Planning and Infrastructure Bill 2024-26 Amendments

Bill Content
List of Amendments

Proposed New Clauses

Page 1

Part 1

Infrastructure

Chapter 1

Nationally significant infrastructure projects

Show Explanatory Text

"National policy statements: review"

Source HL Bill 110 Explanatory Notes

168. This clause establishes a new requirement for National Policy Statements (NPSs) to be subject to a full review and updated at least every five years through amendments to section 6(1) and (2) of the Planning Act 2008. The Secretary of StateH4. The current NSIP system has been in operation since 2010 and has successfully consented over 140 projects

168. This clause establishes a new requirement for National Policy Statements (NPSs) to be subject to a full review and updated at least every five years through amendments to section 6(1) and (2) of the Planning Act 2008. The Secretary of State's existing obligation to review the whole or part of an NPS at any time, where the relevant statutory criteria in section 6 are met and the Secretary of State considers it appropriate to do so, is retained. If a Secretary of State has not otherwise undertaken a review, the amendments to section 6 inserted by this clause will require that a full review of each NPS is undertaken at times that will enable the Secretary of State to comply with the timeframes set out in inserted subsection (5A).

172. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).

173. The clause will be commenced through regulations.

National policy statements: review

(1)

Section 6 of the Planning Act 2008 (review) is amended as set out in

subsections (2) to (5) .

(2)

For subsection (1) substitute—

“(1)

The Secretary of State—

(a)

must review each national policy statement whenever the

Secretary of State thinks it appropriate to do so, and

(b)

in any event, must carry out a full review of each national

policy statement at times that enable the Secretary of State to

comply with subsection (5A) .”

(3)

In subsection (2), at the end insert “, and in this section a “full review” means

a single review relating to all of a national policy statement”.

Page 2

(4)

After subsection (4) insert—

“(4A)

Whenever the Secretary of State decides to review a national policy

statement, the Secretary of State must lay a statement before Parliament

announcing the review.”

(5)

After subsection (5) insert—

“(5A)

But, unless and until a statement’s designation as a national policy

statement is withdrawn—

(a)

the Secretary of State must amend each national policy

statement within the initial period (see section 6ZA ), and

(b)

the Secretary of State must subsequently amend each national

policy statement at intervals of no more than five years.

(5B)

An amendment of a national policy statement counts for the purposes

of subsection (5A) only if the amendment arises from a full review of

the statement.

(5C)

An amendment of a national policy statement that is required by

subsection (5A) to be made by a certain time may be delayed beyond

that time only if and for so long as exceptional circumstances exist

which, in the opinion of the Secretary of State, make the delay

unavoidable.

(5D)

In that case the Secretary of State must, before the deadline for

amending the national policy statement, lay a statement before

Parliament explaining the reasons for the extension and stating when

the Secretary of State expects to amend the national policy statement.”

(6)

After section 6 of the Planning Act 2008 insert—

“6ZA

Review: supplementary

(1)

Subsections (2) to (5) explain what is meant by “the initial period” in

section 6 (5A) (a) .

(2)

In the case of a national policy statement that is designated on or after

the relevant date, the initial period is the period of five years beginning

with the date of designation.

(3)

In the case of a national policy statement that—

(a)

was designated before the relevant date, and

(b)

was amended before the relevant date,

the initial period is the period of five years beginning with the date

of the amendment or, if an amendment was made on more than one

occasion before the relevant date, the date of the latest such

amendment.

(4)

In the case of a national policy statement that—

(a)

was designated within the period of five years ending with

the relevant date, and

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(b)

was not amended before the relevant date,

the initial period is the period of five years beginning with the date

of designation.

(5)

In the case of a national policy statement that—

(a)

was designated before the beginning of the period of five years

ending with the relevant date, and

(b)

was not amended before the relevant date,

the initial period is the period of two years beginning with the relevant

date.

(6)

Section 6(5) applies in relation to a full review of a national policy

statement within subsection (5) of this section carried out within the

initial period as if the option in section 6(5)(c) (leave the statement as

it is) was not available to the Secretary of State following that review.

(7)

In this section—

“full review” has the meaning given by section 6(2);

“the relevant date” means the date on which section 6 (5A) comes

into force.”

Show Explanatory Text

"National policy statements: parliamentary requirements"

Source HL Bill 110 Explanatory Notes

174. This clause amends section 9 of the Planning Act 2008 to provide an additional parliamentary procedure for making material policy amendments to National Policy Statements (NPSs) where the proposed amendments fall into the definition set out at new subsection 9(11) of the Planning Act 2008. This definition is intended to capture categories of changes made since the NPS was last reviewed. These are:
reflecting legislative changes or revocations which have come into force of legislation referred to in an NPS, or the coming into force, amendment or repeal of legislation relevant to nationally significant development addressed in an NPS;
reflecting court decisions relevant to NPSs or development consent orders, or other proceedings relevant to the interpretation of an NPS or legislation referred to in an NPS which have been issued;
Government policy published relevant to nationally significant development addressed in an NPS; or
changes to published documents referred to in the NPS that do not fall within category (a) or (c).
175. The statutory and regulatory pre-requisites of an Appraisal of Sustainability and a Habitats Regulations Assessment will continue to apply to proposed amendments that fall within this definition. The existing publication and consultation requirements for proposed material changes to a NPS in Part 2 of the Planning Act 2008 will also continue to apply.
176. Inserted subsection (8A) provides that for proposed amendments falling within new subsection (11), the current requirement for the Secretary of State to respond to any resolutions made by Parliament or any recommendations made by a committee by either House of Parliament on the proposed amendments to the NPS will be disapplied. The requirement for an amended NPS to be laid in Parliament for 21 sitting days before being designated is retained to preserve parliamentary oversight.
177. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).
178. The clause will be commenced through regulations.

National policy statements: parliamentary requirements

(1)

Part 2 of the Planning Act 2008 (national policy statements) is amended as

set out in subsections (2) and (3) .

(2)

In section 6 (review)—

(a)

in subsection (7)(b)(i), omit “under section 9(8)”;

(b)

in subsection (7A), omit “under section 9(8)”;

(c)

after subsection (9) insert—

“(10)

In subsections (7)(b)(i) and (7A), references to an amendment

being laid before Parliament are references to—

(a)

in the case of an amendment that is, or is included in,

a proposal to which subsections (4) to (8) of section 9

do not apply (see section 9 (8A) ), the amendment being

laid under section 9(2);

(b)

in any other case, the amendment being laid under

section 9(8).”

(3)

In section 9 (parliamentary requirements)—

(a)

after subsection (8) insert—

“(8A)

Subsections (4) to (8) do not apply in relation to the proposal

if it—

(a)

is an amendment within subsection (11) , or

(b)

consists only of amendments within that subsection.”;

(b)

in subsection (9)—

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(i)

for “subsection (8)”, in each place, substitute “the laying

requirement”;

(ii)

in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;

(c)

in subsection (10), for “subsection (8)” substitute “the laying

requirement”;

(d)

after subsection (10) insert—

“(11)

An amendment is within this subsection if it is an amendment

proposed to a national policy statement in order to reflect—

(a)

published Government policy that is relevant to

development of a description to which the statement

relates,

(b)

the amendment, revocation or repeal of legislation

referred to in the statement, or the amendment,

revocation, repeal or coming into force of legislation

relevant to development of a description to which the

statement relates,

(c)

a change (not within paragraph (a) or (b)) to a published

document referred to in the statement, or

(d)

a decision of a court in proceedings referred to in

section 13 or 118, or other proceedings, so far as relevant

to the interpretation of the statement or legislation

referred to in the statement.

(12)

In subsection (11) “legislation” means an Act or an instrument

made under an Act.

(13)

In this section “the laying requirement” means—

(a)

if the proposal is one to which subsections (4) to (8) do

not apply, subsection (2);

(b)

otherwise, subsection (8).”

(4)

The amendments made by this section apply in relation to amendments

proposed to be made to a national policy statement that arise from a review

of the statement completed or begun before (as well as after) the date on

which this section comes into force.

Show Explanatory Text

"Power to disapply requirement for development consent"

Source HL Bill 110 Explanatory Notes

179. This clause (which inserts new sections 35B, 35C and 35D into the Planning Act 2008) provides a new power for the Secretary of State to give a direction disapplying the requirement for development consent for certain specified development falling within the meaning and description of a Nationally Significant Infrastructure Project (NSIP) in the Act. Section 35 of the Planning Act 2008 already gives a power to the Secretary of State to direct that certain development may be treated as development for which development consent is required. This clause enhances flexibility in the NSIP regime by allowing a development that would otherwise require development consent under the Planning Act 2008 to be taken out of the regime and consented under alternative consenting routes, where this is considered appropriate.
180. The Secretary of State may only give a direction if no application for development consent under the Planning Act 2008 has been made (subject to a minor transitional provision), if the Secretary of State considers that an alternative consenting regime is appropriate for the development, and if the development will be one of the specified areas, as set out in subsection (2) of new section 35B (see below).
186. This clause also requires that directions made by the Secretary of State are published, and that reasons for the decision are given to the person who made the request, if applicable.
188. This clause also makes consequential amendment to the Electricity Act 1989 and the Marine and Coastal Access Act 2009 to ensure that where a direction has been made, onshore generating stations do not require consent under section 36(1) of the Electricity Act 1989, so that they can apply for consent through an alternative consenting route, and to ensure that the Marine Management Organisation is able to perform their electricity consent functions for applicable development subject to a section 35B(1) direction.
189. The territorial extent of the clause mirrors the NSIP provisions in the Planning Act 2008, and application of this clause will mirror section 35(3) of the Planning Act 2008. This means that directions may only be given where the development will (when completed) be wholly in England (or waters adjacent to England up to the seaward limits of the territorial sea), or in the case of development in the field of energy, in a Renewable Energy Zone (except any part of the Zone where the Scottish Ministers have functions).
190. The clause will be brought into force by regulations.

Power to disapply requirement for development consent

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (4) .

(2)

In section 31 (when development consent is required)—

(a)

the existing text becomes subsection (1);

(b)

after that subsection insert—

“(2)

But see section 35B (power for the Secretary of State to give a

direction disapplying the requirement for development

consent).”

Page 5

(3)

In section 35ZA (directions under section 35), after subsection (10) insert—

“(10A)

The Secretary of State must publish a direction under section 35(1) or

subsection (3) of this section.”

(4)

After section 35A insert—

“35B

Directions disapplying requirement for development consent

(1)

The Secretary of State may give a direction that development consent

is not required for development specified in the direction.

This is subject to subsections (2) and (4) .

(2)

The Secretary of State may give a direction only if—

(a)

the Secretary of State considers that it is appropriate for an

alternative consenting regime to apply in relation to the

development, rather than this Act,

(b)

no application for an order granting development consent for

the development has been made, and

(c)

the development will (when completed) be wholly in one or

more of the areas specified in subsection (3) .

(3)

The areas are—

(a)

England or waters adjacent to England up to the seaward limits

of the territorial sea;

(b)

in the case of development that is or forms part of a project

for the carrying out of works in the field of energy, a

Renewable Energy Zone, except any part of a Renewable

Energy Zone in relation to which the Scottish Ministers have

functions.

(4)

The Secretary of State may give a direction only if—

(a)

the conditions in subsection (5) are satisfied,

(b)

the conditions in subsection (6) are satisfied,

(c)

the Secretary of State is the person who proposes to carry out

the development, or

(d)

the Secretary of State considers that the appropriate alternative

consenting regime for the development is that under section

59 of TCPA 1990 (development orders).

(5)

The conditions referred to in subsection (4) (a) are that—

(a)

the Secretary of State receives a written request for a direction

from a qualifying person,

(b)

the request specifies the development to which it relates,

(c)

the request identifies the appropriate alternative consenting

regime for the development,

(d)

the request explains why the person making the request

considers that it is appropriate for that alternative consenting

regime to apply in relation to the development, and

Page 6

(e)

the request includes evidence showing that the alternative

consenting authority is aware of the intention to request a

direction specifying the development.

(6)

The conditions referred to in subsection (4) (b) are that—

(a)

the Secretary of State receives a written request for a direction

from a person who has power to make a local development

order, a Mayoral development order or a simplified planning

zone scheme,

(b)

the request specifies the development to which it relates, and

(c)

the request indicates that the person making the request

considers that the appropriate alternative consenting regime

for the development is that under section 61A (local

development orders), 61DA (Mayoral development orders) or

82 (simplified planning zone schemes) of TCPA 1990 (as the

case may be), giving reasons for that view.

(7)

The condition in subsection (2) (b) is to be regarded as met in relation

to development if an application for an order granting development

consent for the development is made during the period beginning

with the day on which this Act is passed and ending with the day on

which this section comes into force.

(8)

For the purposes of this section—

(a)

an “alternative consenting regime” for development means a

regime set out in legislation other than this Act under which,

if development consent were not required for the development,

a specified person would have power to authorise the

development, and

(b)

the person referred to in paragraph (a) is the “alternative

consenting authority” in relation to that regime.

(9)

In this section—

“direction” means a direction under subsection (1) ;

“legislation” means an Act or an instrument made under an Act;

“local development order” has the meaning given in section 61A

of TCPA 1990;

“Mayoral development order” has the meaning given in section

61DA of TCPA 1990;

“qualifying person” means—

(a)

a person who proposes to carry out any of the

development to which the request relates;

(b)

a person who, if a direction were given specifying the

development, proposes to apply to an alternative

consenting authority in relation to the development;

“simplified planning zone scheme” has the same meaning as in

TCPA 1990 (see section 82 of that Act).

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Show Explanatory Text

"Directions under section"

Source HL Bill 110 Explanatory Notes

185. Inserted section 35C makes supplementary provision that the direction may include provision for a proposed application for a development consent order to be treated as a proposed application to a specified alternative consenting regime. It also provides for pre-application work undertaken before the direction is given to be treated as complying with requirements under the alternative regime (with any specified modifications). This enables work undertaken by applicants in preparing to apply for a development consent order under the Planning Act 2008 to be carried over to the alternative regime (with possible modifications).

35C

Directions under section

(1)

In this section “direction” means a direction under section 35B (1) .

(2)

Subsection (3) applies if—

(a)

the Secretary of State decides to give a direction that has been

requested as described in section 35B (5) , and

(b)

a person proposed (before or after that section came into force)

to make an application for an order granting development

consent for the development to which the request relates.

(3)

The direction may include provision—

(a)

for the proposed application to be treated as a proposed

application to a specified alternative consenting authority;

(b)

for specified provisions of legislation governing an alternative

consenting regime—

(i)

to have effect in relation to the proposed application

with any specified modifications;

(ii)

to be treated as having been complied with in relation

to the proposed application.

(4)

In the application of subsection (3) to a direction that is to specify

development for which an application seeking development consent

has been made (see section 35B (7) ), references to the proposed

application include references to the application.

(5)

If the Secretary of State receives a request for a direction as described

in section 35B (5) or (6) , the Secretary of State must give reasons for

the decision to give or not to give the requested direction to the person

who made the request.

(6)

The Secretary of State must publish a direction.

(7)

In this section, the following expressions have the same meaning as

in section 35B —

“alternative consenting authority” ,

“alternative consenting regime” , and

“legislation” .

Show Explanatory Text

"Timetable for deciding request for direction under section"

Source HL Bill 110 Explanatory Notes

187. Inserted section 35D provides a power for the Secretary of State to make regulations about the timetable for deciding requests under new section 35B and in connection with the provision of information to the Secretary of State, such as requesting additional details from the person making the request. The matter is left to delegated legislation to ensure that the statutory timescales for decision-making on requests can be adjusted as needed. The regulations will set out the deadline by which the Secretary of State must make a decision after receiving a request for a direction.

35D

Timetable for deciding request for direction under section

(1)

The Secretary of State may by regulations—

(a)

make provision about time limits for decisions about whether

to give directions under section 35B (1) following qualifying

requests (including provision for the extension of any prescribed

period in prescribed circumstances);

(b)

make provision for and in connection with the provision of

information to the Secretary of State for the purposes of such

decisions.

Page 8

(2)

In this section “qualifying request” means a request in relation to

which the conditions in section 35B (5) or (6) are satisfied.”

(5)

In the Electricity Act 1989, in section 36 (consent required for construction

etc of generating stations)—

(a)

after subsection (1A) insert—

“(1AA)

Subsection (1) does not apply to the construction or extension

of a generating station in England if the construction or

extension constitutes development specified in a direction under

section 35B (1) of the Planning Act 2008 (direction disapplying

requirement for development consent).”;

(b)

after subsection (11) insert—

“(12)

In subsection (1AA) “England” does not include waters in

England (nor waters adjacent to England).”

(6)

In the Marine and Coastal Access Act 2009, in section 12 (certain consents

under section 36 of the Electricity Act 1989)—

(a)

in subsection (2), in the words after paragraph (c), for “subsections (3)

and (4)” substitute “subsection (3)”;

(b)

omit subsection (4).

Show Explanatory Text

"Applications for development consent: removal of certain pre-application"

Source HL Bill 110 Explanatory Notes

191. This clause removes sections 42 to 45, 47 and 49 of Part 5, Chapter 2 of Planning Act 2008 related to statutory pre-application consultation. The effect of this clause is that an applicant submitting an application for development consent will no longer be required by statute to consult statutory consultees, landowners, local authorities and the community before submitting their application to the Secretary of State. As a consequence of this change, the clause also removes the definitions of local authorities and categories of persons for the purposes of the statutory consultation and the requirement for an applicant to take responses to consultation and publicity in to account when preparing their application.
192. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).
193. The clause will be brought into force by regulations.

Applications for development consent: removal of certain pre-application

requirements

Omit the following sections of the Planning Act 2008—

(a)

section 42 (duty to consult);

(b)

section 43 (local authorities for purposes of section 42(1)(b));

(c)

section 44 (categories for purposes of section 42(1)(d));

(d)

section 45 (timetable for consultation under section 42);

(e)

section 47 (duty to consult local community);

(f)

section 49 (duty to take account of responses to consultation and

publicity).

Show Explanatory Text

"Applications for development consent: changes related to section"

Source HL Bill 110 Explanatory Notes

194. This clause makes several changes to the Planning Act 2008 as a consequence of Clause 4 and the removal of pre-application consultation requirements. The clause removes references to statutory requirements for consultation in other sections of the Planning Act 2008, associated documentation (such as the need for a consultation report) and alters guidance requirements.
201. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).
202. The clause will be brought into force by regulations.

Applications for development consent: changes related to section

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (9) .

(2)

In section 37 (applications for orders granting development consent)—

(a)

in subsection (3)—

(i)

insert “and” at the end of paragraph (b);

(ii)

omit paragraph (c) (together with the final “and”);

(b)

omit subsections (7) and (8).

(3)

In section 39 (register of applications), in subsection (4)—

(a)

insert “and” at the end of paragraph (a);

(b)

omit paragraph (b) (together with the final “and”).

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(4)

In section 41 (Chapter applies before application is made), in subsection (1),

at the end insert “(and “applicants” is to be construed accordingly)”.

(5)

In section 46 (duty to notify Secretary of State of proposed application)—

(a)

for subsection (1) substitute—

“(1)

The applicant must supply to the Secretary of State—

(a)

the information specified in subsection (1C) , and

(b)

such further information as may be prescribed.

(1A)

The applicant must supply to each host local authority—

(a)

the information specified in subsection (1C) , and

(b)

such further information as may be prescribed.

(1B)

In any case where the proposed development would affect, or

would be likely to affect, any of the areas specified in

subsection (5), the applicant must supply to the Marine

Management Organisation—

(a)

the information specified in subsection (1C) , and

(b)

such further information as may be prescribed.

(1C)

The information referred to in subsections (1) (a) , (1A) (a) and

(1B) (a) is as follows—

(a)

the applicant’s name and address,

(b)

a statement that the applicant intends to apply for an

order granting development consent,

(c)

a statement about why development consent is required

for the proposed development, specifying the relevant

provision of Part 3 (or referring to a direction that has

been given under section 35), and

(d)

a summary of the proposed application, specifying the

location or route of the proposed development.”;

(b)

omit subsection (2);

(c)

after subsection (2) insert—

“(3)

A local authority is a “host local authority” if the land is in the

authority’s area.

(4)

In this section “local authority” means—

(a)

a county council, or district council, in England;

(b)

a London borough council;

(c)

the Common Council of the City of London;

(d)

the Council of the Isles of Scilly;

(e)

a county council, or county borough council, in Wales;

(f)

a council constituted under section 2 of the Local

Government etc (Scotland) Act 1994;

(g)

a National Park authority;

(h)

the Broads Authority.

Page 10

(5)

The areas referred to in subsection (1B) are—

(a)

waters in or adjacent to England up to the seaward

limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an

exclusive economic zone in relation to which the Scottish

Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a

Renewable Energy Zone in relation to which the Scottish

Ministers have functions;

(d)

an area designated under section 1(7) of the Continental

Shelf Act 1964, except any part of that area which is

within a part of an exclusive economic zone or

Renewable Energy Zone in relation to which the Scottish

Ministers have functions.”;

(d)

in the heading, after “Secretary of State” insert “and others”.

(6)

In section 48 (duty to publicise), omit subsection (2).

(7)

For section 50 substitute—

“50

Guidance about pre-application steps

(1)

Applicants must have regard to any guidance issued by the Secretary

of State to assist them in complying with section 48.

(2)

The Secretary of State must issue guidance to assist applicants, setting

out what the Secretary of State considers to be best practice in terms

of the steps they might take in relation to a proposed application in

readiness for submitting an actual application.”

(8)

In section 52 (obtaining information about interests in land), in subsection

(1), for “provisions of, or made under, Chapter 2 of this Part or” substitute

“regulations made under section 37 or with provisions of, or made under,”.

(9)

In Schedule 12 (application of Act to Scotland: modifications), omit paragraph

(10)

In the Infrastructure Planning (Environmental Impact Assessment) Regulations

2017 (S.I. 2017/572)—

(a)

in regulation 3(1), in the definition of “the consultation bodies”—

(i)

in paragraph (a), omit “prescribed under section 42(1)(a) (duty

to consult) and”;

(ii)

in paragraph (a), for “column 2” substitute “column 3”;

(iii)

at the end of paragraph (a) insert “(reading references to

applications as references to proposed applications, where the

context requires)”;

(iv)

in paragraph (b), for “section 43 (local authorities for purposes

of section 42(1)(b))” substitute “section 56A (local authorities

for purposes of sections 56(2)(b) and 60(2)(a))”;

Page 11

(b)

in regulation 8(1), for “carrying out consultation under section 42 (duty

to consult)” substitute “publicising the proposed application under

section 48,”;

(c)

omit regulation 12 (consultation statement requirements).

(11)

Omit—

(a)

section 23(2), (3) and (4) of the Marine and Coastal Access Act 2009;

(b)

the following provisions of the Localism Act 2011—

(i)

section 133;

(ii)

section 134;

(iii)

section 135(8);

(iv)

paragraphs 8(2) and 9 of Schedule 13.

Show Explanatory Text

"Applications for development consent: acceptance stage"

Source HL Bill 110 Explanatory Notes

203. Applicants must submit applications for development consent, in line with section 37 of the Planning Act 2008, to the Secretary of State. The Secretary of State then decides whether or not to accept the application for examination under section 55 of the Act. This is referred to as the acceptance stage.
210. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).
211. The clause will come into effect through regulations.

Applications for development consent: acceptance stage

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (13) .

(2)

In section 37 (applications for orders granting development consent), in

subsection (3), for “application (including accompaniments) is of a standard

that the Secretary of State considers satisfactory” substitute “standard of the

application is such as to enable the Secretary of State to conclude that it is

suitable to proceed to examination under Chapter 4 of Part 6”.

(3)

In section 39 (register of applications), after subsection (4) insert—

“(5)

The duty under subsection (4) includes a duty to make arrangements

for inspection by the public of a revised version of anything mentioned

in that subsection (see section 55A ).”

(4)

Section 55 (acceptance of applications) is amended as set out in subsections

(5) to (12) .

(5)

In subsection (2), omit “, by the end of the period of 28 days beginning with

the day after the day on which the Secretary of State receives the application,”.

(6)

After subsection (2) insert—

“(2A)

Subject to section 55A (7) and (8) , the Secretary of State must make the

decision within the period of 28 days beginning with the day after

the day on which the Secretary of State receives the application.”

(7)

In subsection (3)—

(a)

after paragraph (c) insert—

“(ca)

that the applicant has complied with section 46 (duty

to notify Secretary of State and others of proposed

application), and”;

(b)

omit paragraph (e);

Page 12

(c)

for paragraph (f) substitute—

“(f)

that the standard of the application (including

accompaniments) is such that it is suitable to proceed

to examination under Chapter 4.”

(8)

For subsection (4) substitute—

“(4)

The Secretary of State, when deciding whether the Secretary of State

may reach the conclusion in subsection (3)(f), must take into account—

(a)

the extent to which the application complies with section 37(3)

(form and contents of application),

(b)

the extent to which any applicable guidance under section 37(4)

has been followed in relation to the application,

(c)

the extent to which the application complies with any standards

set under section 37(5) (standards for documents etc

accompanying application),

(d)

the applicant’s approach to satisfying section 48 (duty to

publicise), and

(e)

the extent to which the applicant has had regard to any advice

given under section 51 in connection with the application (or

the proposed application that has become the application).

(4A)

In considering the matter in subsection (4)(d), the Secretary of State

must take into account the extent to which the applicant has had

regard to any guidance under section 50(1).”

(9)

Omit subsection (5).

(10)

Omit subsection (5A).

(11)

For subsections (6) and (7) substitute—

“(6)

The Secretary of State must notify the applicant of the decision under

subsection (2).

(7)

If the Secretary of State decides under subsection (2) not to accept the

application, the Secretary of State must give the applicant reasons for

that decision.”

(12)

Omit subsection (8).

(13)

After section 55 insert—

“55A

Changes to applications

(1)

The following provisions of this section apply where—

(a)

the Secretary of State reaches the conclusions in section 55(3)(a),

(b)

the Secretary of State concludes that the application would be

likely to be of the required standard if the applicant were to—

(i)

provide supplementary or revised information,

(ii)

make clarifications or corrections, or

Page 13

(iii)

make other limited changes.

(2)

At any time within the period specified in section 55 (2A) , the Secretary

of State may notify the applicant of the actions to be taken as

mentioned in subsection (1) (b) , specifying the last day of the response

period as the deadline for compliance with the notice.

(3)

“The response period” means the period of 28 days beginning with

the day on which the notice is given.

(4)

Subsections (5) to (9) apply where the Secretary of State gives a notice

to the applicant under subsection (2) .

(5)

If, during the response period, the Secretary of State notifies the

applicant of any further actions as mentioned in subsection (1) (b) that

would be likely to bring the application up to the required standard,

the applicant must comply with that notice within the response period.

(6)

At any time within the response period, the Secretary of State may,

if the Secretary of State considers it appropriate to do so, notify the

applicant of a later day as the deadline for compliance with the notice

under subsection (2) or, as the case may be, that notice and any further

notice under subsection (5) .

(7)

If the applicant provides any document or information to the Secretary

of State by the specified day in response to a notice under subsection

(2) or (5) , the Secretary of State must make a decision under section

55(2) within the period of 28 days beginning with the day after the

specified day.

(8)

If the applicant does not provide any document or information to the

Secretary of State by the specified day in response to a notice under

subsection (2) or (5) , the Secretary of State must make a decision under

section 55(2) within the period of 7 days beginning with the day after

the specified day.

(9)

In subsections (7) and (8) , “the specified day” means—

(a)

the day specified in the notice under subsection (2) , or

(b)

if a later day is notified under subsection (6) , that later day.

(10)

In this section, “the required standard” means the standard specified

in section 55(3)(f).”

(14)

In consequence of the amendments in subsections (7) (c) and (10) , omit section

137(3) and (4) of the Localism Act 2011.

Show Explanatory Text

"Applications for development consent: local impact reports and"

Source HL Bill 110 Explanatory Notes

214. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland). The clause will come into force through regulations.

Applications for development consent: local impact reports and

representations

(1)

The Planning Act 2008 is amended as follows.

Page 14

(2)

In section 60 (local impact reports), after subsection (5) insert—

“(6)

In preparing a local impact report, an authority must have regard to

any relevant guidance issued by the Secretary of State.

(7)

But that duty does not apply to an authority for an area that is in

Scotland.”

(3)

After section 96 insert—

“96A

Representations from public authorities

(1)

In making any representations about the application (oral or written),

a relevant public authority must have regard to any guidance issued

by the Secretary of State to assist such authorities in making

representations for the purposes of the examination of an application.

(2)

“Relevant public authority” means a public authority within any of

paragraphs (a) to (c) of section 56(2), except—

(a)

the Scottish Ministers,

(b)

a Northern Ireland department, or

(c)

any other public authority whose functions are exercisable only

in or as regards Scotland or Northern Ireland.”

Show Explanatory Text

"Examination of applications for development consent"

Source HL Bill 110 Explanatory Notes

217. The territorial extent and application of this clause is England Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line, one end of which is in England or Wales, and the other end of which is in Scotland).
218. These amendments will come into force through the introduction of regulations.
219. The amendment to section 89 will not apply to applications where an IAPI has already been drafted before the amendment comes into force.

Examination of applications for development consent

(1)

In section 89 of the Planning Act 2008 (Examining authority’s decisions about

how application is to be examined), in subsection (1), after “light of” insert

“the assessment under section 88(1) and”.

(2)

In section 97 of that Act (procedure rules), after subsection (5) insert—

“(5A)

Power under this section to make rules includes power to make

transitional provision.”

(3)

The amendment made by subsection (1) applies in relation to every application

in respect of which the assessment under section 88(1) of the Planning Act

2008 is made on or after the date on which subsection (1) comes into force

(whenever the application was made or accepted).

Show Explanatory Text

"Applications for development consent: costs"

Source HL Bill 110 Explanatory Notes

220. This clause enables an Examining Authority to make an order for costs incurred by parties in relation to an application for a development consent order (DCO) for a Nationally Significant Infrastructure Project (NSIP). The Examining Authority is appointed to examine the application in accordance with section 65 or 79 of the Planning Act 2008.
223. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).
224. The clause will come into force two months after Royal Assent.

Applications for development consent: costs

(1)

The Planning Act 2008 is amended as follows.

(2)

In section 95 (hearings: disruption etc)—

(a)

omit subsections (4) and (5);

(b)

in the heading, omit “, supervision and costs”.

(3)

After section 96A (inserted by section 7 ) insert—

“96B

Costs

(1)

The Examining authority may make orders about—

Page 15

(a)

the costs of any person who—

(i)

is an interested party in relation to the application, or

(ii)

makes a written representation to the Examining

authority about the application;

(b)

the person or persons who must pay the costs.

(2)

Every such order may be made a rule of the High Court on the

application of any person named in the order.”

Show Explanatory Text

"Planning Act 2008: right to enter and survey land"

Source HL Bill 110 Explanatory Notes

225. This clause amends section 53 of the Planning Act 2008 (rights of entry) to change how persons may be authorised to enter land in order to survey it or take levels in connection with an application, proposed application for development consent or the implementation of a Development Consent Order (DCO).
231. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).
232. The clause will be brought into force by regulations.

Planning Act 2008: right to enter and survey land

(1)

Section 53 of the Planning Act 2008 (rights of entry) is amended as set out in

subsections (2) to (7) .

(2)

In subsection (1), for “Any person duly authorised in writing by the Secretary

of State” substitute “An authorised person”.

(3)

After subsection (1A) insert—

“(1B)

In subsection (1) “authorised person” means a person who is authorised

in writing to exercise the power in that subsection on behalf of—

(a)

a person who has made an application for an order granting

development consent that has been accepted by the Secretary

of State,

(b)

a person who proposes to make an application for an order

granting development consent, or

(c)

a person who has been granted the benefit of an order granting

development consent of a kind specified in subsection (1)(c).”

(4)

Omit subsection (2).

(5)

In subsection (4)—

(a)

in the words before paragraph (a), for “authorised under subsection

(1) to enter any land” substitute “acting in the exercise of a power of

entry onto any land conferred under subsection (1)”;

(b)

insert “and” at the end of paragraph (a);

(c)

in paragraph (b)—

(i)

for “any land which is occupied” substitute “the land”;

(ii)

for “the occupier” substitute “every owner or occupier of the

land”;

(d)

omit “and” at the end of paragraph (b);

(e)

omit paragraph (c).

(6)

After subsection (4) insert—

“(4A)

Notice given in accordance with subsection (4)(b) must include

prescribed information.

Page 16

(4B)

A justice of the peace may issue a warrant authorising a person to use

force in the exercise of the power conferred under subsection (1) if

satisfied—

(a)

that another person has prevented or is likely to prevent the

exercise of that power, and

(b)

that it is reasonable to use force in the exercise of that power.

(4C)

The force that may be authorised by a warrant is limited to that which

is reasonably necessary.

(4D)

A warrant authorising the person to use force must specify the number

of occasions on which the person can rely on the warrant when

entering land.

(4E)

The number specified must be the number which the justice of the

peace considers appropriate to achieve the purpose for which the entry

is required.

(4F)

Any evidence in proceedings for a warrant must be given on oath.”

(7)

After subsection (8) insert—

“(8A)

Section 4 of the Land Compensation Act 1961 (costs) applies to the

determination of a question referred under subsection (8) as it applies

to the determination of a question under section 1 of that Act, but as

if references to the acquiring authority were references to the person

from whom compensation is claimed.”

(8)

In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act

to Scotland: modifications of section 53)—

(a)

after paragraph (za) insert—

“(zb)

in subsections (4B) and (4E) , the references to a justice

of the peace were references to a sheriff or summary

sheriff,”;

(b)

omit “and” at the end of paragraph (b);

(c)

after paragraph (b) insert—

“(ba)

in subsection (8A) —

(i)

the reference to section 4 of the Land

Compensation Act 1961 were a reference to

sections 9 and 11 of the Land Compensation

(Scotland) Act 1963, and

(ii)

the reference to section 1 of the Land

Compensation Act 1961 were a reference to

section 8 of the Land Compensation (Scotland)

Act 1963, and”.

(9)

In the Localism Act 2011—

(a)

omit section 136(4);

(b)

in paragraph 12 of Schedule 13—

Page 17

(i)

in sub-paragraph (2), omit “and (2)”;

(ii)

omit sub-paragraph (3).

Show Explanatory Text

"Changes to, and revocation of, development consent orders"

Source HL Bill 110 Explanatory Notes

233. This clause will amend the process set out in Schedule 6 of the Planning Act 2008 for making changes to Development Consent Orders (DCOs) once granted for Nationally Significant Infrastructure Projects (NSIPs).
238. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline), except for subsection (5) which extends to England and Wales only.
239. This clause will be commenced by regulations.

Changes to, and revocation of, development consent orders

(1)

Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders

granting development consent) is amended as set out in subsections (2) to

(4) .

(2)

Omit paragraph 2 (non-material changes to orders granting development

consent) and the italic heading before it.

(3)

In paragraph 3 (changes to, and revocation of, orders)—

(a)

in sub-paragraph (3)(b), omit “or paragraph 2 of this Schedule”;

(b)

in sub-paragraph (5A), after “should” insert “, when considered in

conjunction with any other changes already made,”.

(4)

In paragraph 4 (changes to, and revocation of, orders: supplementary), after

sub-paragraph (6) insert—

“(6A)

If a development consent order is changed in exercise of the power

conferred by paragraph 3(1), the development consent order

continues in force.

(6B)

If a development consent order is changed or revoked in the exercise

of the power conferred by paragraph 3(1), the change or revocation

takes effect on—

(a)

the date on which the order making the change or revocation

is made, or

(b)

if the order specifies a date on which the change or

revocation takes effect, the specified date.

(6C)

Except in a case within sub-paragraph (7), the Secretary of State

must publish an order making a change to, or revoking, a

development consent order in such manner as the Secretary of State

thinks appropriate.”

(5)

In section 118 of the Planning Act 2008 (legal challenges)—

(a)

omit subsection (5);

(b)

in subsection (6)(b), for “notice of the change or revocation” to the end

substitute “the order making the change or revocation is published.”

(6)

In consequence of the amendment in subsection (2), omit—

(a)

paragraph 4(6)(a) of Schedule 8 to the Marine and Coastal Access Act

2009,

(b)

paragraph 72(4) to (7) of Schedule 13 to the Localism Act 2011,

(c)

section 28(2) of the Infrastructure Act 2015,

(d)

paragraph 8(3)(b)(i) of Schedule 7 to the Wales Act 2017, and

(e)

section 128 of the Levelling-up and Regeneration Act 2023.

Page 18

Show Explanatory Text

"Planning Act 2008: legal challenges"

Source HL Bill 110 Explanatory Notes

240. This clause will make changes to the process for judicial reviews of National Policy Statements (NPSs) and development consent decisions made by the Secretary of State for Nationally Significant Infrastructure Projects (NSIPs) (",development consent decisions"), as provided for under sections 13 and 118 of the Planning Act 2008 respectively.
243. This clause extends and applies only to England and Wales.
244. This clause comes into force on such day as the Secretary of State may appoint by regulations.

Planning Act 2008: legal challenges

(1)

In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on

appeals to Court of Appeal), after paragraph (c) insert—

“(ca)

from a refusal of permission to apply for judicial review in a

case within section 13 or 118 of the Planning Act 2008

(proceedings relating to national policy statements or

development consent), if the High Court decides that the

application for permission to apply for judicial review is totally

without merit;”.

(2)

The power to make Civil Procedure Rules must be exercised so as to secure

that Civil Procedure Rules include—

(a)

provision requiring an application for permission to apply for judicial

review in a case within section 13 or 118 of the Planning Act 2008

(proceedings relating to national policy statements or development

consent) to be decided at an oral hearing;

(b)

provision that the court may, at the oral hearing of such an application,

decide that the application is totally without merit.

Chapter 2

Electricity infrastructure

Connections to the electricity transmission and distribution systems

Show Explanatory Text

"Connections to electricity network: licence and other modifications"

Source HL Bill 110 Explanatory Notes

245. This clause empowers the relevant Secretary of State and the Gas and Electricity Markets Authority (GEMA) to amend electricity licences (both terms and conditions of particular licences, and standard conditions of a particular licence type), documents maintained in accordance with the conditions of licences, agreements made in accordance with a document so maintained, and qualifying distribution agreements.
246. The clause is intended for the purpose of improving the process for managing connections to the transmission or distribution system, by ensuring that the Secretary of State or the GEMA can step in, if necessary, to ensure that any required modifications can be made. Such improvements may include changing the order in which connections are made. When exercising the power, the Secretary of State or the GEMA must comply with relevant obligations under section 3A of the Electricity Act 1989.
249. The extent of the power to modify is identical for the Secretary of State and the GEMA. Granting powers to the GEMA is intended to streamline the modification process and utilise their expertise as the independent regulatory authority. In addition, the Secretary of State may also direct the GEMA to exercise the power.
250. This clause extends and applies to England, Wales and Scotland.
251. The clause will come into force upon Royal Assent.

Connections to electricity network: licence and other modifications

(1)

A relevant authority may modify—

(a)

the conditions of a particular electricity licence;

(b)

the terms of a particular electricity licence;

(c)

the standard conditions of electricity licences of a particular type;

(d)

a document maintained in accordance with the conditions of an

electricity licence;

(e)

an agreement entered into in pursuance of a document maintained as

mentioned in paragraph (d) ;

(f)

a qualifying distribution agreement.

(2)

A relevant authority may exercise the power under subsection (1) only for

the purpose of improving the process for managing connections to the

transmission system or the distribution system (and such an improvement

may include changing the order in which connections are made).

(3)

The Secretary of State may direct the GEMA to exercise the power under

subsection (1) .

(4)

The Secretary of State may exercise the power under subsection (3) only for

the purpose mentioned in subsection (2) .

Page 19

(5)

The power conferred by subsection (1) may not be exercised after the end of

the period of three years beginning with the day on which this section comes

into force.

(6)

Section 3A of the Electricity Act 1989 (principal objective and general duties)

applies in relation to the functions of the Secretary of State and the GEMA

under this section and sections 14 to 16 as it applies in relation to functions

of the Secretary of State or the GEMA under Part 1 of that Act .

(7)

A relevant authority may under subsection (1) modify an agreement mentioned

in subsection (1) (e) or a qualifying distribution agreement even if the effect

of the modification might amount to a repudiation of the agreement.

(8)

In this section and sections 14 to 16 —

“distribution system” has the same meaning as in Part 1 of the Electricity

Act 1989 (see the definition of “distribute” in section 4(4) of that Act);

“electricity distributor” has the same meaning as in Part 1 of that Act

(see section 6(9) of that Act);

“electricity licence” means a licence for the purposes of section 4 of that

Act;

“the GEMA” means the Gas and Electricity Markets Authority;

“qualifying distribution agreement” means—

(a)

the terms subject to which a connection is made by an electricity

distributor in pursuance of section 16(1) of the Electricity Act

1989, or

(b)

a special connection agreement as defined by section 22(1) of

that Act;

“relevant authority” means the Secretary of State or the GEMA;

“transmission system” has the same meaning as in Part 1 of the Electricity

Act 1989 (see section 4(4) of that Act).

Show Explanatory Text

"Scope of modification power under"

Source HL Bill 110 Explanatory Notes

252. This clause sets out the scope for making modifications under the power in clause 13 of this Bill.
261. This clause extends and applies to England, Wales and Scotland.
262. The clause will come into force upon Royal Assent.

Scope of modification power under

(1)

The power conferred by section 13 (1) to “modify” includes power to amend,

add to or remove (and, in particular, includes power to make a person a party

to an agreement or to discharge a party from its obligations under an

agreement); and references in section 13 , this section and section 15 to

modification are to be construed accordingly.

(2)

The power conferred by section 13 (1) —

(a)

may be exercised generally, only in relation to specified cases, or

subject to exceptions (including by making provision for a case to be

excepted only so long as specified conditions are satisfied);

(b)

may be exercised differently for different purposes or areas;

(c)

includes power to make incidental, supplementary, consequential or

transitional modifications.

(3)

Provision included in an electricity licence by virtue of section 13 (1) (a) or

Page 20

(a)

may include provision of a kind mentioned in section 7 of the

Electricity Act 1989 ;

(b)

need not relate to the activities authorised by the licence.

(4)

The modification under section 13 (1) of part of a standard condition of an

electricity licence does not prevent any other part of the condition from

continuing to be regarded as a standard condition for the purposes of Part 1

of the Electricity Act 1989 .

(5)

If under section 13 (1) a relevant authority modifies the standard conditions

of an electricity licence of a particular type, the GEMA must make the same

modifications of those standard conditions for the purposes of their

incorporation in electricity licences of that type granted after that time.

(6)

Provision included in an electricity licence by virtue of section 13 (1) (b) may

in particular include provision about the circumstances in which the licence

may be revoked or suspended.

(7)

Provision included in an agreement by virtue of section 13 (1) (e) or (f) may

in particular include provision—

(a)

requiring specified conditions to be met before the taking of particular

steps under the agreement;

(b)

about the procedure for varying the agreement.

(8)

In section 33 of the Utilities Act 2000 (standard conditions of electricity

licences), in subsection (1) —

(a)

omit the “or” at the end of paragraph (k) , and

(b)

at the end insert “, or

“(m)

under section 13 of the Planning and Infrastructure Act

2025.”

Show Explanatory Text

"Procedure relating to modifications under"

Source HL Bill 110 Explanatory Notes

263. This clause sets out procedural requirements for making modifications under the power in clause 13 of this Bill.
268. This clause extends and applies to England, Wales and Scotland.
269. This clause will come into force upon Royal Assent.

Procedure relating to modifications under

(1)

Before making a modification under section 13 , a relevant authority must

consult—

(a)

the holder of any electricity licence proposed to be modified,

(b)

the Independent System Operator and Planner,

(c)

the GEMA or the Secretary of State (depending on which relevant

authority is proposing to make the modification), and

(d)

such other persons as the relevant authority considers appropriate.

(2)

Subsection (1) may be satisfied by consultation carried out before the passing

of this Act (as well as by consultation carried out after that time).

(3)

A relevant authority must publish details of any modifications made by it

under section 13 as soon as reasonably practicable after they are made.

(4)

A relevant authority may exclude from publication under subsection (3) any

information the publication of which would be likely to prejudice the

commercial interests of any person.

Page 21

(5)

In this section , “the Independent System Operator and Planner” means the

person for the time being designated under section 162 (1) of the Energy Act

2023 .

Show Explanatory Text

"Directions to modify connection agreements"

Source HL Bill 110 Explanatory Notes

270. This clause empowers the Secretary of State or the Gas and Electricity Markets Authority (GEMA) to direct the National Energy System Operator (NESO), referred to in the legislation as the Independent System Operator and Planner (ISOP). It also empowers an electricity distributor to amend an agreement. In the case of the ISOP, this refers to agreements entered into by the ISOP pursuant to a document maintained under an electricity licence. In the case of a distributor this refers to qualifying distribution agreements.
271. This clause follows clause 13 in its intention to improve the process for managing connections to the transmission or distribution systems. Such improvements may include changing the order in which connections are made.
277. This clause extends and applies to England, Wales and Scotland.
278. This clause will come into force upon Royal Assent.

Directions to modify connection agreements

(1)

A relevant authority may—

(a)

direct the Independent System Operator and Planner (“the ISOP”) to

modify an agreement entered into by the ISOP pursuant to a document

maintained in accordance with the conditions of an electricity licence;

(b)

direct an electricity distributor to modify a qualifying distribution

agreement entered into by the electricity distributor.

(2)

A relevant authority may exercise the power conferred by subsection (1) only

for the purpose of improving the process for managing connections to the

transmission system or the distribution system (and such an improvement

may include changing the order in which connections are made).

(3)

A direction under subsection (1) must describe the kinds of modification to

be made by the person to whom it is given.

(4)

A direction under subsection (1) may also require the person to whom it is

given to modify an agreement by including in it provision—

(a)

requiring specified conditions to be met before the taking of particular

steps under the agreement;

(b)

about the procedure for varying the agreement.

(5)

A direction under subsection (1) may be expressed as having effect generally,

in relation to cases within a description specified in the direction, or in relation

to a particular case.

(6)

Before giving a direction under subsection (1) , the relevant authority must

consult—

(a)

the person to whom it proposes to give the direction, and

(b)

such other persons as the relevant authority considers appropriate.

(7)

Subsection (6) may be satisfied by consultation carried out before the passing

of this Act (as well as by consultation carried out after that time).

(8)

A relevant authority must publish details of any direction it gives under

subsection (1) as soon as reasonably practicable after the direction is given.

(9)

A relevant authority may exclude from publication under subsection (8) any

information the publication of which would be likely to prejudice the

commercial interests of any person.

(10)

A person to whom a direction is given under subsection (1) must comply

with it, even if the effect of a modification made to an agreement as a result

of the direction might amount to a repudiation of the agreement.

Page 22

(11)

The power to give a direction under subsection (1) may not be exercised after

the end of the period of three years beginning with the day on which this

section comes into force.

(12)

A direction under subsection (1) may be varied or revoked by a subsequent

direction given by a relevant authority.

(13)

In this section —

“the Independent System Operator and Planner” means the person for

the time being designated under section 162 (1) of the Energy Act 2023 ;

“modify” includes amend, add to and remove (and, in particular, includes

making a person a party to an agreement and discharging a party

from its obligations under an agreement);

“qualifying distribution agreement” has the meaning given by section

13 (8) .

(14)

In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations

enforceable as relevant requirements)—

(a)

in paragraph 4A (electricity system operator), after sub-paragraph (c)

insert—

“(d)

section 16 (10) of the Planning and Infrastructure Act

2025 (duty to comply with direction under section 16

of that Act).”;

(b)

in paragraph 5 (distribution licence holders), after sub-paragraph (g)

insert—

“(h)

section 16 (10) of the Planning and Infrastructure Act

2025 (duty to comply with direction under section 16

of that Act).”

Show Explanatory Text

"Managing connections to the network: strategic plans etc"

Source HL Bill 110 Explanatory Notes

279. This clause imposes duties on the National Energy System Operator (NESO), referred to in the legislation as the Independent System Operator and Planner (ISOP), and electricity distributors, to have regard to designated strategic plans when exercising their functions relating to connection applications and the management of the connection queues.
284. This clause extends and applies to England, Wales and Scotland.
285. This clause will come into force upon Royal Assent.

Managing connections to the network: strategic plans etc

(1)

In Part 5 of the Energy Act 2023 (Independent System Operator and Planner),

after section 165 insert—

Show Explanatory Text

"Functions relating to network connections: duty to have regard to"

Source HL Bill 110 Explanatory Notes

280. For the ISOP, this duty is created through the addition of new section 165A in Part 5 of the Energy Act 2023, as set out in subsection (1).
281. The new section 165A additionally empowers the Secretary of State to designate, by way of regulations, one or more strategic plans to which regard must be had by the ISOP when managing connections to the transmission system.
283. Subject to designation, these strategic plans could include the Clean Power 2030 Action Plan and could apply technological and locational criteria to the decision-making process for connecting to the electricity network.

“165A

Functions relating to network connections: duty to have regard to

designated plans

(1)

The ISOP must, when carrying out any of its functions relating to the

management of connections to the transmission system, have regard

to the designated strategic plans.

(2)

The Secretary of State may by regulations designate plans or documents

for the purposes of this section.

(3)

In subsection (1) , the reference to “the designated strategic plans” is

a reference to those plans or documents designated by regulations

under subsection (2) as they have effect at the time when the

regulations are made.”

Page 23

(2)

Part 1 of the Electricity Act 1989 (electricity supply) is amended as set out in

subsections (3) to (5) .

