many of them have been doing already, the evidence they have gathered and the experiences that they have had will be hugely helpful in supporting this process. The exact format of how each local government will contribute is still to be decided. Given that that process is ongoing and the huge amount of work as part of the strategic spatial energy plan and the regional plans, now is not the right time to place a new burden on local government to provide a uniform product across the country.

Finally, given that many areas have multiple tiers of local government, the new clause risks a number of different duplicative plans covering the same geographical area. For those reasons, although I completely support the premise of the point about the importance of local participation in planning the energy system, we will not support the new clause.

[Olly Glover]

I thank the Minister for his comments. It is good to know from him that the topic is being looked at with a geographical scope greater than single local authorities. We shall observe with interest how that goes. In the interests of having time to speak to other new clauses, I will not press this one to a Division. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 105

Extension of use classes C5 and C6 to England

“In article 1(2) of the Town and Country Planning (Use Classes) (Amendment) (Wales) Order 2022, after “Wales” insert “, except in relation to articles 2(e) and 2(f), which apply in relation to England and Wales”.”—(Gideon Amos.)

This amendment of existing regulations would extend use classes C5 (Dwellinghouses, used otherwise than as sole or main residences) and C6 (Short-term lets), which currently only to apply to Wales, to England.

Brought up, and read the First time.

[Gideon Amos]

I beg to move, That the clause be read a Second time.