(3)

In section 16 (duty to connect on request)—

(a)

after subsection (2) insert—

“(2A)

In deciding how to comply with the duties under this section,

and in particular in deciding how to prioritise persons requiring

a connection, an electricity distributor must have regard to the

designated strategic plans.”;

(b)

at the end insert—

“(6)

In this section, “the designated strategic plans” means the plans

or documents designated by regulations made under section

165A (2) of the Energy Act 2023 (functions of the Independent

System Operator and Planner relating to network connections).”

(4)

In section 17 (exceptions from duty to connect), in subsection (1) —

(a)

omit the “or” at the end of paragraph (b) ;

(b)

after paragraph (b) insert—

“(ba)

it would not be in accordance with the designated

strategic plans (within the meaning of section 16) for

the distributor to do so; or”.

(5)

In Schedule 6A (provisions imposing obligations enforceable as relevant

requirements), in paragraph 4A (electricity system operator), in paragraph

Consents for electricity infrastructure in Scotland

Show Explanatory Text

"Consents for generating stations and overhead lines: applications"

Source HL Bill 110 Explanatory Notes

286. This clause sets out regulation-making powers to make provision about applications, including to set requirements for pre-application actions which must be completed prior to an application being made (pre-application requirements), and to set information requirements for applications. It also introduces a new reporter-led process to address an objection to an application made by a relevant planning authority, and a power to enable time limits to be set for key stages of the pre-application and application process through regulations, via various amendments to Schedule 8 of the Electricity Act 1989.
287. The Secretary of State or the Scottish Ministers will be able to make regulations on specified matters relating to applications made to Scottish Ministers seeking consent under section 36 (electricity generating stations) and section 37 (overhead lines) of the Electricity Act 1989.
297. This clause extends to England and Wales, and Scotland, but applies to Scotland only.
298. This clause will come into force two months after Royal Assent, with the exception of all regulation-making powers and subsections (1) and (6), which will come into force upon Royal Assent.

Consents for generating stations and overhead lines: applications

(1)

Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State and

the Scottish Ministers under sections 36 and 37) is amended as follows.

(2)

After paragraph 1 insert—

Show Explanatory Text

"“Applications made to the Scottish Ministers for consent"

Source HL Bill 110 Explanatory Notes

288. Pre-application requirements may include notification of the proposed application, publication of the proposed application, and consultation on the proposed application (new paragraph 1A(3)). Powers to introduce pre-application requirements enables amendments to the current position where applications can be submitted to the Scottish Ministers without any pre-application activity, in contrast to applications made under the Town and Country Planning Act Scotland 1997 for certain developments. This clause further inserts new section 7B to Schedule 8 to the Electricity Act 1989, to enable deadlines to be set in regulations for all parties, including statutory consultees and relevant planning authorities, to respond to pre-application consultation.

“Applications made to the Scottish Ministers for consent

(1)

The Secretary of State or the Scottish Ministers may by regulations

make provision about the following matters in relation to

applications to the Scottish Ministers for consent under section 36

or 37.

(2)

The matters are—

(a)

the steps a person must take before making an application;

(b)

the information that must be included in an application;

(c)

an acceptance stage, during which the Scottish Ministers

must assess an applicant’s compliance with any requirements

Page 24

imposed by the regulations in order to decide whether or

not to accept the application;

(d)

fees to be paid to the Scottish Ministers—

(i)

on application, or

(ii)

for anything done by them in relation to a proposed

application;

(e)

requests by the Scottish Ministers for additional information

to aid their decision whether or not to accept an application

or to grant consent.

(3)

The steps that may be the subject of provision made by virtue of

sub-paragraph (2) (a) include—

(a)

notifying prescribed persons of the proposed application,

(b)

publicising the proposed application, and

(c)

carrying out a consultation about the proposed application.”

(3)

In paragraph 2 (objections by relevant planning authority)—

(a)

in sub-paragraph (1), for “Secretary of State for his” substitute

“appropriate authority for a”;

(b)

in sub-paragraph (2), at the beginning insert “In the case of an

application made to the Secretary of State,”;

(c)

after sub-paragraph (2) insert—

“(2A)

In the case of an application made to the Scottish Ministers,

where the relevant planning authority notify the Scottish

Ministers that they object to the application and their

objection is not withdrawn, the Scottish Ministers—

(a)

must appoint a person (referred to in this Schedule

as the “reporter”) to examine the application, and

(b)

before determining whether to give their consent,

must consider the objection and the reporter’s final

report.

See paragraph 2A for the process that must be followed by

the reporter.”;

(d)

in sub-paragraph (4)—

(i)

after “(2)” insert “or (2A)”;

(ii)

for “Secretary of State” substitute “appropriate authority”;

(e)

in sub-paragraph (5), for “Secretary of State” substitute “appropriate

authority”.

(4)

After paragraph 2 insert—

“Procedure following objection by relevant planning authority: Scotland

(1)

A reporter appointed under paragraph 2(2A)(a) must make proposals

as regards the appropriate procedure for examining the application.

(2)

The appropriate procedure may consist of one or more of the

following—

Page 25

(a)

considering—

(i)

the objection by the relevant planning authority,

(ii)

any other objections made in accordance with

regulations under paragraph 3(1)(c), and

(iii)

any other representations made in accordance with

an enactment;

(b)

considering new written representations about the application

from persons specified by the reporter;

(c)

holding one or more hearing sessions;

(d)

carrying out an inspection of the land to which the

application relates;

(e)

holding a public inquiry.

(3)

Where the reporter proposes a procedure that includes proceedings

within sub-paragraph (2) (b) , (c) or (e) , the proposal must include a

statement of the issues that are proposed to be within the scope of

each of those proceedings.

(4)

The reporter must—

(a)

publish the proposals,

(b)

notify all interested parties of the proposals, and

(c)

invite written representations about the proposals before the

end of the time period specified by the reporter.

(5)

The published proposals must include or be accompanied by an

explanation of the reasons for the proposals.

(6)

The reporter may hold a meeting to hear representations about the

proposals.

(7)

After considering the representations, the reporter must—

(a)

decide on the appropriate procedure for examining the

application, and

(b)

publish that decision.

(8)

The published decision must include or be accompanied by an

explanation of—

(a)

the reasons for the decision,

(b)

the intended time period for the carrying out of the

procedure, and

(c)

the intended time period within which the reporter will send

a final report to the Scottish Ministers.

(9)

Sub-paragraph (3) applies to the reporter’s decision as it applies to

the reporter’s proposals.

(10)

On completing the examination, the reporter must prepare and send

to the Scottish Ministers a final report setting out the reporter’s

recommendations on the application.

(11)

In this paragraph, “interested party” means—

Page 26

(a)

the applicant,

(b)

the relevant planning authority which made the objection

under paragraph 2(2A),

(c)

any person who has made an objection in accordance with

regulations under paragraph 3, or

(d)

any person who has made representations in accordance

with any other enactment.

(12)

The Secretary of State or the Scottish Ministers may by regulations

make provision amending or setting out further detail about the

procedure set out in this paragraph. (See also paragraph 7B (2) (e) .)

(13)

A statutory instrument containing regulations under this paragraph

is not to be made by the Secretary of State unless a draft of the

instrument has been laid before and approved by a resolution of

each House of Parliament.

(14)

Regulations made by the Scottish Ministers under this paragraph

are subject to the affirmative procedure.”

(5)

After paragraph 7A insert—

“Applications to the Scottish Ministers: time limits

(1)

The Secretary of State or the Scottish Ministers may by regulations

specify a time limit for actions that may or must be taken in relation

to an application to the Scottish Ministers for consent under section

36 or 37.

(2)

The regulations may, for example, specify a time limit for—

(a)

a person to comply with a requirement of regulations under

paragraph 1A;

(b)

a person to respond to a pre-application consultation (see

paragraph 1A (3) (c) );

(c)

a person who is notified of an application in accordance with

an enactment to provide their opinion or advice on the

application;

(d)

a relevant planning authority to object to an application

under paragraph 2(2A);

(e)

a reporter to take any steps required by paragraph 2A;

(f)

the Scottish Ministers to decide an application.

(3)

The regulations may include provision about the consequences of

failure to comply with a time limit.

(4)

Where regulations under this paragraph specify a time limit for the

completion of an acceptance stage (see paragraph 1A (2) (c) ), the

regulations may not permit the extension of that limit.”

(6)

The amendments made by subsection (3) do not affect the continued

application in relation to the Scottish Ministers of regulations made under

Page 27

paragraph 2(3) of Schedule 8 to the Electricity Act 1989 before this section

comes into force.

Show Explanatory Text

"Variation of consents etc"

Source HL Bill 110 Explanatory Notes

299. This clause sets out new options for changes to be made to electricity infrastructure consents after they have been given. These include a statutory procedure for the consent-holder of a consent for an overhead line to apply for a variation to that consent (which is already in place for electricity generating stations), a power for Scottish Ministers to propose changes to either electricity generation station or overhead lines consents due to changes in environmental or technological factors, and a power for Scottish Ministers to correct errors in a consent.

Variation of consents etc

After section 37 of the Electricity Act 1989 insert—

“37A

Application for variation of section 37 consent: Scotland

(1)

The person for the time being entitled to the benefit of a section 37

consent that was granted by the Scottish Ministers may make an

application to the Scottish Ministers for the consent to be varied.

(2)

The Secretary of State or the Scottish Ministers may by regulations

make provision about variation under this section, including in

particular provision about—

(a)

the making and withdrawal of applications;

(b)

fees;

(c)

publicity and consultation requirements;

(d)

rights to make representations;

(e)

public inquiries;

(f)

consideration of applications.

(3)

The regulations may provide for any statutory provision applicable

to the grant by the Scottish Ministers of a section 37 consent to apply

with specified modifications to the variation of a section 37 consent

under this section.

(4)

On an application for a section 37 consent to be varied, the Scottish

Ministers may make such variations to the consent as appear to them

to be appropriate, having regard (in particular) to—

(a)

the applicant’s reason for seeking the variation;

(b)

the variations proposed;

(c)

any objections made to the proposed variations, the views of

consultees and the outcome of any public inquiry.

(5)

In this section—

“section 37 consent” means a consent granted under section 37

(consent required for overhead lines);

“statutory provision” means a provision of or made under an

Act, whenever passed or made; and for this purpose “Act”

includes an Act of the Scottish Parliament.

Show Explanatory Text

"Variation of section 36 and 37 consents on change of circumstances:"

Source HL Bill 110 Explanatory Notes

301. Given the extended duration of electricity infrastructure projects, sometimes conditions evolve which might include environmental or technological factors. As consents are in place for the operational life of a generating station or network project, variations may be required to ensure they do not become outdated and the infrastructure can adapt to future changes. New section 37B of the Electricity Act 1989 enables Scottish Ministers to vary an existing consent if there has been a change of technological or environmental circumstances. The consent-holder's agreement would be required for the variation to the consent to be made. The Scottish Ministers or the Secretary of State will be able to make regulations which make provision for procedure such as the process for getting agreement, publicity, notification, and consultation requirements, and the right to make representations (as set out in new section 37B(4)). Regulations made under this power are subject to the negative procedure.

37B

Variation of section 36 and 37 consents on change of circumstances:

Scotland

(1)

The Scottish Ministers may vary a consent under section 36 or 37 if—

(a)

they consider that the consent ought to be varied—

Page 28

(i)

because of a change in circumstances relating to the

environment, or

(ii)

because of technological changes, and

(b)

the person for the time being entitled to the benefit of the

consent agrees to the variation.

(2)

The Secretary of State or the Scottish Ministers may by regulations

make provision about variation under this section, including in

particular provision about—

(a)

the procedure for getting agreement;

(b)

publicity, notification and consultation requirements;

(c)

rights to make representations.

(3)

The regulations may provide for any statutory provision applicable

to the grant by the Scottish Ministers of a consent under section 36 or

37 to apply with specified modifications to the variation of such a

consent under this section.

(4)

In this section, “statutory provision” has the same meaning as in section

37A .

Show Explanatory Text

"Correction of errors in consent documents: Scotland"

Source HL Bill 110 Explanatory Notes

302. New section 37C of the Electricity Act 1989 enables Scottish Ministers to correct an error in a decision document recording a consent or a variation of a consent previously issued under section 36 or section 37 of the Electricity Act. The procedure would be initiated by Scottish Ministers. The consent-holder may notify the Scottish Ministers if it feels an error has been made. Subsection (2) limits the scope for corrections to errors or omissions and specifies that these may only be to the decision as recorded in the decision document, and not to the statement of reasons for the consent. The requirements of the process, such as notification of parties, may be set in regulations (under subsection (4)). This regulation-making power is subject to the negative procedure.

37C

Correction of errors in consent documents: Scotland

(1)

The Scottish Ministers may amend a decision document in order to

correct a correctable error.

(2)

In subsection (1) —

“correctable error” means an error or omission which—

(a)

is in a part of the decision document which records the

decision, and

(b)

is not part of the statement of reasons for the decision;

“decision document” means—

(a)

a document recording a consent under section 36 or 37,

(b)

a document recording a variation of such a consent.

(3)

The Scottish Ministers may exercise the power in subsection (1) either

of their own accord or following a written request from a person for

the time being entitled to the benefit of the consent.

(4)

The Secretary of State or the Scottish Ministers may by regulations

make provision about the process for corrections, including in

particular provision about—

(a)

the making of written requests;

(b)

notification requirements;

(c)

rights to make representations.”

Page 29

Show Explanatory Text

"Proceedings for questioning certain decisions on consents"

Source HL Bill 110 Explanatory Notes

305. This clause amends section 36D of the Electricity Act 1989, which provides for a statutory appeal to be brought by any person who is aggrieved by a decision made by the Scottish Ministers. It previously only applied to offshore electricity infrastructure consenting decisions made under section 36 of the 1989 Act, but will now be extended so that it applies to onshore electricity infrastructure consenting decisions made under section 36, decisions made under section 37 and all variation decisions.
308. This clause extends to England, Wales and Scotland, but applies to Scotland only.
309. This clause will come into force two months after Royal Assent.

Proceedings for questioning certain decisions on consents

(1)

Section 36D of the Electricity Act 1989 (proceedings for questioning certain

decisions under section 36) is amended as set out in subsections (2) to (4) .

(2)

For subsection (3) substitute—

“(3)

This section applies to a decision under any of the following—

(a)

section 36 (application for consent for generating station);

(b)

section 36C (application for variation of section 36 consent);

(c)

section 37 (application for consent for overhead lines);

(d)

section 37A (application for variation of section 37 consent);

(e)

section 37B (variation of consents by Scottish Ministers);

(f)

section 37C (consents and variation of consents in Scotland:

correction of errors).”

(3)

In subsection (4), for “taken” substitute “published by the Scottish Ministers”.

(4)

In the heading, for “under section 36” substitute “of the Scottish Ministers”.

(5)

In Schedule 8 to the Electricity Act 1989, in paragraph 5B (proceedings for

questioning certain decisions under paragraph 3(2)), in sub-paragraph (4), for

“taken” substitute “published by the Scottish Ministers”.

(6)

In section 237 of the Town and Country Planning (Scotland) Act 1997

(challenges to validity of development plans and certain orders, decisions

and directions), in subsection (3), after paragraph (b) insert—

“(ba)

any decision to give a direction under section 57(2) or (2ZA);”.

(7)

The amendments made by this section apply only in relation to decisions

made on or after the date on which this section comes into force.

Show Explanatory Text

"Applications for necessary wayleaves: fees"

Source HL Bill 110 Explanatory Notes

310. Necessary wayleaves are statutory rights that allow electricity licence holders to install and access their overhead electricity lines and associated infrastructure on land owned by others. They are granted in Scotland by Scottish Ministers.
313. This clause extends to England, Wales and Scotland, but applies to Scotland only.
314. This clause will come into force upon Royal Assent.

Applications for necessary wayleaves: fees

In Schedule 4 to the Electricity Act 1989 (other powers etc of licence holders),

after paragraph 6 insert—

Show Explanatory Text

"“Fees for applications under paragraph 6(3) to the Scottish Ministers"

Source HL Bill 110 Explanatory Notes

311. This clause inserts a new paragraph 6A into Schedule 4 to the Electricity Act 1989, empowering Scottish Ministers to make regulations to charge and set fees for necessary wayleaves applications in Scotland. Fees are already charged for necessary wayleaves applications in England and Wales, but the Scottish Government does not currently have the power to levy them in Scotland. The intention is that fees would be charged on a cost recovery basis, in line with the Scottish Government policy obligations on managing public money (as set out in the Scottish Public Finance Manual), in order to resource the processing of necessary wayleaves applications by the Scottish Government.
312. Changes to fee arrangements for section 36 and section 37 consents can be found in subsection (2) of clause 17. This regulation-making power is subject to the negative procedure.

“Fees for applications under paragraph 6(3) to the Scottish Ministers

The Scottish Ministers may by regulations make provision about

the fees to be paid to the Scottish Ministers in relation to an

application made to them under paragraph 6(3).”

Show Explanatory Text

"Regulations"

Source HL Bill 110 Explanatory Notes

315. This clause amends section 106 of the Electricity Act 1989 to make provision for procedural requirements that apply to the new powers conferred by the provisions in clauses 18, 19, and 21.
316. This clause extends to England, Wales and Scotland, but applies to Scotland only.
317. This clause will come into force upon Royal Assent.

Regulations

(1)

Section 106 of the Electricity Act 1989 (regulations and orders) is amended

as follows.

(2)

In subsection (1ZA) —

(a)

for “the power conferred on” substitute “a power of”;

Page 30

(b)

for “by section 36C” substitute “to make regulations (see section 27 of

the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish

statutory instruments))”.

(3)

After subsection (2) insert—

“(2ZA)

Subsection (2) does not apply to a statutory instrument containing

(whether alone or with other provision)—

(a)

regulations under paragraph 2A of Schedule 8;”.

(4)

In subsection (3) , for the words after “under” substitute “—

“(a)

section 36C,

(b)

section 37A ,

(c)

section 37B ,

(d)

section 37C ,

(e)

paragraph 6A of Schedule 4, or

(f)

any paragraph of Schedule 8 except paragraph 2A ,

are subject to the negative procedure.”

(5)

At the end insert—

“(4)

Before making regulations under a provision listed in subsection (6)

, the Secretary of State must consult the Scottish Ministers.

(5)

Before making regulations under a provision listed in subsection (6)

, the Scottish Ministers must consult the Secretary of State.

(6)

The provisions are—

(a)

section 37A ;

(b)

section 37B ;

(c)

section 37C ;

(d)

paragraphs 1A , 2A and 7B of Schedule 8.”

Show Explanatory Text

Source HL Bill 110 Explanatory Notes

318. This clause gives effect to Schedule 1 which makes consequential amendments to the Electricity Act 1989 and reflects previous transfers of functions to Scottish Ministers.
319. This clause extends to England, Wales and Scotland, but applies to Scotland only.
320. This clause will come into force two months after Royal Assent. Schedule 1 will also come into force two months after Royal Assent, with the exception of paragraph 7 which will come into force on a day specified by regulations.

Schedule 1 makes—

(a)

amendments to the Electricity Act 1989 that are consequential on the

amendments made by sections 18 to 22 , and

(b)

other minor amendments relating to consents for electricity

infrastructure in Scotland (including amendments to reflect previous

transfers of functions to the Scottish Ministers).

Show Explanatory Text

"Environmental impact assessments for electricity works"

Source HL Bill 110 Explanatory Notes

321. This clause creates a power for the Secretary of State or Scottish Ministers to make limited procedural amendments to the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (EIA Regulations). As part of the consenting process for electricity infrastructure in Scotland under sections 36, 36C and 37 of the Electricity Act 1989, Scottish Ministers are required to assess the likely significant environmental effects arising from a proposed Environmental Impact Assessment (EIA) development. Before the UK left the European Union, Scottish Ministers and UK Government ministers had concurrent powers under the European Communities Act 1972 (ECA72) to make regulations for electricity works EIAs. However, although the EIA Regulations remained in force as assimilated law after the ECA72 was repealed, the result is that neither Government has powers to amend them.
325. This clause extends and applies to Scotland only.
326. This clause will come into force upon Royal Assent.

Environmental impact assessments for electricity works

(1)

The Secretary of State or the Scottish Ministers may by regulations amend

the Electricity Works (Environmental Impact Assessment) (Scotland)

Regulations 2017 (S.S.I. 2017/101) (the “2017 Regulations”) by making provision

described in subsection (2) in connection with environmental impact

assessments and applications made to the Scottish Ministers for—

Page 31

(a)

consent granted under section 36 or 37 of the Electricity Act 1989

(consent for construction etc of generating stations or for overhead

lines), or

(b)

variation of consent granted under section 36 of that Act.

(2)

That provision is—

(a)

provision for the Scottish Ministers to refuse an application in respect

of Schedule 2 development that is not accompanied by an EIA report

if the development has not been the subject of a screening opinion;

(b)

provision for the Scottish Ministers to charge developers fees for

screening opinions and scoping opinions;

(c)

provision about the sending of copies of EIA reports to the Scottish

Ministers;

(d)

provision about the publication by developers of the information listed

in regulation 14(2) of the 2017 Regulations (information about EIA

reports);

(e)

provision about making EIA reports available for inspection;

(f)

provision about time limits for the consultation bodies and other public

bodies to make representations to the Scottish Ministers about scoping

opinions and EIA reports;

(g)

provision about time limits for the consultation bodies and other public

bodies to enter into consultation with developers about, and to make

available, information relevant to the preparation of EIA reports;

(h)

provision about time limits for developers to provide additional

information to the Scottish Ministers;

(i)

provision about the publication by developers of the information listed

in regulation 20(3) of the 2017 Regulations (information about

additional information);

(j)

provision about making additional information available for inspection;

(k)

provision about the publication by developers of the information listed

in regulation 23(2) of the 2017 Regulations (information about

decisions);

(l)

provision that the Secretary of State or the Scottish Ministers consider

appropriate for securing that the procedures under the 2017 Regulations

operate effectively, or more effectively, alongside the procedures under

regulations made under section 36C of the Electricity Act 1989 or

paragraph 1A or 7B of Schedule 8 to that Act (inserted by section 18

of this Act).

(3)

The Secretary of State or the Scottish Ministers may by regulations amend

the 2017 Regulations by making provision described in subsection (4) in

connection with environmental impact assessments and applications made to

the Scottish Ministers for variation of consent granted under section 37 of the

Electricity Act 1989.

(4)

That provision is—

(a)

provision requiring an environmental impact assessment in respect of

the proposed variation to be carried out before Scottish Ministers—

Page 32

(i)

vary the consent, or

(ii)

direct that planning permission is deemed to be granted under

section 57(2) or (2ZA) of the Town and Country Planning

(Scotland) Act 1997 in respect of EIA development;

(b)

provision requiring the Scottish Ministers to take the environmental

information into account when carrying out an environmental impact

assessment in respect of the proposed variation;

(c)

provision applying provisions of the 2017 Regulations (including

provisions amended by regulations under subsection (1) ), with or

without modifications;

(d)

provision that the Secretary of State or the Scottish Ministers consider

appropriate for securing that the procedures under the 2017 Regulations

operate effectively, or more effectively, alongside the procedures under

regulations made under section 37A of the Electricity Act 1989 (inserted

by section 19 of this Act).

(5)

Regulations under this section may—

(a)

make different provision for different purposes or different areas;

(b)

make consequential or supplementary provision;

(c)

make transitional provision.

(6)

Regulations under this section made by the Secretary of State are to be made

by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary of State

under this section is subject to annulment in pursuance of a resolution of

either House of Parliament.

(8)

Before making regulations under this section, the Secretary of State must

consult the Scottish Ministers.

(9)

For regulations under this section made by the Scottish Ministers, see section

27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

(Scottish statutory instruments).

(10)

Regulations made by the Scottish Ministers under this section are subject to

the negative procedure (see section 28 of the Interpretation and Legislative

Reform (Scotland) Act 2010 (asp 10)).

(11)

Before making regulations under this section, the Scottish Ministers must

consult the Secretary of State.

(12)

In this section, subject to subsection (13) , the following terms have the same

meaning as they have in the 2017 Regulations—

“additional information”

“the consultation bodies”

“developer”

“EIA development”

Page 33

“EIA report”

“environmental impact assessment”

“environmental information”

“Schedule 2 development”

“scoping opinion”

“screening opinion”.

(13)

In subsections (3) and (4) , those terms have the same meaning in connection

with applications for variation of consent granted under section 37 of the

Electricity Act 1989 as they have, in the 2017 Regulations, in connection with

applications for variation of consent granted under section 36 of that Act.

Long duration electricity storage

Show Explanatory Text

"Long duration electricity storage"

Source HL Bill 110 Explanatory Notes

327. This clause inserts new section 10P into the Electricity Act 1989 to require ",the Authority" (the Gas and Electricity Markets Authority (GEMA)) to create and implement a long duration electricity storage (LDES) cap and floor scheme, to encourage the development and use of LDES installations (new sections 10P(1) and (2)). GEMA carries out its functions through the Office of Gas and Electricity Markets (",Ofgem") which is an independent regulator with defined powers, functions and duties.
332. This clause extends and applies to England, Wales and Scotland.
333. The new powers will come into effect two months after Royal Assent.

Long duration electricity storage

In the Electricity Act 1989, after section 10O insert—

“Long duration electricity storage

Show Explanatory Text

"Long duration electricity storage"

Source HL Bill 110 Explanatory Notes

328. Subsections (3)-(6) of new section 10P define the eligibility requirements and mechanics of the cap and floor scheme. This includes the ",cap" which is the assessed revenue threshold above which developers will pay back some or all revenues, and the ",floor" which is the minimum assessed revenue level, below which NESO will fully or partially compensate the LDES operator. The scheme will therefore provide LDES operators with revenue certainty and confidence to invest. Ofgem will regulate the LDES scheme under its standard licence conditions for generators (new section 10P (4), (5) and (8)).
329. The ",cap" and the ",floor" may be funded by the National Energy System Operator (NESO) through electricity network charges as set out in Article 18(1) of the assimilated Electricity Regulation (EU) 2019/943 (new section 10P (7)).
330. New section 10P (8) defines ",LDES operator" and ",long duration electricity storage installation".
331. New section 10P (9) gives the Secretary of State the power to amend the definition of ",long duration electricity storage installation" to allow for flexibility to respond to changing electricity markets and LDES technologies. The power is subject to a negative procedure.

10P

Long duration electricity storage

(1)

The Authority must, as soon as reasonably practicable after this section

comes into force, establish and operate a scheme in accordance with

this section.

(2)

The scheme must be designed for the purpose of encouraging the

development and use of long duration electricity storage installations.

(3)

The scheme must be open to persons who—

(a)

hold or intend to apply for a generation licence to operate a

long duration electricity storage installation, and

(b)

meet any other specified criteria.

(4)

The scheme must provide for an LDES operator who operates an

approved installation—

(a)

to receive payments from a holder of an electricity system

operator licence where the operator’s assessed revenue from

that installation is below a specified amount, in specified

circumstances, and

(b)

to make payments to a holder of an electricity system operator

licence where the operator’s assessed revenue from that

installation is above a specified amount, in specified

circumstances.

(5)

In subsection (4) —

Page 34

“an approved installation” means a long duration electricity

storage installation which is approved by the Authority for the

purposes of subsection (4) in accordance with the scheme;

“assessed revenue” , in relation to a long duration electricity

storage installation, means the difference between—

(a)

revenue of a specified kind earned or derived in

connection with that installation, and

(b)

costs of a specified kind incurred in connection with

operating the installation.

(6)

The Authority may determine how costs and revenue are to be

calculated for the purposes of the scheme.

(7)

In setting charges to which Article 18(1) of the Electricity Regulation

applies, the holder of an electricity system operator licence may take

account of payments it makes or receives under the scheme.

(8)

In this section—

“LDES operator” means a person who, under a generation licence,

generates electricity by means of a long duration electricity

storage installation;

“long duration electricity storage installation” means an

installation that—

(a)

generates electricity from stored energy,

(b)

has an electricity generating capacity of not less than

50 megawatts, and

(c)

is capable of generating electricity at its full capacity

for a continuous period of not less than eight hours;

“specified” means specified by the Authority for the purposes of

the scheme in—

(a)

a document published by the Authority, or

(b)

a condition of a licence;

“stored energy” has the meaning given by section 4(3ZB).

(9)

The Secretary of State may by regulations amend the definition of

“long duration electricity storage installation” by substituting—

(a)

for the amount of electricity generating capacity for the time

being mentioned in paragraph (b) of the definition, a different

amount;

(b)

for the period for the time being mentioned in paragraph (c)

of the definition, a different period (which may not be less

than eight hours).”

Consumer benefits

Show Explanatory Text

"Benefits for homes near electricity transmission projects"

Source HL Bill 110 Explanatory Notes

334. This clause empowers the Secretary of State to create a financial benefit scheme for eligible persons living near new network transmission infrastructure by inserting new sections 38A, 38B, 38C, and 38D into the Electricity Act 1989.
335. New section 38A sets out powers for the Secretary of State to establish a scheme in which eligible persons are entitled to a benefit. This benefit will largely be delivered by electricity suppliers based on the qualifying premises' proximity to new or certain upgraded network transmission infrastructure, alongside an opt-in process for a minority of households that do not have a direct relationship to an electricity supplier. Qualifying infrastructure in scope of the scheme must involve the construction, erection, expansion or improvement of an electrical plant, or an electric line that is either wholly or partly above the ground and intended to form part of a transmission system. Qualifying infrastructure may also be works that took place before regulations are made or in force, as set out in new section 38A(3).
336. The Secretary of State may make provision in secondary legislation relating to the overall design of the scheme. This includes scheme qualification, and scheme administration. The regulations may restrict a person's ability to access the benefit as a payment. The regulations may also include provision to facilitate the withdrawal or recovery of benefits when error occurs, a person ceases to be eligible, or fraud is detected. The regulations may also make provision for pass-through and enforcement. These powers are set out in new section 38A(4).
337. New section 38A(4) also confers on the Secretary of State the power to further provide for enforcement mechanisms for the scheme via civil proceedings or the imposition of monetary penalties if either the regulations have not been complied with, or that benefit under the scheme has been wrongfully obtained. These provisions are further explained under new section 38C.
338. New section 38A(5) further enables the Secretary of State by regulations, or the Gas and Electricity Markets Authority (GEMA) to amend supplier licence conditions or documents maintained in accordance with the conditions of a licence or an agreement that gives effect to a document so maintained to take into account the establishment of the scheme. This is required because GEMA regulates the suppliers and therefore may need to amend supplier licence conditions, as necessary, to take into account the obligations and responsibilities of suppliers under the scheme.
339. A statutory instrument containing regulations that make provision within new section 38A(4)(h) relating to pass-through and associated provisions, new section 38C(1)(b) relating to the imposition of monetary penalties, or new section 38D(3) relating to disclosure of information if the provision creates or amends an offence or punishment for an offence, may not be made unless a draft has been laid before and approved by each House of Parliament, as set out in new section 38A(6). A draft of such a statutory instrument is not intended to be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament (as set out in new section 38A(7)).
340. As set out in new section 38A(8), regulations made under this section bind the Crown unless otherwise stated. Additionally, the Secretary of State may provide funding to those who are administering the scheme out of money provided by Parliament for that purpose, as set out in new section 38A(9).
341. This clause also provides powers for the Secretary of State to make pass-through provision as set out in new section 38B. This provision will allow regulations to provide for circumstances where a third party (intermediary) sits between the supplier and the end-user. In these circumstances, the end-user will not receive the benefit directly, and action is required from the intermediary to make sure the end-user receives the benefit.
342. Regulations may also provide that intermediaries who will not receive the benefit automatically are required to apply for the benefit that they will then be required to pass-through to end-users as set out in new sections 38B(2)(b) and 38B(3). Regulations may provide that the intermediary will also be required to supply information about the benefit to end-users and regulations may also enable the withdrawal and recovery of payments to an intermediary where they have failed to comply with pass-through requirements, as set out in new section 38B(3)(b) and (d).
343. Electricity consumption for the purposes of the pass-through provision is defined as including cases in which electricity is used for heating, cooling, hot water, or energy (new section 38B(4)).
344. New section 38C makes further provision about the powers for regulations to provide for the enforcement of the scheme (as introduced in new section 38A). The aim of the enforcement provision is to ensure the scheme objectives are realised, that funds are not diverted from the scheme to ineligible persons and to minimise the risk of fraud in the scheme.
345. The definition of enforcement provisions set out in new section 38C(1) will allow for regulations to provide for civil proceedings, the imposition of monetary penalties where appropriate for the reasons set out in new section 38C(1)(b)(i) and (ii) and the provision for complaints procedures, dispute resolution, adjudication, appeals or redress in connection with the scheme.
346. If regulations under new section 38A impose monetary penalties, new section 38C(2) further provides that there must be the right of appeal to a court or tribunal on the grounds of both error of fact and error of law.
347. Part 2 of the Consumers, Estate Agents and Redress Act 2007 sets out the standards and requirements for handling complaints. Regulations may provide that these provisions apply where there is a complaint by an end-user. ",End-user" is defined as a person who is entitled under pass-through provision (defined in section 38B(2)) to benefit from a financial benefit under the scheme which has been provided by the supplier.
348. New section 38D makes provision to allow regulations to set out the information or evidence that must be provided to any person specified in the regulations, including electricity suppliers to enable monitoring of the scheme for the purposes of compliance. This includes provision making it an offence to use or disclose information in an unauthorised manner.
349. New section 38D(5) provides that nothing in regulations under new section 38A requires information to be disclosed or used which would harm commercial interests of any person, unless such disclosure is otherwise provided for in the regulations or is deemed necessary in view of the purpose of the regulations.
350. New section 38D(6) provides that regulations under section 38A do not authorise the disclosure or use of information that contravenes the Data Protection Act 2018 (see section 3 of that Act) or that is prohibited under the relevant parts of the Investigatory Powers Act 2016.
351. Amendments are made to section 106 of the Electricity Act 1989, to provide that subsection (2) of that Act does not apply to a statutory instrument containing regulations in relation to which new section 38A(6) applies.
352. This clause inserts in paragraph 6 of Schedule 6A to the Electricity Act 1989 that provisions in regulations made under new section 38A can be designated as relevant provision in relation to the holder of a supply licence. This enables provisions to be enforced under the existing regulatory regime in the Electricity Act 1989.
353. The territorial extent and application of this clause is England, Wales and Scotland.
354. The new powers will come into force upon Royal Assent.

Benefits for homes near electricity transmission projects

(1)

The Electricity Act 1989 is amended as follows.

Page 35

(2)

After section 38 insert—

“Benefits resulting from proximity to new or upgraded transmission infrastructure

38A

Power to establish scheme for giving of benefits

(1)

The Secretary of State may by regulations establish a scheme under

which persons with a specified connection to qualifying premises are

entitled to financial benefits provided (directly or indirectly) by

electricity suppliers.

(2)

Qualifying premises must be identified by reference to their proximity

to qualifying works.

(3)

Qualifying works must involve the construction, erection, expansion

or improvement of electrical plant or an electric line that (in either

case)—

(a)

is wholly or partly above the ground, and

(b)

forms or is intended to form part of a transmission system.

They may be works that took place before the making of the

regulations or the coming into force of this section.

(4)

The regulations may (among other things)—

(a)

make further provision determining, or for the determination

of, whether premises or works are qualifying;

(b)

confer functions in connection with the scheme;

(c)

provide for the delegation of functions conferred in connection

with the scheme;

(d)

provide for payments by electricity suppliers to meet costs

incurred in the carrying out of functions in connection with

the scheme;

(e)

provide for the costs of electricity suppliers under the scheme

to be distributed among suppliers on such basis, and by such

means, as the regulations provide;

(f)

restrict a person’s ability to obtain payment of an amount

standing to the credit of the person’s account with an electricity

supplier, where that amount derives from benefits under the

scheme;

(g)

make provision about cases in which a person who has received

benefits under the scheme in respect of premises ceases to be

entitled under the scheme in respect of the premises, including

provision for the withdrawal or recovery of the benefits;

(h)

make pass-through provision and associated provision (see

section 38B );

(i)

make enforcement provision (see section 38C );

(j)

make information provision (see section 38D ).

Page 36

(5)

To the extent that this section enables provision to be made affecting

the holders of licences, provision for that purpose may be made by

modifying, or empowering or requiring the Authority to modify—

(a)

the conditions of a licence, or

(b)

a document maintained in accordance with the conditions of

a licence, or an agreement that gives effect to a document so

maintained.

(6)

A statutory instrument containing regulations that make provision

within—

(a)

subsection (4) (h) ,

(b)

section 38C (1) (b) , or

(c)

section 38D (3) , if the provision creates or amends an offence,

or amends the punishment for an offence,

may not be made unless a draft of the instrument has been laid before,

and approved by a resolution of, each House of Parliament.

(7)

A draft laid under subsection (6) is not to be treated as a hybrid

instrument for the purposes of the standing orders of either House of

Parliament.

(8)

Regulations under this section bind the Crown unless they provide

otherwise.

(9)

The Secretary of State may, out of money provided by Parliament,

make payments to a person on whom functions are conferred by

regulations under this section for the purposes of meeting (or helping

to meet) the expenses of carrying out those functions.

38B

Passing of benefits to ultimate consumer

(1)

This section applies for the purposes of section 38A (4) (h) .

(2)

“Pass-through provision” is provision that—

(a)

applies where—

(i)

one person (“the intermediary”) receives benefits under

the scheme in connection with qualifying premises, and

(ii)

another person (“the end-user”) who is not living as

part of the same household as the intermediary

consumes electricity supplied to the premises, and

(b)

requires the intermediary to pass on the substance of those

benefits to the end-user.

(3)

“Associated provision” means provision that relates to pass-through

provision and—

(a)

requires intermediaries to take steps to obtain benefits that will

be subject to the requirement referred to in subsection (2) (b) ,

(b)

requires intermediaries to supply information to end-users,

Page 37

(c)

provides for the making of payments to intermediaries (in

addition to the provision of benefits of the sort mentioned in

section 38A (1) ), or

(d)

provides for the withdrawal or recovery of benefits given or

other payments made to intermediaries who fail to comply

with the requirement referred to in subsection (2) (b) .

(4)

For the purposes of subsection (2) (a) (ii) , the cases in which electricity

is consumed by a person include those in which the electricity is used

to make available to the person heating, cooling, hot water or energy.

38C

Enforcement of benefit scheme

(1)

In section 38A (4) (i) , “enforcement provision” means—

(a)

provision for the enforcement in civil proceedings of

requirements under the scheme,

(b)

provision for a person to impose a monetary penalty where

the person is satisfied on the balance of probabilities that—

(i)

a requirement under the regulations has not been

complied with, or

(ii)

benefits or other payments under the scheme have been

wrongfully obtained, or

(c)

provision for complaints procedures, dispute resolution,

adjudication, appeals or redress in connection with the scheme.

(2)

If regulations under section 38A provide for the imposition of monetary

penalties, they must provide a right of appeal to a court or tribunal

on grounds including both error of fact and error of law.

(3)

The provision that may be made by virtue of subsection (1) (c) includes

provision for Part 2 of the Consumers, Estate Agents and Redress Act

2007 (complaints handling and redress schemes) to apply (with or

without modifications) to end-user complaints as it applies to consumer

complaints within the meaning of that Part.

(4)

In subsection (3) , “end-user complaints” means complaints in

connection with pass-through provision made by end-users against

intermediaries or electricity suppliers (with the definitions in section

38B applying for the purposes of this subsection).

38D

Disclosure and use of information in connection with benefit scheme

(1)

In section 38A (4) (j) , “information provision” means provision within

subsection (2) or (3) .

(2)

Provision is within this subsection if it is provision for the disclosure

of information or evidence for the purposes of—

(a)

identifying persons entitled to benefits under the scheme,

(b)

identifying qualifying premises or qualifying works,

Page 38

(c)

checking whether requirements under, or resulting from, the

regulations are being or have been complied with,

(d)

checking payments made under the scheme,

(e)

facilitating the performance of functions conferred, or the

enforcement of duties imposed, by or as a result of the

regulations, or

(f)

evaluating the performance of the scheme.

(3)

Provision is within this subsection if it is provision about the use or

further disclosure of information disclosed—

(a)

further to provision within subsection (2) , or

(b)

otherwise in connection with the scheme.

(4)

The provision that may be made by virtue of subsection (3) includes

provision making it an offence to use or disclose information in an

unauthorised manner; but such an offence may not be made punishable

by imprisonment.

(5)

Regulations under section 38A that authorise the use or disclosure of

information are not to be taken to authorise disclosure or use that

would be liable to harm the commercial interests of any person, except

to the extent that—

(a)

the regulations otherwise provide, or

(b)

the person disclosing or using the information reasonably

considers such disclosure or use necessary in view of the

purpose of the regulations.

(6)

Regulations under section 38A do not require or authorise the

disclosure or use of information that—

(a)

contravenes the data protection legislation (but this section and

the regulations are to be taken into account in determining

whether the disclosure or use would contravene that

legislation), or

(b)

is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of

the Investigatory Powers Act 2016.

(7)

In subsection (6) , “the data protection legislation” has the same

meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

(3)

In section 106 (regulations and orders under the Act), in subsection (2ZA)

(inserted by section 22 (3) ), after paragraph (a) insert—

“(b)

regulations in relation to which section 38A (6) applies.”

(4)

In paragraph 6 of Schedule 6A (requirements enforceable against suppliers

under section 25), before sub-paragraph (a) insert—

“(za)

any provision of regulations under section 38A that is

designated in the regulations as a relevant provision for the

purposes of this paragraph;”.

Page 39

Electricity transmission period

Show Explanatory Text

"Electricity transmission systems: extension of commissioning period"

Source HL Bill 110 Explanatory Notes

355. This clause amends section 6G(1)(b) of Electricity Act 1989 (Section 6F: meaning of ",commissioning period") to extend the time limit, known as the Generator Commissioning Clause (GCC) period, for offshore wind farms to transfer transmission assets that they build to a third-party offshore transmission owner (OFTO), from 18 months to 27 months, following the wind farm completion notice. The transmission assets for an offshore wind farm consist of the cables and substations used to convey the electricity an offshore wind farm generates to the onshore electricity transmission network. The amendment follows a call for evidence published in 2023 and responds to industry concerns about the GCC period being insufficiently long for the transfer of the transmission assets. 45
356. The amendment contained in this clause extends and applies to England, Wales and Scotland.
357. The new GCC period will come into effect two months after Royal Assent.

Electricity transmission systems: extension of commissioning period

In section 6G (1) of the Electricity Act 1989 (meaning of “commissioning period”

for the purposes of determining whether a person is to be regarded as

participating in the transmission of electricity), in paragraph (b) , for “18

months” substitute “27 months”.

Electricity generation on forestry land

Show Explanatory Text

"Use of forestry estate for renewable electricity"

Source HL Bill 110 Explanatory Notes

358. This clause grants the ",appropriate forestry authorities" (Forestry Commissioners in England and the Natural Resources Body for Wales) powers relating to the generation and sale of electricity from renewable sources, via developments undertaken on ",forestry land" (this term is used to refer to the Public Forest Estate in England and the Welsh Government Woodland Estate in Wales). The clause provides for this by an amendment to the Forestry Act 1967 (",Forestry Act") that inserts a new section 3A.
365. The territorial extent and application of the clause is England and Wales.
366. The clause will come into effect two months after Royal Assent, with the exception of the power to make regulations, which will come into effect upon Royal Assent.

Use of forestry estate for renewable electricity

In the Forestry Act 1967, after section 3 insert—

Show Explanatory Text

"Use of land in connection with renewable electricity projects"

Source HL Bill 110 Explanatory Notes

359. New section 3A(1)(a) and (b) enable the appropriate forestry authorities to bring forward, directly, or through, or with developers, proposals for the generation, storage, transmission and supply of electricity from renewable sources within and across forestry land. The appropriate forestry authorities may sell the resulting electricity.
360. New section 3A(1)(c) provides a power for the appropriate forestry authority to undertake activity for the purpose of meeting relevant conditions of development. These conditions could be required under the Town and Country Planning Act 1990 regime or in relation to Nationally Significant Infrastructure Projects (NSIPs). New section 3A(2) defines a relevant condition of development as one required in connection with a renewable electricity development on forestry land, where the condition is intended to benefit the natural environment. Together, new section 3A(1)(c) and (2) enable the appropriate forestry authority to undertake activity for, amongst other things, the creation and maintenance of biodiversity units on forestry land. Such units can then be sold to developers undertaking renewable energy development on forestry land to enable them to meet their Biodiversity Net Gain obligations (in line with the Biodiversity Net Gain hierarchy) where it is not possible for them to do so on the development site itself.
361. As set out in new section 3A(3), the appropriate forestry authorities will be deemed to be acting in a way that is consistent with their general duty (set out in section 1(2) of the Forestry Act) where they exercise their powers under new section 3A(1) for the purposes set out in subsection (3). The first of these purposes is facilitating and promoting the use of renewable electricity. The second of these purposes is obtaining funds in order to meet certain types of expenses (as set out in section 41(2) of the Forestry Act), such as salaries and pensions of staff, expenses in the exercise of statutory functions and administrative expenses and capital payments for land acquisition. The renewable electricity powers granted to the appropriate forestry authorities will provide an additional income stream for the appropriate forestry authorities. The revenue could be generated by (i) payments from renewable energy developers for use of forestry land for renewable electricity projects, (ii) offsetting the cost of electricity with renewable electricity generated on-site, or (iii) earning income from exporting surplus renewable electricity generated on site.
362. New section 3A(4) will require the appropriate forestry authorities to exercise their new renewable energy functions in a way that achieves a reasonable balance with the considerations already set out in section 1(3A) of the Forestry Act: the development and management of forests and timber supplies, the conservation and enhancement of natural beauty, and the conservation of flora, fauna and geological or physiographical features of special interest.
363. New section 3A(5),(6) and (7) set out that the appropriate national authority (the Secretary of State and Welsh Ministers in Wales) will be able to make regulations by negative procedure requiring the relevant appropriate forestry authority to obtain ministerial consent before using their powers relating to renewable electricity and making associated provision.
364. New section 3A(9) clarifies the meaning of the term ",storage" because, as a technical matter, electricity is not itself ",stored".

“3A

Use of land in connection with renewable electricity projects

(1)

The appropriate forestry authority may—

(a)

use, or enter into arrangements in connection with the use of,

forestry land for the generation, storage, transmission or supply

of renewable electricity;

(b)

sell, or enter into other arrangements concerning, renewable

electricity generated, stored or supplied on, or transmitted

across, forestry land;

(c)

use, or enter into arrangements in connection with the use of,

forestry land for activity that—

(i)

is intended to satisfy, or enable the satisfaction of, a

relevant condition of development (whether existing or

contemplated), or

(ii)

otherwise arises in connection with such a condition.

(2)

For the purposes of subsection (1) (c) , a relevant condition of

development is a condition of development that—

(a)

relates to renewable electricity development located wholly or

partly on forestry land, and

(b)

is intended to benefit the natural environment of land.

(3)

The exercise of the powers in subsection (1) for either of the following

purposes is to be taken to be consistent with the appropriate forestry

authority’s general duty under section 1(2)—

(a)

facilitating or promoting the use of renewable electricity;

(b)

obtaining funds for meeting the expenses referred to in section

41(2) or, in the case of land in Wales, for the activities of the

Natural Resources Body for Wales.

(4)

When the appropriate forestry authority are considering the exercise

of those powers, section 1(3A) applies as if it included a further

paragraph referring to those purposes.

Page 40

(5)

The appropriate national authority may by regulations made by

statutory instrument—

(a)

provide that the appropriate forestry authority may not exercise

their powers under this section without the appropriate national

authority’s consent;

(b)

make provision about the process by which that consent is to

be sought and given or refused;

(c)

provide for that consent to be given subject to conditions.

(6)

Regulations under subsection (5) —

(a)

may make different provision for different purposes or areas;

(b)

may include consequential, incidental, supplementary,

transitional or saving provision.

(7)

A statutory instrument containing regulations under subsection (5) is

subject to annulment in pursuance of a resolution of—

(a)

either House of Parliament, in the case of regulations made by

the Secretary of State;

(b)

Senedd Cymru, in the case of regulations made by the Welsh

Ministers.

(8)

In this section—

“appropriate national authority” means—

(a)

the Secretary of State, in relation to the Commissioners;

(b)

the Welsh Ministers, in relation to the Natural Resources

Body for Wales;

“condition of development” means—

(a)

a condition to which planning permission is subject, or

(b)

a requirement contained in an order granting

development consent under the Planning Act 2008

(development consent for nationally significant

infrastructure);

“forestry land” means land placed at the disposal of the

appropriate forestry authority under this Act;

“natural environment” , in relation to land, includes—

(a)

its plants, animals and other living organisms,

(b)

their habitats, and

(c)

its geological features;

“renewable electricity” means electricity produced from sources

other than—

(a)

coal,

(b)

lignite,

(c)

peat,

(d)

natural gas, within the meaning of the Energy Act 1976,

(e)

crude liquid petroleum,

Page 41

(f)

petroleum products, within the meaning of the Energy

Act 1976,

(g)

any substance produced directly or indirectly from a

substance within paragraphs (a) to (f) ,

(h)

energy derived from any substance within paragraphs

(a) to (g) , or

(i)

nuclear fuel;

“renewable electricity development” means development the main

purpose of which is the generation, storage, transmission or

supply of renewable electricity.

(9)

References in this section to the storage of electricity are to the storage

of energy converted from electricity for the purpose of its reconversion

into electricity.”

Chapter 3

Transport infrastructure

Amendments to the Highways Act 1980

Show Explanatory Text

"Fees for certain services"

Source HL Bill 110 Explanatory Notes

367. This clause inserts new section 281B into the Highways Act 1980 (HA80). The section provides a new power for the Secretary of State in England and Welsh Ministers in Wales to make provision in regulations for public authorities (limited to certain statutory bodies and local planning authorities) to charge applicants for their services in connection to certain HA80 schemes and orders. Provision as to who will have the ability to charge will be prescribed in regulations.
374. The clause extends and applies to England and Wales.
375. The clause will come into force two months after Royal Assent.

Fees for certain services

(1)

The Highways Act 1980 is amended as follows.

(2)

After section 281A (stamp duty land tax) insert—

Show Explanatory Text

"Power to provide for fees for certain services"

Source HL Bill 110 Explanatory Notes

368. New section 281B(1) provides the relevant national authority with the power to make regulations for and in connection with fees charged by particular public authorities (to be specified in regulations) when providing services associated with HA80 orders and schemes.
369. New section 281B(2) defines a relevant service as including any advice, information or other assistance (e.g., responding to a consultation) in connection to orders under Parts 2, 6 or 12 of HA80. This also includes any other prescribed matters in regulations relating to an order or proposed order under section 2, 6 or 12 of the HA80.
370. New section 281B(3) specifies that the regulations made under subsection (1) may in particular make provision about and include: when a fee may or may not be charged; the amount which may be charged; what may and may not be taken into account when calculating a charge; who is liable to pay and when they must pay; the recovery of any fees charged; details of waiver, reduction or repayment of fees; the effect of failing to pay such fees; the supply of information for any purpose of the regulations; and conferring a function, including a function involving the exercise of a discretion, on any person.
371. New section 281B(4) sets out that prescribed public authorities must have regard to any guidance published by the Secretary of State or Welsh Ministers which relates to any requirements set out in regulations.
372. New section 281B(5) sets out that regulations made under this section include the power to make different provision for different cases and to make incidental, consequential, supplementary, transitional or transitory provision or savings.
373. New section 281B(6) defines the terms ",national authority", ",prescribed" and ",public authority" for the purpose of this section.

“281B

Power to provide for fees for certain services

(1)

The appropriate national authority may by regulations make provision

for, or in connection with, the charging of fees to highway authorities

by prescribed public authorities, in relation to the provision of relevant

services.

(2)

A “relevant service” means any advice, information or other assistance

(including a response to a consultation) provided, whether or not to

a highway authority, in connection with—

(a)

an order made, or proposed to be made, under Part 2, 6 or 12,

(b)

any other prescribed matter relating to any of those Parts.

(3)

The regulations under subsection (1) may, in particular, make

provision—

(a)

about when a fee (including a supplementary fee) may, and

may not, be charged;

(b)

about the amount which may be charged;

(c)

about what may, and may not, be taken into account in

calculating the amount charged;

(d)

about which highway authority is liable to pay a fee charged;

Page 42

(e)

about when a fee charged is payable;

(f)

about the recovery of fees charged;

(g)

about waiver, reduction or repayment of fees;

(h)

about the effect of paying or failing to pay fees charged

(including provision permitting a prescribed public authority

to withhold a relevant service that it would otherwise be

required to provide under an enactment until any outstanding

fees for that service are paid);

(i)

for the supply of information for any purpose of the

regulations;

(j)

conferring a function, including a function involving the

exercise of a discretion, on any person.

(4)

A prescribed public authority must have regard to—

(a)

any guidance published by the Secretary of State in relation to

the exercise of the authority’s functions under regulations made

under this section by the Secretary of State;

(b)

any guidance published by the Welsh Ministers in relation to

the exercise of the authority’s functions under regulations made

under this section by the Welsh Ministers.

(5)

Regulations under this section may make—

(a)

different provision for different purposes or areas;

(b)

incidental, consequential, supplementary, transitional or

transitory provision or savings.

(6)

In this section—

“appropriate national authority” means—

(a)

in relation to England, the Secretary of State, and

(b)

in relation to Wales, the Welsh Ministers;

“prescribed” means prescribed by regulations made by the

appropriate national authority under this section;

“public authority” means any person certain of whose functions

are of a public nature.”

(3)

In section 325 (provisions as to regulations, schemes and orders)—

(a)

before subsection (2) insert—

“(1B)

The power of the Welsh Ministers to make regulations under

section 281B is exercisable by statutory instrument.”;

(b)

in subsection (2)(a), after “8A” insert “or regulations made by the

Welsh Ministers under section 281B ”;

(c)

after subsection (2A) insert—

“(2B)

A statutory instrument containing regulations made by the

Welsh Ministers under section 281B is subject to annulment in

pursuance of a resolution of Senedd Cymru.

Page 43

Show Explanatory Text

"Power of strategic highways company in relation to trunk roads"

Source HL Bill 110 Explanatory Notes

376. Currently section 10 orders are made by a highway authority in the form of a draft statutory instrument and then formally made by the Secretary of State in England in the form of a statutory instrument. This differs from the process undertaken for section 16 and 106(3) schemes, in which orders are made under seal by the highway authority (either the Strategic or Local Highway Authority) and then confirmed by the Secretary of State in England.
379. The clause extends and applies to England and Wales.
380. This clause will come into force two months after Royal Assent.

Power of strategic highways company in relation to trunk roads

(1)

Section 10 of the Highways Act 1980 (trunk roads) is amended as set out in

subsections (2) to (6) .

(2)

Omit subsection (2A).

(3)

In subsection (3), for “this section” substitute “subsection (2)”.

(4)

In subsection (3A), after “power” insert “under subsection (2)”.

(5)

In subsection (4), for “this section” substitute “subsection (2)”.

(6)

After subsection (4) insert—

“(4A)

A strategic highways company may by order direct—

(a)

that a highway for which the company is the highway authority

is to become a trunk road,

(b)

in relation to a highway in the company’s area for which the

company is not the highway authority, that—

(i)

the highway is to become a trunk road, and

(ii)

the company is to become the highway authority for it,

(c)

that a trunk road for which the company is the highway

authority is to cease to be a trunk road.

(4B)

In subsection (4A) (b) —

(a)

the reference to the company’s area is to the area in respect of

which it was appointed (see section 2(1) of the Infrastructure

Act 2015), and

(b)

the reference to a highway for which the company is not the

highway authority includes a proposed highway to be

constructed by the company.

(4C)

A strategic highways company may make an order under subsection

(4A) only if it is satisfied that the order is expedient for the purpose

of extending, improving or reorganising the national system of routes

for through traffic in England and Wales.

(4D)

A strategic highways company may be satisfied as mentioned in

subsection (4C) only after taking into consideration the requirements

of local and national planning, including the requirements of

agriculture.

(4E)

An order under subsection (4A) —

(a)

must specify the date on which it takes effect, and

(b)

must be confirmed by the Secretary of State.

(4F)

Subsections (3) and (4) apply in relation to the power in subsection

(4A) as they apply in relation to the power in subsection (2).

Page 44

(4G)

The powers in this section are subject to section 33(4) of the Planning

Act 2008 (exclusion of powers to make or confirm orders in relation

to highways for which development consent required).”

(7)

In Schedule 1 to the Highways Act 1980 (procedures for making or confirming

orders and schemes), after paragraph 1 insert—

“1A

Where an order under section 10 of this Act is submitted to the

Secretary of State by a strategic highways company, that company

must publish, in the manner specified in paragraph 1, the notice

there referred to; and that paragraph has effect in relation to the

notice as if, for the references to the draft order and the making of

the order, there were substituted references to the order as submitted

to the Secretary of State and the confirmation of the order

respectively.”

Show Explanatory Text

"Deadlines for consultation and decisions on certain orders and schemes"

Source HL Bill 110 Explanatory Notes

381. The objection period for specific Highways Act 1980 orders and schemes is currently set at a period of not less than six weeks. This differs from the relevant periods for consultation, receipt of objections or receipt of representations in other consenting regimes. Under the Planning Act 2008 regime, for example, a period of 28 days starting with the day after relevant material is received is provided to prescribed bodies, local authorities and those with an interest in land to provide consultation responses to an applicant.
382. There is also currently no statutory deadline that governs the duration of the decision stage for certain orders and schemes made under the HA80 consenting process.

Deadlines for consultation and decisions on certain orders and schemes

(1)

Schedule 1 to the Highways Act 1980 (procedures for making or confirming

certain orders and schemes) is amended as follows.

(2)

In paragraph 1 , in sub-paragraph (b) , for “6 weeks from the date of the

publication of the notice” substitute “the minimum period specified in

paragraph 2A ”.

(3)

After paragraph 2 insert—

“2A

The minimum period is—

(a)

30 days from the date of the publication of the notice, in the

case of an order proposed by, or submitted to, the Secretary

of State;

(b)

6 weeks from the date of the publication of the notice, in

the case of an order proposed by, or submitted to, the Welsh

Ministers.”

(4)

After paragraph 8 insert—

“8A

(1)

This paragraph applies where the Secretary of State is exercising

the functions conferred by paragraph 8.

(2)

The Secretary of State must—

(a)

decide to make or confirm the proposed order,

(b)

decide not to make or confirm the proposed order, or

(c)

decide to give notification under paragraph 8(3)(a),

within the period of 10 weeks beginning with the relevant day.

(3)

Subject to sub-paragraph (4) , the relevant day is the day on which

any of the following occurs in relation to the proposed order—

(a)

the period specified in the notice published under paragraph

1 or (as the case may be) paragraph 5 expires with no

qualifying objection having been received by the Secretary

of State;

Page 45

(b)

a qualifying objection is withdrawn with the result that no

qualifying objections remain live;

(c)

the Secretary of State decides under paragraph 7(2) to

dispense with an inquiry;

(d)

the Secretary of State receives the report of the person who

has held a local inquiry.

(4)

In a case where—

(a)

the Secretary of State has to decide whether to confirm a

related compulsory purchase order, and

(b)

the relevant day in relation to that compulsory purchase

order is later than the relevant day specified in

sub-paragraph (3) ,

the relevant day for the purposes of sub-paragraph (2) is the relevant

day in relation to the compulsory purchase order.

(5)

The relevant day in relation to a related compulsory purchase order

is the day on which the procedure that must be followed before the

Secretary of State can decide whether to confirm the order (not

including any duty on the Secretary of State to consider certain

matters before taking that decision) is completed.

(6)

Where the Secretary of State gives notification under paragraph

8(3)(a), the Secretary of State must decide whether or not to make

or confirm the proposed order within the period of 10 weeks

beginning with the final day of the period specified under paragraph

8(3)(b).

(7)

Sub-paragraphs (4) and (5) apply for postponing the first day of the

period referred to in sub-paragraph (6) as they apply for postponing

the relevant day for the purposes of sub-paragraph (2) .

(8)

If the Secretary of State has decided to proceed in accordance with

paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply

separately in relation to each part of the proposals that is being

given separate consideration.

(9)

The Secretary of State may in any particular case, if the Secretary

of State considers it appropriate, extend a period that applies under

this paragraph.

(10)

The power under sub-paragraph (9) may be exercised—

(a)

more than once in relation to the same period;

(b)

after the expiry of the period.

(11)

The Secretary of State must give written notice of any extension—

(a)

in a case where the proposed order has already been made,

to the authority that made it, and

(b)

to each person who has made a qualifying objection and not

withdrawn it.

(12)

In this paragraph—

Page 46

“qualifying objection” means an objection received as described

in paragraph 7(1)(a) or (b);

“related compulsory purchase order” , in relation to a proposed

order, means a compulsory purchase order proceedings on

which could, by virtue of section 257(1), be taken

concurrently with any proceedings under this Schedule on

the proposed order.”

(5)

In paragraph 10 —

(a)

the existing text becomes sub-paragraph (1);

(b)

in paragraph (b) of that sub-paragraph, for “6 weeks from the date of

the publication of the notice” substitute “the minimum period specified

in sub-paragraph (2) ”;

(c)

after that sub-paragraph insert—

“(2)

The minimum period is—

(a)

30 days from the date of the publication of the notice,

in the case of a scheme proposed by, or submitted

to, the Secretary of State;

(b)

6 weeks from the date of the publication of the notice,

in the case of a scheme proposed by, or submitted

to, the Welsh Ministers.”

(6)

After paragraph 15 insert—

“15A

(1)

This paragraph applies where the Secretary of State is exercising

the functions conferred by paragraph 15.

(2)

The Secretary of State must—

(a)

decide to make or confirm the proposed scheme,

(b)

decide not to make or confirm the proposed scheme, or

(c)

decide to give notification under paragraph 15(3)(a),

within the period of 10 weeks beginning with the relevant day.

(3)

Subject to sub-paragraph (4) , the relevant day is the day on which

any of the following occurs in relation to the proposed scheme—

(a)

the period specified in the notice published under paragraph

10 or (as the case may be) paragraph 12 expires with no

qualifying objection having been received by the Secretary

of State;

(b)

a qualifying objection is withdrawn with the result that no

qualifying objections remain live;

(c)

the Secretary of State decides under paragraph 14(2) to

dispense with an inquiry;

(d)

the Secretary of State receives the report of the person who

has held a local inquiry.

(4)

In a case where—

(a)

the Secretary of State has to decide whether to confirm a

related compulsory purchase order, and

Page 47

(b)

the relevant day in relation to that compulsory purchase

order is later than the relevant day specified in

sub-paragraph (3) ,

the relevant day for the purposes of sub-paragraph (2) is the relevant

day in relation to the compulsory purchase order.

(5)

The relevant day in relation to a related compulsory purchase order

is the day on which the procedure that must be followed before the

Secretary of State can decide whether to confirm the order (not

including any duty on the Secretary of State to consider certain

matters before taking that decision) is completed.

(6)

Where the Secretary of State gives notification under paragraph

15(3)(a), the Secretary of State must decide whether or not to make

or confirm the proposed scheme within the period of 10 weeks

beginning with the final day of the period specified under paragraph

15(3)(b).

(7)

Sub-paragraphs (4) and (5) apply for postponing the first day of the

period referred to in sub-paragraph (6) as they apply for postponing

the relevant day for the purposes of sub-paragraph (2) .

(8)

If the Secretary of State has decided to proceed in accordance with

paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply

separately in relation to each part of the proposals that is being

given separate consideration.

(9)

The Secretary of State may in any particular case, if the Secretary

of State considers it appropriate, extend a period that applies under

this paragraph.

(10)

The power under sub-paragraph (9) may be exercised—

(a)

more than once in relation to the same period;

(b)

after the expiry of the period.

(11)

The Secretary of State must give written notice of any extension—

(a)

in a case where the proposed scheme has already been made,

to the authority that made it, and

(b)

to each person who has made a qualifying objection and not

withdrawn it.

(12)

In this paragraph—

“qualifying objection” means an objection received as described

in paragraph 14(1)(a) or (b);

“related compulsory purchase order” , in relation to a proposed

scheme, means a compulsory purchase order proceedings

on which could, by virtue of section 257(1), be taken

concurrently with any proceedings under this Schedule on

the proposed scheme.”

Page 48

Show Explanatory Text

"Procedure for certain orders and schemes"

Source HL Bill 110 Explanatory Notes

392. Currently the power to make or confirm schemes under sections 16 and 106(3) of the Highways Act 1980 (HA80) is exercisable by statutory instrument. Similarly, section 10 orders are made by the highway authority in the form of a draft statutory instrument which is brought into force by the Secretary of State in England. Although the statutory instrument is not subject to any parliamentary procedure, extra time is necessary to produce these instruments.
396. The clause extends and applies to England and Wales.
397. This clause will come into force two months after Royal Assent.

Procedure for certain orders and schemes

(1)

The Highways Act 1980 is amended as follows.

(2)

In section 325 (provision for certain regulations, orders and schemes to be

made by statutory instrument)—

(a)

in the heading, omit “, schemes”;

(b)

in subsection (1)—

(i)

omit paragraph (b);

(ii)

in paragraph (d), after “sections” insert “10,”.

(3)

In section 326 (revocation and variation of schemes and orders)—

(a)

in subsection (2)—

(i)

after “An order” insert “or scheme”;

(ii)

after “section” insert “10,”;

(iii)

after “14B,” insert “16,”;

(iv)

after “27,” insert “106(3),”;

(v)

after “orders” insert “or schemes”;

(vi)

after “subsequent order” insert “or scheme”;

(b)

after subsection (2) insert—

“(2A)

Subsection (2) does not apply to an order or scheme under

section 10, 16 or 106(3) made or confirmed by the Welsh

Ministers (but see section 325(1A)).”;

(c)

in subsection (6), before “14,” insert “10,”.

(4)

In Schedule 1 (procedures for making or confirming certain orders and

schemes), after paragraph 19 insert—

“19A

On making or confirming an order or scheme in accordance with

this Schedule, the Secretary of State must publish on a government

website—

(a)

notice of the making or confirmation of the order or scheme,

(b)

if the order or scheme was made with modifications, a

summary of those modifications, and

(c)

either—

(i)

a copy of the order or scheme, together with any

maps or plans referred to in it, or

(ii)

an explanation of where and how that documentation

can be inspected.”

Show Explanatory Text

"Compulsory acquisition powers to include taking of temporary possession"

Source HL Bill 110 Explanatory Notes

398. Currently there is no clear provision available to allow Highways Act 1980 (HA80) project promotors to temporarily use and possess land (such as for construction purposes) by compulsion. In lieu of such a provision, if a project promotor cannot come to a commercial agreement with the landowner(s) for a licence to access the land they require, the project promoter will typically apply for powers of compulsory acquisition to enable it to use the land.
399. The intention of this clause is to provide clarity that project promotors under the HA80 regime can temporarily use and possess land (such as for construction purposes) by compulsion. This clause amends section 250(8) of the HA80 to include ",the right to take temporary possession or occupation of land".
400. This clause also has the effect of making the same land compensation provisions for compulsory purchase available in relation to temporary possession (adapted as necessary).

Compulsory acquisition powers to include taking of temporary possession

In section 250(8) of the Highways Act 1980 (compulsory acquisition by creation

of new rights to include rights of carrying out certain activity on land), after

“references to” insert “—

“(a)

the right to take temporary possession or occupation of land,

and

Page 49

(b)

Amendments to the Transport and Works Act 1992

Replacement of model clauses with guidance

In the Transport and Works Act 1992, for section 8 (model clauses) substitute—

“8

Guidance on draft orders

(1)

The Secretary of State may publish guidance about the preparation of

draft orders, for cases in which rules under section 6 require the

submission of such drafts to the Secretary of State.

(2)

The Welsh Ministers may publish guidance about the preparation of

draft orders, for cases in which rules under section 6 require the

submission of such drafts to the Welsh Ministers.

(3)

The guidance may set out model provisions considered suitable for

inclusion in the drafts (whether generally or in certain cases).

(4)

In arriving at a determination under section 13 in a case to which

guidance under this section applies, the Secretary of State or (as the

case may be) the Welsh Ministers must have regard to—

(a)

any departure from the guidance, and

(b)

any reasons given by the applicant for that departure.”

Removal of special procedure for projects of national significance

(1)

In the Transport and Works Act 1992, omit section 9 (special procedure for

projects considered to be of national significance).

(2)

In consequence of that amendment—

(a)

in section 3 of the Statutory Orders (Special Procedure) Act 1945

(petitions against orders), omit subsection (4A);

(b)

in section 12 of the Transport and Works Act 1992 (special

parliamentary procedure), omit subsection (2);

(c)

in the Channel Tunnel Rail Link Act 1996, omit section 42 (application

of section 9 of the 1992 Act to certain proposals affecting the Channel

Tunnel).

(3)

The amendments made by this section do not apply in relation to an

application in respect of which a notice under section 9(2) of the Transport

and Works Act 1992 has been published before this section comes into force.

Duty to hold inquiry or hearing

(1)

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is

amended as follows.

Page 50

(2)

In subsection (3) (duty to hold inquiry or hearing on request from objector),

for the words from “an objection” to “applies,” substitute “—

“(a)

an objection is made by a person within subsection (4),

(b)

the person informs the Secretary of State in writing that the

person wishes the objection to be referred to an inquiry or dealt

with in accordance with subsection (2), and

(c)

the Secretary of State considers that the objection is serious

enough to merit such treatment,”.

(3)

After subsection (3) insert—

“(3A)

In a case in which the powers in subsections (1) and (2) are exercisable

by the Welsh Ministers, subsection (3) is to be read as referring to the

Welsh Ministers instead of the Secretary of State.”

(4)

The amendments made by this section do not apply in relation to an

application in respect of which rule 5(1) of the Transport and Works

(Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I.

2006/1466) has been complied with before this section comes into force.

Costs of inquiries

(1)

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is

amended as follows.

(2)

In subsection (5) (application of section 250 of the Local Government Act

1972), before paragraph (a) insert—

“(za)

the powers of direction, certification and order-making

conferred by section 250(4) and (5) as applied by this subsection

may, unless otherwise directed by the Secretary of State or the

Welsh Ministers, be exercised on their behalf by the person

holding the inquiry,”.

(3)

After subsection (5) insert—

“(5A)

The power of direction conferred by section 250(4) of the Local

Government Act 1972 (costs of inquiry) as applied by subsection (5)

is, in the case of an application under section 6, to be exercised so as

to require the applicant to pay the costs in question, unless the person

exercising the power considers that there is good reason to exercise

it differently.”

(4)

In subsection (6) (application to hearings of provisions applied to inquiries),

after “(costs)” insert “, and subsection (5A) of this section,”.

(5)

The amendments made by subsections (3) and (4) do not apply in relation to

an application in respect of which rule 5(1) of the Transport and Works

(Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I.

2006/1466) has been complied with before this section comes into force.

Page 51

Deadline for decisions

(1)

The Transport and Works Act 1992 is amended as follows.

(2)

In section 13 (making or refusal of orders), after subsection (6) insert—

“(7)

The Secretary of State may, for cases involving applications under

section 6, make rules as to the period within which—

(a)

a determination under subsection (1) must be made, or

(b)

a step must be taken as required by subsection (4), section 13B

or section 13C.

(8)

Rules under subsection (7) —

(a)

may provide for periods to be determined or changed by the

Secretary of State or the Welsh Ministers in individual cases;

(b)

may provide for the postponement of a requirement under the

rules where a fee payable in connection with the application

is not paid on time;

(c)

may make different provision for different cases;

(d)

if they apply in relation to Wales, may be made only with the

agreement of the Welsh Ministers;

(e)

must be made by statutory instrument;

and such an instrument is subject to annulment in pursuance of a

resolution of either House of Parliament.”

(3)

In consequence of that amendment—

(a)

in section 13(6), for “to 13D” substitute “and 13C”;

(b)

omit section 13D (requirement to determine EIA application or proposal

within reasonable time);

(c)

in section 14(3A)(a), for “to 13D” substitute “and 13C”.

Publication of decisions and time for bringing challenge

(1)

The Transport and Works Act 1992 is amended as follows.

(2)

In section 14 (publicity for making or refusal of order)—

(a)

in subsection (1), for paragraphs (b) and (c) substitute “and

“(b)

publish the notice on a government website.”;

(b)

in subsection (2), for “(1)(a)” substitute “(1)”;

(c)

omit subsection (2A);

(d)

in subsection (3A), for “notices” substitute “notice”;

(e)

for subsection (3AA) substitute—

“(3AA)

If the determination is for the making of an EIA order, the

notice under subsection (1) must include the information

specified in subsection (3AB).”;

(f)

in subsection (4)—

Page 52

(i)

for “a notice” substitute “a copy of the notice under subsection

(1)”;

(ii)

omit the words from “; and” to the end.

(3)

In section 22(1) (period for challenging order), for the words from “within”

to “published” substitute “before the end of the period of 6 weeks beginning

with the day after the day on which notice of the determination to make the

order is first published under section 14(1) (b) ”.

(4)

In consequence of those amendments—

(a)

in section 12(3)(c) (modification of section 22(1) where special

parliamentary procedure applies), for “the notice required by section

14(1)(b) is published” substitute “notice is first published under section

14(1) (b) ”;

(b)

in section 13(5) (date of operation of order), for the words from “the

notice” to “published” substitute “notice of the determination to make

the order is first published under section 14(1) (b) ”.

(5)

The amendments made by this section do not apply in relation to a

determination made before this section comes into force or any order made

further to such a determination.

Fees for certain services

After section 23 of the Transport and Works Act 1992 insert—

“23A

Fees for certain services in connection with orders

(1)

The appropriate national authority may by regulations make provision

for, or in connection with, the charging of fees to applicants under

section 6 by prescribed public authorities, in relation to the provision

of relevant services.

(2)

A “relevant service” means any advice, information or other assistance

(including a response to a consultation) provided, whether or not to

an applicant under section 6, in connection with—

(a)

an application under section 6, or

(b)

any other prescribed matter relating to an order, or proposed

order, under section 1 or 3.

(3)

Regulations made under subsection (1) may, in particular, make

provision—

(a)

about when a fee (including a supplementary fee) may, and

may not, be charged;

(b)

about the amount which may be charged;

(c)

about what may, and may not, be taken into account in

calculating the amount charged;

(d)

about when a fee charged is payable;

(e)

about the recovery of fees charged;

(f)

about waiver, reduction or repayment of fees;

Page 53

(g)

about the effect of paying or failing to pay fees charged

(including provision permitting a prescribed public authority

to withhold a relevant service that it would otherwise be

required to provide under an enactment until any outstanding

fees for that service are paid);

(h)

for the supply of information for any purpose of the

regulations;

(i)

conferring a function, including a function involving the

exercise of a discretion, on any person.

(4)

A prescribed public authority must have regard to—

(a)

any guidance published by the Secretary of State in relation to

the exercise of the authority’s functions under regulations made

under this section by the Secretary of State;

(b)

any guidance published by the Welsh Ministers in relation to

the exercise of the authority’s functions under regulations made

under this section by the Welsh Ministers.

(5)

Regulations under this section may make—

(a)

different provision for different purposes or areas;

(b)

incidental, consequential, supplementary, transitional or

transitory provision or savings.

(6)

Regulations under this section are to be made by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary

of State under this section is subject to annulment in pursuance of a

resolution of either House of Parliament.

(8)

A statutory instrument containing regulations made by the Welsh

Ministers under this section is subject to annulment in pursuance of

a resolution of Senedd Cymru.

(9)

In this section—

“appropriate national authority” means—

(a)

in relation to England and cross-border orders, the

Secretary of State, and

(b)

in relation to Wales but not cross-border orders, the

Welsh Ministers;

“cross-border order” means an order under section 1 or 3 that

has effect both in England and in Wales;

“prescribed” means prescribed by regulations made by the

appropriate national authority under this section;

“public authority” means any person certain of whose functions

are of a public nature.”

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Disapplication of heritage regimes

(1)

In the Transport and Works Act 1992, for section 17 (listed buildings and

conservation areas) substitute—

“17

Disapplication of certain authorisation regimes for the protection of

heritage

(1)

An order under section 1 or 3 may provide that works or operations

authorised by the order do not require—

(a)

consent under section 8 of the Planning (Listed Buildings and

Conservation Areas) Act 1990 (listed building consent in

England),

(b)

consent under section 89 of the Historic Environment (Wales)

Act 2023 (asc 3) (listed building consent in Wales),

(c)

consent under section 162 of that Act (conservation area consent

for demolition in Wales),

(d)

consent under section 2(3) or 3 of the Ancient Monuments and

Archaeological Areas Act 1979 (scheduled monument consent

in England),

(e)

consent under section 13 of the Historic Environment (Wales)

Act 2023 (scheduled monument consent in Wales), or

(f)

notice under section 35 of the Ancient Monuments and

Archaeological Areas Act 1979 (notice of operations in areas

of archaeological importance in England).

(2)

See also section 12(3A) of the Planning (Listed Buildings and

Conservation Areas) Act 1990 and section 94(4) of the Historic

Environment (Wales) Act 2023 (application for listed building consent

required in consequence of proposals under this Act to be made

directly to the Secretary of State).”

(2)

Schedule 2 makes amendments in consequence of that made by subsection

(1) .

(3)

The amendments made by this section (and by Schedule 2 ) do not apply in

relation to an order applied for under section 6 of the Transport and Works

Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections

Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied

with in respect of the application before this section comes into force.

(4)

The amendment made by subsection (1) does not affect the continued force

of section 12(3A) of the Planning (Listed Buildings and Conservation Areas)

Act 1990.

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Deemed consent under marine licence

(1)

In the Transport and Works Act 1992, after section 19 insert—

“19A

Deemed consent under marine licences

(1)

An order of the Secretary of State under section 1 or 3 may include

provision deeming a marine licence to have been granted by the

Secretary of State for activities specified in the order (being activities

for which the Secretary of State is the appropriate licensing authority).

(2)

Activity specified under subsection (1) must be carried out wholly in

one or more of these areas—

(a)

England;

(b)

waters adjacent to England up to the seaward limits of the

territorial sea;

(c)

an exclusive economic zone, except any part of an exclusive

economic zone in relation to which the Scottish Ministers have

functions;

(d)

a Renewable Energy Zone, except any part of a Renewable

Energy Zone in relation to which the Scottish Ministers have

functions;

(e)

an area designated under section 1(7) of the Continental Shelf

Act 1964, except any part of that area which is within a part

of an exclusive economic zone or Renewable Energy Zone in

relation to which the Scottish Ministers have functions.

(3)

An order of the Welsh Ministers under section 1 or 3 may include

provision deeming a marine licence to have been granted by the Welsh

Ministers for activities specified in the order (being activities for which

the Welsh Ministers are the appropriate licensing authority).

(4)

An order including provision under subsection (1) or (3) may also

include provision—

(a)

deeming the licence to have been granted subject to such

conditions as may be specified in the order;

(b)

deeming any such conditions to have been attached to the

marine licence by the Secretary of State or (as the case may be)

the Welsh Ministers under Part 4 of the MCAA 2009.

(5)

If an order includes provision of the sort mentioned in paragraphs (a)

and (b) of subsection (4) , sections 68 (notice of applications) and 69(3)

and (5) (representations) of the MCAA 2009 do not apply in relation

to the deemed marine licence.

(6)

In this section—

“the appropriate licensing authority” has the meaning given by

section 113 of the MCAA 2009;

“exclusive economic zone” has the meaning given by section

322(1) of the MCAA 2009;

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“marine licence” means a marine licence under Part 4 of the

MCAA 2009;

“the MCAA 2009” means the Marine and Coastal Access Act 2009;

“Renewable Energy Zone” has the meaning given by section 84(4)

of the Energy Act 2004.

(7)

For the purposes of this section, waters are to be treated as adjacent,

or as not adjacent, to England if they would be so treated for the

purposes of section 113 of the MCAA 2009 as a result of sections 322(4)

to (9) of that Act.”

(2)

The amendments made by this section do not apply in relation to an order

applied for under section 6 of the Transport and Works Act 1992 if rule 5(1)

of the Transport and Works (Applications and Objections Procedure) (England

and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of

the application before this section comes into force.

Authorisation of applications by local authorities

(1)

In section 20 of the Transport and Works Act 1992 (power to apply for or

object to orders)—

(a)

in subsection (2), omit “by subsection (3) or (4)”;

(b)

after subsection (4) insert—

“(5)

In the case of a local authority to which section 239 of the Local

Government Act 1972 applies, a resolution to make an

application passed, by virtue of this section, in accordance with

subsection (2)(a) of that section does not need to be confirmed

in accordance with subsection (2)(b) of that section.”

(2)

The amendments made by this section do not apply in relation to an

application or objection that is the subject of a resolution under section

239(2)(a) of the Local Government Act 1972 passed before this section comes

into force.

Extension to Scotland of certain amendments

The amendments made to the Transport and Works Act 1992 by the following

provisions are extended to Scotland—

(a)

Schedule 3 to the Environmental Impact Assessment (Miscellaneous

Amendments Relating to Harbours, Highways and Transport)

Regulations 2017 (S.I. 2017/1070);

(b)

regulation 4(3) and (4) of the Merchant Shipping and Other Transport

(Environmental Protection) (Amendment) (EU Exit) Regulations 2019

(S.I. 2019/311).

Page 57

Power to make consequential amendments

(1)

The Secretary of State may by regulations made by statutory instrument make

provision that is consequential on sections 34 to 44 .

(2)

Regulations under this section may amend—

(a)

an Act, or

(b)

an Act or Measure of Senedd Cymru,

passed before the end of the session of Parliament in which this Act is passed.

(3)

Regulations under this section may include incidental, supplemental,

transitional and saving provision.

(4)

A statutory instrument containing (whether alone or with other provision)

regulations made in reliance on subsection (2) may not be made unless a draft

of the statutory instrument containing them has been laid before, and approved

by a resolution of, each House of Parliament.

(5)

Any other statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.

Harbours

Fees for applications for harbour orders

(1)

Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision

orders and harbour empowerment orders) is amended as set out in subsections

(2) to (4) .

(2)

In paragraph 7(1) (things to accompany applications)—

(a)

after paragraph (a) insert “and”;

(b)

omit paragraph (c) and the preceding “and”.

(3)

In paragraph 9 (duty not to consider application unless certain requirements

met), omit sub-paragraph (a).

(4)

After paragraph 9 insert—

“Fees

(1)

The Secretary of State may, by regulations, provide for fees to be

payable by applicants for harbour revision orders.

(2)

Such regulations may—

(a)

provide for the amount of a fee to be determined by a

method laid down in the regulations;

(b)

empower or require the Secretary of State not to take steps

in relation to an application if a fee is not paid on time;

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(c)

provide for the payment of a deposit on account of a fee

that will or may become payable (in which case paragraphs

(a) and (b) apply to the deposit as they apply to the fee);

(d)

make incidental or supplemental provision;

(e)

make different provision for different purposes.”

(5)

In section 54 of the Harbours Act 1964 (orders and regulations), after

subsection (6) insert—

“(7)

As to the power to make regulations under paragraph 9A of Schedule

3 (fees for applications)—

(a)

where the power is exercised by the Secretary of State—

(i)

the regulations are to be made by statutory instrument,

and

(ii)

a statutory instrument containing such regulations is

subject to annulment in pursuance of a resolution of

either House of Parliament;

(b)

where the power is exercised by the Welsh Ministers (see

section 17(2C))—

(i)

the regulations are to be made by statutory instrument,

and

(ii)

a statutory instrument containing such regulations is

subject to annulment in pursuance of a resolution of

Senedd Cymru;

(c)

where the power is exercised by the Scottish Ministers (see

section 17(2C)), the regulations are subject to the negative

procedure (see section 28 of the Interpretation and Legislative

Reform (Scotland) Act 2010).”

(6)

Subsection (7) applies if regulations under paragraph 9A of Schedule 3 to the

Harbours Act 1964 (inserted by subsection (4) ) come into force before

subsection (2) comes fully into force.

(7)

No fee is payable under paragraph 7(1)(c) of that Schedule in respect of an

application if regulations under paragraph 9A of that Schedule apply to the

application.

Electric vehicle charge points

Installation of electric vehicle charge points

(1)

Section 48 of the New Roads and Street Works Act 1991 (streets, street works

and undertakers) is amended as set out in subsections (2) to (5) .

(2)

After subsection (3) , insert—

“(3ZA)

In this Part “street works” also includes works of any of the following

kinds executed in a street in England in pursuance of a street works

permit—

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(a)

placing apparatus that is a public charge point, or

(b)

inspecting, maintaining, adjusting, repairing, altering, renewing,

changing the position of or removing apparatus that is a public

charge point,

or works required for or incidental to any such works (including, in

particular, breaking up or opening the street, or any sewer, drain or

tunnel under it, or tunnelling or boring under the street).”

(3)

In subsection (3A) , in the words before paragraph (a) , after “(3)” insert “or

(3ZA) ”.

(4)

In subsection (4) —

(a)

for “in relation to street works” substitute “—

“(a)

in relation to street works mentioned in subsection (3),”;

(b)

at the end insert—

“(b)

in relation to street works described in subsection (3ZA)

, means the person who in accordance with the street

works permit is permitted to carry out the works.”

(5)

In subsection (5) —

(a)

from “are to” to “licence” substitute “(including public charge points)

are to the person entitled, by virtue of—

“(a)

a statutory right,

(b)

a street works licence, or

(c)

where the apparatus is a public charge point installed

in England in pursuance of a street works permit, the

permit,”;

(b)

after (3) insert “or (3ZA) ”.

(6)

In section 51 of that Act (prohibition of unauthorised street works), in

subsection (3) for “works for” to the end substitute “—

“(a)

works for road purposes,

(b)

emergency works of any description, or

(c)

street works as described in section 48 (3ZA) (works relating

to public charge points executed in a street in England in

pursuance of a street works permit).”

(7)

In section 105 (1) of that Act (minor definitions)—

(a)

at the appropriate places insert—

““public charge point” means a charge point within the meaning

of Part 2 of the Automated and Electric Vehicles Act 2018 that

is provided for use by members of the general public;”;

““street works permit” means a permit granted pursuant to a

permit scheme prepared under Part 3 of the Traffic

Management Act 2004 ;”;

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(b)

in the definition of “statutory right”, for the words from “a right

exercisable” to the end substitute—

“(a)

a right exercisable by virtue of a street works licence,

(b)

a right, exercisable by virtue of a street works permit,

to carry out street works described in section 48 (3ZA) .”

(8)

In section 106 of that Act (index of defined expressions)—

(a)

at the appropriate places insert—

“public charge point

section 105(1)”;

“street works permit

section 105(1)”.

(b)

in the entry for “street works”, after “48(3)” insert “and (3ZA) ”.

(9)

In section 115E of the Highways Act 1980 (execution of works and use of

objects etc. by persons other than councils)—

(a)

in subsection (1) , for “(5)” substitute “(6)”;

(b)

after subsection (5) insert—

“(6)

A council may not under this section grant a person permission

to do anything relating to a public charge point in England

which is capable of being authorised by a street works permit

or a street works licence.

(7)

In this section—

“public charge point” means a charge point within the

meaning of Part 2 of the Automated and Electric

Vehicles Act 2018 that is provided for use by members

of the general public;

“street works permit” means a permit granted pursuant

to a permit scheme prepared under Part 3 of the Traffic

Management Act 2004 .”

Part 2

Planning

Chapter 1

Planning decisions

Fees for planning applications etc

(1)

Section 303 of the Town and Country Planning Act 1990 (fees for planning

applications etc) is amended as set out in subsections (2) to (5) .

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(2)

After subsection (5) insert—

“(5A)

Regulations made by the Secretary of State under subsection (1) or (2)

may authorise or require a local planning authority in England to set

the level of a fee or charge.

(5B)

Regulations under subsection (1ZA) may authorise or require the

Mayor of London or a specified person to set the level of a fee or

charge.

(5C)

Provision made in reliance on subsection (5A) or (5B) must include

provision about—

(a)

consultation to be carried out in relation to the setting of the

level of a fee or charge;

(b)

the criteria to be applied when setting the level of a fee or

charge;

(c)

publication of information or reports;

(d)

obligations to notify the Secretary of State;

(e)

reviews of the level of a fee or charge.”

(3)

After subsection (8A) insert—

“(8B)

Where—

(a)

a local planning authority in England, the Mayor of London

or a specified person calculates the amount of a fee or charge

in pursuance of regulations under subsection (1) or (1ZA), or

(b)

a local planning authority in England, the Mayor of London

or a specified person sets the level of a fee or charge in

pursuance of regulations under subsection (1), (1ZA) or (2),

the fee or charge must be calculated or set with a view to ensuring

that, so far as possible, it does not exceed the cost of carrying out the

function in respect of which it is imposed.

(8C)

A local planning authority in England, the Mayor of London or a

specified person must secure that their income from fees or charges

paid in pursuance of regulations made under subsection (1), (1ZA) or

(2) is applied towards the carrying out of functions that the authority,

Mayor or person has that fall within subsection (8D) .

(8D)

The functions that fall within this subsection are—

(a)

functions under—

(i)

Part 3,

(ii)

in Part 7, section 191 or 192, or

(iii)

Part 8;

(b)

in the case of the Mayor of London, functions under section

2A and related functions under sections 2B to 2F;

(c)

functions under Part 1 of the Planning (Listed Buildings and

Conservation Areas) Act 1990;

(d)

functions under section 17 of the Land Compensation Act 1961;

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(e)

functions specified for the purposes of this paragraph in

regulations made by the Secretary of State,

other than functions in connection with applications made in legal

proceedings.”

(4)

In subsection (10) , after “planning authority” insert “in Wales”.

(5)

Omit subsection (10A) .

(6)

After section 303 of the Town and Country Planning Act 1990 insert—

“303ZZA

Directions in relation to fees set by English local planning

authorities etc

(1)

This section applies where—

(a)

by virtue of section 303 (5A) or (5B) , a local planning authority

in England, the Mayor of London or a specified person (a

“charging authority”) has set or is proposing to set its own fee

or charge in respect of a matter, and

(b)

the Secretary of State considers that the fee or charge is set or

proposed to be set at a level that is not appropriate.

(2)

The Secretary of State may direct the charging authority to review the

level of the fee or charge.

(3)

A charging authority to which a direction is given under subsection

(2) must—

(a)

review the fee or charge, and

(b)

notify the Secretary of State of its decision as a result of the

review, giving reasons.

(4)

Subsection (5) applies where—

(a)

a charging authority fails to comply with subsection (3) , or

(b)

a charging authority complies with that subsection but the

Secretary of State considers that the fee or charge remains set

at a level that is not appropriate.

(5)

The Secretary of State may direct that the fee or charge is to be of

such amount as may be specified in, or determined in accordance

with, the direction.

(6)

The Secretary of State may by regulations make provision—

(a)

about the time by which any requirement imposed by or under

this section must be complied with;

(b)

about the fee or charge that is to apply while a charging

authority reviews a fee or charge following a direction under

subsection (2) ;

(c)

about repayment of the whole or part of any fee or charge

where the level of the fee or charge is reduced as a result of a

direction under subsection (2) or (5) .

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(7)

In this section “specified person” has the same meaning as in section

303.”

Surcharge on planning fees

In the Town and Country Planning Act 1990 , after section 303ZZA (inserted

by section 48 ) insert—

“303ZZB

Surcharge on planning fees

(1)

The Secretary of State may by regulations make provision for a

surcharge to be imposed on a fee or charge paid—

(a)

to a local planning authority in England under section 303(1)

or (2),

(b)

to the Mayor of London or a specified person under section

303(1ZA), or

(c)

to the Secretary of State under section 303(1A), (2), (3) or (4A).

(2)

Where regulations under subsection (1) provide for a surcharge to be

imposed on a fee or charge paid to a person other than the Secretary

of State, that person must pay to the Secretary of State the amount

they receive from any surcharges—

(a)

subject to such deductions, and

(b)

at the times and in the manner,

as set out in regulations under subsection (1) .

(3)

Regulations under subsection (1) may—

(a)

specify the level of the surcharge as a percentage of the level

of a fee or charge;

(b)

make different provision for different purposes, including

setting different levels of surcharge for different fees, charges,

cases or circumstances.

(4)

Regulations under subsection (1) may provide that where the level of

the fee or charge has been set by—

(a)

a local planning authority under section 303 (5A) , or

(b)

the Mayor of London or a specified person under section

303 (5B) ,

the surcharge may be set as a percentage of the fee or charge that

would be payable had the level of the fee or charge not been so set.

(5)

The Secretary of State must list in regulations the persons whose

relevant costs the surcharge is intended to cover (“listed persons”).

(6)

In setting the level of the surcharge, the Secretary of State must have

regard to the relevant costs of the listed persons, and must secure that,

taking one financial year with another, the income from the surcharge

does not exceed the relevant costs of the listed persons.

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(7)

In subsections (5) and (6), “relevant costs” means the costs of providing

advice, information or assistance (including the provision of a response

to a consultation) in connection with—

(a)

applications,

(b)

proposed applications, or

(c)

proposals for a permission, approval or consent,

that are made under or for the purposes of the planning Acts and that

relate to land in England.

(8)

Regulations under subsection (1) may set the surcharge at a level that

exceeds the costs of listed persons of providing advice, information

or assistance in connection with the application, proposed application

or proposal in respect of which the surcharge is imposed.

(9)

Paragraphs (a) to (f) of section 303(5) apply to regulations under this

section as they apply to regulations under subsection (1) , save that

references to a fee or charge are to be read as references to the

surcharge.

(10)

A statutory instrument containing regulations under this section may

not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.”

Training for local planning authorities in England

In the Town and Country Planning Act 1990 , after section 319 insert—

“England: training in the exercise of certain planning functions

319ZZA

Training: local planning authorities in England

(1)

The Secretary of State may by regulations make provision for and in

connection with the training of members of local planning authorities

in their exercise of such relevant planning functions as are prescribed.

(2)

Such regulations must provide for satisfactory completion of the

training to be evidenced by a certificate valid for a prescribed period

(a “certificate of completion”).

(3)

A member of a local planning authority who does not hold a valid

certificate of completion is prohibited from—

(a)

exercising the prescribed relevant planning functions on behalf

of a local planning authority, or

(b)

being involved in exercising the prescribed relevant planning

functions on behalf of a local planning authority as a member

of a committee or any other body.

(4)

Regulations under subsection (1) may, in particular—

(a)

provide for accreditation by the Secretary of State of—

(i)

courses of training, and

Page 65

(ii)

persons providing such courses;

(b)

impose requirements as to record-keeping, including by

imposing such requirements on a training provider.

(5)

Regulations under subsection (1) must require a local planning

authority to publish on their website which of their members hold

valid certificates of completion.

(6)

The validity of anything done in the exercise of a prescribed relevant

planning function is not affected by any breach of subsection (3) .

(7)

In this section—

(a)

references to a local planning authority are to a local planning

authority in England;

(b)

references to a member of a local planning authority include

a person who (though not a member of a local planning

authority) is an appointed member of a committee or

sub-committee of a local planning authority.

(8)

This section applies in relation to a relevant planning function

conferred on a mineral planning authority as if references to a local

planning authority were to a mineral planning authority in England.

(9)

In this section, “relevant planning function” means—

(a)

a function under—

(i)

Part 3;

(ii)

in Part 7, sections 191(4) and 192(2);

(iii)

Part 8;

(iv)

in Part 10, section 257;

(b)

a function under section 17 of the Land Compensation Act

1961;

(c)

a function under Part 1 of the Planning (Listed Buildings and

Conservation Areas) Act 1990 ;

(d)

a function of imposing or amending any condition, limitation

or other restriction on a permission, approval or consent

required by or under an enactment specified in paragraph (a)

or (c) ;

(e)

an enforcement function exercisable in relation to—

(i)

development carried out without a permission, approval

or consent required by or under an enactment specified

in paragraph (a) or (c) , or

(ii)

a failure to comply with any condition, limitation or

other restriction of any such permission, approval or

consent.

(10)

In subsection (9) any reference to a function under an enactment

includes a function under an instrument made under the enactment.

Page 66

319ZZB

Training: certain mayoral planning functions

(1)

The Secretary of State may by regulations make provision for and in

connection with the training of persons who may exercise relevant

mayoral planning functions in their exercise of such relevant mayoral

planning functions as are prescribed.

(2)

Such regulations must provide for satisfactory completion of the

training to be evidenced by a certificate valid for a prescribed period

(a “certificate of completion”).

(3)

A mayor is prohibited from exercising the prescribed relevant mayoral

planning functions without a valid certificate of completion.

(4)

A person who is authorised (by or under any enactment or by

arrangements made by a mayor) to exercise a prescribed relevant

mayoral planning function on behalf of a mayor is prohibited from

exercising such a function, or being involved in the exercise of such

a function as a member of a committee or any other body, without a

valid certificate of completion.

(5)

Regulations under subsection (1) may, in particular—

(a)

provide for accreditation by the Secretary of State of—

(i)

courses of training, and

(ii)

persons providing such courses;

(b)

impose requirements as to record-keeping, including by

imposing such requirements on a training provider.

(6)

The validity of anything done in the exercise of a prescribed relevant

mayoral planning function is not affected by any breach of subsection

(3) or (4) .

(7)

In subsections (3) and (4) , references to a mayor are to—

(a)

the Mayor of London,

(b)

a mayor for the area of a combined authority, and

(c)

a mayor for the area of a combined county authority.

(8)

In this section “relevant mayoral planning function” means—

(a)

any of the functions of the Mayor of London specified in

subsection (9) , and

(b)

any functions of a mayor for the area of a combined authority

or a mayor for the area of a combined county authority which

correspond to the functions of the Mayor of London specified

in subsection (9) .

(9)

The functions of the Mayor of London referred to in subsection (8)

are as follows—

(a)

the function of—

(i)

giving a direction under section 2A(1) or (1B);

(ii)

giving a direction under section 74(1B)(a);

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(b)

the function of determining an application by virtue of section

2A or 2B, and related functions under sections 2C and 2F;

(c)

a function under section 2E;

(d)

the function of making a Mayoral development order under

section 61DA;

(e)

a function exercisable in connection with a Mayoral

development order.

(10)

In this section—

“combined authority” means a combined authority established

under section 103(1) of the Local Democracy, Economic

Development and Construction Act 2009;

“combined county authority” means a combined county authority

established under section 9(1) of the Levelling-up and

Regeneration Act 2023.”

Delegation of planning decisions in England

(1)

In the Town and Country Planning Act 1990, after section 319ZZB (inserted

by section 50 ) insert—

“England: discharge of functions of local planning authority

319ZZC

Requirement for functions to be discharged by committee,

sub-committee or officer

(1)

The Secretary of State may by regulations require a relevant local

planning authority to make arrangements under section 101 of the

1972 Act for such relevant planning functions as are prescribed—

(a)

to be discharged by a committee, sub-committee or officer of

the authority;

(b)

to be discharged by a committee, sub-committee or officer of

the authority in prescribed circumstances.

(2)

The regulations may —

(a)

prescribe the terms of the arrangements (which may include

exceptions) and any permitted variations in those terms;

(b)

provide for the arrangements to confer a discretion on any

person in connection with the delegation of a function.

(3)

Where arrangements required by the regulations are in force in relation

to a relevant planning function, the function may only be exercised

in accordance with the arrangements (and section 101 (4) of the 1972

Act does not apply).

319ZZD

Size and composition of committee discharging functions

(1)

The Secretary of State may by regulations prescribe requirements

relating to the size and composition of a committee or sub-committee

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by which such relevant planning functions as are prescribed are to be

discharged.

(2)

A relevant local planning authority may not arrange for a relevant

planning function to be discharged by a committee or sub-committee

of the authority which fails to satisfy a requirement imposed by

regulations under this section in relation to the discharge of that

function.

(3)

If a committee or sub-committee discharging a relevant planning

function fails to satisfy such a requirement, paragraph 43 of Schedule

12 to the 1972 Act (validity of proceedings) does not apply in relation

to the failure.

319ZZE

Sections

(1)

Sections 101 and 102 of the 1972 Act have effect subject to sections

319ZZC and 319ZZD and any regulations made under them.

(2)

Where arrangements are in force under section 101 (5) of the 1972 Act

for two or more relevant local planning authorities to discharge any

of their relevant planning functions jointly, sections 319ZZC and

319ZZD apply in relation to those functions as if—

(a)

references to a committee or sub-committee of a relevant local

planning authority were references to a joint committee or

sub-committee of those authorities;

(b)

references to an officer of a relevant local planning authority

were references to an officer of any of those authorities.

(3)

Regulations under sections 319ZZC and 319ZZD may—

(a)

make different provision for different relevant local planning

authorities;

(b)

make different provision for cases where two or more such

authorities have made arrangements under section 101 (1) (b)

or (5) of the 1972 Act for the discharge of any of their relevant

planning functions.

(4)

In operating arrangements required by regulations under section

319ZZC , relevant local planning authorities must have regard to any

relevant guidance issued by the Secretary of State.

(5)

In making arrangements for the discharge of a function prescribed in

regulations under section 319ZZD , relevant local planning authorities

must have regard to any relevant guidance issued by the Secretary of

State.

(6)

The Secretary of State must consult such persons as the Secretary of

State considers appropriate before—

(a)

making regulations under section 319ZZC or 319ZZD , or

(b)

issuing guidance under subsection (4) or (5) .

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(7)

Sections 319ZZC and 319ZZD and this section apply in relation to a

relevant planning function conferred on a relevant mineral planning

authority as if references to a relevant local planning authority were

to a relevant mineral planning authority.

319ZZF

Interpretation of sections

(1)

In sections 319ZZC to section 319ZZE , “relevant local planning

authority” means a local planning authority in England which is an

authority to which sections 101 and 102 of the 1972 Act apply, except

that it does not include—

(a)

a National Park authority, or

(b)

the Broads Authority.

(2)

In section 319ZZE , “relevant mineral planning authority” means a

mineral planning authority in England which is an authority to which

sections 101 and 102 of the 1972 Act apply, except that it does not

include a National Park authority.

(3)

In sections 319ZZC to 319ZZE , “relevant planning function” has the

same meaning as in section 319ZZA (see subsections (9) and (10) of

that section).

(4)

In sections 319ZZC to 319ZZE and this section, “the 1972 Act” means

the Local Government Act 1972 .”

(2)

In section 316 of the Town and Country Planning Act 1990 (land of interested

planning authorities and development by them), in subsection (3) , in the

words after paragraph (b) , after “under” insert “sections 319ZZC to 319ZZE

or”.

Chapter 2

Spatial development strategies

Spatial development strategies

(1)

Before section 13 of the Planning and Compulsory Purchase Act 2004 insert—

Part 1A

Strategic plan-making

Strategic planning authorities and strategic planning boards

12A

Spatial development strategy to be produced by strategic planning

authorities

(1)

This Part requires strategic planning authorities to prepare a document,

conforming to section 12D , known as a “spatial development strategy”.

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(2)

In this Part “strategic planning authority” means—

(a)

a strategic planning board (see section 12B );

(b)

a combined authority;

(c)

a combined county authority;

(d)

an upper-tier county council for an area no part of which forms

part of the area of a combined authority or a combined county

authority;

(e)

a unitary authority for an area—

(i)

that is in England, and

(ii)

no part of which forms part of the area of a combined

authority or a combined county authority.

(3)

But a principal authority that is a constituent authority of a strategic

planning board is not a strategic planning authority for the purposes

of this Part.

(4)

In this Part “strategy area”, in relation to a spatial development

strategy, means—

(a)

in the case of a strategic planning board, the area consisting

of the areas of the constituent authorities of the board;

(b)

in the case of a combined authority, the area of the combined

authority;

(c)

in the case of a combined county authority, the area of the

combined county authority;

(d)

in the case of an upper-tier county council, the area of the

upper-tier county council;

(e)

in the case of a unitary authority, the area of the unitary

authority.

(5)

Any function of a strategic planning authority exercisable by or under

this Part by a principal authority is not a function to which either of

the following provisions of the Local Government Act 1972 applies—

(a)

section 101(1)(b);

(b)

section 101(5).

(6)

For provision about the spatial development strategy for London, see

(in particular) sections 334 to 343 of the Greater London Authority

Act 1999.

(7)

In this Part “principal authority” means a body specified in any of

paragraphs (b) to (e) of subsection (2) .

12B

Strategic planning boards

(1)

This section applies where the Secretary of State considers that it is

desirable for a spatial development strategy to relate to an area

consisting of the areas of two or more principal authorities.

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(2)

Subject to subsection (4) , the Secretary of State may by regulations

establish a joint committee of the authorities to exercise functions

under this Part in relation to an area consisting of the areas of those

authorities (the “constituent authorities”).

(3)

Such a committee is to be known as a “strategic planning board”.

(4)

The Secretary of State may make regulations under subsection (2)

establishing a strategic planning board only after consulting the

following on a draft of the proposed regulations—

(a)

the principal authorities that are to be the constituent authorities

of the board,

(b)

any local planning authority for an area that is wholly or partly

within, or adjoins, the area of any of those authorities, and

(c)

the person responsible for preparing a spatial development

strategy for an area that adjoins the area of any of those

authorities.

(5)

Where the Secretary of State is considering whether to, or has decided

to, establish a strategic planning board, the Secretary of State may

direct the principal authorities that are to be the constituent authorities

of the board not to take any step, or any further step, or not to take

a step specified in the direction, in connection with the preparation

of their own spatial development strategies.

12C

Regulations about strategic planning boards

(1)

Strategic planning board regulations that establish a strategic planning

board must specify—

(a)

the constituent authorities of the board, and

(b)

the area in relation to which the board exercises functions

under this Part.

(2)

Strategic planning board regulations may make provision about—

(a)

the composition of a strategic planning board (including about

the appointment of members to the board or any sub-committee

of the board);

(b)

the proceedings of a strategic planning board and of any

sub-committee of the board (including provision about voting

rights);

(c)

such other matters as the Secretary of State considers are

necessary or expedient to facilitate the exercise by a strategic

planning board of its functions under this Part.

(3)

Provision of the kind mentioned in subsection (2) (c) may include

provision—

(a)

corresponding to provisions relating to joint committees in Part

6 of the Local Government Act 1972;

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(b)

applying (with or without modifications) such enactments

relating to local authorities as the Secretary of State considers

appropriate;

(c)

requiring the making by a constituent authority of payments

towards the costs of the strategic planning board;

(d)

modifying the application of this Part in relation to a strategic

planning board.

(4)

For the purposes of subsection (3) (b) a local authority is any of the

following—

(a)

a county council;

(b)

a district council;

(c)

a London borough council.

(5)

If strategic planning board regulations establishing a strategic planning

board are annulled in pursuance of a resolution of either House of

Parliament, the strategic planning board is dissolved with effect from

the date of the resolution.

(6)

The Secretary of State’s power to make strategic planning board

regulations that amend or revoke other strategic planning board

regulations—

(a)

is exercisable whether or not the constituent authorities of the

strategic planning board in question request an amendment or

revocation;

(b)

is exercisable only after the Secretary of State has consulted

the following on a draft of the proposed regulations—

(i)

the strategic planning board in question,

(ii)

the constituent authorities of that board,

(iii)

any local planning authority for an area that is wholly

or partly within, or adjoins, the area of any of those

authorities, and

(iv)

the person responsible for preparing a spatial

development strategy for an area that adjoins the area

of any of those authorities.

(7)

The condition in section 12B (1) does not apply in relation to strategic

planning board regulations that amend or revoke other strategic

planning board regulations.

(8)

In this section “strategic planning board regulations” means regulations

under section 12B (2) .

Contents of spatial development strategy

12D

Contents of spatial development strategy

(1)

A spatial development strategy must include a statement of the

strategic planning authority’s policies (however expressed), in relation

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to the development and use of land in the strategy area, which are of

strategic importance to that area.

(2)

A spatial development strategy must include a reasoned justification

for the policies referred to in subsection (1) .

(3)

A spatial development strategy must specify the period for which it

is to have effect.

(4)

A spatial development strategy may specify or describe infrastructure

the provision of which the strategic planning authority considers to

be of strategic importance to the strategy area for the purposes of—

(a)

supporting or facilitating development in that area,

(b)

mitigating, or adapting to, climate change, or

(c)

promoting or improving the economic, social or environmental

well-being of that area.

(5)

A spatial development strategy may specify or describe—

(a)

an amount or distribution of housing (of any kind), the

provision of which the strategic planning authority considers

to be of strategic importance to the strategy area;

(b)

an amount or distribution of affordable housing or any other

kind of housing, the provision of which the strategic planning

authority considers to be of strategic importance to the strategy

area.

(6)

For the purposes of subsections (1) , (4) and (5) , a matter may be of

strategic importance to a strategy area even if it affects only part of

that area.

(7)

The Secretary of State may prescribe further matters a spatial

development strategy may, or must, deal with.

(8)

A spatial development strategy must contain such diagrams,

illustrations or other descriptive or explanatory matter relating to its

contents as may be prescribed.

(9)

A spatial development strategy may make different provision for

different cases or for different parts of the strategy area.

(10)

A spatial development strategy must be designed to secure that the

use and development of land in the strategy area contribute to the

mitigation of, and adaptation to, climate change.

(11)

A spatial development strategy must take account of any local nature

recovery strategy, under section 104 of the Environment Act 2021, that

relates to any part of the strategy area, including in particular—

(a)

the areas identified in the strategy as areas which—

(i)

are, or could become, of particular importance for

biodiversity, or

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(ii)

are areas where the recovery or enhancement of

biodiversity could make a particular contribution to

other environmental benefits,

(b)

the priorities set out in the strategy for recovering or enhancing

biodiversity, and

(c)

the proposals set out in the strategy as to potential measures

relating to those priorities.

(12)

A spatial development strategy must not—

(a)

include anything that is not permitted or required by or under

the preceding provisions of this section,

(b)

specify particular sites where development should take place,

(c)

be inconsistent with or (in substance) repeat any national

development management policy.

(13)

The Secretary of State may prescribe—

(a)

the form of a spatial development strategy;

(b)

documents that must accompany a spatial development

strategy.

(14)

In subsection (5) “affordable housing” means—

(a)

social housing within the meaning of Part 2 of the Housing

and Regeneration Act 2008, and

(b)

any other description of housing that may be prescribed.

Spatial development strategy timetable

12E

Timetable for preparing spatial development strategy

(1)

A strategic planning authority must prepare and maintain a document

relating to its spatial development strategy, known as a “spatial

development strategy timetable”.

(2)

A spatial development strategy timetable must specify—

(a)

the strategy area, and

(b)

a timetable for the preparation of the strategy that is consistent

with this Part and any regulations made under it.

(3)

The Secretary of State may prescribe—

(a)

the form and content of a spatial development strategy

timetable;

(b)

further matters the timetable must deal with.

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12F

Spatial development strategy timetable: further provision

(1)

A strategic planning authority must submit its draft spatial

development strategy timetable to the Secretary of State within such

period as may be prescribed.

(2)

The Secretary of State may direct the strategic planning authority to

make specified amendments to the draft timetable.

(3)

If the Secretary of State has not given such a direction to the strategic

planning authority within the period of four weeks beginning with

the date when the timetable was sent to the Secretary of State, the

strategic planning authority may bring the timetable into effect.

(4)

A strategic planning authority to which a direction under subsection

(2) is given—

(a)

must submit a revised draft spatial development strategy

timetable to the Secretary of State within the period specified

in the direction, and

(b)

may bring the timetable into effect only when the Secretary of

State approves the timetable as revised in accordance with that

direction or any further direction under subsection (2) .

(5)

If a strategic planning authority—

(a)

does not comply with subsection (1) , or

(b)

does not comply with subsection (4) (a) ,

the Secretary of State may prepare a spatial development strategy

timetable and direct the strategic planning authority to bring it into

effect.

(6)

A direction under subsection (2) or (5) must contain the Secretary of

State’s reasons for giving it.

(7)

To bring a spatial development strategy timetable into effect, a strategic

planning authority must publish it, together with a statement that the

timetable has effect.

(8)

A strategic planning authority must comply with a spatial development

strategy timetable that has effect.

(9)

The Secretary of State may by regulations make provision as to when,

or the circumstances in which, a strategic planning authority must

revise a spatial development strategy timetable that has effect.

(10)

Regulations under subsection (9) —

(a)

may provide that revisions of a spatial development strategy

timetable must be approved by the Secretary of State;

(b)

may confer a power to direct that a timetable is to be revised

or that revisions require the approval of the Secretary of State.

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Preparation and adoption of spatial development strategy

12G

Preparation of draft spatial development strategy

(1)

A strategic planning authority must prepare a draft of its spatial

development strategy.

(2)

In doing so, a strategic planning authority must have regard to—

(a)

any strategy, plan or policy published by the strategic planning

authority that the strategic planning authority considers to be

relevant,

(b)

the effect which the proposed spatial development strategy

would have on each of the following—

(i)

the health of persons in the strategy area;

(ii)

health inequalities between persons living in the strategy

area;

(iii)

the achievement of sustainable development;

(c)

the need to ensure that the strategy is consistent with current

national policies;

(d)

any other prescribed matters.

(3)

In subsection (2) (a) , the reference to any strategy, plan or policy

published by a strategic planning authority includes a reference to

any strategy, plan or policy published by a constituent authority of a

strategic planning board.

12H

Consultation and representations

(1)

A strategic planning authority that has prepared a draft spatial

development strategy must—

(a)

publish the draft strategy on the authority’s website,

(b)

notify the persons specified in subsection (2) that the draft

strategy has been published on the authority’s website, and

(c)

make copies of the draft strategy available for inspection at the

authority’s principal office and at any other place that the

authority considers appropriate.

(2)

The persons referred to in subsection (1) (b) are—

(a)

the Secretary of State,

(b)

any county council for an area that is within, or any part of

which is within, the strategy area,

(c)

any district council for an area that is within the strategy area,

(d)

any county council or district council for an area that adjoins

the strategy area and is affected by the strategy,

(e)

any local planning authority for an area that is wholly or partly

within, or adjoins, the strategy area and is affected by the

strategy,

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(f)

the person responsible for preparing a spatial development

strategy for an area that adjoins the strategy area and is affected

by the strategy,

(g)

such other persons as may be prescribed, and

(h)

such other persons as the strategic planning authority considers

appropriate.

(3)

In exercising its discretion under subsection (2) (h) the strategic planning

authority must consider notifying (at least) the following about the

publication of the draft spatial development strategy—

(a)

voluntary bodies some or all of whose activities benefit the

whole or part of the strategy area,

(b)

bodies which represent the interests of different racial, ethnic

or national groups in the strategy area,

(c)

bodies which represent the interests of different religious

groups in the strategy area, and

(d)

bodies which represent the interests of different persons

carrying on business in the strategy area.

(4)

Where a strategic planning authority—

(a)

publishes a draft spatial development strategy as required by

subsection (1) (a) , or

(b)

makes such a strategy available for inspection as required by

subsection (1) (c) ,

the authority must also publish or make available a statement inviting

representations to be made to the authority about the strategy.

(5)

A notification of a person under subsection (1) (b) about a draft spatial

development strategy must include an invitation to the person to make

representations to the strategic planning authority about the strategy.

(6)

An invitation to a person under subsection (4) or (5) must explain the

effect of regulations under subsection (7) .

(7)

Representations must be made—

(a)

in the prescribed form and manner;

(b)

within the prescribed period.

(8)

In subsection (1) —

(a)

references to a strategic planning authority’s website include

references to the website of a constituent authority of a strategic

planning board;

(b)

the reference to a strategic planning authority’s principal office

includes a reference to the principal office of a constituent

authority of a strategic planning board.

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12I

Public examination

(1)

A strategic planning authority that has prepared a draft spatial

development strategy must, unless the Secretary of State otherwise

directs, make arrangements for an examination of the draft strategy

to be held in public.

(2)

Such an examination is to be conducted by a person appointed by the

Secretary of State (the “examiner”).

(3)

The matters examined at an examination are to be such matters

affecting the consideration of the spatial development strategy as the

examiner considers appropriate.

(4)

The following may take part in an examination—

(a)

the strategic planning authority that prepared the strategy, and

(b)

any person invited to do so by the examiner.

(5)

No person is to have a right to be heard at an examination.

(6)

On conclusion of the examination, the examiner must make a report

to the strategic planning authority that prepared the strategy.

(7)

The report may recommend that specified modifications are made to

the draft strategy before it is adopted.

(8)

The report may recommend that the draft strategy is withdrawn.

(9)

The strategic planning authority must publish the report.

12J

Withdrawal before adoption

(1)

A strategic planning authority may withdraw its draft spatial

development strategy at any time before arrangements are made for

its examination.

(2)

Subsection (3) applies at any time after arrangements have been made

for examination of a draft spatial development strategy (but before it

is adopted).

(3)

The strategic planning authority that prepared the draft strategy may

withdraw it only if—

(a)

the Secretary of State so directs, or

(b)

the examiner recommends that it is withdrawn, and the

Secretary of State has not directed that it is not to be

withdrawn.

(4)

The steps taken by a strategic planning authority to withdraw a draft

strategy must include—

(a)

deleting the strategy from the website on which it was

published;

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(b)

removing copies of the strategy that were made available for

inspection;

(c)

notifying the following that the strategy has been withdrawn—

(i)

each person to whom a notification under section

12H (1) (b) was required to be given;

(ii)

any person, not within sub-paragraph (i), who made

representations in accordance with regulations under

section 12H (7) .

12K

Submission to Secretary of State before adoption

(1)

This section applies where—

(a)

a draft spatial development strategy has been published under

section 12H ,

(b)

the prescribed period for the making of representations (see

section 12H (7) ) has elapsed,

(c)

either—

(i)

the strategic planning authority that prepared the draft

strategy has published the examiner’s report on it (see

section 12I (9) ), or

(ii)

no examination of the draft strategy is needed because

of a direction under section 12I (1) , and

(d)

the draft strategy has not been withdrawn (see section 12J ).

(2)

The strategic planning authority must—

(a)

consider any representations received in accordance with

regulations under section 12H (7) and decide whether to make

any modifications as a result,

(b)

if an examination was held, consider the examiner’s report and

decide whether to make any modifications that the examiner

recommends, and

(c)

consider whether to make any other modifications to take

account of—

(i)

any national development management policies so far

as material, or

(ii)

any other material considerations.

(3)

After such consideration and (if considered appropriate) modification,

the strategic planning authority must submit the draft spatial

development strategy to the Secretary of State, stating that the authority

intends to adopt it.

(4)

The strategic planning authority must inform the Secretary of State

of—

(a)

any modifications made to the published draft strategy, and

the reasons for making them;

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(b)

any modifications to the published draft strategy that the

examiner recommended but which the authority has not made,

and the reasons for not making them.

(5)

If the Secretary of State considers that a submitted spatial development

strategy is—

(a)

inconsistent with current national policies, or

(b)

detrimental to the interests of an area outside the strategy area,

the Secretary of State may, within the relevant period, direct the

strategic planning authority to make specified modifications of the

strategy in order to deal with the inconsistency or detriment.

(6)

In this section “the relevant period”, in relation to a spatial

development strategy, means—

(a)

the period of six weeks beginning with the date when the

strategy was submitted to the Secretary of State, or

(b)

such longer period as is specified by the Secretary of State in

a direction given within the period specified in paragraph (a)

to the authority that submitted the strategy.

12L

Adoption of spatial development strategy

(1)

A spatial development strategy must not be adopted by a strategic

planning authority unless it is in the form submitted to the Secretary

of State under section 12K , subject to any modifications directed to be

made under subsection (5) of that section.

(2)

A spatial development strategy must not be adopted by a strategic

planning authority unless—

(a)

the relevant period (as defined in section 12K (6) ) has elapsed,

(b)

the authority has complied with any requirement of regulations

under this Part for steps to be taken, or a period to elapse,

before a strategy may be adopted, and

(c)

if a direction was given to the authority under section 12K (5)

, the Secretary of State confirms that the Secretary of State is

content with the modified strategy.

(3)

A strategic planning authority must hold a vote on a resolution to

adopt its spatial development strategy as soon as reasonably practicable

after the conditions in subsection (2) are satisfied.

(4)

Subsection (5) applies in relation to the adoption of a spatial

development strategy by—

(a)

a mayoral combined authority, or

(b)

a mayoral combined county authority.

(5)

In the event of a tied vote on whether to pass a resolution to adopt

the strategy, the mayor of the authority has a casting vote (in addition

to any other vote the mayor may have).

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(6)

A strategic planning authority that has adopted a spatial development

strategy must publish the strategy together with a statement that it

has been adopted.

(7)

A spatial development strategy becomes operative when it is published.

Review, alteration and replacement of spatial development strategy

12M

Review and monitoring

(1)

This section applies in relation to an operative spatial development

strategy.

(2)

A strategic planning authority must keep under review the matters

which may be expected to affect the development of the strategy area

or the planning of its development or which are otherwise relevant

to the content of the strategy.

(3)

In exercising functions under subsection (2) , a strategic planning

authority must—

(a)

if the authority identifies matters to be kept under review that

relate to the area of a local planning authority that is outside

the strategy area, consult that local planning authority about

those matters;

(b)

if the authority identifies matters to be kept under review that

relate to the area of a person responsible for preparing a spatial

development strategy that is outside the strategy area, consult

that person about those matters.

(4)

A strategic planning authority must carry out a review of its spatial

development strategy from time to time.

(5)

The Secretary of State may direct a strategic planning authority to

review all or specified parts of its spatial development strategy.

(6)

A strategic planning authority must—

(a)

monitor the implementation of its spatial development strategy,

and

(b)

monitor, and collect information about, matters relevant to the

preparation, review, alteration, replacement or implementation

of the strategy.

(7)

The Secretary of State may make regulations imposing either or both

of the following duties on each strategic planning authority that has

an operative spatial development strategy—

(a)

a duty to make prescribed information relating to the

implementation of the authority’s strategy available to the

public in such form and manner as may be prescribed;

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(b)

a duty to provide prescribed information relating to the

implementation of the authority’s strategy to the Secretary of

State in such form and manner as may be prescribed.

12N

Alterations

(1)

This section applies in relation to an operative spatial development

strategy.

(2)

A strategic planning authority may at any time prepare alterations of

its strategy.

(3)

The Secretary of State may direct a strategic planning authority to

alter its spatial development strategy as specified in the direction.

(4)

The Secretary of State may by regulations make provision as to when,

or the circumstances in which, a strategic planning authority must

alter its spatial development strategy.

(5)

A spatial development strategy as altered must still conform to section

12D .

(6)

Sections 12G to 12L apply in relation to the preparation and adoption

of an alteration of a spatial development strategy as they apply in

relation to the preparation and adoption of a spatial development

strategy.

12O

Replacement

(1)

This section applies in relation to an operative spatial development

strategy.

(2)

A strategic planning authority may at any time prepare a new spatial

development strategy as a replacement.

(3)

The Secretary of State may direct a strategic planning authority to

replace its spatial development strategy.

(4)

The Secretary of State may by regulations make provision as to when,

or the circumstances in which, a strategic planning authority must

replace its spatial development strategy.

(5)

A strategic planning authority’s operative spatial development strategy

is revoked upon a new spatial development strategy being adopted

by the authority in accordance with this Part.

Secretary of State’s intervention powers in relation to spatial development strategy

12P

Powers where strategic planning authority is failing etc

(1)

This section applies if the Secretary of State considers that—

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(a)

a strategic planning authority is failing to do anything it is

necessary or expedient for it to do in connection with the

preparation, adoption, alteration, replacement or review of a

spatial development strategy,

(b)

a spatial development strategy is, is going to be or may be—

(i)

inconsistent with current national policies, or

(ii)

detrimental to the interests of an area outside the

strategy area, or

(c)

a proposed alteration of a spatial development strategy will,

or may, result in the strategy becoming—

(i)

inconsistent with current national policies, or

(ii)

detrimental to the interests of an area outside the

strategy area.

(2)

The Secretary of State may—

(a)

if the strategy is not operative, take over preparation of the

strategy from the strategic planning authority;

(b)

if the strategy is operative, alter the strategy;

(c)

give a direction to the strategic planning authority in relation

to the preparation, adoption, withdrawal, alteration,

replacement, review or revocation of the strategy.

(3)

The power of direction under subsection (2) (c) includes power to direct

a strategic planning authority—

(a)

to modify or withdraw its draft spatial development strategy;

(b)

to alter or revoke its (operative) spatial development strategy.

(4)

Subsections (5) to (12) apply if preparation of a spatial development

strategy is taken over under subsection (2) (a) .

(5)

The Secretary of State must publish a document setting out—

(a)

the timetable for preparing the strategy, and

(b)

details of any departures from any existing spatial development

strategy timetable.

(6)

The Secretary of State must (or, if an examination of the draft strategy

has already been held, may)—

(a)

make arrangements for an examination of the draft strategy to

be held in public, or

(b)

direct the strategic planning authority to make arrangements

for an examination of the draft strategy under section 12I .

(7)

Subsections (2) to (8) of section 12I apply in relation to an examination

held under subsection (6) (a) , reading references to the strategic

planning authority as references to the Secretary of State.

(8)

The Secretary of State must either—

(a)

publish the examiner’s report, or

(b)

direct the strategic planning authority to publish it.

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(9)

The Secretary of State may then—

(a)

approve the strategy,

(b)

modify the strategy and approve it with the modifications,

(c)

direct the strategic planning authority to consider adopting—

(i)

the strategy, or

(ii)

the strategy as modified by the Secretary of State, or

(d)

reject the strategy.

(10)

If the Secretary of State gives a direction under subsection (9) (c) , section

12L applies with the omission of subsections (1) and (2) of that section

(and as if the reference in subsection (3) of that section to the conditions

in subsection (2) being satisfied were a reference to the direction being

received).

(11)

If the Secretary of State approves a spatial development strategy under

subsection (9) (a) or (b) , the Secretary of State must either—

(a)

publish the strategy, or

(b)

direct the strategic planning authority to publish it.

(12)

The spatial development strategy becomes operative when it is

published.

(13)

Subsections (5) to (12) (and the provisions applied by them) apply in

relation to an alteration of a strategy under subsection (2) (b) as they

apply to a strategy prepared under subsection (2) (a) .

(14)

The Secretary of State must give reasons for—

(a)

whatever the Secretary of State does under subsection (2) ;

(b)

the decision made under subsection (9) .

(15)

In the exercise of any function under this section the Secretary of

State—

(a)

may take account of any matter that the Secretary of State

considers to be relevant (regardless of whether the matter was

taken account of by the strategic planning authority), and

(b)

must have regard to—

(i)

the spatial development strategy timetable, and

(ii)

the local plan timetable prepared by a local planning

authority for an area that is wholly or partly within the

strategy area.

(16)

In subsection (15) (b) (ii) “local plan timetable” is to be construed in

accordance with section 15B.

12Q

Power to approve strategy where adoption resolution not passed

(1)

This section applies in the event of a vote by a strategic planning

authority against passing a resolution to adopt a spatial development

strategy.

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(2)

The Secretary of State may, if the Secretary of State considers it

appropriate—

(a)

approve the strategy, or

(b)

modify the strategy and approve it with the modifications.

(3)

The powers in subsection (2) are exercisable—

(a)

on the Secretary of State’s own initiative, or

(b)

in the case of a strategy prepared by a mayoral combined

authority or a mayoral combined county authority, if the mayor

of the authority requests the Secretary of State to exercise those

powers.

(4)

The function of making a request as mentioned in subsection (3) (b) is

exercisable only by the mayor (and may not be the subject of

arrangements under section 107D(3) of the Local Democracy, Economic

Development and Construction Act 2009 or section 30(3) of the

Levelling-up and Regeneration Act 2023).

(5)

The Secretary of State must give reasons to the strategic planning

authority or (as the case may be) the mayor of the strategic planning

authority—

(a)

for anything the Secretary of State does under subsection (2)

, or

(b)

if the Secretary of State declines to approve the strategy, for

that decision.

(6)

If the Secretary of State approves a spatial development strategy under

subsection (2) the Secretary of State must either—

(a)

publish the strategy, or

(b)

direct the strategic planning authority to publish it.

(7)

The spatial development strategy becomes operative when it is

published.

(8)

In making a decision under this section the Secretary of State may

take account of any matter that the Secretary of State considers to be

relevant (regardless of whether the matter was taken account of by

the strategic planning authority).

12R

Liability for Secretary of State’s costs of intervention

(1)

The Secretary of State may require a strategic planning authority to

reimburse the Secretary of State for any expenditure incurred by the

Secretary of State in, or in connection with, exercising a function under

section 12P or 12Q in relation to the authority’s spatial development

strategy.

(2)

Where the strategic planning authority is a strategic planning board,

subsection (1) is to be read as giving power for the Secretary of State

to require reimbursement of such expenditure from the constituent

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authorities of the board in such proportions as the Secretary of State

considers just and reasonable.

12S

Temporary direction pending possible use of intervention powers

(1)

If the Secretary of State is considering whether to take action under

section 12P in relation to a spatial development strategy, the Secretary

of State may direct the strategic planning authority responsible for the

strategy not to take any step, or not to take a step specified in the

direction, in connection with the strategy—

(a)

until a time or event (if any) specified in the direction, or

(b)

until the direction is revoked.

(2)

A spatial development strategy to which such a direction relates is

not operative while the direction is in force.

(3)

A direction given under this section in relation to a strategy ceases to

have effect if the Secretary of State—

(a)

gives a direction under section 12P (2) (c) or (9) (c) in relation to

the strategy, or

(b)

approves the strategy under section 12P (9) (a) or (b) .

Supplementary

12T

Supplementary etc provision in connection with regulations about

strategic planning boards

(1)

The Secretary of State may by regulations make supplementary,

incidental, transitional, transitory or saving provision for the purposes

of strategic planning board regulations.

(2)

Where, immediately before strategic planning board regulations

establishing a strategic planning board come into force, a spatial

development strategy is operative in relation to the area of a principal

authority that is to be a constituent authority of the board, regulations

under subsection (1) may include provision for that strategy to be

treated, for the purposes of this Part or another enactment, as the

operative spatial development strategy of the strategic planning board.

(3)

Where a strategic planning board has an operative spatial development

strategy immediately before strategic planning board regulations that

revoke the regulations that established that board come into force,

regulations under subsection (1) may include provision for that strategy

to be treated, for the purposes of this Part or another enactment, as

the operative spatial development strategy of a prescribed principal

authority or authorities.

(4)

In this section “strategic planning board regulations” means regulations

under section 12B (2) .

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12U

Regulations

(1)

The Secretary of State may by regulations make provision in connection

with the exercise by any person of a function conferred by or under

this Part.

(2)

The regulations may (among other things) make provision as to—

(a)

the procedure to be followed in connection with the

preparation, adoption, publication, review, withdrawal,

alteration or replacement of a spatial development strategy or

in connection with a review under section 12M (2) ;

(b)

the remuneration and allowances payable to a person appointed

to conduct a public examination (under section 12I or as

mentioned in section 12P (6) (a) );

(c)

the supply of information or documents to the Secretary of

State by a strategic planning authority for the purposes of any

decision that the Secretary of State may make under this Part;

(d)

the determination of the time by or at which anything must

be done for the purposes of this Part;

(e)

the manner of publication of any document required to be

published under this Part;

(f)

the making of reasonable charges for the provision of copies

of documents required by or under this Part.

(3)

Regulations under this Part may make different provision for different

areas.

12V

Directions

(1)

A direction given to a strategic planning authority under this Part

may—

(a)

require the authority to do specified things by specified dates;

(b)

require the authority to keep the Secretary of State informed

at specified intervals of the progress being made towards doing

what the authority is directed to do.

(2)

A direction under this Part must be given in writing.

(3)

A direction under this Part may be varied or revoked by notice in

writing to the strategic planning authority to which it was given.

(4)

A direction under this Part must be published.

12W

Meaning of “spatial development strategy” etc

(1)

In this Part “spatial development strategy” means, as the context

requires—

(a)

a strategy adopted by a strategic planning authority under

section 12L ,

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(b)

a strategy approved by the Secretary of State under section

12P (9) (a) or (b) or 12Q (2) (a) or (b) , or

(c)

a strategy in preparation by a strategic planning authority in

accordance with this Part.

(2)

In sections 12B (4) (c) , 12C (6) (b) (iv) , 12H (2) (f) and 12M (3) (b) —

(a)

“spatial development strategy” includes—

(i)

the spatial development strategy for London,

(ii)

a spatial development strategy adopted by a combined

authority in accordance with regulations under section

105A of the Local Democracy, Economic Development

and Construction Act 2009, and

(iii)

a spatial development strategy adopted by a combined

county authority in accordance with regulations under

section 19 of the Levelling-up and Regeneration Act

2023; and

(b)

“person responsible for preparing a spatial development

strategy” is to be read accordingly.

(3)

For the purposes of sections 12M to 12O , a spatial development

strategy approved by the Secretary of State under a power specified

in subsection (1) (b) is to be regarded as the spatial development

strategy of the strategic planning authority in relation to which the

power is exercised.

12X

Interpretation

(1)

In this Part—

“combined authority” means a combined authority established

under section 103(1) of the Local Democracy, Economic

Development and Construction Act 2009;

“combined county authority” means a combined county authority

established under section 9(1) of the Levelling-up and

Regeneration Act 2023;

“constituent authority” , in relation to a strategic planning board,

is to be construed in accordance with section 12B ;

“examination” means an examination in public of a draft spatial

development strategy as set out in section 12I , and “examiner”

is to be construed accordingly;

“mayoral combined authority” has the meaning given by section

107A(8) of the Local Democracy, Economic Development and

Construction Act 2009;

“mayoral combined county authority” has the meaning given by

section 27(8) of the Levelling-up and Regeneration Act 2023;

“national development management policy” must be construed

in accordance with section 38ZA;

“principal authority” has the meaning given by section 12A (7) ;

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“spatial development strategy for London” means the strategy

adopted by the Mayor of London under Part 8 of the Greater

London Authority Act 1999;

“spatial development strategy timetable” has the meaning given

by section 12E ;

“strategic planning authority” has the meaning given by section

12A ;

“strategic planning board” has the meaning given by section 12B ;

“strategy area” has the meaning given by section 12A (4) ;

“unitary authority” means—

(a)

a county council for an area that does not include the

areas of district councils, or

(b)

a district council for an area that does not form part of

the area of a county council;

“upper-tier county council” means a county council for an area

that includes the areas of district councils.

(2)

In this Part—

(a)

“local planning authority” has the same meaning as in Part 2

(see section 15LF);

(b)

references to a local planning authority’s area are to the area

for which they are the local planning authority in accordance

with that Part.”

(2)

In section 334 of the Greater London Authority Act 1999—

(a)

in subsection (2A) (as inserted by section 95(2) of the Levelling-up

and Regeneration Act 2023) omit paragraph (b) (and the “and” at the

end of paragraph (a));

(b)

in subsection (2D) (also inserted by section 95(2) of that Act) omit

paragraph (b) (and the “but” at the end of paragraph (a)).

(3)

Schedule 3 makes minor and consequential amendments in connection with

subsection (1) .

(4)

The Secretary of State may by regulations by statutory instrument make

provision that is consequential on subsection (1) .

(5)

Regulations under subsection (4) may amend an Act passed before the end

of the session of Parliament in which this Act is passed.

(6)

Regulations under subsection (4) may include incidental, supplemental,

transitional and saving provision.

(7)

A statutory instrument containing (whether alone or with other provision)

regulations made in reliance on subsection (5) may not be made unless a draft

of the statutory instrument containing them has been laid before, and approved

by a resolution of, each House of Parliament.

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(8)

Any other statutory instrument containing regulations under subsection (4)

is subject to annulment in pursuance of a resolution of either House of

Parliament.

Part 3

Development and nature recovery

Overview

Overview of EDPs

(1)

An environmental delivery plan is a plan prepared by Natural England, and

made by the Secretary of State, that sets out, in relation to development to

which it applies—

(a)

the environmental features that are likely to be negatively affected by

the development,

(b)

the conservation measures that are to be taken by or on behalf of

Natural England in order to protect those environmental features,

(c)

the amount of the nature restoration levy payable by developers to

Natural England to cover the cost of those conservation measures (see

sections 56 and 66 to 75 ), and

(d)

the environmental obligations in relation to development that are

discharged, disapplied or otherwise modified if a developer pays the

nature restoration levy in relation to the development (see section 66

and Schedule 4 ).

(2)

In this Part —

(a)

sections 54 to 57 make provision about the required contents of an

environmental delivery plan;

(b)

sections 58 to 61 make provision about the procedure for making an

environmental delivery plan;

(c)

sections 62 to 65 make provision about reporting on, amending,

revoking and challenging an environmental delivery plan.

(3)

In this Part , an “EDP” means an environmental delivery plan.

Environmental delivery plans: content

Scope of an EDP: area, kind and volume of development and time period

(1)

An EDP must specify the development to which it applies by reference to—

(a)

the area in which the development may be undertaken (the

“development area”), and

(b)

the kind of development.

(2)

The development area must be an area in—

(a)

England, or

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(b)

the waters adjacent to England up to the seaward limits of the

territorial sea.

(3)

An EDP may—

(a)

provide that it does not apply to development in specified areas within

the development area, or

(b)

specify as the development area an area that is comprised of separate

parcels of land.

(4)

An EDP must—

(a)

include a map showing the boundaries of the development area, and

(b)

set out the reasons for its application to the development area and,

where relevant, the reasons for excluding any area under subsection

(3) (a) .

(5)

An EDP must specify the maximum amount of development to which it may

apply.

(6)

The maximum amount of development may be specified in any way that

Natural England considers appropriate, which may, for example, be by

reference to—

(a)

the area covered by the development,

(b)

measurements of floor space,

(c)

numbers of buildings or of units within buildings,

(d)

values or expected values, or

(e)

in the case of development that is a nationally significant infrastructure

project within the meaning of the Planning Act 2008 , any measurement

of the scale of the project that is used for the purposes of Part 3 of

that Act .

(7)

An EDP must specify—

(a)

the date on which it comes into force (the “EDP start date”), and

(b)

the date on which it expires (the “EDP end date”), which must be

before the end of the period of ten years beginning with the EDP start

date.

Environmental features, environmental impacts and conservation measures

(1)

An EDP must identify—

(a)

one or more environmental features which are likely to be negatively

affected by development to which the EDP applies, and

(b)

one or more ways in which that negative effect is likely to be caused

by the development (the “environmental impact”).

But an EDP need not identify all of the possible environmental impacts on

an environmental feature.

(2)

An environmental feature identified in an EDP may be—

(a)

a protected feature of a protected site, or

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(b)

a protected species.

(3)

An EDP must set out the measures (“conservation measures”) that are to be

taken by, or on behalf of, Natural England, under the EDP in order to—

(a)

address the environmental impact of development on the identified

environmental feature, and

(b)

contribute to an overall improvement in the conservation status of the

identified environmental feature (see also section 60 (3) ).

(4)

Where an identified environmental feature is a protected feature of a protected

site, the EDP may, if Natural England considers it appropriate, set out

conservation measures that do not directly address the environmental impact

of development on that feature at that site but instead seek to improve the

conservation status of the same feature elsewhere.

(5)

An EDP may include some conservation measures that are not expected to

be needed but which may be taken if the conservation measures that have

been implemented fail to address the environmental impact of development

or contribute to an overall improvement in the conservation status of an

identified environmental feature as anticipated.

(6)

An EDP must state—

(a)

how much the conservation measures are expected to cost, and

(b)

how the conservation measures are to be maintained,

over the period covered by the EDP or, if longer, the period for which the

conservation measures are likely to be required to address the environmental

impact of the development.

(7)

A conservation measure may take the form of a request, by Natural England,

that a condition of development be imposed (see section 88 ).

(8)

In this section, “the environmental impact of development” means the

environmental impact, as identified in the EDP, of the maximum amount of

development to which the EDP may apply, as specified in accordance with

section 54 (5) .

Nature restoration levy: charging schedules

(1)

An EDP must include one or more charging schedules which set out the rates

or other criteria by reference to which the amount of nature restoration levy

is to be determined for each kind of development to which the EDP applies.

(2)

Each charging schedule must relate to an environmental impact of

development on an identified environmental feature.

(3)

The rates or other criteria must be set in accordance with nature restoration

levy regulations (see sections 67 to 74 ).

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Other requirements for an EDP

(1)

An EDP must describe the conservation status of each identified environmental

feature as at the EDP start date.

(2)

An EDP must set out—

(a)

why the conservation measures are considered appropriate, and

(b)

what alternatives to the conservation measures were considered by

Natural England and why they were not included.

(3)

Where an EDP identifies a protected species as an environmental feature, the

EDP must set out the terms of the licence that will be treated as having been

granted under paragraph 4 , 5 or 6 of Schedule 4 .

(4)

An EDP must specify the terms that must be incorporated into a licence

under—

(a)

regulation 55 of the Habitats Regulations 2017,

(b)

section 16 of the Wildlife and Countryside Act 1981, or

(c)

section 10 of the Protection of Badgers Act 1992,

that may be granted to Natural England to facilitate the carrying out of any

conservation measures.

(5)

An EDP must list the strategies and plans to which Natural England had

regard in preparing the EDP (see section 58 (2) and (3) ).

(6)

An EDP must include an overview of any other measures (in addition to the

conservation measures set out in the EDP) that are being taken or are likely

to be taken by Natural England or another public authority with the aim of

improving the conservation status of each identified environmental feature.

(7)

An EDP must set out how Natural England will monitor the effects of the

EDP.

(8)

In deciding how the EDP should be monitored, Natural England must have

regard to guidance issued by the Secretary of State.

(9)

The Secretary of State may make regulations setting out further information

that must be included, or matters that must be dealt with, in an EDP.

Environmental delivery plans: procedure

Preparation of EDP by Natural England

(1)

When Natural England decides to prepare an EDP, it must—

(a)

notify the Secretary of State of that decision, and

(b)

publish the notification given to the Secretary of State.

(2)

In preparing an EDP, Natural England must have regard to—

(a)

the development plan for the development area,

(b)

the current environmental improvement plan,

(c)

any Environment Act strategies, and

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(d)

any other strategies or plans,

so far as Natural England considers them to be relevant.

(3)

In preparing an EDP that specifies as the development area an area that

includes waters adjacent to England (see section 54 (2) (b) ), Natural England

must also have regard to—

(a)

any marine plan,

(b)

the marine policy statement, and

(c)

the UK Marine Strategy,

so far as Natural England considers them to be relevant.

(4)

In subsections (2) and (3) —

“current environmental improvement plan” has the same meaning as in

Part 1 of the Environment Act 2021 (see section 8 of that Act);

“development plan” has the same meaning as in section 38 of the

Planning and Compulsory Purchase Act 2004;

“Environment Act strategy” means a strategy prepared under any of the

following provisions of the Environment Act 2021—

(a)

section 104 (local nature recovery strategies);

(b)

section 109 (species conservation strategies);

(c)

section 110 (protected site strategies);

“marine plan” has the meaning given in section 51(3) of the Marine and

Coastal Access Act 2009;

“marine policy statement” has the same meaning as in the Marine and

Coastal Access Act 2009 (see section 44 of that Act);

“the UK marine strategy” means the strategy developed under the Marine

Strategy Regulations 2010 (S.I. 2010/1627).

(5)

The Secretary of State may by regulations make provision about other things

that must be done by Natural England when preparing an EDP.

Consultation on draft EDP

(1)

After preparing a draft EDP, Natural England must publish the draft for

public consultation and seek the views of the following—

(a)

the Environment Agency,

(b)

the Joint Nature Conservation Committee,

(c)

any local planning authority for an area that is wholly or partly within

the development area,

(d)

any local highway authority for an area that is wholly or partly within

the development area,

(e)

any strategic highways company for an area that is wholly or partly

within the development area,

(f)

Network Rail Limited, if the development area includes all or part of

its network,

(g)

the Mayor of London, if all or part of the development area is in

Greater London,

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(h)

if the development area includes all or part of the area of a mayoral

combined authority, the mayor of the authority,

(i)

if the development area includes all or part of the area of a mayoral

combined county authority, the mayor of the authority,

(j)

the Marine Management Organisation, if all or part of the development

area is in the waters adjacent to England,

(k)

any other public authority Natural England considers should be

consulted, and

(l)

any other public authority specified in regulations made by the

Secretary of State.

(2)

The Secretary of State may by regulations require a public authority specified

in the regulations to respond to the consultation within the consultation

period.

(3)

Natural England need not have regard to any consultation responses received

after the end of the consultation period.

(4)

The consultation period is the period of 28 working days beginning with the

day on which the draft EDP is published for consultation, or such longer

period as is specified in regulations made by the Secretary of State.

(5)

If, after considering the responses to the consultation, Natural England amends

the draft EDP, it may (but is not obliged to) reconsult.

(6)

In this section—

“local highway authority” has the meaning given by section 329(1) of

the Highways Act 1980;

“mayoral combined authority” has the meaning given by section 107A(8)

of the Local Democracy, Economic Development and Construction

Act 2009;

“mayoral combined county authority” has the meaning given by section

27(8) of the Levelling-up and Regeneration Act 2023;

“network” has the meaning given by section 83(1) of the Railways Act

1993;

“strategic highways company” has the meaning given by section 329(1)

of the Highways Act 1980.

Making of EDP by Secretary of State

(1)

After complying with section 59 , Natural England may send a draft of the

EDP to the Secretary of State to be made.

(2)

When providing the Secretary of State with a draft EDP, Natural England

must also provide to the Secretary of State—

(a)

copies of all responses to the consultation, and

(b)

Natural England’s response to the consultation and details of any

further consultation.

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(3)

The Secretary of State may make the EDP only if the Secretary of State

considers that the EDP passes the overall improvement test.

(4)

An EDP passes the overall improvement test if, by the EDP end date, the

conservation measures are likely to be sufficient to outweigh the negative

effect of the EDP development on the conservation status of each identified

environmental feature.

(5)

In subsection (4) , “the negative effect of the EDP development” means the

effect, caused by the environmental impact, as identified in the EDP in

accordance with section 55 (1) (b) , of the maximum amount of development

to which the EDP may apply, as specified in accordance with section 54 (5) .

(6)

The Secretary of State may request further information from Natural England

in order to decide whether to make an EDP.

(7)

If the Secretary of State decides not to make an EDP, the Secretary of State

must publish a notice of the decision that sets out the reasons for the decision.

Publication of EDP

(1)

After the Secretary of State makes an EDP, the Secretary of State must—

(a)

publish the EDP, or

(b)

direct Natural England to publish it.

(2)

The EDP must be published before the end of the period of 28 days beginning

with the day on which the Secretary of State makes the EDP.

(3)

The EDP start date must not be before the date on which the EDP is published.

Environmental delivery plans: reporting, amendment, revocation and challenge

Reporting on an EDP

(1)

Natural England must publish—

(a)

a report on an EDP covering the period from the EDP start date to

the EDP midpoint, and

(b)

a report on an EDP covering the period from the EDP midpoint to

the EDP end date.

(2)

If an EDP is revoked (see section 64 )—

(a)

where the EDP is revoked before the EDP midpoint, Natural England

must publish a report covering the period beginning with the EDP

start date and ending with the revocation date (instead of publishing

the reports under subsection (1) );

(b)

where the EDP is revoked after the EDP midpoint, Natural England

must publish a report covering the period beginning with the EDP

midpoint and ending with the revocation date (instead of publishing

the report under subsection (1) (b) ).

(3)

Natural England may publish a report on an EDP at any other time.

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(4)

A report under subsection (1) or (2) must be published before the end of the

period of two months beginning with the day on which the period covered

by the report ends.

(5)

A report under subsection (1) or (2) must state—

(a)

how much of the maximum amount of development available under

the EDP (see section 54 (5) ) remains available;

(b)

the amounts of nature restoration levy received by Natural England

under the EDP;

(c)

whether the conservation measures have been implemented and if

not, why not;

(d)

whether the conservation measures are having, or have had, their

intended effect;

(e)

what the conservation measures are costing, and how this compares

with what they were expected to cost as set out in the EDP (see section

55 (6) );

(f)

whether the rates or other criteria set out in each charging schedule

have been amended or are expected to be amended;

(g)

whether anything else in the EDP has been amended or is expected

to be amended.

(6)

Natural England must have regard to guidance issued by the Secretary of

State about reports on an EDP.

(7)

In this section—

“the EDP midpoint” means the point in time that falls halfway between

the EDP start date and the EDP end date;

“the revocation date” means the date on which the EDP is revoked, as

set out in the notice under section 64 (5) .

Amendment of an EDP

(1)

The Secretary of State may amend an EDP—

(a)

on a request from Natural England, or

(b)

on the Secretary of State’s own initiative.

(2)

But an EDP may not be amended so that it no longer applies to development

in respect of which a developer has already committed to pay the nature

restoration levy under the EDP.

(3)

Where—

(a)

Natural England requests an amendment, other than an amendment

only to a charging schedule, or

(b)

the Secretary of State is minded to make such an amendment,

the Secretary of State may direct Natural England to consult on the EDP as

proposed to be amended.

(4)

Where the Secretary of State directs Natural England to consult, Natural

England must—

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(a)

follow the consultation procedure set out in section 59 , and

(b)

provide to the Secretary of State—

(i)

copies of all responses to the consultation, and

(ii)

Natural England’s response to the consultation and details of

any further consultation.

(5)

In deciding whether to make an amendment, the Secretary of State must

apply the overall improvement test to the EDP as proposed to be amended.

(6)

If the Secretary of State decides not to make an amendment when requested

to do so by Natural England, the Secretary of State must publish a notice of

the decision that sets out the reasons for the decision.

(7)

After the Secretary of State amends an EDP, the Secretary of State must—

(a)

publish the EDP as amended, or

(b)

direct Natural England to publish it.

(8)

The amended EDP must be published before the end of the period of 28 days

beginning with the day on which the Secretary of State makes the amendment.

(9)

The amendment must not come into effect before the date on which the

amended EDP is published.

(10)

Subsections (2) to (6) do not apply to an amendment that only corrects a

clerical or typographical error.

Revocation of an EDP

(c)

the extent to which the application complies with any standards

(1)

The Secretary of State may revoke an EDP—

(a)

on a request from Natural England, or

(b)

on the Secretary of State’s own initiative.

(2)

The Secretary of State must revoke an EDP if the Secretary of State no longer

considers that the EDP passes the overall improvement test, unless Natural

England has proposed amendments under section 63 which would, if made,

result in that test being passed.

(3)

If the Secretary of State decides not to revoke an EDP when requested to do

so by Natural England, the Secretary of State must publish a notice of the

decision that sets out the reasons for the decision.

(4)

The power to revoke an EDP includes a power—

(a)

to revoke different parts of the EDP at different times;

(b)

to revoke the EDP, or parts of the EDP, at different times in relation

to different developments.

(5)

Where the Secretary of State revokes an EDP, the Secretary of State must

publish a notice of revocation setting out—

(a)

the fact that the EDP has been revoked and the date of revocation (the

“EDP revocation date”),

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(b)

where only part of the EDP is revoked or different parts of the EDP

are revoked at different times or in relation to different developments,

details of how the revocation is to take effect, and

(c)

the reasons for the revocation.

(6)

Where the Secretary of State revokes an EDP, the Secretary of State must also

carry out such actions, for the purpose mentioned in subsection (7) , as the

Secretary of State considers appropriate.

(7)

The purpose is to seek to outweigh the negative effect on the conservation

status of each identified environmental feature that is (or is likely to be)

caused by the environmental impact (as identified in the EDP in accordance

with section 55 (1) (b) ) of any development in respect of which a developer

has already committed to pay the nature restoration levy.

(8)

The actions that the Secretary of State may carry out under subsection (6)

may include—

(a)

taking (or continuing to take) any conservation measures included in

the EDP, or directing another public authority to take (or continue to

take) such measures;

(b)

taking, or directing another public authority to take, any other

measures to improve the conservation status of the identified

environmental feature.

Challenging an EDP

(1)

A court may entertain proceedings for questioning an EDP or anything done,

or omitted to be done, by the Secretary of State or Natural England in the

course of preparing an EDP only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed during the period of six weeks beginning with

the day on which the EDP is published (see section 61 ).

(2)

A court may entertain proceedings for questioning a decision of the Secretary

of State not to make an EDP only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with the day on which the notice of the decision not to

make the EDP is published (see section 60 (7) ).

(3)

A court may entertain proceedings for questioning an amendment to an EDP

only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with the day on which the amended EDP is published (see

section 63 (8) ).

(4)

A court may entertain proceedings for questioning a decision of the Secretary

of State not to make an amendment to an EDP only if—

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(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with either—

(i)

in the case of a refusal to amend an EDP on the request of

Natural England, the day on which the notice of the decision

not to make the amendment is published (see section 63 (6) ),

(ii)

in any other case, the earlier of the day on which Secretary of

State publishes a notice of the decision not to amend the EDP

that sets out reasons for the decision and the day on which the

person bringing the proceedings had notice of that decision

and those reasons.

(5)

A court may entertain proceedings for questioning a revocation of an EDP

only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with the day on which the notice of revocation is published

(see section 64 (5) ).

(6)

A court may entertain proceedings for questioning a refusal by the Secretary

of State to revoke an EDP only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with either—

(i)

in the case of a refusal to revoke an EDP on the request of

Natural England, the day on which the notice of the decision

not to revoke the EDP is published (see section 64 (3) ), or

(ii)

in any other case, the earlier of the day on which Secretary of

State publishes a notice of the decision not to revoke the EDP

that sets out reasons for the decision and the day on which the

person bringing the proceedings had notice of that decision

and those reasons.

The nature restoration levy

Commitment to pay the nature restoration levy

(1)

A developer may, at any time before development commences, make a request

in writing to Natural England to pay the nature restoration levy in relation

to a development to which an EDP applies.

(2)

If Natural England accept the request, the developer is committed to pay the

nature restoration levy (see also section 68 (4) ).

(3)

Schedule 4 sets out how a commitment by a developer to pay the nature

restoration levy in relation to a development results in—

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(a)

an environmental impact of development on a protected feature of a

protected site being disregarded for the purposes of obligations under

the Habitats Regulations 2017, the Wildlife and Countryside Act 1981

or the Marine and Coastal Access Act 2009;

(b)

a developer being treated as having been granted a licence under

regulation 55 of the Habitats Regulations 2017, section 16 of the

Wildlife and Countryside Act 1981 or section 10 of the Protection of

Badgers Act 1992.

(4)

An EDP may provide, in relation to a kind of development and kind of

environmental impact on an identified environmental feature, that payment

of the levy is mandatory, and if it does so—

(a)

in a case where the feature is a protected feature of a European site

or a Ramsar site, the developer does not have the option of ensuring

that any actions relating to the development comply with Part 6 of

the Habitats Regulations instead of paying the levy;

(b)

in a case where the feature is a protected feature of an SSSI, the

developer does not have the option of—

(i)

getting Natural England’s consent under section 28E of the

Wildlife and Countryside Act 1981 for operations mentioned

in that section, to the extent that the operations have that kind

of environmental impact on the identified environmental

feature, or

(ii)

ensuring that any actions relating to the development comply

with section 28H or 28I of that Act,

instead of paying the levy;

(c)

in a case where the feature is a protected feature of a marine

conservation zone, the developer does not have the option of satisfying

the public authority determining an application relating to the

development of the matters mentioned in section 126(6) or (7) of the

Marine and Coastal Access Act 2009 instead of paying the levy;

(d)

in a case where the feature is a protected species, the developer does

not have the option of applying for a licence directly under regulation

55 of the Habitats Regulations 2017, section 16 of the Wildlife and

Countryside Act 1981 or section 10 of the Protection of Badgers Act

1992 (as the case may be) instead of paying the levy.

(5)

If an EDP makes provision as mentioned in subsection (4) , it must set out

the reasons why Natural England considers that to be necessary.

Regulations about the nature restoration levy

(1)

The Secretary of State may make regulations about the nature restoration levy

(“nature restoration levy regulations”).

(2)

In making the regulations, the Secretary of State must aim to ensure that the

overall purpose of the nature restoration levy is to ensure that costs incurred

in maintaining or improving the conservation status of environmental features

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can be funded (wholly or partly) by developers in a way that does not make

development economically unviable.

Liability to pay the levy

(1)

Nature restoration levy regulations may make provision about liability to pay

the nature restoration levy in relation to a development, including—

(a)

who is liable to pay the levy, and

(b)

when liability to pay arises.

(2)

The regulations may in particular include provision about the assumption of

liability to pay the levy, such as—

(a)

how and when a person may assume liability;

(b)

withdrawal of assumption of liability;

(c)

cancellation of assumption of liability by Natural England.

(3)

The regulations may also include provision—

(a)

imposing liability to pay the nature restoration levy in relation to a

development—

(i)

where no person has assumed liability,

(ii)

where an assumption of liability has been withdrawn or

cancelled, or

(iii)

in other specified circumstances (such as the insolvency or

withdrawal of a person who has assumed liability);

(b)

about joint, several and partial liability and the liability of partnerships;

(c)

about the apportionment of liability, which may—

(i)

include provision for referral to a specified person or body for

determination, and

(ii)

include provision for appeals;

(d)

about the transfer of liability.

(4)

The regulations may also make provision for Natural England to be permitted,

or required, to rescind its acceptance of a request by a developer to pay the

levy (see section 66 (1) ) in circumstances specified in the regulations, such that

the developer ceases to be committed to pay the nature restoration levy.

Amount of the levy

(1)

When considering the rates or other criteria to be set out in a charging

schedule (see section 56 (1) ) in the course of preparing an EDP, Natural

England must have regard, to the extent and in the manner specified by

nature restoration levy regulations, to—

(a)

the actual and expected costs of the conservation measures relating

to the environmental impact of development on the environmental

feature to which the charging schedule relates;

(b)

matters specified in the regulations relating to the economic viability

of development (which may include, in particular, actual or potential

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economic effects of the grant of a consent for development or the

imposition of the levy);

(c)

other actual or expected sources of funding for those conservation

measures.

(2)

Nature restoration levy regulations may make other provision about rates or

other criteria.

(3)

The regulations may, in particular, permit or require Natural England—

(a)

to have regard, to the extent and in the manner specified by the

regulations, to actual or expected administrative expenses in connection

with an EDP;

(b)

to have regard, to the extent and in the manner specified by the

regulations, to values used or documents produced for other statutory

purposes;

(c)

to integrate the process, to the extent and in the manner specified by

the regulations, with processes undertaken for other statutory purposes;

(d)

to produce charging schedules having effect in relation to specified

periods (subject to revision).

(4)

The regulations may permit or require charging schedules to adopt specified

methods of calculation.

(5)

In particular, the regulations may—

(a)

permit or require charging schedules to operate by reference to

descriptions or purposes of development;

(b)

permit or require charging schedules to operate by reference to any

measurement of the amount or nature of development (whether by

reference to measurements of floor space, to numbers or intended uses

of buildings or of units within buildings, to allocation of space within

buildings or units, to values or expected values or in any other way);

(c)

permit or require charging schedules to operate by reference to the

nature or existing use of the place where development is undertaken;

(d)

permit or require charging schedules to operate by reference to an

index used for determining a rate of inflation;

(e)

permit or require charging schedules to operate by reference to values

used or documents produced for other statutory purposes;

(f)

provide, or permit or require provision, for differential rates, which

may include provision for supplementary charges, a nil rate, increased

rates or reductions.

(6)

The regulations may require Natural England to provide in specified

circumstances an estimate of the amount of the nature restoration levy

chargeable in respect of development of land.

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Appeals

(1)

Nature restoration levy regulations must provide for a right of appeal on a

question of fact in relation to the calculation of the amount of the levy payable

by a developer.

(2)

Regulations under this section or section 68 (3) (c) (ii) may, in particular, make

provision about—

(a)

who may make an appeal,

(b)

the court, tribunal or other person who is to determine an appeal,

(c)

the period within which the right of appeal may be exercised,

(d)

the procedure on an appeal, and

(e)

the payment of fees, and award of costs, in relation to an appeal.

(3)

In any proceedings for judicial review of a decision on an appeal, the

defendant is to be such person as is specified in the regulations (and the

regulations may also specify a person who is not to be the defendant for these

purposes).

Use of nature restoration levy

(1)

Nature restoration levy regulations must require Natural England to spend

money received by virtue of the nature restoration levy on conservation

measures that relate to the environmental feature in relation to which the

levy is charged (see section 56 (2) ).

(2)

The regulations may specify—

(a)

conservation measures that may be, or may not be, funded by the

nature restoration levy;

(b)

maintenance and operational activities in connection with conservation

measures that may be, or may not be, funded by the levy;

(c)

what is to be, or not to be, treated as funding.

(3)

The regulations may—

(a)

require Natural England to prepare and publish a list of conservation

measures that are to be, or may be, wholly or partly funded by the

nature restoration levy;

(b)

include provision about the procedure to be followed in preparing a

list (which may include provision for consultation, for the appointment

of an independent person or a combination);

(c)

include provision about the circumstances in which Natural England

may and may not spend money received by virtue of the nature

restoration levy on anything not included on the list.

(4)

In making provision about funding, the regulations may, in particular—

(a)

permit money received by virtue of the nature restoration levy to be

used to reimburse expenditure already incurred;

(b)

permit such money to be reserved for expenditure that may be incurred

in the future;

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(c)

permit such money to be used (either generally or subject to limits set

by or determined in accordance with the regulations) for administrative

expenses in connection with an EDP;

(d)

make provision for funding to extend beyond the EDP end date;

(e)

make provision for the giving of loans, guarantees or indemnities;

(f)

make provision about the use of money received by virtue of the

nature restoration levy where anything for which it was to be used

no longer requires funding;

(g)

make provision about the use of money received by virtue of the

nature restoration levy in a case where the EDP under which the levy

was paid is revoked.

(5)

The regulations may—

(a)

require Natural England to account separately, and in accordance with

the regulations, for any money received or due by virtue of the nature

restoration levy;

(b)

require Natural England to monitor the use made and to be made of

such money;

(c)

require Natural England to report on actual or expected charging,

collection and use of money received by virtue of the nature restoration

levy;

(d)

permit or require Natural England to pass money to another public

authority (and in paragraphs (a) to (c) a reference to Natural England

includes a reference to a person to whom Natural England passes

money in reliance on this paragraph).

Collection of nature restoration levy

(1)

Nature restoration levy regulations must include provision about the collection

of the nature restoration levy.

(2)

The regulations may make provision for payment of the levy—

(a)

on account;

(b)

by instalments.

(3)

The regulations may make provision about refunds (with or without interest)

in cases of overpayment.

(4)

The regulations may make provision requiring, or deeming, the imposition

of conditions of development for the purpose of securing the collection of the

nature restoration levy (including conditions of development that require the

payment of the nature restoration levy before development begins or that

require development to cease where the nature restoration levy that is payable

has not been paid).

(5)

The regulations may make provision about the treatment of payments of the

nature restoration levy where there is a change to the development which

affects the basis on which the levy is charged (including provision for

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payments that have been made in relation to a development to discharge

liability for the nature restoration levy in respect of other development).

(6)

The regulations may make provision about payment in forms other than

money (such as making land available, carrying out works or providing

services).

(7)

The regulations may permit or require a public authority to collect any nature

restoration levy charged by Natural England; and section 71 (5) (a) and (c)

apply to a collecting authority in respect of collection as they apply to Natural

England.

(8)

Regulations under this section may—

(a)

replicate or apply (with or without modifications) any enactment

relating to the collection of a tax;

(b)

confer a discretion on Natural England or a collecting authority to

determine any matter.

Enforcement

(1)

Nature restoration levy regulations must include provision about enforcement

of the nature restoration levy.

(2)

The regulations must make provision about the consequences of late payment

and failure to pay.

(3)

The regulations may make provision about the consequences of failure to

assume liability, to give a notice or to comply with another procedure under

nature restoration levy regulations.

(4)

The regulations may, in particular, include provision—

(a)

for the payment of interest;

(b)

for the imposition of a penalty or surcharge;

(c)

conferring a power of entry onto land;

(d)

requiring the provision of information;

(e)

creating a criminal offence (including, in particular, an offence relating

to evasion or attempted evasion or to the provision of false or

misleading information or failure to provide information);

(f)

conferring power to prosecute an offence;

(g)

for enforcement of sums owed (whether by action on a debt, by

distraint against goods or in any other way);

(h)

conferring jurisdiction on a court to grant injunctive or other relief to

enforce a provision of the regulations (including a provision included

in reliance on this section);

(i)

for enforcement in the case of death or insolvency of a person liable

to pay the nature restoration levy.

(5)

Nature restoration levy regulations may include provision (whether or not

in the context of late payment or failure to pay) about registration or

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notification of actual or potential liability to pay the levy; and the regulations

may include provision—

(a)

for the creation of local land charges;

(b)

for the registration of local land charges;

(c)

for enforcement of local land charges (including, in particular, for

enforcement—

(i)

against successive owners, and

(ii)

by way of sale or other disposal with consent of a court);

(d)

for making entries in statutory registers;

(e)

for the cancellation of charges and entries.

(6)

Regulations under this section may—

(a)

replicate or apply (with or without modifications) any enactment

relating to the enforcement of a tax;

(b)

provide for appeals.

(7)

Regulations under this section may provide that any interest, penalty or

surcharge payable by virtue of the regulations is to be treated for the purposes

of sections 71 to 74 as if it were an amount of nature restoration levy.

(8)

Regulations providing for a surcharge or penalty must ensure that the total

amount of a surcharge or penalty in respect of an amount of nature restoration

levy may not exceed 30% of that amount.

(9)

But the regulations may provide for more than one surcharge or penalty to

be imposed in relation to a levy charge.

(10)

The regulations may not authorise entry to a private dwelling without a

warrant issued by a justice of the peace.

(11)

Regulations under this section creating a criminal offence may not provide

for—

(a)

imprisonment for a term exceeding the maximum term for summary

offences, on summary conviction for an offence triable summarily

only,

(b)

imprisonment for a term exceeding the general limit in a magistrates’

court, on summary conviction for an offence triable either way, or

(c)

imprisonment for a term exceeding 2 years, on conviction on

indictment.

(12)

In subsection (11) (a) , “the maximum term for summary offences” means—

(a)

in relation to an offence committed before the time when section 281(5)

of the Criminal Justice Act 2003 comes into force, 6 months;

(b)

in relation to an offence committed after that time, 51 weeks.

(13)

In this Part, a reference to administrative expenses in connection with an EDP

includes a reference to enforcement expenses.

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Compensation

(1)

Nature restoration levy regulations may require Natural England or another

public authority to pay compensation in respect of loss or damage suffered

as a result of enforcement action.

(2)

In this section, “enforcement action” means action taken under regulations

under section 73 .

(3)

The regulations may provide that compensation is not required to be paid—

(a)

to a person who has failed to satisfy a liability to pay the nature

restoration levy, or

(b)

in other circumstances specified by the regulations.

(4)

The regulations may make provision about—

(a)

the time and manner in which a claim for compensation is to be made,

and

(b)

the sums, or the method of determining the sums, payable by way of

compensation.

(5)

Nature restoration levy regulations may permit or require Natural England

to apply the nature restoration levy (either generally or subject to limits set

by or determined in accordance with the regulations) for expenditure incurred

under this section.

(6)

A dispute about compensation may be referred to and determined by the

Upper Tribunal.

(7)

In relation to the determination of any such question, the provisions of section

4 of the Land Compensation Act 1961 apply subject to any necessary

modifications and to the provisions of nature restoration levy regulations.

Guidance about the nature restoration levy

(1)

The Secretary of State may give guidance to Natural England or another

public authority about any matter connected with the nature restoration levy.

(2)

Natural England, or any other public authority to whom guidance is given,

must have regard to the guidance.

Powers and duties: Natural England etc

Administering and implementing EDPs

(1)

Natural England’s functions under this Part include—

(a)

administering EDPs;

(b)

taking conservation measures, and doing anything else that Natural

England considers necessary to implement EDPs.

(2)

In exercise of the function under subsection (1) (b) Natural England may,

among other things, develop land.

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(3)

Natural England may pay another person to take conservation measures.

Power to enter and survey or investigate land

(1)

A person authorised by Natural England may enter and survey or investigate

any land in connection with the exercise by Natural England of any function

conferred by or under this Part.

(2)

The power conferred by subsection (1) —

(a)

must be exercised at a reasonable hour;

(b)

may not be exercised in relation to a private dwelling.

(3)

A person authorised under subsection (1) may not demand admission as of

right to any land which is occupied unless notice in writing of the intended

entry has been given to the occupier as follows—

(a)

if the land is held by a statutory undertaker, the notice must be at

least 21 days;

(b)

in any other case, the notice must be at least 24 hours.

(4)

But notice under subsection (3) is not required to be given for second and

subsequent entries onto the same land to carry out the same kind of surveying

or investigating.

(5)

A person may not be authorised under subsection (1) to enter and survey or

value land in connection with a proposal by Natural England to acquire an

interest in or a right over land (but see section 172 of the Housing and

Planning Act 2016).

(6)

In this section, “statutory undertaker” means a person who is, or who is

deemed to be, a statutory undertaker for the purposes of any provision of

Part 11 of the Town and Country Planning Act 1990.

Warrant to enter and survey or investigate land

(1)

This section applies if a justice of the peace is satisfied, on an application by

an authorised person giving written information on oath—

(a)

that there are reasonable grounds for entering and surveying or

investigating any land except a private dwelling in connection with

the exercise by Natural England of any function conferred by or under

this Part, and

(b)

that—

(i)

an authorised person has given notice as set out in section 77 (3)

but has been denied admission to the land or received no reply

to a request for admission within a reasonable period,

(ii)

admission to the land is unlikely to be granted unless a warrant

is produced, or

(iii)

it is necessary to confer a power to use force (if necessary) to

achieve the purpose for which entry is sought.

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(2)

The justice of the peace may issue a warrant conferring a power on any

authorised person to enter and survey or investigate the land, if necessary

using reasonable force.

(3)

Subject to subsection (8) , a warrant may be executed in relation to land which

is occupied only if notice in writing of the intended entry has been given to

the occupier as follows—

(a)

if the land is held by a statutory undertaker, the notice must be at

least 21 days;

(b)

in any other case, the notice must be at least 24 hours.

(4)

That notice must—

(a)

be accompanied by a copy of the warrant, or

(b)

if no warrant has yet been issued, state that Natural England intends

to apply for a warrant.

(5)

A person executing or seeking to execute a warrant must produce a copy of

the warrant to the occupier of the land (if present).

(6)

A warrant must specify the number of occasions on which the warrant confers

power to enter and survey or investigate the land.

(7)

The number specified must be the number which the justice of the peace

considers appropriate to achieve the purpose for which the warrant is required.

(8)

Where a warrant authorises entry onto the same land on more than one

occasion, notice under subsection (3) is not required to be given for second

and subsequent entries to carry out the same kind of surveying or

investigating.

(9)

Execution of a warrant must be—

(a)

within the period of three months starting with the date of its issue;

(b)

at a reasonable hour.

(10)

A warrant under this section may not authorise a person to enter and survey

or value land in connection with a proposal by Natural England to acquire

an interest in or a right over land (but see section 172 of the Housing and

Planning Act 2016).

(11)

In this section—

“authorised person” means a person authorised by Natural England

under section 77 ;

“statutory undertaker” has the meaning given by that section.

Powers of entry: further provision

(1)

In this section and in sections 80 and 81 , “power of entry” means a power to

enter and survey or investigate land conferred by section 77 or by a warrant

under section 78 .

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(2)

An authorisation of a person by Natural England to exercise a power of entry

must be in writing.

(3)

When exercising or seeking to exercise a power of entry, a person must if

asked produce evidence of the person’s authority and state the purpose of

the intended entry.

(4)

A person exercising a power of entry may be accompanied by any person,

and bring anything, required for any purpose for which the power of entry

is being exercised.

(5)

If a person exercising a power of entry has reasonable cause to expect any

obstruction in exercising the power, the person may be accompanied by a

constable.

(6)

If in the exercise of a power of entry a person enters land which is unoccupied

or from which the occupier is absent, the person must leave it as effectively

secured against unauthorised entry as the person found it.

(7)

A person exercising a power of entry must not carry out any surveying or

investigating of a kind specified in subsection (8) unless details of what is

proposed were included in—

(a)

the notice under section 77 (3) or 78 (3) , or

(b)

if the land is unoccupied, a notice given to every owner of the land

that the person is able to identify after taking reasonable steps to do

so.

(8)

The kinds of surveying or investigating referred to in subsection (7) are—

(a)

carrying out an aerial survey;

(b)

leaving apparatus on the land in question;

(c)

taking samples of—

(i)

water,

(ii)

air,

(iii)

soil or rock,

(iv)

flora,

(v)

blood, tissue or other biological material of fauna (living or

dead), or

(vi)

any non-living thing present as a result of human action;

(d)

searching for flora or fauna;

(e)

carrying out exploratory works for purposes connected with the taking

of a conservation measure.

(9)

A written authorisation from the Secretary of State is required before a person

exercises a power of entry if—

(a)

the land in question is held by a statutory undertaker, and

(b)

the undertaker objects to anything proposed to be done in exercise of

the power of entry on the ground that doing it would be seriously

detrimental to the undertaker carrying on its undertaking.

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(10)

Any such objection must be in writing and must be provided to Natural

England within the period for which notice is given in relation to the intended

entry under section 77 (3) or 78 (3) .

(11)

In this section, “statutory undertaker” has the meaning given by section 77 .

Powers of entry: compensation

(1)

If damage is caused to land or other property in the exercise of a power of

entry, a person suffering the damage may recover compensation from Natural

England.

(2)

Notice required to be given under section 77 (3) , 78 (3) or 79 (7) (b) must include

a statement about the right to such compensation.

(3)

Any question of disputed compensation under subsection (1) is to be referred

to and determined by the Upper Tribunal.

(4)

Section 4 of the Land Compensation Act 1961 (costs) applies to the

determination of a question referred under subsection (3) as it applies to the

determination of a question under section 1 of that Act, but as if references

to the acquiring authority were references to Natural England.

Powers of entry: offences

(1)

A person who intentionally obstructs a person acting in exercise of a power

of entry commits an offence.

(2)

A person who commits an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(3)

A person commits an offence if the person discloses confidential information,

obtained in the exercise of a power of entry, for purposes other than those

for which the power was exercised.

(4)

A person who commits an offence under subsection (3) is liable—

(a)

on summary conviction, to a fine;

(b)

on conviction on indictment, to imprisonment for a term not exceeding

2 years or a fine, or both.

(5)

In subsection (3) “confidential information” means information—

(a)

which constitutes a trade secret, or

(b)

the disclosure of which would or would be likely to prejudice the

commercial interests of any person.

Revoked EDP: powers of Secretary of State etc to enter and survey or

investigate land

(1)

A person authorised by a relevant authority may enter and survey or

investigate any land for revoked EDP purposes.

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(2)

Subsection (3) applies if a justice of the peace is satisfied, on an application

by a person authorised by a relevant authority giving written information on

oath—

(a)

that there are reasonable grounds for entering and surveying or

investigating any land except a private dwelling for revoked EDP

purposes, and

(b)

that a condition specified in section 78 (1) (b) (i) , (ii) or (iii) is met

(reading the reference to an authorised person in subsection (1) (b) (i)

as a reference to a person authorised by the relevant authority).

(3)

The justice of the peace may issue a warrant conferring a power on any person

authorised by the relevant authority to enter and survey or investigate the

land, if necessary using reasonable force.

(4)

The following provisions apply in relation to the exercise of the powers

conferred by or under subsections (1) and (3) on a person authorised by the

relevant authority as they apply in relation to the exercise of the powers

conferred by or under sections 77 and 78 on a person authorised by Natural

England, reading references in the applied provisions to Natural England as

references to the relevant authority—

(a)

section 77 (2) to (6) (notice requirement etc);

(b)

section 78 (3) to (10) and the definition of “statutory undertaker” in

subsection (11) of that section (requirements for execution of warrant);

(c)

section 79 (1) to (8) (further provision about powers of entry);

(d)

section 80 (compensation);

(e)

section 81 (offences).

(5)

Subsections (9) to (11) of section 79 (land held by statutory undertakers) apply

in relation to the exercise of the powers conferred by or under subsections

(1) and (3) by a person authorised by an authority within subsection (7) (b)

as they apply in relation to the exercise of the powers conferred by or under

sections 77 and 78 on a person authorised by Natural England, reading the

reference in the applied provisions to Natural England as a reference to the

authority within subsection (7) (b) .

(6)

In this section “revoked EDP purposes” means purposes connected with—

(a)

the taking of a conservation measure included in a revoked EDP or a

revoked part of an EDP (see section 64 (6) and (8) (a) ), or

(b)

the taking of any other measure to improve the conservation status

of an environmental feature identified in a revoked EDP or a revoked

part of an EDP (see section 64 (6) and (8) (b) ).

(7)

In this section “relevant authority” means—

(a)

the Secretary of State, or

(b)

a public authority to which the Secretary of State has given a direction

under section 64 (8) (a) or (b) .

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Compulsory purchase powers: Natural England

(1)

Natural England may acquire land compulsorily if the Secretary of State

authorises it to do so.

(2)

The power under subsection (1) may be exercised in relation to land only if

Natural England requires the land for purposes connected with the taking of

a conservation measure.

(3)

The power under subsection (1) includes power to acquire new rights over

land.

(4)

Subsection (5) applies where—

(a)

land or new rights over land are being acquired compulsorily under

subsection (1) , and

(b)

any of the land which is being acquired, or over which new rights are

being acquired, is land which has been acquired by statutory

undertakers for the purposes of their undertaking.

(5)

The power under subsection (1) includes power to acquire land compulsorily

for giving in replacement for the land or (as the case may be) new rights

mentioned in subsection (4) (b) .

(6)

Subsection (7) applies where—

(a)

land or new rights over land are being acquired compulsorily under

subsection (1) , and

(b)

any of the land which is being acquired, or over which new rights are

being acquired, is or forms part of a common, open space or allotment.

(7)

The power under subsection (1) includes power to acquire land compulsorily

for giving in exchange for the land or (as the case may be) new rights

mentioned in subsection (6) (b) .

(8)

Schedule 5 makes further provision in relation to compulsory acquisition by

Natural England under this section.

(9)

In this section—

“allotment” means a fuel or field garden allotment;

“common” has the same meaning as in section 19 of the Acquisition of

Land Act 1981;

“open space” means any land which is—

(a)

laid out as a public garden,

(b)

used for the purposes of public recreation, or

(c)

a disused burial ground;

“statutory undertakers” has the same meaning as in section 16 of the

Acquisition of Land Act 1981.

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Compulsory purchase powers: Secretary of State

(1)

The Secretary of State may acquire land compulsorily if the Secretary of State

requires the land for revoked EDP purposes.

(2)

In subsection (1) “revoked EDP purposes” means purposes connected with

the taking by the Secretary of State or another public authority of—

(a)

a conservation measure included in a revoked EDP or a revoked part

of an EDP (see section 64 (6) and (8) (a) ), or

(b)

any other measure to improve the conservation status of an

environmental feature identified in a revoked EDP or a revoked part

of an EDP (see section 64 (6) and (8) (b) ).

(3)

The provisions of section 83 (3) to (9) and Schedule 5 apply in relation to (or

to matters connected with) the compulsory acquisition of land by the Secretary

of State under subsection (1) as they apply in relation to (or to matters

connected with) the compulsory acquisition of land by Natural England under

section 83 (1).

Annual reports

(1)

Natural England must publish a report for each financial year on the exercise

of its functions under this Part.

(2)

Each report must include—

(a)

a list of all EDPs in force, and details of the kinds of development and

environmental obligations covered by each one;

(b)

a list of EDPs being prepared, and details of the kinds of development

and environmental obligations proposed to be covered by each one;

(c)

details of any amendments to or revocations of EDPs since the previous

report;

(d)

an assessment of the effectiveness of each EDP that is in force;

(e)

a summary of Natural England’s accounts in respect of the financial

year in question relating to its functions under this Part, including

information about—

(i)

the total amounts received by Natural England by virtue of

the nature restoration levy in respect of that year, and

(ii)

the total amounts spent on conservation measures in respect

of that year.

(3)

Natural England must have regard to guidance issued by the Secretary of

State about the preparation of a report under this section.

(4)

Natural England must send a copy of a report under this section to the

Secretary of State, and publish the report, within such period as the Secretary

of State directs.

(5)

The Secretary of State must lay a copy of the report before Parliament.

(6)

In this section “financial year” means—

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(a)

the period beginning with the day on which this Part comes into force

and ending with the next 31 March, and

(b)

each subsequent period of 12 months ending with 31 March.

Power to designate another person to prepare EDPs etc

Power to designate person to exercise functions under this Part

(1)

The Secretary of State may by regulations designate another person to exercise

the functions of Natural England under this Part.

(2)

The regulations may make provision—

(a)

for a designated person to replace Natural England, or

(b)

for Natural England or a designated person to exercise functions under

this Part only in relation to an area or a kind of development specified

in the regulations.

(3)

The regulations may confer on a designated person such functions of Natural

England under Part 1 of the Natural Environment and Rural Communities

Act 2006 as the Secretary of State considers necessary to enable the designated

person to exercise the functions of Natural England under this Part.

(4)

The power to make regulations under subsection (1) includes a power to

make consequential amendments to an Act (including to this Act).

Transfer schemes in connection with regulations under

(1)

The Secretary of State may, in connection with regulations made under section

86 (1) , make one or more schemes for the transfer of property, rights and

liabilities (a “transfer scheme”) between—

(a)

Natural England and a designated person;

(b)

two or more designated persons.

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be transferred;

(b)

property acquired, and rights and liabilities arising, after the making

of the scheme;

(c)

criminal liabilities.

(3)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or rights

transferred;

(b)

make provision about the continuing effect of things done by, on

behalf of or in relation to the transferor in respect of anything

transferred;

(c)

make provision about the continuation of things (including legal

proceedings) in the process of being done by, on behalf of or in relation

to the transferor in respect of anything transferred;

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(d)

make provision for references to the transferor in an instrument or

other document in respect of anything transferred to be treated as

references to the transferee;

(e)

make provision for the shared ownership or use of property;

(f)

make provision which is the same as or similar to the TUPE

regulations;

(g)

make other consequential, supplementary, incidental or transitional

provision.

(4)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original scheme

came into effect.

(5)

For the purposes of this section—

(a)

references to rights and liabilities include rights and liabilities relating

to a contract of employment;

(b)

references to the transfer of property include the grant of a lease.

(6)

For the purposes of subsection (5) (a) —

(a)

an individual who holds employment in the civil service of the State

is to be treated as employed by virtue of a contract of employment,

and

(b)

the terms of the individual’s employment in the civil service of the

State are to be treated as constituting the terms of the contract of

employment.

(7)

In this section—

“designated person” means a person designated in regulations made

under section 86 (1) ;

“the TUPE regulations” means the Transfer of Undertakings (Protection

of Employment) Regulations 2006 (S.I. 2006/246).

Supplementary

Duty of co-operation

(1)

A public authority in England must co-operate with Natural England and

give it such reasonable assistance as it requests in connection with the

preparation or implementation of an EDP.

(2)

The things that a public authority may be required to do under the duty in

subsection (1) include, in particular—

(a)

the provision of information to Natural England;

(b)

the imposition or variation of a condition of development;

(c)

assistance with the implementation of conservation measures.

(3)

A public authority must have regard to any guidance given by the Secretary

of State about how the duty in subsection (1) is to be complied with.

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(4)

Subsection (1) does not apply to—

(a)

a court or tribunal,

(b)

either House of Parliament, or

(c)

a person exercising a parliamentary function.

(5)

The duty in subsection (1) does not operate to require a disclosure or use of

information that would contravene the data protection legislation (but in

determining whether a disclosure or use would do so, the duty is to be taken

into account).

(6)

In this section “data protection legislation” has the same meaning as in the

Data Protection Act 2018 (see section 3 of that Act).

Amendments relating to this Part

(1)

In Schedule 6 —

(a)

Part 1 amends the Habitats Regulations 2017 to provide that, for certain

purposes, Ramsar sites are treated in the same way as European sites;

(b)

Part 2 makes amendments related to, or consequential on, provision

made by this Part.

(2)

The Secretary of State may by regulations make amendments (including

amendments to an Act or to assimilated law) that are consequential on this

Part.

Regulations

(1)

Regulations under this Part are to be made by statutory instrument.

(2)

A statutory instrument containing—

(a)

nature restoration levy regulations,

(b)

regulations under section 86 (power to designate person to exercise

functions of Natural England), or

(c)

regulations under section 89 (2) (consequential amendments) which

amend an Act,

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(3)

Any other statutory instrument containing regulations under this Part is

subject to annulment in pursuance of a resolution of either House of

Parliament.

(4)

Regulations under this Part—

(a)

may make different provision for different purposes or areas;

(b)

may make transitional, transitory or saving provision;

(c)

may make incidental, supplementary or consequential provision.

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Application to the Crown

(1)

This Part binds the Crown, subject as follows.

(2)

Regulations under this Part may (but need not) make provision binding the

Crown; but—

(a)

no contravention of any provision of regulations under this Part is to

make the Crown criminally liable;

(b)

regulations under this Part may not confer a power of entry over

Crown land unless the regulations require a person who may exercise

such a power to obtain the permission of the appropriate authority

before the power is exercised.

(3)

Before implementing a conservation measure under an EDP that is to be taken

on or may otherwise affect Crown land, Natural England must obtain the

permission of the appropriate authority.

(4)

The power conferred by section 77 applies in relation to Crown land, but

only if the person seeking entry to the land has the permission of—

(a)

a person appearing to the person seeking entry to be entitled to give

it, or

(b)

the appropriate authority.

(5)

The power conferred by section 82 (1) applies in relation to Crown land, but,

except where subsection (6) applies, only if the person seeking entry to the

land has the permission of—

(a)

a person appearing to the person seeking entry to be entitled to give

it, or

(b)

the appropriate authority.

(6)

This subsection applies if—

(a)

the person seeking to exercise that power is a person authorised by

the Secretary of State, and

(b)

the appropriate authority is a government department or the Secretary

of State.

(7)

If the appropriate authority is the occupier of the land, section 77 (3) (notice

requirement) does not apply in relation to the exercise of the power conferred

by section 77 or 82 (1) .

(8)

The following provisions do not apply in relation to anything done by virtue

of subsection (4) or (5) —

(a)

section 79 (7) to (10) (further provision about powers of entry);

(b)

section 81 (offences).

(9)

Sections 83 and 84 (powers to acquire land compulsorily) do not apply in

relation to Crown land.

(10)

In this section, “Crown land” and “the appropriate authority” have the same

meanings as in Part 13 of the Town and Country Planning Act 1990 (see

section 293 of that Act).

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Interpretation

In this Part —

“condition of development” means—

(a)

a condition, limitation or other restriction that may be imposed

on a grant of planning permission under Part 3 of the Town

and Country Planning Act 1990 ,

(b)

a requirement that may be included in an order granting

development consent under the Planning Act 2008 (see section

120(1) and (2) of that Act),

(c)

a condition that may be attached to the grant of listed building

consent under the Planning (Listed Buildings and Conservation

Areas) Act 1990 ,

(d)

a condition that may be attached to a marine licence under

section 71(1)(b) of the Marine and Coastal Access Act 2009, or

(e)

a condition that may be attached to a harbour revision order

under section 14 of the Harbours Act 1964 or a harbour

empowerment order under section 16 of that Act;

“conservation measure” has the meaning given in section 55 (3) ;

“development” has the same meaning as in the Town and Country

Planning Act 1990 (see section 55 of that Act), but also includes—

(a)

development within the meaning of the Planning Act 2008 (see

section 32 of that Act),

(b)

works required to be authorised under section 8 of the Planning

(Listed Buildings and Conservation Areas) Act 1990 , and

(c)

licensable marine activities, within the meaning of Part 4 of

the Marine and Coastal Access Act 2009 (see section 66 of that

Act);

“development area” has the meaning given in section 54 (1) ;

“EDP” means an environmental delivery plan;

“EDP start date” and “EDP end date” have the meanings given in section

54 (7) ;

“environmental delivery plan” has the meaning given in section 53 (1) ;

“environmental impact” has the meaning given in section 55 (1) ;

“European site” has the same meaning as in the Habitats Regulations

2017 (see regulation 8);

“the Habitats Regulations 2017” means the Conservation of Habitats and

Species Regulations 2017 (S.I. 2017/1012);

“identified environmental feature” means an environmental feature

identified in an EDP in accordance with section 55 (1) ;

“local planning authority” has the same meaning as in the Town and

Country Planning Act 1990 (see Part 1 of that Act);

“marine conservation zone” means an area designated as such under

section 116 of the Marine and Coastal Access Act 2009;

“nature restoration levy regulations” has the meaning given in section

67 ;

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“overall improvement test” means the test set out in section 60 (4) ;

“protected site” means—

(a)

a European site,

(b)

an SSSI,

(c)

a Ramsar site, or

(d)

a marine conservation zone,

and “protected feature”, in relation to a protected site, means any

habitat or species, or assemblage of habitats or species, or any feature

of geological, geomorphological or physiographical interest by reason

of which the site is a protected site;

“protected species” means a species of animal or plant that is—

(a)

listed in Schedule 2 , 4 or 5 of the Habitats Regulations 2017

, or

(b)

protected by—

(i)

Part 1 of the Wildlife and Countryside Act 1981 , or

(ii)

the Protection of Badgers Act 1992 ;

“public authority” means a person who exercises functions of a public

nature;

“Ramsar Convention” means the Convention on Wetlands of International

Importance especially as Waterfowl Habitat signed at Ramsar on 2

February 1971, as amended by—

(a)

the Protocol known as the Paris Protocol done at Paris on 3

December 1982, and

(b)

the amendments known as the Regina Amendments adopted

at the Extraordinary Conference of the Contracting Parties held

at Regina, Saskatchewan, Canada, between 28 May and 3 June

1987;

but if that Convention is further amended after the passing of this

Act, the references to the Ramsar Convention in this Part are to be

taken after the entry into force of the further amendments as referring

to that Convention as further amended (and the reference to paragraph

1 of article 2 is, if necessary, to be taken as referring to the appropriate

successor provision);

“Ramsar site” means a site that has been designated under paragraph 1

of article 2 of the Ramsar Convention for inclusion in the list of

wetlands of international importance referred to in that article ;

“SSSI” means a site of special scientific interest within the meaning of

Part 2 of the Wildlife and Countryside Act 1981 ;

“working day” means any day other than—

(a)

Saturday or Sunday,

(b)

Christmas Day or Good Friday, or

(c)

a day which is a bank holiday in England and Wales under

the Banking and Financial Dealings Act 1971.

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Part 4

Development corporations

Areas for development and remit

(1)

The New Towns Act 1981 is amended as set out in subsections (2) and (3) .

(2)

In section 1 (designation of areas), for subsection (3) substitute—

“(3)

An order under this section—

(a)

may include in the area designated as the site of the proposed

new town any existing town or other centre of population;

(b)

may, in relation to a proposed new town in England—

(i)

designate separate parcels of land as the area for the

site of the proposed new town;

(ii)

designate an area of land which is adjacent to an

existing town or other centre of population so that the

area is developed as an urban extension rather than as

a wholly new town;

and references in this Act to a new town or proposed new town are

to be construed accordingly.”

(3)

In section 3 (establishment of development corporations for new towns), after

subsection (1) insert—

“(1A)

A single development corporation may be established for the purposes

of the development of more than one new town in England if the

Secretary of State considers that having a single development

corporation would facilitate efficient development.”

(4)

The Local Government, Planning and Land Act 1980 is amended as set out

in subsections (5) and (6) .

(5)

In section 134 (urban development areas), after subsection (1B) insert—

“(1C)

An area of land designated as an urban development area in England

must include, but need not wholly consist of, an area in an existing

town or centre of population.”

(6)

In section 171 (interpretation of Part 16)—

(a)

the existing text becomes subsection (1);

(b)

after that subsection insert—

“(2)

In this Part as it applies in relation to England, references to

the regeneration of an area are to be read as references to the

regeneration or development of the area.”

(7)

In section 201 of the Localism Act 2011 (objects and powers of Mayoral

development corporations), in subsection (1) after “regeneration” insert “or

development”.

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Duties to have regard to sustainable development and climate change

(1)

In section 4 of the New Towns Act 1981 (objects and general powers of

development corporations), in subsection (1A) , for “the achievement of

sustainable development” substitute “—

“(a)

the achievement of sustainable development, and

(b)

the mitigation of, and adaptation to, climate change.”

(2)

In section 136 of the Local Government, Planning and Land Act 1980 (objects

and general powers of urban development corporations), after subsection (1)

insert—

“(1A)

In pursuing that object, an urban development corporation that is

established for the purposes of regenerating or developing an urban

development area in England must aim to contribute to—

(a)

the achievement of sustainable development, and

(b)

the mitigation of, and adaptation to, climate change.

(1B)

For the purposes of subsection (1A) an urban development corporation

must (in particular) have regard to the desirability of good design.”

(3)

In section 201 of the Localism Act 2011 (objects and powers of Mayoral

development corporations), after subsection (1) insert—

“(1A)

In pursuing that object, an MDC must aim to contribute to—

(a)

the achievement of sustainable development, and

(b)

the mitigation of, and adaptation to, climate change.

(1B)

For the purposes of subsection (1A), an MDC must (in particular) have

regard to the desirability of good design.”

Powers in relation to infrastructure

(1)

The New Towns Act 1981 is amended as set out in subsections (2) to (5) .

(2)

In section 4 (objects and general powers of development corporations)—

(a)

after subsection (1B) insert—

“(1C)

To secure such laying out and development every development

corporation established for the purposes of a new town in

England has the power (subject to section 5)—

(a)

to acquire, hold, manage and dispose of land and other

property,

(b)

to carry out building and other operations,

(c)

to carry on any business or undertaking in or for the

purposes of the new town,

and generally to do anything necessary or expedient for the

purposes or incidental purposes of the new town. (See also

section 4A (powers in relation to infrastructure).)”;

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(b)

in subsection (2) , in the words before paragraph (a) , after “corporation”

insert “established for the purposes of a new town in Wales”;

(c)

in subsection (3) —

(i)

in the words before paragraph (a), for “subsection (2)” substitute

“subsections (1C) and (2)”;

(ii)

in paragraph (a), for “that subsection” substitute “those

subsections”;

(iii)

in paragraph (b), for “that subsection” substitute “those

subsections”;

(d)

in subsection (5)(b), after “subsection” insert “(1C) or”.

(3)

After section 4 insert—

“4A

Powers in relation to infrastructure: England

(1)

A development corporation established for the purposes of a new

town in England may, to secure the laying out and development

referred to in section 4(1), provide or facilitate the provision of

infrastructure.

(2)

In this section “provide” includes provide by way of acquisition,

construction, conversion, improvement or repair (and “provision” is

to be read in the same way).

(3)

In this section “infrastructure” means—

(a)

water, electricity, gas, telecommunications, sewerage or other

services, including heat networks,

(b)

roads or other transport facilities,

(c)

retail or other business facilities,

(d)

health, educational, employment or training facilities,

(e)

social, religious or recreational facilities,

(f)

cremation or burial facilities, and

(g)

community facilities not falling within paragraphs (a) to (f).

(4)

Section 4(5) applies in relation to subsection (1) as it applies in relation

to section 4(2).”

(4)

In section 5 (restriction on powers of development corporations), in subsection

(5) —

(a)

in paragraph (a), after “services” insert “or heat networks”;

(b)

in paragraph (b) , at the beginning insert “in the case of a development

corporation established for the purposes of a new town in Wales,”;

(c)

in the words after paragraph (b) , after “undertaking” insert “in Wales”.

(5)

In section 80(1) (defined terms), at the appropriate place insert—

““heat networks” has the meaning given by section 216 of the Energy Act

2023 ;”.

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(6)

The Local Government, Planning and Land Act 1980 is amended as set out

in subsections (7) to (9) .

(7)

In section 136 (objects and general powers)—

(a)

after subsection (2) insert—

“(2A)

Subject to sections 137 and 138, for the purpose of achieving

the object an urban development corporation established for

the purposes of an urban development area in England may—

(a)

acquire, hold, manage, reclaim and dispose of land and

other property;

(b)

carry out building and other operations;

(c)

carry on any business or undertaking for the purposes

of the object; and

(d)

generally do anything necessary or expedient for the

purposes of the object or for purposes incidental to

those purposes.

(See also section 136A (powers in relation to infrastructure).)

(2B)

But nothing in this Part authorises an urban development

corporation established for the purposes of an urban

development area in England to carry on any business or

undertaking for—

(a)

the supply of water, electricity or gas, or

(b)

the provision of sewerage services or heat networks.”;

(b)

in subsection (3) , in the words before paragraph (a) , after “corporation”

insert “established for the purposes of an urban development area in

Wales”;

(c)

in subsection (4) , for after “subsection” insert “(2A) or”;

(d)

in subsection (7) , for “subsection (3)” substitute “subsection (2A) or

(3)”.

(8)

After section 136 insert—

“136A

Powers in relation to infrastructure: England

(1)

An urban development corporation established for the purposes of an

urban development area in England may, for the purpose of achieving

the object in section 136(1), provide or facilitate the provision of

infrastructure.

(2)

In this section “provide” includes provide by way of acquisition,

construction, conversion, improvement or repair (and “provision” is

to be read in the same way).

(3)

In this section “infrastructure” means—

(a)

water, electricity, gas, telecommunications, sewerage or other

services, including heat networks,

(b)

roads or other transport facilities,

(c)

retail or other business facilities,

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(d)

health, educational, employment or training facilities,

(e)

social, religious or recreational facilities,

(f)

cremation or burial facilities, and

(g)

community facilities not falling within paragraphs (a) to (f).

(4)

Section 136(7) applies in relation to subsection (1) as it applies in

relation to section 136(3).”

(9)

In section 171 (interpretation), at the appropriate place insert—

““heat networks” has the meaning given by section 216 of the Energy Act

2023 ;”.

(10)

The Localism Act 2011 is amended as follows.

(11)

In section 205 (4) (powers of Mayoral development corporations in relation to

infrastructure), at the end of paragraph (a) insert “including heat networks

within the meaning of section 216 of the Energy Act 2023 ,”.

(12)

In section 212 (power of Mayoral development corporations to carry on

businesses or undertakings)—

(a)

after subsection (1) insert—

“(1A)

This section does not authorise an MDC to carry on a business

for—

(a)

the supply of water, electricity or gas, or

(b)

the provision of sewerage services or heat networks.”;

(b)

after subsection (6) insert—

“(7)

In this section “heat networks” has the meaning given by

section 216 of the Energy Act 2023 .”

Exercise of transport functions

(1)

In the New Towns Act 1981, after section 9 insert—

“Transport functions relating to new towns in England

Exercise of transport functions

(1)

A relevant transport authority must—

(a)

have regard to any plans published or shared with the authority

by an English new town development corporation that may

be relevant to the exercise of the authority’s functions, and

(b)

co-operate with an English new town development corporation

in the development and implementation of the corporation’s

plans.

(2)

If the Secretary of State considers that a relevant transport authority

has failed to comply with the duty in subsection (1), the Secretary of

State may direct the authority to exercise its functions in such a way

as to comply with that duty.

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(3)

If a relevant transport authority fails to comply with a direction under

subsection (2), the Secretary of State may by regulations provide for

any function of the transport authority that has an effect on the area

of the new town for which the development corporation was

established to be exercisable by the development corporation.

(4)

Regulations under subsection (3) may make provision for the function

to be exercisable by the development corporation either generally or

subject to such conditions or limitations as may be specified in the

regulations.

(5)

Regulations under subsection (3) may make provision for the function

to be exercisable by the development corporation—

(a)

instead of by the relevant transport authority,

(b)

concurrently with the relevant transport authority, or

(c)

jointly with the relevant transport authority.

(6)

Regulations under subsection (3) may—

(a)

make different provision for different purposes;

(b)

include consequential, supplementary, incidental, transitional

or saving provision.

(7)

In this section—

“English new town development corporation” means a new town

development corporation established for the purposes of a new

town in England;

“relevant transport authority” means any of the following for an

area in England—

(a)

a local transport authority within the meaning of Part

2 of the Transport Act 2000 (see section 108(4) of that

Act),

(b)

a local highway authority within the meaning of the

Highways Act 1980 (see section 329 of that Act), or

(c)

a local traffic authority within the meaning of the Road

Traffic Regulation Act 1984 (see section 121A(5) of that

Act).

Transfer schemes in connection with regulations under section

(1)

The Secretary of State may, in connection with regulations under

section 9A (3) , make one or more schemes for the transfer of property,

rights and liabilities between the corporation and the relevant transport

authority to which the regulations relate.

Such a scheme is referred to in this section as a “transfer scheme”.

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be

transferred, and

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(b)

property acquired, and rights and liabilities arising, after the

making of the scheme.

(3)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or

rights transferred;

(b)

make provision about the continuing effect of things done by,

on behalf of or in relation to the transferor in respect of

anything transferred;

(c)

make provision about the continuation of things (including

legal proceedings) in the process of being done by, on behalf

of or in relation to the transferor in respect of anything

transferred;

(d)

make provision for references to the transferor in an instrument

or other document in respect of anything transferred to be

treated as references to the new regulator;

(e)

make provision for the shared ownership or use of property;

(f)

make provision which is the same as or similar to the TUPE

regulations;

(g)

make other consequential, supplementary, incidental or

transitional provision.

(4)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original

scheme came into effect.

(5)

In subsection (3) (f) , “the TUPE regulations” means the Transfer of

Undertakings (Protection of Employment) Regulations 2006 (S.I.

2006/246).

(6)

For the purposes of this section—

(a)

references to rights and liabilities include rights and liabilities

relating to a contract of employment;

(b)

references to the transfer of property include the grant of a

lease.

(2)

In the Local Government, Planning and Land Act 1980, after section 140

insert—

“Transport functions relating to urban development areas in England

140A

Exercise of transport functions

(1)

A relevant transport authority must—

(a)

have regard to any plans published or shared with the authority

by an English urban development corporation that may be

relevant to the exercise of the authority’s functions, and

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(b)

co-operate with an English urban development corporation in

the development and implementation of the corporation’s plans.

(2)

If the Secretary of State considers that a relevant transport authority

has failed to comply with the duty in subsection (1), the Secretary of

State may direct the authority to exercise its functions in such a way

as to comply with that duty.

(3)

If a relevant transport authority fails to comply with a direction under

subsection (2), the Secretary of State may by regulations provide for

any function of the transport authority that has an effect on the urban

development area for which the urban development corporation was

established to be exercisable by the development corporation.

(4)

Regulations under subsection (3) may make provision for the function

to be exercisable by the development corporation either generally or

subject to such conditions or limitations as may be specified in the

regulations.

(5)

Regulations under subsection (3) may make provision for the function

to be exercisable by the development corporation—

(a)

instead of by the relevant transport authority,

(b)

concurrently with the relevant transport authority, or

(c)

jointly with the relevant transport authority.

(6)

Regulations under subsection (3) —

(a)

are to be made by statutory instrument;

(b)

may make different provision for different purposes;

(c)

may include consequential, supplementary, incidental,

transitional or saving provision.

(7)

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.

(8)

In this section—

“English urban development corporation” means an urban

development corporation established for the purposes of an

urban development area in England;

“relevant transport authority” means any of the following for an

area in England—

(a)

a local transport authority within the meaning of Part

2 of the Transport Act 2000 (see section 108(4) of that

Act),

(b)

a local highway authority within the meaning of the

Highways Act 1980 (see section 329 of that Act), or

(c)

a local traffic authority within the meaning of the Road

Traffic Regulation Act 1984 (see section 121A(5) of that

Act).

Page 130

140B

Transfer schemes in connection with regulations under section

(1)

The Secretary of State may, in connection with regulations under

section 140A (3) , make one or more schemes for the transfer of property,

rights and liabilities between the corporation and the relevant transport

authority to which the regulations relate.

Such a scheme is referred to in this section as a “transfer scheme”.

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be

transferred, and

(b)

property acquired, and rights and liabilities arising, after the

making of the scheme.

(3)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or

rights transferred;

(b)

make provision about the continuing effect of things done by,

on behalf of or in relation to the transferor in respect of

anything transferred;

(c)

make provision about the continuation of things (including

legal proceedings) in the process of being done by, on behalf

of or in relation to the transferor in respect of anything

transferred;

(d)

make provision for references to the transferor in an instrument

or other document in respect of anything transferred to be

treated as references to the new regulator;

(e)

make provision for the shared ownership or use of property;

(f)

make provision which is the same as or similar to the TUPE

regulations;

(g)

make other consequential, supplementary, incidental or

transitional provision.

(4)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original

scheme came into effect.

(5)

In subsection (3) (f) , “the TUPE regulations” means the Transfer of

Undertakings (Protection of Employment) Regulations 2006 (S.I.

2006/246).

(6)

For the purposes of this section—

(a)

references to rights and liabilities include rights and liabilities

relating to a contract of employment;

(b)

references to the transfer of property include the grant of a

lease.”

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Part 5

Compulsory purchase

Electronic service etc

(1)

In section 6 of the Acquisition of Land Act 1981 (service of documents), at

the end insert—

“(5)

Any notice or other document required or authorised to be served on

a person under this Act may be served by sending it to an email

address or uploading it to a website at which the person has agreed

in writing to receive notices or documents for the purposes of the

compulsory purchase order to which the notice or document relates.

(6)

Any notice or other document required or authorised to be served

under this Act on—

(a)

an acquiring authority,

(b)

a confirming authority,

(c)

an inspector,

(d)

a local authority, or

(e)

a statutory undertaker,

may also be served electronically by a method mentioned in subsection

(7) .

(7)

The methods of electronic service are—

(a)

sending the notice or document to an appropriate email

address, or

(b)

uploading the notice or document to an appropriate website.

(8)

For the purposes of subsection (7) —

(a)

an email address or website is an appropriate one for the

service of notices or documents if the person being served

has—

(i)

provided the email address or details of the website to

the sender for the purposes of communicating with

them about land subject to the compulsory purchase

order or about the order itself, or

(ii)

published the fact that the email address or the website

may be used for those purposes;

(b)

an email address is also an appropriate one for the service of

notices or documents if the person being served has previously

used it for the purposes of communicating with the sender

about land subject to the compulsory purchase order or about

the order itself.

(9)

A notice or other document sent electronically is, unless the contrary

is proved, to be treated as having been received on the working day

immediately following the day on which it was sent.

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(10)

In this section—

“inspector” means a person appointed under section 14D;

“local authority” means a local authority within the meaning of

section 7(1) or section 17(4);

“statutory undertaker” includes the persons mentioned in section

16(3) and in the definition of statutory undertaker in section

17(4);

“working day” means a day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a bank holiday under the

Banking and Financial Dealings Act 1971 in England and Wales.

(11)

This section does not apply to a communication required or authorised

to be sent under this Act to the High Court.”

(2)

In section 38 of the Land Compensation Act 1961 (service of notices), at the

end insert—

“(3)

Any communication required or authorised to be sent to a person

under this Act may be sent to an email address or uploaded to a

website at which the person has agreed in writing to receive

communications for the purposes of the claim for compensation.

(4)

Any communication required or authorised under this Act to be sent

to—

(a)

an acquiring authority,

(b)

a confirming authority, or

(c)

a local planning authority,

may also be sent electronically by a method mentioned in subsection

(5) .

(5)

The methods are—

(a)

sending the communication to an appropriate email address,

(b)

uploading the communication to an appropriate website.

(6)

For the purposes of subsection (5) —

(a)

an email address or website is an appropriate one if the person

to whom the communication is to be sent has—

(i)

provided the email address or details of the website to

the sender for the purposes of communicating with

them about the claim for compensation, or

(ii)

published the fact that the email address or the website

may be used for those purposes;

(b)

an email address is also an appropriate one if the person to

whom the communication is to be sent has previously used it

for the purposes of communicating with the sender about the

claim for compensation.

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(7)

A communication sent electronically is, unless the contrary is proved,

to be treated as having been received on the working day immediately

following the day on which it was sent.

(8)

In this section—

“confirming authority” has the same meaning as in Schedule 2A

(see paragraph 9 of that Schedule);

“working day” means a day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a bank holiday under the

Banking and Financial Dealings Act 1971 in England and Wales.

(9)

This section does not apply to a communication required or authorised

to be sent under this Act to the Upper Tribunal.”

(3)

In Part 6 of the Land Compensation Act 1973 (supplementary provisions),

after section 84 insert—

“84A

Service of documents

(1)

Any communication required or authorised to be sent to a person

under this Act may be sent to an email address or uploaded to a

website at which the person has agreed in writing to receive

communications for the purposes of the claim for compensation.

(2)

Any communication required or authorised under this Act to be sent

to—

(a)

an acquiring authority, or

(b)

a responsible authority within the meaning of section 1,

may also be sent electronically by a method mentioned in subsection

(3) .

(3)

The methods are—

(a)

sending the communication to an appropriate email address,

(b)

uploading the communication to an appropriate website.

(4)

For the purposes of subsection (3) —

(a)

an email address or website is an appropriate one if the

authority has—

(i)

provided the email address or details of the website to

the sender for the purposes of communicating with

them about the claim for compensation, or

(ii)

published the fact that the email address or the website

may be used for those purposes;

(b)

an email address is also an appropriate one if the authority

has previously used it for the purposes of communicating with

the sender about the claim for compensation.

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(5)

A communication sent electronically is, unless the contrary is proved,

to be treated as having been received on the working day immediately

following the day on which it was sent.

(6)

In this section “working day” means a day other than a Saturday, a

Sunday, Christmas Day, Good Friday or a bank holiday under the

Banking and Financial Dealings Act 1971 in England and Wales.

(7)

This section does not apply to a communication required or authorised

to be sent under this Act to the Upper Tribunal.”

(4)

The amendments made by subsection (1) do not apply in relation to a

compulsory purchase order made under the Acquisition of Land Act 1981 in

a case where the first notice under—

(a)

section 11(1) of that Act (purchases by local and other authorities:

public notice), or

(b)

paragraph 2(1) of Schedule 1 to that Act (purchases by Ministers:

public notices),

was published before this section came into force.

(5)

The amendments made by subsection (1) do not apply in relation to a purchase

under the Compulsory Purchase Act 1965 in a case where the notice to treat

under section 5(1) of that Act relating to the purchase was given before this

section came into force (for the application of section 6 of the Acquisition of

Land Act 1981 to the service of notices under the Compulsory Purchase Act

1965, see section 30 of that Act).

Required content of newspaper notices

(1)

Part 2 of the Acquisition of Land Act 1981 (purchases by local and other

authorities) is amended as set out in subsections (2) and (3) .

(2)

In section 11 (obligation on acquiring authority to publish notice of compulsory

purchase order), after subsection (2) insert—

“(2ZA)

In the case of a notice under subsection (1)(a), the requirement in

subsection (2)(b) to describe the land may be met by briefly identifying

the land (by giving its postal address or otherwise).”

(3)

In section 15 (notices after confirmation of order)—

(a)

after subsection (4) insert—

“(4ZA)

In the case of a notice under subsection (3)(a), the requirement

in subsection (4)(a) to describe the land may be met by briefly

identifying the land (by giving its postal address or

otherwise).”;

(b)

at the end of subsection (4F)(b), insert “except that, in the case of a

fulfilment notice under subsection (4C)(b)(i), the requirement to annex

a description of the land (see subsection (4)(a)) may be met by briefly

identifying the land (by giving its postal address or otherwise).”

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(4)

Schedule 1 to that Act (purchases by Ministers) is amended as set out in

subsections (5) and (6) .

(5)

In paragraph 2 (obligation on Minister to publish notice of compulsory

purchase order), after sub-paragraph (2) insert—

“(2ZA)

In the case of a notice under sub-paragraph (1)(a), the requirement in

sub-paragraph (2)(b) to describe the land may be met by briefly

identifying the land (by giving its postal address or otherwise).”

(6)

In paragraph 6 (notices after confirmation order)—

(a)

after sub-paragraph (4) insert—

“(4ZA)

In the case of a notice under sub-paragraph (3)(a), the

requirement in sub-paragraph (4)(a) to describe the land may

be met by briefly identifying the land (by giving its postal

address or otherwise).”;

(b)

at the end of sub-paragraph (4D)(b), insert “except that, in the case of

a fulfilment notice under sub-paragraph (4C)(b)(i), the requirement to

annex a description of the land (see sub-paragraph (4)(a)) may be met

by briefly identifying the land (by giving its postal address or

otherwise).”

Confirmation by acquiring authority: orders with modifications

(1)

Section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring

authority) is amended as follows.

(2)

In subsection (3)(c), for “without modification” substitute “—

“(i)

without modification, or

(ii)

with only such modifications as are specified by the

confirming authority in the notice.”

(3)

After subsection (4) insert—

“(4A)

A confirming authority may specify a modification only if—

(a)

it modifies the order so as to add an additional interest in land,

and the confirming authority is satisfied that the interest holder

consents to the proposed modification,

(b)

it modifies the order so as to remove an interest in any land

to which the order applies,

(c)

it modifies the order so as to remove part of an interest in any

land to which the order applies, and the confirming authority

is satisfied that the interest holder consents to the proposed

modification, or

(d)

it modifies the order in such a way that no interests in land

are affected.”

(4)

In subsection (5)—

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(a)

in paragraph (a), for “or” substitute “other than those specified in the

notice,”;

(b)

at the end insert “, or

“(c)

in a case where the notice specifies modifications, to

confirm the order without those modifications.”

(5)

After subsection (6) insert—

“(6A)

In a case where the acquiring authority has determined to confirm an

order with modifications, it must, at the same time as notifying the

confirming authority under subsection (6)—

(a)

provide the confirming authority with a copy of the order as

modified, and

(b)

certify that the only modifications are those specified by the

confirming authority.”

100

General vesting declarations: expedited procedure

(1)

The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as

follows.

(2)

In section 2(1) (interpretation and construction), after the definition of

“acquiring authority” insert—

““expedited procedure” means the procedure (available in respect of

unoccupied land etc or where there is no identifiable interest holder)

whereby a general vesting declaration may vest the land in the

acquiring authority less than three months from the date on which

the service of notices required by section 6 is completed (see section

4 (1ZA) (a) and sections 4A and 4B ),”.

(3)

In section 4 (execution of declaration)—

(a)

in subsection (1) omit from “(not” to the end;

(b)

after subsection (1) insert—

“(1ZA)

That period must be—

(a)

where the expedited procedure is available (see section

4A ), not less than six weeks from the date on which

the service of notices required by section 6 is completed;

(b)

otherwise not less than three months from that date.”

(4)

After section 4 insert—

“4A

Vesting date: expedited procedure

(1)

The expedited procedure is available in relation to a general vesting

declaration if—

(a)

the specified land is unoccupied,

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(b)

the acquiring authority considers that, by reason of disrepair,

neglect, contamination, or risk to health or safety, the specified

land is unfit for its ordinary use, and

(c)

Schedule A1 does not apply to the declaration.

(2)

The expedited procedure is also available in relation to a general

vesting declaration if the acquiring authority has been unable to

identify any person with an interest in the specified land.

(3)

Land is not to be regarded as occupied for the purposes of subsection

(1) (a) —

(a)

if it is occupied only by persons who do not have a right to

occupy it;

(b)

because of the presence of chattels on the land if the chattels

appear to the acquiring authority to be of no significant value.

(4)

The ordinary use of land is to be taken for the purposes of subsection

(1) (b) to be—

(a)

so far as the land comprises buildings or other features

designed or adapted for a particular use, that use, and

(b)

so far as the land does not comprise such buildings or features,

its most recent lawful use.

(5)

If the specified land includes one or more dwellings, the acquiring

authority may decide that it is unfit for its ordinary use only if it

considers that the dwelling, or each of those dwellings, is unfit for

human habitation within the meaning of the Landlord and Tenant Act

1985 (see section 10 of that Act).

(6)

In this section—

“dwelling” means a building or part of a building designed or

adapted for occupation as a separate dwelling;

“the specified land” means the land specified in the general

vesting declaration.

Expedited procedure: process

(1)

This section applies where the acquiring authority has executed a

general vesting declaration under the expedited procedure.

(2)

A person may, at any time before the end of the period of four weeks

beginning with the date on which the general vesting declaration is

executed, make representations to the acquiring authority that the

expedited procedure is not available in relation to the declaration.

(3)

The representations need not be in writing.

(4)

The acquiring authority must provide a written response to the

representations before the end of the period of seven days beginning

with the day on which it received them.

Page 138

(5)

If, at any time between the execution of the general vesting declaration

and the vesting date, the acquiring authority becomes aware of a

reason why the expedited procedure is not available (whether as a

result of representations or otherwise), the authority must amend the

general vesting declaration so that the period specified in it complies

with section 4 (1ZA) (b) (period of at least three months from service

of notices).

(6)

If the acquiring authority amends the general vesting declaration under

subsection (5) , it must serve notice of the amendment on—

(a)

every person who has made representations under subsection

(2) , and

(b)

every person who was served a notice about the declaration

under section 6.”

(5)

In section 6 (notices after execution of declaration), after subsection (1) insert—

“(1A)

In a case where the period specified in the declaration under section

4(1) is less than three months, the notice must also state—

(a)

that the acquiring authority considers that the expedited

procedure is available under section 4A (1) or (2) (as the case

may be);

(b)

the vesting date;

(c)

that any person who disagrees that the expedited procedure

is available may make representations to the acquiring authority

under section 4B (2) ;

(d)

that if, before the vesting date, the acquiring authority no longer

considers that the expedited procedure is available, the

authority will amend the general vesting declaration so that

the period specified in it complies with section 4 (1ZA) (b)

(period of at least three months from service of notices).”

101

General vesting declarations: advancement of vesting by agreement

(1)

The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set

out in subsections (2) to (6) .

(2)

After section 8A insert—

“8B

Advancement of vesting by agreement

(1)

The acquiring authority may agree in writing with the owner of any

interest which is to vest in the authority under section 8 that the

interest is to vest on a date before the vesting date.

(2)

The agreed date may not be before the day after the last day on which

a person may bring proceedings for questioning the compulsory

purchase order.

(3)

If an agreement under subsection (1) is in force—

Page 139

(a)

section 7 (other than section 7(1)(c)) and section 8 operate in

relation to the interest as if the vesting date were the agreed

date;

(b)

an owner of an interest who is a party to the agreement may

not serve a counter-notice under paragraph 2 of Schedule A1

(counter-notice requiring purchase of additional land).

(4)

But if the interest subject to the agreement does not entitle the owner

to possession of the land concerned, subsection (3)(a) does not advance

the date on which the right to enter on and take possession of the

land arises under section 8.”

(3)

In section 7(1) (constructive notice to treat), in the words before paragraph

(a) for “section 8A” substitute “sections 8A and 8B ”.

(4)

In section 8(1) (vesting, and right to enter and take possession), in the words

before paragraph (a) after “8A” insert “, 8B ”.

(5)

In section 10 (acquiring authority’s liability on vesting of the land), for

subsection (1A) substitute—

“(1A)

Where by virtue of an agreement under section 8A or 8B different

interests in the land vest in the acquiring authority on different dates,

subsection (1) does not give rise to any liability in relation to an interest

until that interest becomes vested.”

(6)

In Schedule A1 (counter-notice requiring purchase of additional land), in

paragraph 2, at the end insert “(but this is subject to section 8B (3) (b) ).”

(7)

In section 5A of the Land Compensation Act 1961 (relevant valuation date),

in subsection (4A), in the words before paragraph (a)—

(a)

after “8A” insert “or 8B ”;

(b)

after “postponement” insert “or advancement”.

102

Adjustment of basic and occupier’s loss payments

(1)

Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons

displaced from land) is amended as set out in subsections (2) to (4) .

(2)

In section 33A (basic loss payment)—

(a)

after subsection (1) insert—

“(1A)

In a case where the qualifying interest is in land in England,

a person to whom this section applies is entitled to payment

of whichever is the lower of the following amounts—

(a)

2.5% of the value of the interest;

(b)

£25,000.”;

(b)

in subsection (2) , at the beginning insert “In a case where the qualifying

interest is in land in Wales,”.

(3)

In section 33B (occupier’s loss payment: agricultural land)—

Page 140

(a)

after subsection (1) insert—

“(1A)

In a case where the qualifying interest is in land in England,

a person to whom this section applies is entitled to a payment

of whichever is the greatest of the following amounts—

(a)

7.5% of the value of the interest;

(b)

the land amount;

(c)

the buildings amount.

(1B)

But the maximum amount which may be paid to a person

under subsection (1A) in respect of an interest in land is

£75,000.”;

(b)

in subsection (2) , at the beginning insert “In a case where the qualifying

interest is in land in Wales,”;

(c)

in subsection (3) , for “this section” substitute “subsection (2)”;

(d)

after subsection (7) , insert—

“(7A)

In the case of land in England, the land amount is the greater

of £900 and the amount found in accordance with the following

Table—

Area of the land

Amount per hectare

Not exceeding 100

£300 per hectare or part of a hectare

hectares

Exceeding 100 hectares

(a)

£300 per hectare for the first

100 hectares;

(b)

£150 per hectare for the next

300 hectares or part of a

hectare.”;

(e)

in subsection (8) , at the beginning insert “In the case of land in Wales,”;

(f)

after subsection (8) , insert—

“(8A)

In the case of land in England, the buildings amount is £75 per

square metre (or part of a square metre) of the gross floor space

of any buildings on the land.”;

(g)

in subsection (9) , at the beginning insert “In the case of land in Wales”.

(4)

In section 33C (occupier’s loss payment: other land)—

(a)

after subsection (1) insert—

“(1A)

In a case where the qualifying interest is in land in England,

a person to whom this section applies is entitled to a payment

of whichever is the greatest of the following amounts—

(a)

7.5% of the value of the interest;

(b)

the land amount;

(c)

the buildings amount.

Page 141

(1B)

But the maximum amount which may be paid to a person

under subsection (1A) in respect of an interest in land is

£75,000.”;

(b)

in subsection (2) , at the beginning insert “In a case where the qualifying

interest is in land in Wales,”;

(c)

in subsection (3) , for “this section” substitute “subsection (2)”;

(d)

after subsection (7) , insert—

“(7A)

In the case of land in England, the land amount is the greater

of—

(a)

£7,500;

(b)

£7.50 per square metre (or part of a square metre) of

the area of the land.

(7B)

But if only part of land in which a person has an interest is

acquired, for the figure specified in subsection (7A) (a) there is

substituted £900.”;

(e)

in subsection (8) , at the beginning insert “In the case of land in Wales,”;

(f)

after subsection (9) , insert—

“(9A)

In the case of land in England, the buildings amount is £75 per

square metre (or part of a square metre) of the gross internal

floor space of any buildings on the land.”;

(g)

in subsection (10) —

(i)

at the beginning insert “In the case of land in Wales,”;

(ii)

after “gross” insert “internal”;

(h)

omit subsection (11) .

(5)

The amendments made by subsections (2) to (4) do not apply in relation to

a compulsory acquisition where any notice of the compulsory acquisition was

given before this section came into force.

(6)

For the purposes of subsection (5) , notice of a compulsory acquisition is

given—

(a)

in the case of a compulsory acquisition which is to be authorised by

a compulsory purchase order to which the Acquisition of Land Act

1981 applies—

(i)

on the date of publication of the notice required by section 11

of, or (as the case may be) paragraph 2 of Schedule 1 to, that

Act, in accordance with that Act , or

(ii)

on the date of service of the notice required by section 12 of,

or (as the case may be) paragraph 3 of Schedule 1 to, that Act

, in accordance with that Act ;

(b)

in the case of a compulsory acquisition which is to be authorised by

any other order, on the date of publication or service of any notice

that any provision of or made under any Act requires to be published

or served in connection with that acquisition, in accordance with that

Act ;

Page 142

(c)

in the case of a compulsory acquisition which is deemed to be

authorised following service of a notice by the owner requiring the

purchase of their interest, on the date on which that notice is served;

(d)

in the case of a compulsory acquisition which is to be authorised by

a special enactment, on the date of publication or service of a notice

that, in connection with that acquisition, is published or served in

accordance with any Standing Order of either House of Parliament

relating to private business.

(7)

In this section , “special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of

land specifically identified in that Act , or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory acquisition of land specifically

identified in that Act .

103

Home loss payments: exclusions

(1)

Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons

displaced from land) is amended as set out in subsections (2) to (5) .

(2)

In section 29(1) (right to home loss payment where person displaced from

dwelling), in the words after paragraph (f), for “section 32” substitute “sections

32 and 32A”.

(3)

After section 32 insert—

“32A

Home loss payments: exclusions

(1)

This section applies to a person if—

(a)

the person is displaced from a dwelling on land as mentioned

in section 29(1)(a) (displacement in consequence of a

compulsory acquisition),

(b)

a notice falling within subsection (4) has been served on the

person in relation to the land,

(c)

at the relevant time the notice has effect or is operative, and

(d)

the person has failed to comply with any requirement of the

notice.

(2)

This section also applies to a person if—

(a)

the person is displaced from a dwelling on land as mentioned

in section 29(1)(a) (displacement in consequence of a

compulsory acquisition),

(b)

a copy of an order falling within subsection (5) has been served

on the person in relation to the land, and

(c)

the order has not been quashed on appeal.

(3)

No payment may be made under section 29 to a person to whom this

section applies.

Page 143

(4)

These are the notices—

(a)

a notice under section 215 of the Town and Country Planning

Act 1990 (power to require proper maintenance of land);

(b)

a notice under section 11 of the Housing Act 2004

(improvement notice relating to category 1 hazard);

(c)

a notice under section 12 of that Act (improvement notice

relating to category 2 hazard);

(d)

a notice under section 48 of the Planning (Listed Buildings and

Conservation Areas) Act 1990 or section 138 of the Historic

Environment (Wales) Act 2023 (asc 3) (repairs notice prior to

notice of compulsory acquisition of listed building).

(5)

These are the orders—

(a)

an order under section 20 of the Housing Act 2004 (prohibition

order relating to category 1 hazard);

(b)

an order under section 21 of that Act (prohibition order relating

to category 2 hazard);

(c)

an order under section 43 of that Act (emergency prohibition

orders);

(d)

an order under section 265 of the Housing Act 1985 (demolition

order relating to category 1 or 2 hazard).

(6)

For the purposes of subsection (1) (c) , the relevant time is the date on

which any of the following occurs—

(a)

in the case of a compulsory acquisition which is to be

authorised by a compulsory purchase order to which the

Acquisition of Land Act 1981 applies—

(i)

the compulsory purchase order is confirmed, other than

conditionally, under section 13 or 13A of the Acquisition

of Land Act 1981;

(ii)

the compulsory purchase order is made, other than

conditionally, under paragraph 4 or 4A of Schedule 1

to that Act;

(iii)

a decision is made under section 13BA(2)(a) of that Act

(decision that conditions subject to which order was

confirmed have been met);

(iv)

a decision is made under paragraph 4AA(2)(a) of

Schedule 1 to that Act (decision that conditions subject

to which order was made have been met);

(b)

in the case of a compulsory acquisition which is to be

authorised by any other order, the order is made or confirmed

in accordance with the procedures which apply by virtue of

the Act under which it is made;

(c)

in the case of a compulsory acquisition which does not fall

within paragraph (a) or (b) and which is deemed to be

authorised following service of a notice by the owner requiring

Page 144

the purchase of their interest, a notice to treat is deemed to

have been served;

(d)

in the case of a compulsory acquisition which does not fall

within paragraph (a) , (b) or (c) and which is to be authorised

by a special enactment, the enactment is passed.

(7)

In subsection (6) , references to a compulsory acquisition are to the

compulsory acquisition in consequence of which the person is

displaced.

(8)

The appropriate national authority may by regulations amend

subsections (4) and (5) .

(9)

In this section—

“appropriate national authority” means—

(a)

the Secretary of State, in relation to England;

(b)

the Welsh Ministers, in relation to Wales;

“special enactment” means—

(a)

a local or private Act which authorises the compulsory

acquisition of land specifically identified in that Act , or

(b)

a provision which—

(i)

is contained in an Act other than a local or

private Act, and

(ii)

authorises the compulsory acquisition of land

specifically identified in that Act .

(10)

The power to make regulations under subsection (8) must be exercised

by statutory instrument subject to annulment in pursuance of a

resolution of—

(a)

either House of Parliament, in the case of regulations made by

the Secretary of State;

(b)

Senedd Cymru, in the case of regulations made by the Welsh

Ministers.”

(4)

In section 33 (home loss payments for certain caravan dwellers)—

(a)

in subsection (1), for “32” substitute “32A”;

(b)

in subsection (6), for “32” substitute “32A”.

(5)

In section 33D (loss payments: exclusions), for subsection (6) substitute—

“(6)

For the purposes of subsection (1) (c) , the relevant time is the date on

which any of the following occurs—

(a)

in the case of a compulsory acquisition which is to be

authorised by a compulsory purchase order to which the

Acquisition of Land Act 1981 applies—

(i)

the compulsory purchase order is confirmed, other than

conditionally, under section 13 or 13A of the Acquisition

of Land Act 1981;

Page 145

(ii)

the compulsory purchase order is made, other than

conditionally, under paragraph 4 or 4A of Schedule 1

to that Act;

(iii)

a decision is made under section 13BA(2)(a) of that Act

(decision that conditions subject to which order was

confirmed have been met);

(iv)

a decision is made under paragraph 4AA(2)(a) of

Schedule 1 to that Act (decision that conditions subject

to which order was made have been met);

(b)

in the case of a compulsory acquisition which is to be

authorised by any other order, the order is made or confirmed

in accordance with the procedures which apply by virtue of

the Act under which it is made;

(c)

in the case of a compulsory acquisition which does not fall

within paragraph (a) or (b) and which is deemed to be

authorised following service of a notice by the owner requiring

the purchase of their interest, a notice to treat is deemed to

have been served;

(d)

in the case of a compulsory acquisition which does not fall

within paragraph (a) , (b) or (c) and which is to be authorised

by a special enactment, the enactment is passed.

(6A)

In subsection (6)—

“special enactment” means—

(a)

a local or private Act which authorises the compulsory

acquisition of land specifically identified in that Act , or

(b)

a provision which—

(i)

is contained in an Act other than a local or

private Act, and

(ii)

authorises the compulsory acquisition of land

specifically identified in that Act;

references to a compulsory acquisition are to the compulsory

acquisition of the person’s interest in land.”

(6)

The amendments made by subsections (2) to (5) do not apply in relation to

a compulsory acquisition where any notice of the compulsory acquisition was

given before this section came into force.

(7)

For the purposes of subsection (6) , notice of a compulsory acquisition is

given—

(a)

in the case of a compulsory acquisition which is to be authorised by

a compulsory purchase order to which the Acquisition of Land Act

1981 applies—

(i)

on the date of publication of the notice required by section 11

of, or (as the case may be) paragraph 2 of Schedule 1 to, that

Act, in accordance with that Act , or

Page 146

(ii)

on the date of service of the notice required by section 12 of,

or (as the case may be) paragraph 3 of Schedule 1 to, that Act

, in accordance with that Act ;

(b)

in the case of a compulsory acquisition which is to be authorised by

any other order, on the date of publication or service of any notice

that any provision of or made under any Act requires to be published

or served in connection with that acquisition, in accordance with that

Act ;

(c)

in the case of a compulsory acquisition which is deemed to be

authorised following service of a notice by the owner requiring the

purchase of their interest, on the date on which that notice is served;

(d)

in the case of a compulsory acquisition which is to be authorised by

a special enactment, on the date of publication or service of a notice

that, in connection with that acquisition, is published or served in

accordance with any Standing Order of either House of Parliament

relating to private business.

(8)

In this section, “special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of

land specifically identified in that Act , or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory acquisition of land specifically

identified in that Act .

104

Temporary possession of land in connection with compulsory purchase

In section 18 of the Neighbourhood Planning Act 2017 (power to take

temporary possession of land), for subsection (3) substitute—

“(3)

Subject to—

(a)

any express provision in another Act;

(b)

any provision in an order granting development consent made

under section 114 of the Planning Act 2008 ;

(c)

any provision in an order made under section 1 or 3 of the

Transport and Works Act 1992 ;

(d)

any provision in an order granting infrastructure consent made

under section 60 of the Infrastructure (Wales) Act 2024 (asc 3);

the power in subsection (2) is the only power under which a person

may take temporary possession of land compulsorily.”

105

Amendments relating to

(1)

The Acquisition of Land Act 1981 is amended as set out in subsections (2) to

(4) .

(2)

In section 14A (confirmation by acquiring authority), omit subsection (2A)

(power for acquiring authority to confirm order not applicable where

Page 147

compensation is assessed in accordance with section 14A of Land

Compensation Act 1961).

(3)

In Schedule 2A (enactments eligible for directions applying section 14A of

the Land Compensation Act 1961), before paragraph 1 insert—

“A1

Section 125 of the Local Government Act 1972 (compulsory

acquisition of land on behalf of parish or community councils).”

(4)

In section 15A (directions applying section 14A of the Land Compensation

Act 1961)—

(a)

in subsection (5), after “paragraphs” insert “A1 or”;

(b)

in subsection (8)(b), after “paragraphs” insert “A1 or”.

(5)

The Land Compensation Act 1973 is amended as set out in subsections (6) to

(9) .

(6)

In section 30 (amount of home loss payment in England and Wales), in

subsection (3)(a), at the end (but before the “and”) insert “(and in a case where

the compulsory purchase order authorising the acquisition directs that

compensation is to be assessed in accordance with section 14A of the Land

Compensation Act 1961 (cases where prospect of planning permission to be

ignored), the market value is the value assessed in accordance with that

section)”.

(7)

In section 33A (basic loss payment), in subsection (6), after “acquisition” insert

“(including in accordance with section 14A of the Land Compensation Act

1961 (cases where prospect of planning permission to be ignored))”.

(8)

In section 33B (occupier’s loss payment: agricultural land), in subsection (5),

after “acquisition” insert “(including in accordance with section 14A of the

Land Compensation Act 1961 (cases where prospect of planning permission

to be ignored))”.

(9)

In section 33C (occupier’s loss payment: other land), in subsection (5), after

“acquisition” insert “(including in accordance with section 14A of the Land

Compensation Act 1961 (cases where prospect of planning permission to be

ignored))”.

106

New powers to appoint an inspector

(1)

In Part 1 of Schedule 4 to the New Towns Act 1981 (procedure for authorising

compulsory acquisitions by development corporations and local highway

authorities), after paragraph 4 insert—

“4A

(1)

The confirming authority may appoint a person (“an inspector”) to

act instead of it in relation to the confirmation of a compulsory

purchase order under this Schedule.

(2)

An inspector may be appointed to act in relation to—

(a)

a specific compulsory purchase order, or

(b)

a description of compulsory purchase orders.

Page 148

(3)

An inspector has the same functions as the confirming authority

under paragraphs 2(1)(b), 3, 4, 5A, 7 and 8.

(4)

Where an inspector is appointed in relation to a compulsory

purchase order, the confirming authority must inform—

(a)

every person who has made a relevant objection that has

not been withdrawn, and

(b)

the acquiring authority.

(5)

Where an inspector decides whether or not to confirm the whole

or part of a compulsory purchase order, the inspector’s decision is

to be treated as that of the confirming authority.

(6)

The confirming authority may at any time—

(a)

revoke its appointment of an inspector, and

(b)

appoint another inspector.

(7)

If the confirming authority revokes its appointment of an inspector

while the inspector is acting in relation to a compulsory purchase

order and does not replace the inspector, the confirming authority

must give the reasons for doing so—

(a)

to the inspector whose appointment has been revoked, and

(b)

to all those informed under sub-paragraph (4).

(8)

Where in any enactment there is a provision that applies in relation

to a confirming authority acting in relation to the confirmation of

a compulsory purchase order under this Schedule, that provision

is to be read as applying equally in relation to an inspector so far

as the context permits.

(9)

In this paragraph—

“confirming authority” means—

(a)

in a case where the compulsory purchase order relates

to land in England, the Secretary of State, and

(b)

in a case where the compulsory purchase order relates

to land in Wales, the Welsh Ministers (see article 2

of, and Schedule 1 to, the National Assembly for

Wales (Transfer of Functions) Order 1999 (S.I.

1999/672) and paragraph 30 of Schedule 11 to the

Government of Wales Act 2006);

“relevant objection” means an objection that is treated as duly

made for the purposes of this Schedule (see paragraph 4(1)).”

(2)

Schedule 2A to the Land Compensation Act 1961 (additional compensation

where section 14A applied) is amended as follows.

Page 149

(3)

After paragraph 1 insert—

“Power to appoint inspector

(1)

A confirming authority may appoint a person (“an inspector”) to

exercise the functions of the confirming authority in relation to an

application made to it under paragraph 1(2).

(2)

Where a confirming authority appoints an inspector under

sub-paragraph (1), the confirming authority must inform—

(a)

the acquiring authority, and

(b)

the person who made the application.

(3)

A decision by an inspector as to whether the conditions in paragraph

1(3) are met is to be treated as a decision by the confirming

authority.

(4)

A direction under paragraph 1(2) made by an inspector is to be

treated as a direction of the confirming authority.

(5)

The confirming authority may at any time—

(a)

revoke its appointment of an inspector, and

(b)

appoint another inspector.

(6)

If the confirming authority revokes its appointment of an inspector

while the inspector is exercising functions in relation to an

application made under paragraph 1(2) and does not replace the

inspector, the confirming authority must give the reasons for doing

so—

(a)

to the inspector whose appointment has been revoked, and

(b)

to all those informed under sub-paragraph (2) .

(7)

Where in any enactment there is a provision that applies in relation

to a confirming authority exercising functions in relation to an

application under paragraph 1(2), that provision is to be read as

applying equally in relation to an inspector so far as the context

permits.”

(4)

In paragraph 7(1)(b) (regulations about procedure), after “confirming authority”

insert “or an inspector”.

Part 6

Miscellaneous and general provision

107

Reporting on extra-territorial environmental outcomes

In Part 6 of the Levelling-up and Regeneration Act 2023 (environmental

outcome reports), in section 152(1) (power to specify environmental outcomes),

for “a relevant offshore area” substitute “elsewhere”.

Page 150

108

The Crown

The amendments made by this Act bind the Crown to the extent that the

provisions amended bind the Crown.

109

Extent

(1)

Subject to subsection (2) , an amendment, repeal or revocation made by this

Act has the same extent as the provision amended, repealed or revoked.

(2)

Paragraphs 37 and 41 of Schedule 6 extend to England and Wales only.

(3)

A provision of this Act, other than an amendment, repeal or revocation,

extends to England and Wales only, subject to subsections (4) to (6) .

(4)

The following provisions extend to England and Wales and Scotland—

(a)

sections 13 to 16 ;

(b)

section 18 (6) ;

(c)

section 20 (7) ;

(d)

section 45 ;

(e)

section 46 (6) and (7) .

(5)

The following provisions extend to Scotland only—

(a)

section 24 ;

(b)

section 44 .

(6)

Section 108 , this section and sections 110 and 111 extend to England and

Wales, Scotland and Northern Ireland.

110

Commencement and transitional provision

(1)

In Part 1—

(a)

sections 1 to 8 come into force on such day as the Secretary of State

may by regulations appoint;

(b)

section 9 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(c)

sections 10 to 12 come into force on such day as the Secretary of State

may by regulations appoint;

(d)

sections 13 to 17 come into force on the day on which this Act is

passed;

(e)

in section 18 —

(i)

subsections (1) and (2) , subsection (4) so far as it confers powers

to make regulations, and subsections (5) and (6) come into

force on the day on which this Act is passed;

(ii)

subsection (3) , and subsection (4) for remaining purposes, come

into force at the end of the period of two months beginning

with the day on which this Act is passed;

(f)

section 19 comes into force at the end of the period of two months

beginning with the day on which this Act is passed, except that it

Page 151

comes into force on the day on which this Act is passed so far as it

confers power to make regulations;

(g)

section 20 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(h)

sections 21 and 22 come into force on the day on which this Act is

passed;

(i)

section 23 and Schedule 1 come into force at the end of the period of

two months beginning with the day on which this Act is passed, except

that paragraph 7 of Schedule 1 comes into force on such day as the

Secretary of State may by regulations appoint;

(j)

section 24 comes into force on the day on which this Act is passed;

(k)

section 25 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(l)

section 26 comes into force on the day on which this Act is passed;

(m)

section 27 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(n)

section 28 comes into force at the end of the period of two months

beginning with the day on which this Act is passed, except that it

comes into force on the day on which this Act is passed so far as it

confers power to make regulations;

(o)

sections 29 and 30 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(p)

section 31 comes into force on such day as the Secretary of State may

by regulations appoint;

(q)

sections 32 and 33 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(r)

section 34 comes into force on such day as the Secretary of State may

by regulations appoint;

(s)

sections 35 to 37 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(t)

in section 38 —

(i)

subsections (1) and (2) come into force at the end of the period

of two months beginning with the day on which this Act is

passed;

(ii)

subsection (3) comes into force on such day as the Secretary

of State may by regulations appoint;

(u)

sections 39 to 43 and Schedule 2 come into force at the end of the

period of two months beginning with the day on which this Act is

passed;

(v)

section 44 comes into force on the day on which this Act is passed;

(w)

section 45 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(x)

in section 46 —

Page 152

(i)

subsections (1) and (3) to (7) come into force at the end of the

period of two months beginning on the day on which this Act

is passed;

(ii)

subsection (2) comes into force on such day as the Secretary

of State may by regulations appoint;

(y)

section 47 comes into force on such day as the Secretary of State may

by regulations appoint.

(2)

In Part 2—

(a)

section 48 comes into force on such day as the Secretary of State may

by regulations appoint, except that it comes into force on the day on

which this Act is passed so far as it confers power to make regulations;

(b)

sections 49 and 50 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(c)

in section 51 —

(i)

subsection (1) comes into force at the end of the period of two

months beginning with the day on which this Act is passed;

(ii)

subsection (2) comes into force on such day as the Secretary

of State may by regulations appoint;

(d)

section 52 (1) , (2) and (3) and Schedule 3 come into force on such day

as the Secretary of State may by regulations appoint, except that section

52 (1) comes into force on the day on which this Act is passed so far

as it confers power to make regulations;

(e)

section 52 (4) to (8) come into force at the end of the period of two

months beginning with the day on which this Act is passed.

(3)

Part 3 (including Schedules 4 , 5 and 6 ) comes into force on such day as the

Secretary of State may by regulations appoint.

(4)

Part 4 comes into force on such day as the Secretary of State may by

regulations appoint.

(5)

In Part 5—

(a)

section 97 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(b)

section 98 comes into force on such day as the Secretary of State may

by regulations appoint;

(c)

section 99 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(d)

sections 100 and 101 come into force on such day as the Secretary of

State may by regulations appoint;

(e)

sections 102 and 103 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(f)

section 104 comes into force at the same time as section 18 of the

Neighbourhood Planning Act 2017;

(g)

in section 105 —

Page 153

(i)

subsections (1) , (2) and (5) to (9) come into force at the end of

the period of two months beginning with the day on which

this Act is passed;

(ii)

subsections (3) and (4) come into force on such day as the

Secretary of State may by regulations appoint;

(h)

section 106 comes into force at the end of the period of two months

beginning with the day on which this Act is passed.

(6)

In this Part—

(a)

section 107 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(b)

sections 108 to 111 come into force on the day on which this Act is

passed.

(7)

The Secretary of State may by regulations make transitional, transitory or

saving provision in connection with the coming into force of any provision

of this Act.

(8)

Regulations under this section —

(a)

are to be made by statutory instrument;

(b)

may make different provision for different purposes or different areas.

111

Short title

This Act may be cited as the Planning and Infrastructure Act 2025.

Page 154

Schedules

Schedule 1

Section 23

Minor and consequential amendments to the

Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.

(1)

Section 36 (consent required for construction etc of generating stations) is

amended as follows.

(2)

In subsection (3), for “Secretary of State” substitute “appropriate authority”.

(3)

In subsection (5A)—

(a)

for “the Water Environment (Controlled Activities) (Scotland)

Regulations 2005” substitute “the Water Environment (Controlled

Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”;

(b)

for “Secretary of State” substitute “Scottish Ministers”.

(4)

After subsection (5A) insert—

“(5AA)

If regulations under paragraph 7B of Schedule 8 specify a time

by which the Scottish Environment Protection Agency must give

advice under subsection (5A), the duty on the Scottish Ministers

to have regard to the advice does not apply in relation to any

advice given after the time specified.”

(5)

In subsection (5B), for “the Water Environment (Controlled Activities)

(Scotland) Regulations 2005” substitute “the Water Environment (Controlled

Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”.

(1)

Section 36B (duties in relation to navigation) is amended as follows.

(2)

In subsection (4)(b)—

(a)

for “Secretary of State” substitute “appropriate authority”;

(b)

for “his” substitute “its”.

(3)

In subsection (7), before the definition of “consent” insert—

““appropriate authority” has the same meaning as in section 36;”.

In section 36C , for the heading substitute “Application for variation of

section 36 consent”.

(1)

Section 37 (consent required for overhead lines) is amended as follows.

(2)

In subsection (1) , for “Secretary of State” substitute “appropriate authority”.

(3)

In subsection (3)—

(a)

in paragraph (a), for “Secretary of State” substitute “appropriate

authority”;

(b)

in paragraph (b), at the beginning insert “in the case of a consent

granted by the Secretary of State,”;

Page 155

(c)

after paragraph (b) (but before the “and”) insert—

“(ba)

in the case of a consent granted by the Scottish

Ministers, may be revoked by the Scottish Ministers

at any time after the end of such period as may be

specified in the consent (see sections 37A to 37C as

regards the variation of consents granted by the

Scottish Ministers);”;

(d)

in paragraph (c), for “paragraph (b)” substitute “paragraphs (b) and

(ba)”.

(4)

At the end insert—

“(6)

In this section “appropriate authority” means—

(a)

the Scottish Ministers, in relation to an electric line installed

above land in Scotland;

(b)

the Secretary of State in all other cases.”

Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State

and the Scottish Ministers under sections 36 and 37) is amended as follows.

In paragraph 1 (applications for consent)—

(a)

in sub-paragraph (1) , after “An application” insert “that is made to

the Secretary of State”;

(b)

in sub-paragraph (2), after “application” insert “that is made to the

Secretary of State”;

(c)

in sub-paragraph (3) , after “applications” insert “that are made to

the Secretary of State”;

(d)

in the heading, after “Applications” insert “made to the Secretary

of State”.

(1)

Paragraph 3 (objections by other persons) is amended as follows.

(2)

In sub-paragraph (1) —

(a)

for “Secretary of State”, in each place it occurs, substitute

“appropriate authority”;

(b)

in the words after paragraph (d), for “he” substitute “the appropriate

authority”.

(3)

In sub-paragraph (2) —

(a)

for paragraph (a) (but not including the “but”) substitute—

“(a)

a public inquiry is not required by virtue of

paragraph 2(2) or 2A ;”;

(b)

in paragraph (b) , for “Secretary of State” substitute “appropriate

authority”;

(c)

in the words after paragraph (b) —

(i)

for “Secretary of State” substitute “appropriate authority”;

(ii)

for “he” substitute “the appropriate authority”.

(1)

Paragraph 4 (public inquiries) is amended as follows.

Page 156

(2)

In sub-paragraph (1) , in the words before paragraph (a), after “application”

insert “that is made to the Secretary of State”.

(3)

After sub-paragraph (3) insert—

“(3A)

Where in accordance with paragraph 2A or 3(2) a public inquiry

is to be held in relation to an application that is made to the

Scottish Ministers for consent under section 36 or 37 of this Act,

and it appears to the Scottish Ministers that in addition to any

public notice of such an inquiry any further notification

concerning the inquiry is necessary or expedient (either by way

of service of notice upon any person or in any other way), the

Scottish Ministers may direct the applicant to take such further

steps for this purpose as may be specified in the direction.”

(4)

In sub-paragraph (4) —

(a)

after “2(2)” insert “, 2A ”;

(b)

for “Secretary of State” insert “appropriate authority”.

(5)

Omit sub-paragraph (5).

(1)

Paragraph 5 (provisions supplementary to paragraphs 2 to 4) is amended

as follows.

(2)

In sub-paragraph (1) —

(a)

in the words before paragraph (a) , after “2(2)” insert “, 2A ”;

(b)

in paragraph (a) —

(i)

for “Secretary of State”, in both place it occurs, substitute

“appropriate authority”;

(ii)

for “he” substitute “the appropriate authority”;

(c)

in paragraph (b) , for “Secretary of State” substitute “appropriate

authority”;

(d)

in the words after paragraph (b) , for “Secretary of State” substitute

“appropriate authority”.

(3)

In sub-paragraph (2) , for “Secretary of State”, in both places it occurs,

substitute “appropriate authority”.

(1)

Paragraph 6 (special provision as to consents under section 37) is amended

as follows.

(2)

In sub-paragraph (1) —

(a)

for “Secretary of State”, in each place it occurs, substitute

“appropriate authority”;

(b)

in paragraph (a) , for “he”, in both places it occurs, substitute “the

appropriate authority”;

(c)

in paragraph (b) , omit “his”, in both places it occurs.

(3)

In sub-paragraph (2) —

(a)

in the words before paragraph (a) , for “Secretary of State” substitute

“appropriate authority”;

Page 157

(b)

in paragraph (b) for “his opinion” substitute “the opinion of the

appropriate authority”.

(1)

Paragraph 7A (generating stations not within areas of relevant planning

authorities) is amended as follows.

(2)

In sub-paragraph (6)(a), after “2(2)” insert “, 2A ”.

(3)

In sub-paragraph (7) —

(a)

for “Secretary of State” substitute “appropriate authority”;

(b)

after “2(2)” insert “or 2A ”;

(c)

for “authority” substitute “planning authority”.

(4)

In sub-paragraph (8) —

(a)

for “Secretary of State” substitute “appropriate authority”;

(b)

for “authority” substitute “planning authority”;

(c)

for “he” substitute “the appropriate authority”.

(5)

In sub-paragraph (9) , for “Secretary of State” substitute “appropriate

authority”.

(6)

In sub-paragraph (10) , for “Secretary of State” substitute “appropriate

authority”.

In paragraph 8 (supplemental), in paragraph (1), after “Schedule” insert

“—

““appropriate authority” means—

(a)

in the case of an application made to the Secretary of State,

the Secretary of State;

(b)

in the case of an application made to the Scottish Ministers,

the Scottish Ministers;”.

Schedule 2

Section 41

Section 41 : consequential amendments

Ancient Monuments and Archaeological Areas Act 1979

(1)

The Ancient Monuments and Archaeological Areas Act 1979 is amended

as follows.

(2)

In section 2 (control of works affecting scheduled monuments)—

(a)

in subsection (1), omit “or by development consent”;

(b)

after subsection (1) insert—

“(1A)

Subsection (1) is subject to section 17 of the Transport and

Works Act 1992 (power to exclude requirement for other

consents for works authorised under that Act) and section

33(1) of the Planning Act 2008 (exclusion of requirement for

Page 158

other consents for development for which development

consent required).”

(3)

In section 28(2) (offence of damaging protected monument), in the second

sentence, for the words from “works for which” to the end substitute “—

“(a)

works for which scheduled monument consent has been

given under this Act (including any consent granted by order

under section 3),

(b)

works exempted from the need to obtain scheduled

monument consent by an order under section 1 or 3 of the

Transport and Works Act 1992 (see section 17 of that Act),

(c)

works for which development consent has been granted.”

(4)

In section 37(1A) (operations authorised by development consent not offence

under section 35), after “of” insert “—

“(a)

any operations exempted from the need to obtain scheduled

monument consent under this Act by an order under section

1 or 3 of the Transport and Works Act 1992 (see section 17

of that Act), or

(b)

Planning (Listed Buildings and Conservation Areas) Act 1990

(1)

The Planning (Listed Buildings and Conservation Areas) Act 1990 is

amended as follows.

(2)

In section 7(2) (requirement for listed building consent subject to section

33 of the Planning Act 2008), after “subject to” insert “section 17 of the

Transport and Works Act 1992 (power to exclude requirement for other

consents for works authorised under that Act) and”.

(3)

In section 59(3) (exception to offence of intentionally damaging listed

building), before paragraph (c) insert—

“(ba)

of works exempted from the need to obtain listed building

consent under this Act by an order under section 1 or 3 of

the Transport and Works Act 1992 (see section 17 of that

Act); or”

Planning Act 2008

In Schedule 2 to the Planning Act 2008 (amendments consequential on

development consent regime), omit paragraphs 17 and 18.

Page 159

Schedule 3

Section 52 (3)

Section

Town and Country Planning Act 1990

(1)

Section 303A of the Town and Country Planning Act 1990 (responsibility

of local planning authorities for costs of holding certain inquiries) is

amended as follows.

(2)

In subsection (1A), before paragraph (a) insert—

“(zza)

a public examination under section 12I or 12P (6) (a) of the

Planning and Compulsory Purchase Act 2004;”.

(3)

After subsection (1B) insert—

“(1BA)

Where the qualifying procedure is a public examination of a spatial

development strategy under section 12I or 12P (6) (a) of the Planning

and Compulsory Purchase Act 2004, the appropriate authority is

the Secretary of State.”

(4)

In subsection (2), for “or corporate joint committee” substitute “, corporate

joint committee or strategic planning authority”.

(5)

In subsection (3), for “or corporate joint committee” substitute “, corporate

joint committee or strategic planning authority”.

(6)

In subsection (6), for “or corporate joint committee” substitute “, corporate

joint committee or strategic planning authority”.

(7)

In subsection (9A)—

(a)

in the opening words and in paragraph (a), for “or corporate joint

committee” substitute “, corporate joint committee or strategic

planning authority”;

(b)

for paragraph (b) substitute—

“(b)

the Secretary of State (or a person acting on the

Secretary of State’s behalf) holds a public or

independent examination in relation to a strategy,

plan or document prepared by the local planning

authority or strategic planning authority, or by the

Secretary of State under section 12P (2) (a) or

15HA(2)(a) of that Act.”

(8)

After subsection (9B) (as inserted by paragraph 7(4) of Schedule 8 to LURA

2023) insert—

“(9C)

In a case where a qualifying procedure is carried out in relation to

a spatial development strategy that is prepared by a strategic

planning board under Part 1A of the Planning and Compulsory

Purchase Act 2004 (see section 12B of that Act), the Secretary of

State may for the purposes of this section apportion the amount

that may be recovered in accordance with subsections (4) to (6)

Page 160

between the constituent authorities of the board, on such basis as

the Secretary of State considers just and reasonable.”

(9)

After subsection (12) (as inserted by paragraph 7(6) of Schedule 8 to LURA

2023) insert—

“(13)

In this section “strategic planning authority” has the meaning given

by section 12A of the Planning and Compulsory Purchase Act 2004.”

Planning and Compulsory Purchase Act 2004

PCPA 2004 is amended as set out in paragraphs 3 to 5 .

In section 15LH (interpretation) (as inserted by Schedule 7 to LURA 2023),

in subsection (3), in the definition of “spatial development strategy”—

(a)

in paragraph (b), after “adopted” insert “before Part 1A comes into

force”;

(b)

after paragraph (b) insert—

“(ba)

a spatial development strategy adopted before Part

1A comes into force by a combined county authority

established under section 9 of the Levelling-up and

Regeneration Act 2023;

(bb)

a spatial development strategy within the meaning

of Part 1A (see section 12W (1) );”.

In section 39A (assistance with plan making) (as inserted by section 100 of

LURA 2023), in subsection (5), after paragraph (b) insert—

“(ba)

a spatial development strategy within the meaning of Part

1A (see section 12W (1) );”.

In section 113 (validity of strategies, plans and documents)—

(a)

in subsection (9)(f) (as inserted by paragraph 23(3)(c) of Schedule 8

to LURA 2023), after “adopted” insert “before Part 1A comes into

force”;

(b)

after subsection (9)(f) insert—

“(fa)

in the case of a spatial development strategy adopted

before Part 1A comes into force by a combined county

authority established under section 9 of the

Levelling-up and Regeneration Act 2023, or any

alteration or replacement of it, whichever provisions

of (or applied by) an order under that Act give the

combined county authority powers in relation to such

a strategy;

(fb)

Part 1A of this Act in the case of a spatial

development strategy within the meaning of that Part

(see section 12W (1) ), or any alteration or replacement

of it.”

Page 161

Levelling-up and Regeneration Act 2023

LURA 2023 is amended as set out in paragraphs 7 to 11 .

In section 91 (interpretation of Chapter 1 of Part 3), in the definition of

“relevant planning authority”, after paragraph (e) insert—

“(ea)

a strategic planning authority (within the meaning given in

section 12A of PCPA 2004),”.

In section 97 (plan making), omit “joint spatial development strategies,”.

In section 100 (assistance with plan making), in section 39A of PCPA 2004

inserted by that section, in subsection (5)(b), omit “or Part 2 of this Act”.

In Schedule 7 (plan making), omit the following provisions substituted for

sections 15 to 37 of PCPA 2004—

(a)

sections 15A to 15AI;

(b)

the italic heading before section 15A;

(c)

section 15LE(2)(a), (b) and (c);

(d)

in section 15LH(3)—

(i)

the definition of “joint spatial development strategy”;

(ii)

paragraph (c) of the definition of “spatial development

strategy”.

(1)

Schedule 8 (minor and consequential amendments in connection with

Chapter 2 of Part 3) is amended as follows.

(2)

In paragraph 7, omit sub-paragraph (2)(a).

(3)

In paragraph 21(a), in the words substituted for words in section 39(1)(b)

of PCPA 2004, omit “joint spatial development strategy,”.

(4)

In paragraph 23—

(a)

in sub-paragraph (3)(c), omit paragraph (g) inserted into section

113(9) of PCPA 2004;

(b)

in sub-paragraph (5), in subsection (13) inserted into section 113 of

PCPA 2004, for “, “spatial development strategy for London” and

“joint spatial development strategy”” substitute “and “spatial

development strategy for London””.

(5)

In paragraph 25—

(a)

in paragraph (a), omit paragraph (za) inserted into section 122(5)

of PCPA 2004;

(b)

in paragraph (b), in the words inserted into section 122(6) of PCPA

2004, omit “(za),”.

(6)

In paragraph 39(6), in paragraph (6)(a) inserted into regulation 108 of the

Habitats Regulations, omit “joint spatial development strategy,”.

(7)

In paragraph 40—

(a)

in sub-paragraph (2)(a), in the words substituted for words in

paragraph (b) of the definition of “land use plan” in regulation

Page 162

111(1) of the Habitats Regulations, omit “joint spatial development

strategy,”;

(b)

in sub-paragraph (3)(a), omit sub-paragraph (aa) substituted for

regulation 111(2)(a) and (b) of the Habitats Regulations.

Habitats Regulations

(1)

Regulation 111 of the Habitats Regulations (interpretation of Chapter 8) is

amended as follows.

(2)

In paragraph (1), in the definition of “land use plan”—

(a)

in paragraph (a), for “(the spatial development strategy)” substitute

“(the spatial development strategy for London)”;

(b)

after paragraph (a) insert—

“(aa)

a spatial development strategy as provided for in

Part 1A of the 2004 Planning Act;

(ab)

a spatial development strategy of a combined

authority established under section 103 of the Local

Democracy, Economic Development and Construction

Act 2009, not being a spatial development strategy

within paragraph (aa);

(ac)

a spatial development strategy of a combined county

authority established under section 9 of the

Levelling-up and Regeneration Act 2023, not being

a spatial development strategy within paragraph

(aa);”.

(3)

In paragraph (1), in the definition of “plan-making authority”—

(a)

in paragraph (a), after “replacement” insert “of the spatial

development strategy for London”;

(b)

after paragraph (a) insert—

“(aa)

a strategic planning authority (within the meaning

given in section 12A of the 2004 Planning Act);

(ab)

a combined authority established under section 103

of the Local Democracy, Economic Development and

Construction Act 2009 when exercising powers in

relation to a spatial development strategy specified

in paragraph (ab) of the definition of “land use plan”;

(ac)

a combined county authority established under

section 9 of the Levelling-up and Regeneration Act

2023 when exercising powers in relation to a spatial

development strategy specified in paragraph (ac) of

the definition of “land use plan;”;

(c)

in paragraph (c), before sub-paragraph (ii) insert—

“(ia)

section 12P or 12Q of the 2004 Planning Act

(Secretary of State’s powers in relation to

spatial development strategy);”.

Page 163

(4)

In paragraph (2)—

(a)

in sub-paragraph (c), after “strategy”, in both places, insert “for

London”;

(b)

after sub-paragraph (c) insert—

“(ca)

the adoption or approval of a spatial development

strategy or of an alteration of such a strategy under

Part 1A of the 2004 Planning Act;

(cb)

the adoption or alteration of a spatial development

strategy specified in paragraph (ab) of the definition

of “land use plan”;

(cc)

the adoption or alteration of a spatial development

strategy specified in paragraph (ac) of the definition

of “land use plan”;”.

Interpretation

In this Schedule—

“PCPA 2004” means the Planning and Compulsory Purchase Act 2004;

“LURA 2023” means the Levelling-up and Regeneration Act 2023;

“Habitats Regulations” means the Conservation of Habitats and Species

Regulations 2017 (S.I. 2017/1012).

Schedule 4

Section 66 (3)

Environmental delivery plans: effect on environmental obligations

Protected sites: assessments under

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (1) (a) is a protected feature of a European site or a Ramsar

site, and

(b)

a developer has committed to pay, in respect of a development,

such amount of the nature restoration levy set out in a charging

schedule to the EDP as applies in relation to an environmental

impact of the development on that protected feature.

(2)

The environmental impact of the development on the protected feature is

to be disregarded for the purposes of Part 6 of the Habitats Regulations

2017 .

Protected sites: SSSIs

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (1) (a) is a protected feature of an SSSI, and

Page 164

(b)

a developer has committed to pay, in respect of a development,

such amount of the nature restoration levy set out in a charging

schedule to the EDP as applies in relation to an environmental

impact of the development on that protected feature.

(2)

The environmental impact of the development on the protected feature is

to be disregarded for the purposes of—

(a)

a determination by Natural England on whether to give consent

(and if so on what terms) under section 28E of the Wildlife and

Countryside Act 1981 or withdraw or modify any such consent,

(b)

a determination by the Secretary of State of an appeal under section

28F of that Act (appeals in connection with consents),

(c)

section 28H of that Act (statutory undertakers etc: duty in relation

to carrying out operations),

(d)

section 28I of that Act (statutory undertakers etc: duty in relation

to authorising operations), and

(e)

section 28P(2) and (5A) of that Act (offences in connection with

sections 28H and 28I of that Act).

Protected sites: marine conservation zones

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (1) (a) is a protected feature of a marine conservation zone,

and

(b)

a developer has committed to pay, in respect of a development,

such amount of the nature restoration levy set out in a charging

schedule to the EDP as applies in relation to an environmental

impact of the development on that protected feature.

(2)

The environmental impact of the development on the protected feature is

to be disregarded for the purposes of section 126 of the Marine and Coastal

Access Act 2009 (duties of public authorities in relation to certain decisions).

Protected species: licences under

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (1) (a) is a species listed in Schedule 2, 4 or 5 of the Habitats

Regulations 2017, and

(b)

a developer has committed to pay, in respect of a development,

such amount of the nature restoration levy set out in a charging

schedule to the EDP as applies in relation to an environmental

impact of the development on that protected species.

(2)

A licence under regulation 55 (1) of the Habitats Regulations 2017 , relating

to the protected species and on the terms set out in the EDP, is to be treated

as having been granted to the developer by the relevant licensing body

(see regulation 58(4A) of those Regulations) .

Page 165

Protected species: licences under Part 1 of the Wildlife and Countryside Act 1981

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (1) (a) is a species protected by Part 1 of the Wildlife and

Countryside Act 1981, and

(b)

a developer has committed to pay, in respect of a development,

such amount of the nature restoration levy set out in a charging

schedule to the EDP as applies in relation to an environmental

impact of the development on that protected species.

(2)

A licence under section 16(3)(j) of the Wildlife and Countryside Act 1981,

relating to the protected species and on the terms set out in the EDP, is to

be treated as having been granted to the developer by the appropriate

authority (see section 16(8A) and (9) of that Act).

Protected species: licences under the

(1)

Sub-paragraph (2) applies where—

(a)

badgers are identified in an EDP as an environmental feature in

accordance with section 55 (1) (a) , and

(b)

a developer has committed to pay, in respect of a development,

such amount of the nature restoration levy set out in a charging

schedule to the EDP as applies in relation to an environmental

impact of the development on badgers.

(2)

A licence under section 10 of the Protection of Badgers Act 1992, on the

terms set out in the EDP, is to be treated as having been granted by Natural

England to the developer.

Schedule 5

Section 83 (8)

Compulsory acquisition of land under Part 3: supplementary provisions

Application of Acquisition of Land Act 1981

(1)

The Acquisition of Land Act 1981 (“ALA 1981”) applies to the compulsory

acquisition of land under section 83 , with the following modification.

(2)

Section 17 (2) of ALA 1981 (orders to be subject to special parliamentary

procedure in certain cases involving local authority or statutory undertakers’

land) does not apply to the acquisition of an interest in land by Natural

England acting under section 83 .

(1)

Schedule 3 to ALA 1981 applies to the acquisition of new rights under

section 83 , with the following modification.

(2)

Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary

procedure in certain cases involving local authority or statutory undertakers’

Page 166

land) does not apply to the acquisition of an interest in land by Natural

England acting under section 83 .

Extinguishment of private rights of way etc

(1)

Sub-paragraph (2) applies where Natural England completes the compulsory

acquisition of land under section 83 .

(2)

On completion of the acquisition—

(a)

all private rights of way on, under or over the land are extinguished,

(b)

all rights of laying down, erecting, continuing or maintaining any

apparatus on, under or over the land are extinguished, and

(c)

any such apparatus vests in Natural England.

(3)

Sub-paragraph (2) is subject to paragraph 4 to 7 .

Natural England may give a direction before the completion of the

acquisition that paragraph 3 (2) is not to apply to any right or apparatus

specified in the direction.

Paragraph 3 (2) is subject to any agreement which may be made (whether

before or after the completion of the acquisition) between—

(a)

Natural England, and

(b)

the person—

(i)

in whom the right or apparatus concerned is vested, or

(ii)

to whom it belongs.

(1)

Paragraph 3 (2) does not apply to—

(a)

any right vested in statutory undertakers for the purpose of carrying

on their undertaking,

(b)

any apparatus belonging to statutory undertakers for that purpose,

(c)

any right conferred by, or in accordance with, the electronic

communications code on the operator of an electronic

communications code network, or

(d)

any electronic communications apparatus kept installed for the

purposes of any such network.

(2)

In sub-paragraph (1) “statutory undertakers” means persons who are, or

are deemed to be, statutory undertakers for the purposes of any provision

of Part 11 of the Town and Country Planning Act 1990; and “undertaking”

is to be read in accordance with section 262 of that Act (meaning of

“statutory undertakers”).

(1)

Any person who suffers loss by the extinguishment of a right, or the vesting

of any apparatus, under paragraph 3 is entitled to compensation from

Natural England.

(2)

Any compensation payable under this paragraph is to be determined in

accordance with the Land Compensation Act 1961.

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New rights: application of Compulsory Purchase Act 1965

(1)

The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory

acquisition of new rights under section 83 as it applies to the compulsory

purchase of land.

(2)

In its application to the compulsory acquisition of such new rights, that

Act is to have effect subject to—

(a)

the modifications specified in paragraphs 9 to 14 , and

(b)

such other modifications as are necessary.

(3)

One result of sub-paragraph (2) (b) is that, in appropriate contexts, references

in that Act to land are to be read as referring, or as including references,

to—

(a)

the rights acquired or to be acquired, or

(b)

land over which the rights are, or are to be, exercisable,

according to the requirements of the particular context.

Section 7 of CPA 1965 is to have effect as if for the words of that section

there were substituted—

“7

Measure of compensation in case of acquisition of new right

(1)

In assessing the compensation to be paid by the acquiring authority

under this Act regard shall be had not only to the extent (if any) to

which the value of the land over which the right is acquired is

depreciated by the acquisition but also to the damage (if any) to be

sustained by the owner of the land by reason of injurious affection

of other land of the owner by the exercise of the right.

(2)

The modifications subject to which subsection (1) of section 44 of

the Land Compensation Act 1973 (compensation for injurious

affection) is to have effect, as applied by subsection (2) of that section

to compensation for injurious affection under this section, are that—

(a)

for “land is acquired or taken” there is substituted “a right

over land is acquired”; and

(b)

for “acquired or taken from him” there is substituted “over

which the right is exercisable”.”

(1)

Section 8(1) of CPA 1965 is to have effect as if references to acquiring land

were to acquiring a right in the land.

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(2)

Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule,

there were substituted—

Schedule 2A

Counter-notice requiring purchase of land

Introduction

(1)

This Schedule applies where an acquiring authority serve a notice

to treat in respect of a right over the whole or part of a house,

building or factory.

(2)

But see section 2A of the Acquisition of Land Act 1981 (under

which a compulsory purchase order can exclude from this

Schedule land that is 9 metres or more below the surface).

In this Schedule “house” includes any park or garden belonging

to a house.

Counter-notice requiring purchase of land

A person who is able to sell the house, building or factory (“the

owner”) may serve a counter-notice requiring the authority to

purchase the owner’s interest in the house, building or factory.

A counter-notice under paragraph 3 must be served within the

period of 28 days beginning with the day on which the notice to

treat was served.

Response to counter-notice

On receiving a counter-notice the acquiring authority must decide

whether to—

(a)

withdraw the notice to treat,

(b)

accept the counter-notice, or

(c)

refer the counter-notice to the Upper Tribunal.

The authority must serve notice of their decision on the owner

within the period of 3 months beginning with the day on which

the counter-notice is served (“the decision period”).

If the authority decide to refer the counter-notice to the Upper

Tribunal they must do so within the decision period.

If the authority do not serve notice of a decision within the

decision period they are to be treated as if they had served notice

of a decision to withdraw the notice to treat at the end of that

period.

If the authority serve notice of a decision to accept the

counter-notice, the compulsory purchase order and the notice to

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treat are to have effect as if they included the owner’s interest in

the house, building or factory.

Determination by Upper Tribunal

On a referral under paragraph 7 the Upper Tribunal must

determine whether the acquisition of the right would—

(a)

in the case of a house, building or factory, cause material

detriment to the house, building or factory, or

(b)

in the case of a park or garden, seriously affect the amenity

or convenience of the house to which the park or garden

belongs.

In making its determination, the Upper Tribunal must take into

account—

(a)

the effect of the acquisition of the right,

(b)

the proposed use of the right, and

(c)

if the right is proposed to be acquired for works or other

purposes extending to other land, the effect of the whole

of the works and the use of the other land.

If the Upper Tribunal determines that the acquisition of the right

would have either of the consequences described in paragraph

10 it must determine how much of the house, building or factory

the authority ought to be required to take.

If the Upper Tribunal determines that the authority ought to be

required to take some or all of the house, building or factory the

compulsory purchase order and the notice to treat are to have

effect as if they included the owner’s interest in that land.

(1)

If the Upper Tribunal determines that the authority ought to be

required to take some or all of the house, building or factory, the

authority may at any time within the period of 6 weeks beginning

with the day on which the Upper Tribunal makes its

determination withdraw the notice to treat in relation to that land.

(2)

If the acquiring authority withdraws the notice to treat under

this paragraph they must pay the person on whom the notice

was served compensation for any loss or expense caused by the

giving and withdrawal of the notice.

(3)

Any dispute as to the compensation is to be determined by the

Upper Tribunal.”

(1)

The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state

the effect of a deed poll executed in various circumstances where there is

no conveyance by persons with interests in the land) are to be read as if

they were modified in accordance with sub-paragraph (3) .

(2)

The provisions are—

(a)

section 9(4) (failure of owners to convey),

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(b)

paragraph 10(3) of Schedule 1 (owners under incapacity),

(c)

paragraph 2(3) of Schedule 2 (absent and untraced owners), and

(d)

paragraphs 2(3) and 7(2) of Schedule 4 (common land).

(3)

The provisions are to be read as if they were modified so as to secure that,

as against persons with interests in the land which are expressed to be

overridden by the deed, the right which is to be acquired compulsorily is

vested absolutely in the acquiring authority.

Section 11 of CPA 1965 (powers of entry) is to be read as if it were modified

so as to secure that, where the acquiring authority have served notice to

treat in respect of any right as well as the notice required by subsection

(1) of that section (as it applies to a compulsory acquisition under section

83 ), they have power, exercisable in the same circumstances and subject to

the same conditions, to enter for the purpose of exercising that right; and

sections 11A (powers of entry: further notices of entry), 11B (counter-notice

requiring possession to be taken on specified date), 12 (penalty for

unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s

warrant in the event of obstruction) of that Act are modified accordingly.

Section 20 of CPA 65 (compensation for short-term tenants) is to be read

as if it were modified so as to secure that persons with such interests as

are mentioned in that section are compensated in a manner corresponding

to that in which they would be compensated on a compulsory purchase

of the interests but taking into account only the extent (if any) of such

interference with such interests as is actually caused, or likely to be caused,

by the exercise of the right concerned.

Section 22 of CPA 65 (protection of acquiring authority’s possession of land

where by inadvertence an interest in the land has not been purchased) is

to be read as if it were modified so as to enable the acquiring authority,

in circumstances corresponding to those referred to in that section, to

continue to be entitled to exercise the right concerned, subject to compliance

with that section as respects compensation.

New rights: application of the Compulsory Purchase (Vesting Declarations) Act 1981

The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A

1981”) applies to the compulsory acquisition of new rights under section

83 —

(a)

with the modifications specified in paragraph 16 ; and

(b)

with such other modifications as may be necessary.

(1)

The modifications of CP(VD)A 1981 referred to in paragraph 15 (a) are as

follows.

(2)

References to CPA 1965 are, in appropriate contexts, to be read (according

to the requirements of the particular context) as referring to, or as including

references to—

(a)

the right acquired or to be acquired; or

(b)

the land over which the right is, or is to be, exercisable.

Page 171

(3)

References to CPA 1965 are to be read as references to that Act as it applies

to the compulsory acquisition of a right under section 83 .

(4)

Section 8(1) (vesting, and right to enter and take possession) is to be read

as securing that—

(a)

a general vesting declaration in respect of any right vests the right

in the acquiring authority on the vesting date; and

(b)

as from the vesting date, the acquiring authority has power,

exercisable in the same circumstances and subject to the same

conditions, to enter land for the purpose of exercising that right as

if the circumstances mentioned in paragraph (a) and (b) of section

8(1) had arisen.

(5)

Section 9(2) (right of entry under section 8(1) not exercisable in respect of

land subject to certain tenancies unless notice has been served on occupiers

of the land) is to be read as requiring a notice served by the appropriate

authority under that provision to refer to the authority’s intention to enter

land specified in the notice in order to exercise the right.

(6)

In section 10(1) (acquiring authority’s liability on vesting of the land), the

reference to the acquiring authority’s taking possession of the land under

section 11 of CPA 1965 is to be read as a reference to the authority’s

exercising the power to enter the land under that provision as modified

by paragraph 12 of this Schedule.

(7)

Schedule A1 (counter-notice requiring purchase of land not in general

vesting declaration) is to be read as if—

(a)

in paragraph 1(1), for “part only of” there were substituted “only

the acquisition of a right over”;

(b)

paragraph 1(2) were omitted;

(c)

references to the land proposed to be acquired were (subject to

paragraph (e) below) to the right proposed to be acquired;

(d)

references to the additional land were to the house, building or

factory over which the right is proposed to be exercisable;

(e)

in paragraphs 14 and 15, references to the severance of land

proposed to be acquired were to the acquisition of the right; and

(f)

in paragraph 15, after “in addition to” there were inserted “or in

substitution for”.

New rights: compensation

(1)

The enactments relating to compensation for the compulsory purchase of

land apply—

(a)

with the modification specified in paragraph 18 , and

(b)

with such other modifications as are necessary,

in relation to the acquisition of new rights under section 83 as they apply

to compensation for the compulsory purchase of land.

(2)

Sub-paragraph (1) is without prejudice to the generality of paragraph 8 .

Page 172

Section 5A (relevant valuation date) of the Land Compensation Act 1961

is to be read as if for subsections (5A) and (5B) there were substituted—

“(5A)

If—

(a)

the acquiring authority enters on land for the purpose of

exercising a right in pursuance of a notice of entry under

section 11(1) of the Compulsory Purchase Act 1965 (as

modified by paragraph 12 of Schedule 5 to the Planning and

Infrastructure Act 2025),

(b)

the acquiring authority is subsequently required by a

determination under paragraph 13 of Schedule 2A to the

1965 Act (as substituted by paragraph 10 of Schedule 5 to

the Planning and Infrastructure Act 2025) to acquire an

interest in the land, and

(c)

the acquiring authority enters on and takes possession of

that land,

the authority is deemed for the purposes of subsection (3)(a) to have

entered on that land when it entered on that land for the purpose

of exercising that right.

(5B)

If—

(a)

a right over land is the subject of a general vesting

declaration,

(b)

by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the

Compulsory Purchase (Vesting Declarations) Act 1981, the

declaration has effect as if it included an interest in the land,

and

(c)

the vesting date for the right is different from the vesting

date for the interest in the land,

the first of the vesting dates is deemed for the purposes of subsection

(4)(a) to be the vesting date for the whole of the land.”

Schedule 6

Section 89

Amendments relating to Part 3

Part 1

Ramsar sites: amendments to the Habitats Regulations 2017

The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)

are amended as follows.

Page 173

In regulation 3 (interpretation), in paragraph (1), after the definition of

“priority species” insert—

““Ramsar Convention” means the Convention on Wetlands of

International Importance especially as Waterfowl Habitat signed at

Ramsar on 2 February 1971, as amended by—

(a)

the Protocol known as the Paris Protocol done at Paris on 3

December 1982, and

(b)

the amendments known as the Regina Amendments adopted

at the Extraordinary Conference of the Contracting Parties

held at Regina, Saskatchewan, Canada, between 28 May and

3 June 1987;

but if that Convention is further amended after the passing of the

Planning and Infrastructure Act 2025, the references to the Ramsar

Convention in these Regulations are to be taken after the entry into

force of the further amendments as referring to that Convention as

further amended (and the reference to paragraph 1 of article 2 is, if

necessary, to be taken as referring to the appropriate successor

provision);

“Ramsar site” means a site that has been designated under paragraph

1 of article 2 of the Ramsar Convention for inclusion in the list of

wetlands of international importance referred to in that article ;”.

In regulation 24 (assessment of implications for European sites)—

(a)

in paragraph (1)(a), after “European site” insert “, or on a Ramsar

site in England”;

(b)

in the heading, at the end insert “and Ramsar sites in England”.

In regulation 25 (sites of special scientific interest which become European

sites: duty to review)—

(a)

in paragraph (1), after “European site” insert “, or within a Ramsar

site in England”;

(b)

in the heading, after “European sites” insert “or Ramsar sites in

England”.

In the italic heading before regulation 63, after “European sites” insert “,

Ramsar sites in England”.

In regulation 63 (assessment of implications for European sites and European

offshore marine sites)—

(a)

in paragraph (1), after “European site” insert “, a Ramsar site in

England”;

(b)

in paragraph (5), after “European site” insert “, the Ramsar site”;

(c)

in the heading, after “European sites” insert “, Ramsar sites in

England”.

In regulation 64 (considerations of overriding public interest), in paragraph

(1), after “European site” insert “, the Ramsar site”.

Page 174

In regulation 65 (review of existing decisions and consents), in paragraph

(1), after “European site” insert “, a Ramsar site”.

In regulation 67 (co-ordination where more than one competent authority

involved)—

(a)

in paragraph (3)(a), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3)(b), after “European site” insert “, a Ramsar site”.

In regulation 68—

(a)

the existing text becomes paragraph (1);

(b)

at the end insert—

“(2)

Where in accordance with regulation 64—

(a)

a plan or project is agreed to, notwithstanding a negative

assessment of the implications for a Ramsar site in England,

(b)

a decision, or a consent, permission or other authorisation,

is affirmed on review, notwithstanding such an assessment,

the appropriate authority must secure that any necessary

compensatory measures are taken to ensure that the overall

coherence of the national Ramsar site series is protected.”

In regulation 70 (grant of planning permission)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3), after “European site” insert “, a Ramsar site”.

In regulation 72 (planning permission: consideration on review), in

paragraph (3), after “European site” insert “, a Ramsar site”.

In regulation 73 (planning permission: effect of orders made on review),

in paragraph (6), after “European site” insert “, a Ramsar site”.

In regulation 75 (general development orders), in paragraph (a), after

“European site” insert “, a Ramsar site in England”.

In regulation 77 (general development orders: approval of local planning

authority), in paragraph (6), after “European site” insert “, the Ramsar site”.

In regulation 79 (special development orders), in paragraph (4)(b), after

“European site” insert “, a Ramsar site”.

In regulation 80 (local development orders), in paragraph (4)(b), after

“European site” insert “, a Ramsar site”.

In regulation 81 (neighbourhood development orders), in paragraph (4)(b),

after “European site” insert “, a Ramsar site”.

In regulation 82 (simplified planning zones)—

(a)

in paragraph (2), after “European site” insert “or a Ramsar site in

England”;

(b)

in paragraph (5)(b), after “European site” insert “, a Ramsar site”.

In regulation 83 (enterprise zones)—

Page 175

(a)

in paragraph (2), after “European site” insert “or a Ramsar site in

England”;

(b)

in paragraph (5)(b), after “European site” insert “, a Ramsar site”.

In regulation 84 (grant of development consent), in paragraph (2), after

“European site” insert “, a Ramsar site”.

In regulation 85 (development consent: review), in paragraph (1)(a), after

“European site” insert “, a Ramsar site”.

In regulation 87 (construction or improvement of highways or roads), in

paragraph (2)(b), after “European site” insert “, a Ramsar site”.

In regulation 88 (cycle tracks and other ancillary works), in paragraph

(3)(a), after “European site” insert “or a Ramsar site in England”.

In regulation 89 (consents under Electricity Act 1989: application of

assessment and review provisions)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (6), after “European site” insert “, a Ramsar site”;

(c)

in paragraph (8), after “European site” insert “, a Ramsar site”.

In regulation 93 (authorisations under Pipe-lines Act 1962: application of

assessment and review provisions)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3)(a)(ii), after “European site” insert “, a Ramsar site”;

(c)

in paragraph (4), after “European site” insert “, a Ramsar site”.

In regulation 97 (orders under Transport and Works Act 1992: application

of assessment and review provisions)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3), after “European site” insert “, a Ramsar site”;

(c)

in paragraph (4), after “European site” insert “, a Ramsar site”.

In regulation 101 (environmental permits)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (4), after “European site” insert “, a Ramsar site”.

In regulation 102 (abstraction and works authorised under water

legislation)—

(a)

in paragraph (3), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (6), after “European site” insert “, a Ramsar site”.

In regulation 103 (marine works)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (4), after “European site” insert “, a Ramsar site”.

In regulation 104 (derogations in relation to nitrate pollution prevention

legislation), in paragraph (2), after “European site” insert “, a Ramsar site”.

In regulation 105 (assessment of implications for European sites and

European offshore marine sites)—

Page 176

(a)

in paragraph (1)(a), after “European site” insert “, a Ramsar site in

England”;

(b)

in paragraph (4), after “European site” insert “, the Ramsar site”;

(c)

in the heading, after “European sites” insert “, Ramsar sites”.

In regulation 106 (assessment of implications for European site:

neighbourhood development plans)—

(a)

in paragraph (3), after “European site” insert “or Ramsar site”;

(b)

in the heading, for “site” substitute “sites and Ramsar sites”.

In regulation 107 (considerations of overriding public interest), in paragraph

(1), after “European site” insert “, the Ramsar site”.

In regulation 108 (co-ordination for land use plan prepared by more than

one authority)—

(a)

in paragraph (3)(a), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3)(b), after “European site” insert “, a Ramsar site”.

In regulation 109 (compensatory measures)—

(a)

the existing text becomes paragraph (1);

(b)

at the end insert—

“(2)

Where in accordance with regulation 107 a land use plan is

given effect notwithstanding a negative assessment of the

implications for a Ramsar site, the appropriate authority must secure

that any necessary compensatory measures are taken to ensure that

the overall coherence of the national Ramsar site series is protected.”

Part 2

Minor and consequential amendments related to Part 3

Wildlife and Countryside Act 1981

(1)

Section 16 of the Wildlife and Countryside Act 1981 (power to grant

licences) is amended as follows (see also section 109 (2) (extent of this

paragraph is England and Wales only)).

(2)

After subsection (6) insert—

“(6A)

The maximum period for the validity of a licence set out in

subsection (6)(b) does not apply to—

(a)

a licence granted to Natural England to facilitate the carrying

out of any conservation measures within the meaning of

Part 3 of the Planning and Infrastructure Act 2025, or

(b)

a licence that, by virtue of paragraph 5 of Schedule 4 to that

Act, is treated as having been granted to a developer under

subsection (3).”

Page 177

(3)

After subsection (8) insert—

“(8ZA)

In this section, in the case of a licence granted to Natural England

under subsection (3) to facilitate the carrying out of any conservation

measures within the meaning of Part 3 of the Planning and

Infrastructure Act 2025, “the appropriate authority” means the

Secretary of State.”

(4)

In subsection (8A), at the end insert “, but this is subject to subsection

(8ZA).”

(5)

In subsection (9), in the words before paragraph (a), after “subsections”

insert “(8ZA),”.

Town and Country Planning Act 1990

The Town and Country Planning Act 1990 is amended as follows.

In section 74A (deemed discharge of planning conditions), in subsection

(2A)—

(a)

after “to” insert “—

(a)

;

(b)

at the end insert “, or

“(b)

a condition that Natural England has requested under

Part 3 of the Planning and Infrastructure Act 2025

(see sections 55 (7) and 88 of that Act).”

In section 100ZA (restrictions on power to impose planning conditions in

England), in subsection (6), after “apply” insert “—

“(a)

in relation to a condition that Natural England has requested

under Part 3 of the Planning and Infrastructure Act 2025

(see sections 55 (7) and 88 of that Act), or

(b)

Protection of Badgers Act 1992

(1)

Section 10 of the Protection of Badgers Act 1992 (licences) is amended as

follows (see also section 109 (2) (extent of this paragraph is England and

Wales only)).

(2)

In subsection (1)—

(a)

in paragraph (d), for “to interfere with a badger sett” substitute “to

kill or take badgers in England, or to interfere with a badger sett,”;

(b)

after paragraph (f) insert—

“(fa)

in England, for the purpose of preserving public

health or safety or for reasons of overriding public

interest, to kill or take badgers, or to interfere with

a badger sett, within an area specified in the licence

by any means so specified.”

Page 178

(3)

After subsection (1) insert—

“(1A)

In the case of a licence granted to Natural England to facilitate the

carrying out of any conservation measures within the meaning of

Part 3 of the Planning and Infrastructure Act 2025, the reference in

subsection (1) to the appropriate conservation body is to be read as

a reference to the Secretary of State.”

(4)

In subsection (2)—

(a)

in paragraph (d), for “to interfere with a badger sett” substitute “to

kill or take badgers in England, or to interfere with a badger sett,”;

(b)

at the end insert—

“(e)

in England, for the purpose of preserving public

health or safety or for reasons of overriding public

interest, to kill or take badgers, or to interfere with

a badger sett, within an area specified in the licence

by any means so specified.”

(5)

After subsection (2) insert—

“(2A)

In the case of a licence that, by virtue of paragraph 6 of Schedule

4 to the Planning and Infrastructure Act 2025, is treated as having

been granted to a developer under subsection (2)(d) or (e), the

reference in subsection (2) to the appropriate Minister is to be read

as a reference to Natural England.”

(6)

In subsection (6), for “or (d)” substitute “, (d) or (e)”.

(7)

After subsection (8) insert—

“(8A)

A licence granted under this section in relation to an area in

England—

(a)

may be, to any degree, general or specific;

(b)

may be granted either to persons of a class or to a particular

person;

(c)

may be modified at any time by the authority by whom it

was granted;

(d)

is to be valid for the period specified in the licence.

(8B)

A fee may be charged for granting a licence in relation to an area

in England under this section.”

(8)

After subsection (9) insert—

“(9A)

Natural England or the Secretary of State must not grant a licence

under this section in relation to an area in England unless satisfied—

(a)

that there is no other satisfactory solution, and

(b)

that the grant of the licence is not detrimental to the survival

of any population of badgers.”

Page 179

Environmental Assessment of Plans and Programmes Regulations 2004

In the Environmental Assessment of Plans and Programmes Regulations

2004 (S.I. 2004/1633), in regulation 5 (environmental assessment for plans

and programmes: first formal preparatory act on or after 21st July 2004),

in paragraph (5) (plans in relation to which assessments are not required

under the regulations), after paragraph (a) insert—

“(aa)

an environmental delivery plan, within the meaning of Part 3 of

the Planning and Infrastructure Act 2025;”.

Conservation of Habitats and Species Regulations 2017

The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)

are amended as follows.

In regulation 9 (duties relating to compliance with the Directives)—

(a)

after paragraph (2) insert—

“(2A)

Paragraph (1) does not apply to functions exercisable under

or by virtue of Part 3 of the Planning and Infrastructure Act 2025

(development and nature recovery).”;

(b)

after paragraph (3) insert—

“(3A)

Paragraph (3) does not apply to functions exercised by a

competent authority in connection with an environmental delivery

plan within the meaning of Part 3 of the Planning and Infrastructure

Act 2025.”

In regulation 55 (licences for certain activities relating to animals or plants),

after paragraph (10) insert—

“(10A)

The maximum time period for a licence set out in paragraph (10)

does not apply to—

(a)

a licence granted to Natural England to facilitate the carrying out

of any conservation measures within the meaning of Part 3 of the

Planning and Infrastructure Act 2025, or

(b)

a licence that, by virtue of paragraph 4 of Schedule 4 to the

Planning and Infrastructure Act 2025, is treated as having been

granted to a developer under regulation 55.”

In regulation 58 (relevant licensing body)—

(a)

in paragraph (2), at the beginning insert “Subject to paragraph (2A),”;

(b)

after paragraph (2) insert—

“(2A)

In the case of a licence granted to Natural England under

regulation 55(1) for a purpose specified in any of paragraph (2)(a)

to (d) of that regulation, to facilitate the carrying out of any

conservation measures, “relevant licensing body” means the Secretary

of State.”;

Page 180

(c)

in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;

(d)

after paragraph (4) insert—

“(4A)

In the case of a licence that, by virtue of paragraph 4 of

Schedule 4 to the Planning and Infrastructure Act 2025, is treated

as having been granted to a developer under regulation 55(1) for

any of the purposes specified in regulation 55(2)(e) to (g), “relevant

licensing body” means—

(a)

so far as the licence relates to the restricted English inshore

region, the Marine Management Organisation; and

(b)

otherwise, Natural England.”;

(e)

in paragraph (6), for “paragraph (2)” substitute “this regulation”;

(f)

at the end insert—

“(7)

In paragraph (2A), “conservation measure” has the same

meaning as in Part 3 of the Planning and Infrastructure Act 2025

(development and nature recovery).”

In regulation 62 (application of the provisions of Chapter 1 of Part 6), after

paragraph (1) insert—

“(1A)

But the requirements of the assessment provisions and the review

provisions do not apply in relation to an environmental delivery plan or

any conservation measures under it.

(1B)

In paragraph (1A), “environmental delivery plan” and “conservation

measures” have the same meaning as in Part 3 of the Planning and

Infrastructure Act 2025 (development and nature recovery).”

In regulation 63 (assessment of implications for European sites etc), in

paragraph (7), at the end insert—

“See also paragraph 1 of Schedule 4 to the Planning and Infrastructure Act

2025 (environmental delivery plans: effect on environmental obligations).”

Sort by: Group by:

Amendments

Opposition Amendment 53IA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 33, page 49, line 1, at end insert—
“(2) After section 250(8) of the Highways Act 1980, insert—
“(9) Any compulsory purchase order made in exercise of powers under this Act that includes the right to take temporary possession or occupation of land must specify the maximum duration of such temporary possession or occupation, the mechanism for establishing compensation, and the condition in which the land is to be returned to the landowner.”
(3) Before the powers in this section are implemented, the Secretary of State must publish guidance on the procedure for temporary acquisition, acceptable durations, calculation of compensation, and further compensation if the land is not returned in the agreed condition.”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Amendment 242B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 1, at end insert—
“(2A) In the five years following the coming into force of this section, EDPs may only apply to nutrient neutrality, and other matters which the Secretary of State determines are appropriately dealt with at the scale of an EDP.
(2B) After the period of five years following the coming into force of this section, provisions may be made that concern wildlife and other more local concerns, but the Secretary of State may not make more than five such EDPs in any year.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that the EDP process has time to bed in in uncontroversial areas, and that its further development is not rushed.

Amendment 94FA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Electrical or communications cables under land in active agricultural use
(1) Where a development involves the laying of electrical or communications cables under land currently in active agricultural use, such cables must be buried to a minimum depth of 2 metres from the surface level and deeper if required to avoid any watering system or network required for agricultural use.
(2) For the purposes of this section, “active agricultural use” includes any land used for planting trees that are to be used as commercial resource.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Opposition Amendment 94FB

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 48, page 61, line 3, leave out “or require”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the Government’s intentions in seeking the power to require a local planning authority to set the level of fees for planning decisions.

Opposition Amendment 94FC

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 48, page 61, line 5, leave out “or require”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the Government’s intentions in seeking the power to require the Mayor of London to set the level of fees for planning decisions.

Amendment 243

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 3, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Opposition Amendment 1

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was WITHDRAWN

Before Clause 1, insert the following new Clause—
“Purpose of this Act
The purpose of this Act is to—
(a) accelerate the delivery of new homes and critical infrastructure,
(b) improve the planning and consenting processes,
(c) support nature recovery through more effective development and restoration, and
(d) increase community acceptability of infrastructure and development.”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 01 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Amendment 8

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 1, page 2, line 4, at end insert—
“(4B) The Secretary of State must ensure that in each review—
(a) maximum deadlines are set for statutory consultations to be completed for proposed developments which are classified as Nationally Significant Infrastructure Projects,
(b) if no response is received from a statutory consultee within the period specified in paragraph (a), it must be taken to mean that the statutory consultee as consented to the proposal, and
(c) benchmarking is published alongside the review to compare UK performance with other countries in relation to the cost and timing of developments classified as Nationally Significant Infrastructure Projects encompassed within the review.”

Type: Backbencher

Signatures: 2

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to provide further detail about the review of national policy statements with the intention of improving the clarity and speed of the planning process.

Opposition Amendment 244

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 6, leave out “an” and insert “a significant”

Type: Opposition

Signatures: 1

Baroness Grender (LD - Life peer) - 27 Jun 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would require that an improvement made to the conservation status of an identified environmental feature within environmental delivery plans should be significant.

Opposition Amendment 94G

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 48, page 61, line 13, at end insert—
“(ba) the requirement for proportionality in the level of the fee or charge, based on the nature and size of the development to which the fee or charge will apply;”

Type: Opposition

Signatures: 1

Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Member's explanatory statement

This amendment would require that any fee or charge set out in regulations is proportionate to the nature and size of the development it applies to.

Amendment 244A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 6, leave out “overall” and insert “evidence-based”

Type: Backbencher

Signatures: 1

Lord Randall of Uxbridge (Con - Life peer) - 03 Jul 2025

Amendment 95

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

Clause 48, page 61, line 27, at end insert, “but may also include the cost of enforcement functions.”

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 26 Jun 2025

Member's explanatory statement

Clause 48 enables local planning authorities to set their own planning charges at a level up to, but not exceeding, cost recovery for planning applications for which a fee is payable. The Bill’s explanatory notes state that enforcement activity would not be covered. This amendment would allow the cost of enforcement measures, such as checking whether any specified flood mitigation or resilience measures have been installed adequately, to be included in the fees.

Opposition Amendment 9

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 1, page 2, line 17, leave out “exceptional circumstances” and insert “significant, unforeseen events beyond the control of the Secretary of State”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment probes what is meant by exceptional circumstances, in order to clarify intent and ensuring ministerial flexibility in national emergencies.

Amendment 10

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

Clause 2, page 3, line 20, after “subsections” insert “(1A),”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 01 Jul 2025

Amendment 245

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 7, at end insert—
“(c) comply with the principles of the mitigation hierarchy.”

Type: Backbencher

Signatures: 3

Lord Gascoigne (Con - Life peer) - 02 Jul 2025
Baroness Young of Old Scone (Lab - Life peer) - 02 Jul 2025
Baroness Parminter (LD - Life peer) - 02 Jul 2025

Opposition Amendment 96

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 48, page 61, line 27, at end insert “, and gives due regard to guidance on archaeological and other services essential for the delivery of planning functions that may be delivered by other local authorities.”

Type: Opposition

Signatures: 1

Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Member's explanatory statement

This amendment would ensure that guidance which goes out to local planning authorities about assessing the correct level of charges includes a reminder/recommendation that inputs from other authorities are included to ensure that external services are correctly funded in this way.

Opposition Amendment 97

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 48, page 61, line 27, at end insert—
“(8BA) No fee or charge shall be required by a local planning authority in England, the Mayor of London or a specified person in relation to an application for Listed Building Consent.”

Type: Opposition

Signatures: 3

Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Lord Inglewood (XB - Excepted Hereditary) - 03 Jul 2025
Lord Harlech (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment would ensure that listed building consent remains free to owners of listed buildings who maintain England’s heritage.

Government Amendment 245A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 7, at end insert—
“(3A) An EDP must set out the anticipated sequencing of the implementation of the conservation measures by reference to the development to which the EDP applies.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would require Natural England to include in an EDP an indication of the sequencing of the conservation measures vis-a-vis the development.

Amendment 11

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 2, page 3, line 20, at end insert—
“(1A) In section 5 (national policy statements), omit subsection (4)(a).”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This to ensure that Parliament through the House of Commons formally approves the NPS by resolution rather than non-resolution; this reflects that in the House of Commons, it is not straightforward for backbenchers or the Opposition to timetable appropriate resolutions within the required scrutiny period. This was introduced via the Localism Act, so is being rescinded, as are other Government amendments in this Part.

Amendment 12

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 2, page 3, line 24, leave out paragraph (c)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Amendment 98

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 48, page 63, line 2, at end insert—
“(7) In section 303ZA of the Town and Country Planning Act 1990 (fees for appeals), after subsection (3) insert—
“(3A) Any monies collected and regulations made under this section in relation to the Planning Inspectorate must be for the sole purpose of being used in connection with its functions in relation to appeals under this Act and the Planning (Listed Buildings and Conservation Areas) Act 1990.”.”

Type: Backbencher

Signatures: 1

Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would enable the existing provision for the Planning Inspectorate to be able to charge appeal fees to be brought into effect in a way that ensures the Planning Inspectorate obtains the benefit of such fees, thereby reinforcing its resources and operational bandwidth.

Opposition Amendment 246

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 8, leave out subsection (4) and insert—
“(4) An EDP passes the overall improvement test if the conservation measures will be sufficient to significantly and measurably outweigh the negative effect caused by the environmental impact of development on the conservation status of each identified environmental feature and to achieve a significant environmental improvement.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendments strengthens overall improvement test that conservation measures must significantly and measurably outweigh any negative impacts to improve the conservation status of identified features.

Government Amendment 246A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 9, leave out “, if Natural England considers it appropriate,”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment to clause 55 inserting a new subsection (4A).

Amendment 99

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 48, page 63, line 2, at end insert—
“(7) In section 303ZA(2) of the Town and Country Planning Act 1990 (fees for appeals), after paragraph (a) insert—
“(aa) make provision for optional fees payable by appellants in return for an appeal process in which, notwithstanding section 319A (determination of procedure for certain proceedings: England), the appellant has the right to elect for its appeal to be heard at public local inquiry, and the determination of which shall be no longer than five months after the appeal was made unless the Appellant agrees otherwise in writing;”.”

Type: Backbencher

Signatures: 1

Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would enable provision to be made for the Planning Inspectorate to operate an optional fee-paid bespoke fast track appeal process which would generate funding for the Planning Inspectorate.

Amendment 13

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 2, page 3, line 33, leave out subsection (3)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment seeks to prevent the removal of a requirement for the Government to reply to any resolutions by Parliament or recommendations from a select committee.

Amendment 247

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 9, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 14

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 2, page 4, line 31, leave out “or begun”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Opposition Amendment 99ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 49, page 63, leave out lines 36 to 39

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the imposition of surcharges and the process by which the Secretary of State will calculate them to ensure the income from the surcharge does not exceed the relevant costs incurred by the listed person.

Amendment 99A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 50, page 64, line 26, at end insert—
“(1A) Training for all members of local planning authorities must include specific training on the role of design for the external appearance of developments as it relates to their exercise of relevant planning functions.”

Type: Backbencher

Signatures: 1

Lord Thurlow (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that mandatory training for all members of local planning authorities in England includes training on design as it relates to their role in determining planning applications, particularly in the context of the built environment, character of the area, local materials, and variety of styles to break up monotony within larger housing developments.

Government Amendment 247A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 12, at end insert—
“(4A) But an EDP may include conservation measures of the type mentioned in subsection (4) only if Natural England considers that such measures would make a greater contribution to the improvement of the conservation status of the feature than measures that address the environmental impact of development on the feature at the protected site itself.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

The effect of this amendment would be that network conservation measures can only be included in an EDP if Natural England considers that they will be more effective, in contributing to the improvement of the conservation status of the affected feature, than onsite measures.

Amendment 15

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 2, page 4, line 31, leave out “(as well as after)”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Opposition Amendment 248

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 55, page 92, line 12, at end insert—
“(4A) Subsection (4) does not apply where an identified environmental feature is a protected feature of a protected site and is—
(a) a river or stream,
(b) a chalk stream, or
(c) a blanket bog.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment ensures waterways and blanket bogs would have to be protected in situ from the environmental impact of development and prevents them from being subject to the provisions which allow for the impact to be offset elsewhere.

Amendment 16

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 2, insert the following new Clause—
“Assessments of environmental principles policy statement in national policy statements
After section 5(8) of the Planning Act 2008 (national policy statements), insert—
“(8A) A national policy statement must include a section with a written assessment of how the Secretary of State has given due regard to the environmental principles policy statement as required by section 19 of the Environment Act 2021 when preparing the national policy statement.
(8B) The written assessment section under subsection (8A) must include all relevant advice provided to the Secretary of State by their Department.””

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment 99AA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 50, page 64, line 26, at end insert—
“(1A) Training for all members of local planning authorities must include an emphasis on healthy placemaking, which includes planning adequate provision of sport and physical activity spaces and facilities to meet communities’ needs.”

Type: Backbencher

Signatures: 1

Lord Moynihan (Con - Excepted Hereditary) - 03 Jul 2025

Amendment 17

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was WITHDRAWN

Clause 3, page 5, leave out lines 28 to 32

Type: Backbencher

Signatures: 3

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Baroness Scott of Bybrook (Con - Life peer) - 30 Jun 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 30 Jun 2025

Opposition Whip (Lords)

Member's explanatory statement

This is to probe why it is necessary for Government-imposed NSIPs to have no planning consent or public engagement.

Government Amendment 248A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 13, leave out subsection (5) and insert—
“(5) An EDP must include conservation measures that are not, at the time the EDP is made, expected to be needed but which must be implemented in the circumstances set out in the EDP.
(5A) Those circumstances must relate to the effectiveness of the conservation measures that have already been implemented, as revealed by the monitoring of the EDP (see section 76(4)(a)).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would require Natural England to include backup conservation measures in an EDP, in case the primary ones prove to be ineffective, and to specify the circumstances in which the backup measures will be implemented. (See also my amendment to clause 76 inserting a new subsection (4) about monitoring.)

Amendment 100

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 50, page 64, line 36, at end insert—
“(3A) Regulations under subsection (1) must require that prescribed training includes material on—
(a) climate change and biodiversity literacy training, and
(b) ecological surveying including botanical and mycological surveying.”

Type: Backbencher

Signatures: 3

Baroness Boycott (XB - Life peer) - 03 Jul 2025
Earl of Caithness (Con - Excepted Hereditary) - 03 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment states that mandatory training for members of planning committees and planning officers must include climate and biodiversity and enhanced ecological literacy training.

Amendment 101

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 50, page 65, line 11, insert “and to National Highways, local highway authorities and Integrated Transport Authorities”

Type: Backbencher

Signatures: 2

Baroness Boycott (XB - Life peer) - 03 Jul 2025
Earl of Caithness (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to clarify the local planning authorities to which mandatory training applies.

Amendment 248B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 16, leave out “overall” and insert “evidence-based”

Type: Backbencher

Signatures: 1

Lord Randall of Uxbridge (Con - Life peer) - 03 Jul 2025

Amendment 18

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

Clause 3, page 7, line 33, leave out “may by regulations” and insert “must”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 01 Jul 2025

Amendment 19

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

Clause 3, page 7, line 34, leave out “make provision about time limits for decisions about” and insert “within three months of the qualifying request, determine”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 01 Jul 2025

Amendment 249

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 20, at end insert “and monitored,
(c) the scientific basis for the conservation measure proposed,
(d) how the EDP relates to local policies and in particular local nature recovery strategies, and
(e) the timeframe required to address the environmental impact of development on the identified environmental feature (see also section 54(7)(b)),”

Type: Backbencher

Signatures: 2

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025
Lord Blencathra (Con - Life peer) - 02 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to provide greater detail around the making of an EDP.

Amendment 102

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 50, page 65, line 15, at end insert—
“(ii) a person who is an officer of a local planning authority with responsibility for making or advising on planning decisions, and
(iii) any other persons to whom decision-making functions are delegated under local authority arrangements.”

Type: Backbencher

Signatures: 1

Baroness Boycott (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment clarifies that mandatory training applies to local authority planning officers and any person who, although not an elected member of a local planning authority, has a formal responsibility for advising on or determining planning decisions.

Government Amendment 249A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 23, leave out “the”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would be a drafting correction so that subsection (6) refers to “the environmental impact of development” which is the defined term in subsection (8).

Amendment 20

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

Clause 3, page 7, line 36, leave out from “requests” to end of line 37

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 01 Jul 2025

Amendment 103

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 50, page 67, line 14, at end insert—
“319ZZBA Training: civil servants and Ministers of the Crown
(1) The Secretary of State may by regulations make provision for and in connection with the training of civil servants and Ministers of the Crown in their exercise of such relevant planning functions as are prescribed.
(2) Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”).
(3) A civil servant or Minister of the Crown who does not hold a valid certificate of completion is prohibited from exercising the prescribed relevant planning functions on behalf of the Government.
(4) Regulations under subsection (1) may, in particular—
(a) provide for accreditation by the Secretary of State of—
(i) courses of training, and
(ii) persons providing such courses;
(b) impose requirements as to record-keeping, including by imposing such requirements on a training provider.
(5) Regulations under subsection (1) must require the Department to publish on their website which of their members hold valid certificates of completion.
(6) The validity of anything done in the exercise of a prescribed relevant planning function is not affected by any breach of subsection (3).
(7) In this section—
(a) references to a civil servant are to civil servants working in the Ministry of Housing, Communities and Local Government, or any Department which carries out relevant planning functions;
(b) references to a Minister of the Crown are to Ministers working in the Ministry of Housing, Communities and Local Government, or any Department which carries out relevant planning functions.
(8) The Secretary of State may by regulations define a “relevant planning function” for the purpose of this section.”

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require civil servants and Ministers of the Crown to complete equivalent training to that required for local planning authorities and mayoral authorities by new sections 319ZZA and 319ZZB in the Town and Country Planning Act 1990, inserted by clause 50.

Amendment 21

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

Clause 3, page 7, line 38, leave out “make provision for and in connection with” and insert “publish statutory guidance about”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 01 Jul 2025

Opposition Amendment 250

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 25 after “imposed” insert “in relation to development which falls within the scope of the EDP”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment clarifies that conservation measures can only be in the form of a requirement for Natural England to seek planning conditions to be imposed on development of a type which would fall within the scope of the EDP.

Opposition Amendment 103ZZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 51, page 67, line 21, leave out “by regulations require” and insert “issue guidance that requires”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Opposition Amendment 103ZZB

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 67, line 28, leave out “regulations” and insert “guidance”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Amendment 22

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

Clause 3, page 7, line 40, at end insert—
“(1A) The Secretary of State may grant a further period of a month after the initial determination to consider further interventions before reaching a final determination.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 01 Jul 2025

Opposition Amendment 251

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 25, at end insert—
“(7A) Natural England may only accept the request under subsection (7) if Natural England is satisfied that—
(a) the developer has taken reasonable steps to appropriately apply the mitigation hierarchy, including by seeking to avoid harm wherever possible to the protected feature, and
(b) in the case of a plan or project affecting an irreplaceable habitat, a European Protected Species, or part of the National Site Network, there being no alternative solutions, the plan or project must be carried out for imperative reasons of overriding public interest.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment ensures that Natural England accepts requests only when developers have properly applied the mitigation hierarchy and justifies projects due to there being no alternative solutions and on imperative public interest grounds, especially for sensitive habitats.

Amendment 23

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 3, page 8, line 3, leave out subsection (5)

Type: Backbencher

Signatures: 3

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Baroness Scott of Bybrook (Con - Life peer) - 30 Jun 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 30 Jun 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to ensure that power generation applications go through a local or national planning application process rather than determination of the Secretary of State via a special development order.

Amendment 251A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 25, at end insert—
“(7A) A conservation measure delivered away from the development site (“offsite”) will, by virtue of a—
(a) condition subject to which the planning permission is granted,
(b) planning obligation, or
(c) conservation covenant,
be maintained in perpetuity.”

Type: Backbencher

Signatures: 1

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would prevent sites created as compensation habitat being lost to subsequent development.

Amendment 103ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 67, line 32, at end insert—
“(2A) The regulations must not allow an officer of the authority to approve any planning application which—
(a) allows building or development outside the boundaries set out in the local plan, or
(b) has a housing density for the area that is below the level prescribed in the local plan.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to prevent officers to whom decisions have been delegated from approving planning applications which would (1) require land outside of the boundary of a local plan, or (2) build at a lower density of housing than prescribed within a local plan.

Opposition Amendment 103ZB

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 67, line 33, leave out “regulations” and insert “guidance”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Opposition Amendment 252

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 55, page 92, line 29, at end insert—
“(9) For the purposes of this section, any river or stream must be treated as a protected feature of a protected site, regardless of whether it is a protected site under Section 92.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 27 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 30 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Opposition Amendment 24

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 4, page 8, line 22, leave out paragraph (a)

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Opposition Amendment 25

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 4, page 8, line 26, leave out paragraph (e)

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Opposition Amendment 253

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 29, at end insert—
“(9) Where an EDP identifies environmental features that are likely to be negatively affected by any invasive non-native species that is present at the site of the development, Natural England, or a body acting on behalf of Natural England, must take all reasonable steps to eradicate the invasive non-native species that has been identified at the site.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 27 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Kinnoull (XB - Excepted Hereditary) - 30 Jun 2025
Lord Blencathra (Con - Life peer) - 30 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to protect all environmental features identified as at risk by invasive non-native species.

Opposition Amendment 103ZC

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 67, line 37, leave out from beginning to end of line 11 on page 68

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment removes the power of the Secretary of State to make regulations relating to the size and composition of committees or sub-committees discharging relevant planning functions.

Opposition Amendment 103ZD

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 67, line 38, leave out “by regulations prescribe” and insert “issue guidance that prescribes”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Amendment 26

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was WITHDRAWN

Leave out Clause 4 and insert the following new Clause—
“Applications for development consent: consultation with Category 3 persons
(1) In the Planning Act 2008—
(a) in section 44 (categories of persons to be consulted), omit subsections (4) to (6);
(b) in section 56 of the Planning Act 2008 (notifying persons of accepted application), after subsection (9) insert—
“(10) The Secretary of State must issue guidance to applicants about how to identify persons within Category 3 (within the meaning of section 57) for the purposes of complying with their duty under subsection (2)(d) so far as relating to such persons.
(11) The guidance must be published in such manner as the Secretary of State considers appropriate.”;
(c) in Schedule 12 (application of Act to Scotland: modifications), omit 30 paragraph 5(c).
(2) In the Localism Act 2011, omit section 135(8).”

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025

Member's explanatory statement

This reinstates the requirement to consult with category 1 and 2 persons.

Amendment 253A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 29, at end insert—
“(9) The Secretary of State may, by regulations, set out—
(a) the circumstances in which an EDP, in addition to any environmental features identified pursuant to subsection (1), may be required to also be accompanied by specified biodiversity information for the area in which development is contemplated from specified organisations;
(b) those organisations from which information must be obtained pursuant to paragraph (a), and what fees those organisations may charge for the collection and retrieval of that information;
(c) what flora, fauna, or other biodiversity information that must encompass;
(d) that any new biodiversity information generated while making an EDP or for any connected purpose must be contributed at no cost to specified organisations;
(e) those organisations to which biodiversity information must be contributed pursuant to paragraph (d).”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

To ensure that planning applications use the best available biodiversity information, and that biodiversity information generated in the course of planning applications is added to the national knowledge-bank.

Amendment 253B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 29, at end insert—
“(9) In designing, creating, implementing, monitoring or enforcing any EDP, Natural England, or any other body undertaking some or all of these functions, must ensure that legal obligations concerning notifiable weeds under the Weeds Act 1959 and the associated Code of Practice, including ragwort, are publicised, observed and enforced, including ensuring that all reasonable steps are taken to remove and destroy such plants.”

Type: Backbencher

Signatures: 1

Lord Cromwell (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment clarifies the legal obligation on landowners and occupiers to report, control and remove notifiable weeds on land acquired for an EDP. The amendment specifically refers to ragwort, which is poisonous to livestock and has spread rapidly in recent years.

Amendment

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was STOOD PART

Baroness Coffey gives notice of her intention to oppose the Question that Clause 4 stand part of the Bill.

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Opposition Amendment 103ZE

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 68, line 6, leave out “regulations” and insert “guidance”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Opposition Amendment 103ZF

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 68, line 14, leave out “regulations”, and insert “guidance”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Amendment 27

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was NOT MOVED

Clause 5, page 8, line 31, leave out subsections (2) and (3)

Type: Backbencher

Signatures: 2

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025
Baroness Coffey (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment, connected with others in the name of Baroness McIntosh of Pickering, seeks to reinstate the requirement to consult with category 1 and 2 persons.

Amendment 253C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 55, page 92, line 29, at end insert—
“(9) An EDP must not disrupt existing arrangements for the liability to or provision of offset for biodiversity net gain.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to probe the intersection of EDPs and biodiversity net gain.

Amendment 28

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 5, page 9, line 4, leave out “for subsection (1) substitute” and insert “after subsection (1) insert”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 55 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 103ZG

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 68, line 24, leave out “Regulations” and insert “Guidance”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Amendment 254

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

After Clause 55, insert the following new Clause—
“Designation of chalk streams as protected sites
Within six months of the day on which this Act is passed, the Secretary of State must designate all chalk streams as protected sites under section 55.”

Type: Backbencher

Signatures: 4

Viscount Trenchard (Con - Excepted Hereditary) - 30 Jun 2025
Lord Roborough (Con - Excepted Hereditary) - 30 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025
Lord Bishop of Hereford (Bshp - Bishops) - 30 Jun 2025

Member's explanatory statement

This amendment would require the Secretary of State to designate chalk streams as protected sites for the purposes of Clause 55 of the Bill.

Opposition Amendment 29

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 5, page 9, leave out line 7

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the hierarchy of considerations and understand what other information may be prescribed, and whether there will be limits to this.

Opposition Amendment 103A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 68, leave out lines 31 to 33

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment probes the rationale for making guidance on the scope, size and composition of the national scheme of delegation subject to regulation, rather than setting it out in primary legislation.

Opposition Amendment 30

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

Clause 5, page 9, leave out line 10

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 02 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 02 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment and another in the name of the Baroness Scott of Bybrook seeks to probe the hierarchy of considerations and understand what other information may be prescribed, and whether there will be limits to this.

Amendment 255

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

After Clause 55, insert the following new Clause—
“Protected species not suitable for inclusion in an EDP
(1) The Joint Nature and Conservation Committee (JNCC) must publish a list of protected species which would not be suitable for inclusion in an EDP under section 55(2)(b) because their inclusion would be unlikely to contribute to the overall improvement in their conservation status.
(2) The JNCC assessment required under subsection (1) may consider among other criteria—
(a) the tendency of a species to be loyal to a specific site,
(b) the difficulty in translocating a particular species to a new location, and
(c) the need for a site-specific assessment to be undertaken in order to assess the presence of a species.
(3) The list required under subsection (1) must be published by the end of June 2026.”

Type: Backbencher

Signatures: 3

Lord Gascoigne (Con - Life peer) - 02 Jul 2025
Lord Blencathra (Con - Life peer) - 02 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Willis of Summertown (XB - Life peer) - 02 Jul 2025

Opposition Amendment 103AA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 68, line 31, leave out “regulations” and insert “guidance”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Opposition Amendment 31

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 5, page 9, leave out line 16

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

Opposition Amendment 256

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 56, page 92, line 37, at end insert—
“(4) When considering the rates or other criteria to be set out in a charging schedule in the course of preparing an EDP, Natural England must not include any potential capital costs for the purposes of acquiring land.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment prevents Natural England from including Compulsory Purchase Order costs within their budgeting for an EDP.

Opposition Amendment 103B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 68, leave out lines 34 to 37

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 56 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 32

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was NOT MOVED

Clause 5, page 9, line 28, leave out paragraph (b)

Type: Backbencher

Signatures: 2

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025
Baroness Coffey (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment, connected with others in the name of Baroness McIntosh of Pickering, seeks to reinstate the requirement to consult with category 1 and 2 persons.

Opposition Amendment 103C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 68, line 35, leave out “regulations” and insert “guidance”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Opposition Amendment 103D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 68, line 40, leave out “making regulations”, and insert “issuing guidance”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment and others in the name of Baroness Pinnock change the provision of regulations in Clause 51 to guidance issued by the Secretary of State.

Amendment 256ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 2, leave out subsections (1) and (2) and insert—
“(1) An EDP must—
(a) describe the conservation status of each identified environmental feature as at the EDP start date, and
(b) set out conservation measures that have taken all reasonable steps to avoid harm to environmental features first, mitigate harm to environmental features if avoidance of harm is not reasonably practicable, or, as a last resort, compensate for harm to environmental features.
(2) An EDP must set out—
(a) how the conservation measures have insofar as is reasonably practicable followed the mitigation hierarchy as set out in section 57(1)(b),
(b) why the conservation measures are considered appropriate, and
(c) what alternatives to the conservation measures were considered by Natural England and why they were not included.”

Type: Backbencher

Signatures: 3

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025
Baroness Parminter (LD - Life peer) - 03 Jul 2025
Baroness Willis of Summertown (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

As currently drafted, the Bill does not apply the mitigation hierarchy to the conservation measures set out in EDPs drafted by Natural England. The amendment seeks to ensure Natural England would first consider measures to avoid or mitigate damage to protected habitats before favouring the provision of compensation (replacement) habitats.

Opposition Amendment 33

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 5, page 9, leave out lines 32 to 41

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe whether the provisions in this Bill will remain applicable following English council reorganisation, and whether the Government has considered the potential need to revisit or revise the Bill in light of such changes.

Amendment 104

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

Clause 51, page 69, line 8, leave out from “apply” to end of line 11

Type: Backbencher

Signatures: 1

Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025

Member's explanatory statement

This is a probing amendment to ascertain why the Secretary of State should not require National Park Authorities to arrange for certain decisions to be delegated to officers.

Amendment 34

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 5, page 10, line 15, at end insert—
“(5A) In section 48 (duty to publicise), at the end of subsection (1) insert “including a deadline for receipt by the applicant of responses to the publicity”.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Government Amendment 256A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 5, leave out “the conservation measures are considered” and insert “Natural England considers the conservation measures to be”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This would be a minor drafting change to align the style of paragraph (a) of clause 57(2) with that of paragraph (aa) (as inserted by my another of my amendments to clause 57) and paragraph (b).

Government Amendment 256B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 5, at end insert—
“(aa) Natural England’s opinion on how the conservation measures will enable the EDP to pass the overall improvement test, and”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would require an EDP to expressly state how Natural England considers the conservation measures will enable the EDP to pass the overall improvement test.

Amendment 35

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was NOT MOVED

Clause 5, page 10, line 16, leave out subsections (6) to (8)

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025

Member's explanatory statement

This amendment, connected with others in the name of Baroness McIntosh of Pickering, seeks to reinstate the requirement to consult with category 1 and 2 persons.

Amendment 105

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 51, page 69, line 24, at end insert—
“(3) In section 333 of the Town and Country Planning Act 1990 (regulations and orders), after subsection (3ZAA), insert—
“(3ZAB) No regulations may be made under sections 319ZZC or 319ZZD unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.””

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require that the regulations for a national scheme of delegation of planning decisions should be made by an affirmative resolution procedure.

Opposition Amendment 36

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 5, page 10, leave out lines 19 to 24 and insert—
“(1) The Secretary of State must issue guidance setting out best practice for voluntary engagement by applicants with—
(a) local authorities,
(b) statutory consultees, and
(c) affected communities,
in connection with proposed applications for orders granting development consent.
(2) The guidance under subsection (1) may include—
(a) principles of proportionate engagement based on the scale and impact of the proposed development,
(b) recommended steps for communicating with relevant stakeholders, and
(c) examples of information that may be shared voluntarily at the pre-application stage.
(3) An applicant is encouraged, but not required, to demonstrate how they have had regard to the guidance issued under this section.
(4) A local planning authority may publish advisory expectations for engagement with applicants in its area, provided that—
(a) such expectations are not legally binding, and
(b) do not impose or purport to impose statutory duties or conditions on applicants.”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe what guidance the Government might publish in place of that previously issued under sections 42 to 49 of the Planning Act 2008, repealed by this Bill. It makes provision for voluntary guidance, which seeks to reduce regulatory burdens on applicants and aims to preserve flexibility.

Amendment 257

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 7, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Opposition Amendment

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 51 stand part of the Bill.

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This would remove the provision allowing for the delegation of planning decisions in England. Specifically, it would prevent the Secretary of State from making regulations that would specify which planning functions may be delegated to planning officers.

Amendment 258

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 7, at end insert—
“(c) which private market solutions were explored to address an environmental impact on an identified environmental feature, and why no existing and available private market solution was deemed sufficient or suitable.”

Type: Backbencher

Signatures: 2

Lord Curry of Kirkharle (XB - Life peer) - 03 Jul 2025
Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment, connected to others in the name of Lord Curry of Kirkharle, seeks to ensure that private market solutions can contribute to the implementation of Part 3 of the Bill, ensuring that developers can pursue mitigation strategies on their own sites and that private sector investment in nature is protected.

Opposition Amendment 106

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“New car parks to include solar panels
(1) No local planning authority may approve an application for the building of an above-ground car park which does not make the required provision of solar panels.
(2) The required provision of solar panels is an amount equivalent to 50% of the surface area of the car park.”

Type: Opposition

Signatures: 2

Baroness Pidgeon (LD - Life peer) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Transport)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025

Member's explanatory statement

This new clause would require solar panels to be provided with all new car parks.

Opposition Amendment 37

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 5, page 10, line 24, at end insert—
“(3) Any guidance issued under this section must be reviewed by the Secretary of State within two years of its publication, and may be revised or withdrawn where the Secretary of State reasonably considers it to be no longer necessary.”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks probe the contents of these regulations and to keeps regulations lean and time-limited.

Amendment 107

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Applications for development consent: modelling and simulation
In section 42 of the Planning Act 2008 (duty to consult), after subsection (2) insert—
“(3) In conducting a consultation under subsection (1), the applicant must provide and publish a digital twin model and simulation of the proposed development.
(4) In this section, a “digital twin model and simulation” must—
(a) be constructed to a standard at least equivalent to Building Information Modelling Level 3 (BIM 3) as defined or recognised by the Secretary of State,
(b) include a virtual replica of all principal physical and environmental features of the development and its site,
(c) simulate anticipated impacts on land, water, air, biodiversity, transport infrastructure and the built environment, and
(d) describe the data sources, assumptions, validation methodology, and range of scenarios tested.
(5) The Secretary of State may by regulations—
(a) define technical standards for digital twin and simulation methodologies;
(b) determine what constitutes compliance with BIM 3.”.”

Type: Backbencher

Signatures: 3

Baroness Miller of Chilthorne Domer (LD - Life peer) - 26 Jun 2025
Lord Lucas (Con - Excepted Hereditary) - 26 Jun 2025
Viscount Hanworth (Lab - Excepted Hereditary) - 26 Jun 2025

Member's explanatory statement

This new Clause requires that applicants for Development Consent Orders provide and publish a digital twin model, meeting at least Building Information Modelling Level 3 standards, as part of the consultation process.

Amendment 38

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 5, page 10, leave out lines 25 to 27

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Amendment 258A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 57, page 93, line 7, at end insert—
“(c) how the conservation measures comply with the principles of the mitigation hierarchy.”

Type: Backbencher

Signatures: 2

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025
Baroness Parminter (LD - Life peer) - 03 Jul 2025

Government Amendment 258B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 7, at end insert—
“(2A) Where an EDP includes conservation measures of the type mentioned in section 55(4) (network conservation measures), it must state how, in the opinion of Natural England, the measures comply with the requirement in section 55(4A) (network measure to make a greater contribution to improvement of conservation status of the feature than onsite measure).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would require that, where an EDP includes network conservation measures, it must state how Natural England considers that these meet the requirement in section 55(4A) (inserted by my amendment to clause 55 at page 92 line 12) that they are more effective than onsite measures.

Amendment 39

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was NOT MOVED

Clause 5, page 10, line 30, leave out subsection (10)

Type: Backbencher

Signatures: 2

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025
Baroness Coffey (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment, connected with others in the name of Baroness McIntosh of Pickering, seeks to reinstate the requirement to consult with category 1 and 2 persons.

Amendment 108

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Residential buildings on floodplains
(1) Local planning authorities must not grant permission for residential properties to be built on functional floodplains or areas at high risk of flooding.
(2) An area is a functional floodplain or at high risk of flooding for the purposes of subsection (1) if the Environment Agency assesses it as a Zone 3a or 3b flood zone.”

Type: Backbencher

Signatures: 3

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 30 Jun 2025
Baroness Willis of Summertown (XB - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment seeks to ensure that local authorities cannot grant planning permission for residential properties to be built on floodplains or on areas at high risk of flooding.

Amendment 109

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Property flood resilience measures: planning permission
(1) Planning permission for the building of new homes at higher risk of flooding can only be granted if property flood resilience measures are implemented as part of the construction.
(2) For the purposes of implementing subsection (1) and within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 to require that property flood resilience measures are included in any new homes at higher risk of flooding.
(3) Property flood resilience measures under this section may include—
(a) raised electrical sockets;
(b) non-return valves on utility pipes;
(c) airbrick covers;
(d) resilient wall plaster;
(e) any other measure as the Secretary of State may specify.”

Type: Backbencher

Signatures: 3

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 30 Jun 2025
Baroness Willis of Summertown (XB - Life peer) - 30 Jun 2025

Opposition Amendment 40

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 5, page 11, line 5, leave out subsection (11)

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the Government on the technical reasons for the proposed repeal of certain sections of the Localism Act 2011 and the Marine and Coastal Access Act 2009.

Amendment 204

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 96, insert the following new Clause—
“Mayoral development corporations outside Greater London
(1) Section 196 of the Localism Act 2011 (interpretation of chapter) is amended as follows.
(2) In the definition of “the Mayor”, at end insert “and other mayors of established mayoral strategic authorities;”.
(3) After the definition of “MDC”, insert—
“(2) For the purposes of this section, the Secretary of State may be regulations specify which mayoral strategic authorities are to be regarded as established for the purposes of this Chapter.
(3) References to “Greater London” in this Chapter are to be interpreted to mean the area of each mayor in relation to the area of that mayoral strategic authority.
(4) References to the “London Assembly” in this Chapter are to be interpreted to mean the constituent councils of the mayoral strategic authority in relation to each MDC established outside Greater London.
(5) In relation to the designation of an area of land in a mayoral strategic authority as a mayoral development area, the persons who have to be consulted include—
(a) constituent councils in the strategic authority area;
(b) each Member of Parliament whose constituency contains any part of the area;
(c) members of the strategic authority;
(d) any other person whom the mayor considers it appropriate to consult.
(6) The Secretary of State may, by regulations, make consequential amendments to this Act as may be required to reflect that mayors of established strategic authorities are to have functions comparable to those of the Mayor of London and Greater London in relation to mayoral development corporations in their area.”.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would extend the same powers to propose Mayoral Development Corporations to mayors in all established mayoral strategic authorities as are presently available to the Mayor of London and, with certain restrictions, to certain other metro mayors.

Amendment 258C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 7, at end insert—
“(2A) When Natural England decides to prepare an EDP it must—
(a) demonstrate that there is measurable scientific evidence to inform the implementation of conservation measures as part of an EDP which could contribute to a significant environmental improvement in the conservation status of the relevant environmental feature,
(b) be able to establish sufficient baseline data on the relevant environmental features to enable an accurate evaluation of the current ecological conditions within the EDP and the environmental impact of development on identified environmental features, and
(c) take account of the environmental principles set out in Section 17 of the Environment Act 2021 and publish a statement explaining how it has done so.”

Type: Backbencher

Signatures: 1

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that EDPs are grounded in scientific evidence and ecological baselines, to ensure that they clearly deliver measurable outcomes for nature and that they take account of the Environmental Principles.

Amendment 205

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 96, insert the following new Clause—
“Commencement of provisions in Levelling-up and Regeneration Act 2023 relating to development corporations for locally-led new towns
The Secretary of State must, by regulations under section 255(7) of the Levelling-up and Regeneration Act 2023, bring sections 171(1) to (6), 172 and 173 of the Levelling-up and Regeneration Act 2023 into force two months after the day on which this Act is passed.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would bring into force provisions in LURA providing for locally led (i.e. proposed by local authorities) new town corporations.

Amendment 110

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Agent of change: integration of new development with existing businesses and facilities
(1) In this section—
“agent of change principle” means the principle requiring planning policies and decisions to ensure that new development can be integrated effectively with existing businesses and community facilities so that those businesses and facilities do not have unreasonable restrictions placed on them as a result of developments permitted after they were established;
“development” has the same meaning as in section 55 of the Town and Country Planning Act 1990 (meaning of “development” and “new development”);
“licensing functions” has the same meaning as in section 4(1) of the Licensing Act 2003 (general duties of licensing authorities);
“provision of regulated entertainment” has the same meaning as in Schedule 1 to the Licensing Act 2003 (provision of regulated entertainment);
“relevant authority” means a relevant planning authority within the meaning of section 91 of the Levelling-up and Regeneration Act 2023, or a licensing authority within the meaning of section 3 of the Licensing Act 2003 (licensing authorities).
(2) In exercising any functions under the Town and Country Planning Act 1990 or any licensing functions concerning development which is or is likely to be affected by an existing business or facility, a relevant authority shall have special regard to the agent of change principle.
(3) An application for development within the vicinity of any premises licensed for the provision of regulated entertainment shall contain, in addition to any relevant requirements of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595), a noise impact assessment.
(4) In determining whether noise emitted by or from an existing business or community facility constitutes a nuisance to a residential development, the decision-maker shall have regard to—
(a) the chronology of the introduction of the relevant noise source and the residential development, and
(b) what steps have been taken by the developer to mitigate the entry of noise from the existing business or facility to the residential development.”

Type: Backbencher

Signatures: 4

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025
Earl of Clancarty (XB - Excepted Hereditary) - 01 Jul 2025
Lord Hunt of Kings Heath (Lab - Life peer) - 01 Jul 2025
Lord Parkinson of Whitley Bay (Con - Life peer) - 01 Jul 2025

Shadow Minister (Culture, Media and Sport)

Amendment 41

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 5, page 11, line 6, leave out paragraph (a)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Amendment 259

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 16, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 260

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 18, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 111

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“General duty of local authorities
In exercising or performing any—
(a) licensing functions within the meaning of section 4(1) of the Licensing Act 2003 (general duties of licensing authorities);
(b) planning functions within the meaning of Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions);
concerning development (within the meaning of section 55 of the Town and Country Planning Act 1990 (meaning of “development” and “new development”)) which is or is likely to be affected by an existing business or facility, a relevant local authority must have special regard to the desirability of preventing unreasonable restrictions for that business or facility resulting from the implementation of the development.”

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 01 Jul 2025

Amendment 42

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was NOT MOVED

Clause 5, page 11, line 7, leave out paragraph (b)

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025

Member's explanatory statement

This amendment, connected with others in the name of Baroness McIntosh of Pickering, seeks to reinstate the requirement to consult with category 1 and 2 persons.

Amendment 112

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Permitted development and demolition: assets of community value
(1) The Town and Country Planning (General Permitted Development) (England) Order 2015 is amended as follows.
(2) In paragraph B.1 of Part 11 of Schedule 2, after sub-paragraph (e) insert—
“(f) the building is designated as an asset of community value under the Localism Act 2011.””

Type: Backbencher

Signatures: 3

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Lord Parkinson of Whitley Bay (Con - Life peer) - 30 Jun 2025

Shadow Minister (Culture, Media and Sport)

Lord Carrington of Fulham (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment seeks to ensure that buildings which have been designated as assets of community value cannot be demolished through permitted development rights.

Amendment 43

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 5, page 11, line 8, leave out sub-paragraph (i)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Government Amendment 260A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 19, leave out “58(2) and (3)” and insert “(General duties when exercising functions relating to EDPs)(3) and (4)”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment leaving out clause 58 and my amendment inserting a new clause before clause 88.

Amendment 44

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 5, page 11, line 10, sub-paragraphs (iii) and (iv)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Amendment 261

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 23, at end insert—
“(6A) When preparing the EDP, the Secretary of State must have due regard to the Local Nature Recovery Strategy published by the appropriate public authority or authorities for that area.”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Lord Blencathra (Con - Life peer) - 30 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment is to make sure the EDP considers the Local Nature Recovery Strategy.

Amendment 113

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Planning decisions: termite-resistant wood
(1) A local planning authority may not consent to the development of new-build homes if any wood used in the construction is not termite resistant.
(2) Wood is “termite resistant” if it is—
(a) a species of wood that is recognised as being naturally resistant to termites such that the risk of consumption by termites is acceptably low, or
(b) sufficiently treated so as to resist satisfactorily consumption by termites.
(3) “New build homes” has the same meaning as in subsection 138(5) of the Building Safety Act 2022.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 01 Jul 2025

Amendment 114

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Gardens Trust to be statutory consultees for planning applications
In Schedule 4 of the Town and Country Planning (Development Management Procedure) Order 2015, after paragraph (zf) insert—
“

(zg)

Development likely to affect historic parks or gardens

The Gardens Trust

””

Type: Backbencher

Signatures: 4

Lord Inglewood (XB - Excepted Hereditary) - 02 Jul 2025
Baroness Freeman of Steventon (XB - Life peer) - 02 Jul 2025
Lord Parkinson of Whitley Bay (Con - Life peer) - 02 Jul 2025

Shadow Minister (Culture, Media and Sport)

Baroness Pinnock (LD - Life peer) - 02 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Opposition Amendment 45

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 6, page 13, line 23, at end insert—
“(7A) Where the Secretary of State decides not to accept an application under subsection (2) and (5), the Secretary of State must publish the reasons for the decision and identify the relevant statutory or regulatory basis.”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to increase transparency and protect developers from arbitrary rejection.

Amendment 261A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 23, at end insert—
“(6A) An EDP must pay due regard to the welfare of animals, where “animal” has the meaning given by section 5(1) of the Animal Welfare (Sentience) Act 2022.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that animal welfare is considered when Environmental Delivery Plans are produced. It addresses the concerns raised by the government's Animal Sentience Committee in their June 2025 letter to Ministers, that the Bill as drafted does not pay due regard to the welfare of sentient animals.

Amendment 262

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 24, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 46

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

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

Type: Backbencher

Signatures: 2

Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025
Lord Krebs (XB - Life peer) - 03 Jul 2025

Amendment 46A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 11, page 17, line 28, at end insert—
“(4A) In section 104(2)(b) of the Planning Act 2008 (decisions in cases where national policy statement has effect) at end insert—
“(ba) any Environmental Delivery Plan made under the Planning and Infrastructure Act 2025 which has effect in relation to development of the description to which the application relates,””

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that when determining whether planning consent should be granted for a Nationally Significant Infrastructure Project, the Secretary of State must take into account any EDP applying to the land which will be developed.

Government Amendment 262A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 24, leave out from first “the” to end of line 27 and insert “EDP (see section 76(4) and (5)).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment to clause 76 inserting a new subsection (4).

Amendment 47

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 12, page 18, line 10, leave out subsection (2)

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment removes the requirement for all planning appeals to be considered at a hearing.

Amendment 263

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 26, leave out subsection (8)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Amendment 264

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 27, at end insert—
“(8A) An EDP must specify certain tests which must be met to avoid a challenge under section 65, including—
(a) undertaking appropriate consultation;
(b) cost effectiveness;
(c) following the mitigation hierarchy.”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Amendment 48

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 12, page 18, line 17, at end insert—
“(3) Section 13 of the Planning Act 2008 (legal challenges relating to national policy statements) is amended as follows—
(a) omit subsection (2);
(b) after subsection (6) insert—
“(7) Where the Secretary of State has amended a national policy statement in circumstances where section 6(8) applied to the amendments made—
(a) the amended statement is not to be regarded as unlawful on the grounds of a breach of any other requirement of this Act or any other rule of law, and
(b) accordingly, no court may entertain proceedings in respect of the amended statement.”.”

Type: Backbencher

Signatures: 2

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment removes the ability to apply for a judicial review of a decision by the Secretary of State not to carry out a review of all or part of a national policy statement; and it also provides that where a national policy statement has been amended where the changes are not material and/or are reflective of published government policy, changed legislation or court judgments, the amended national policy statement may not be subject to legal challenge in any court.

Amendment 49

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 12, page 18, line 17, at end insert—
“(3) In section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent) for “A court”, in each place it occurs, substitute “The High Court”.”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to give legal clarity that certain legal challenges are to be made to the High Court.

Amendment 264A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 27, at end insert—
“(8A) An EDP must be prepared in respect of any development involving the construction of overhead powerlines which have been given planning consent under section 37 of the Electricity Act 1989 (consent required for overhead lines) or the Planning Act 2008.”

Type: Backbencher

Signatures: 1

Lord Swire (Con - Life peer) - 03 Jul 2025

Amendment 265

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 57, page 93, line 29, at end insert—
“(10) An EDP must include an implementation schedule setting out when each conservation measure must be taken.
(11) A schedule under subsection (10) must ensure that, where the development to which the EDP applies is, in Natural England’s opinion, likely to cause any irreversible damage to—
(a) the integrity of a protected site network,
(b) an ecosystem, or
(c) a species population,
the corresponding conservation measures result in an overall improvement in the conservation status of any relevant features and ecosystems prior to the damage being caused.
(12) In preparing a schedule under subsection (10) Natural England must take into account the precautionary principle and the prevention principle and publish a statement explaining how it has done so.”

Type: Backbencher

Signatures: 3

Lord Krebs (XB - Life peer) - 03 Jul 2025
Baroness Parminter (LD - Life peer) - 03 Jul 2025
Lord Whitty (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment specifies a timetable for EDP benefits and requires an implementation schedule that guarantees EDP conservation measures deliver benefits, and ensures that compensation should be delivered upfront in the case of damage to the integrity of protected sites or species populations, as determined by Natural England.

Amendment 50

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was WITHDRAWN

After Clause 12, insert the following new Clause—
“Livestock markets and abattoirs
The Secretary of State must, on the day on which this Act is passed, set in train the creation of a national policy statement under section 5 of the Planning Act 2008 (national policy statements) covering the development of livestock markets and abattoirs.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 30 Jun 2025

Member's explanatory statement

Giving livestock markets and abattoirs the privileges accorded to national infrastructure would provide the foundations for the creation of a new network of livestock markets and abattoirs, with good communications and outside town centres, ensuring that animals could be dealt with locally and humanely and profitably.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 57 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 51

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was WITHDRAWN

After Clause 12, insert the following new Clause—
“Carbon capture and storage
(1) The Planning Act 2008 is amended as follows.
(2) In section 14(1), after paragraph (q) insert—
“(r) carbon dioxide spur pipelines;
(s) carbon capture equipment.”
(3) After section 21 insert—
“21A Carbon capture and storage
(1) The construction of a carbon dioxide spur pipeline is within section 14 (1)(r) if it is a pipeline used wholly or mainly for the conveyance of carbon dioxide for the purposes of carbon capture and storage.
(2) The construction of carbon capture equipment is within section 14 (1)(s) if it constitutes infrastructure or facilities used wholly or mainly for the capture, compression, or processing of carbon dioxide for the purposes of carbon capture and storage.
(3) A developer is not limited from seeking consent for infrastructure projects which fall under sections 14(1)(r) and 14(1)(s) through alternative consenting routes available under any other legislation.””

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 02 Jul 2025

Member's explanatory statement

This amendment amends the Planning Act 2008 to clarify that carbon dioxide spur pipelines and carbon capture equipment are eligible for designation as Nationally Significant Infrastructure Projects (NSIPs).

Amendment 52

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 12, insert the following new Clause—
“Decisions in cases of development consent orders for critical national priority projects
(1) In the Planning Act 2008, after section 117 insert—
“117A Orders granting development consent: critical national priority projects
(1) The Secretary of State may determine that an application for development consent relates to a project that is a critical national priority.
(2) The Secretary of State may only make a determination under subsection (1) if requested in writing to do so by the applicant for development consent.
(3) Where the Secretary of State makes an order granting development consent for a project that they have determined under subsection (1) to be a critical national priority—
(a) the Secretary of State must set out the reasons for the determination in the statement of reasons referred to in section 116(1), and
(b) Schedule 3A applies in relation to the order granting development consent.”
(2) After Schedule 3 to the Planning Act 2008, insert—
“Schedule 3ASection 117A(2)(b)
PARLIAMENTARY CONFIRMATION OF ORDERS GRANTING DEVELOPMENT CONSENT FOR CRITICAL NATIONAL PRIORITY PROJECTS
Orders granting development consent subject to this Schedule
1 (1)An order granting development consent to which this Schedule applies may only come into force if approved by an Act of Parliament passed in accordance with this Schedule.
(2)Sections 130 to 132 (special parliamentary procedure in relation to National Trust land, commons, open spaces, etc) do not apply to an order granting development consent to which this Schedule applies.
Introduction of order confirmation Bill
2 (1)As soon as practicable after making an order granting development consent to which this Schedule applies, the Secretary of State must introduce into Parliament a Bill for confirmation of the order, which is to be treated as a public Bill.
(2)The Bill must include the order as a Schedule to the Bill and must be accompanied by an Environmental Report prepared by the Secretary of State.
(3)The Environmental Report mentioned in sub-paragraph (2) must set out a summary of the likely significant effects on the environment of the project granted development consent by the order and the main measures proposed to be taken to avoid, reduce and, if possible, offset the major adverse effects of the project.
Petitions against order confirmation Bill
3 (1)If, within the period of 21 days beginning with the day on which a Bill to which this Schedule applies is introduced into either House of Parliament, a petition is deposited against the Bill in that House, the petition stands referred to the Chairmen for examination in accordance with this paragraph and Standing Orders.
(2)Within the period of seven days beginning with the day on which any such petition is deposited, the Secretary of State responsible for the Bill or the applicant for the order may deposit a memorial objecting to the petition, or any part of the petition, being certified as proper to be received, stating specifically the grounds of their objection.
(3)As soon as practicable after the expiration of the period of seven days mentioned in sub-paragraph (2), the Chairmen must take into consideration all petitions referred to them under sub-paragraph (1) and any memorial deposited under sub-paragraph (2), and if the Chairmen are satisfied with respect to any such petition that the provisions of this paragraph and of Standing Orders have been complied with in respect of the petition, or part of the petition, they must certify that the petition or the specified part of it, is proper to be received.
(4)The Chairmen must not certify that a petition, or any part of a petition, is proper to be received if the petition or part of the petition relates to matters considered during the examination of the application for the order conducted under Chapter 4 of Part 6 of this Act and subsequently by the Secretary of State under Chapter 5 of that Part, other than matters relating to sections 130 to 132 (special parliamentary procedure in relation to National Trust land, commons, open spaces, etc).
(5)In respect of every Bill to which this Schedule applies, the Chairmen must report whether any petitions have been presented against it and, if so, what petitions or parts of them, have been certified as proper to be received and whether any amendment to the Bill proposed by the petitions would, if made, alter the scope of the Bill or affect the interests of persons other than the petitioners; and subject to Standing Orders, every such report must be laid before both Houses of Parliament.
Proceedings following petitioning period
4 (1)Where a petition or part of a petition has been certified by the Chairmen under paragraph 3 as proper to be received, the Bill—
(a)after being read a second time in the House in which it is presented, is to be referred to a joint committee of both Houses of Parliament for the purposes of the consideration of that petition or part of it, except where either House has resolved within the period of 21 days beginning with the date on which the report of the Chairmen referred to in paragraph 3 is laid before it, that the petition or part of the petition should not be so referred,
(b)after it has been reported by the joint committee, is to be ordered to be considered in the House in which it was presented as if it had been reported by a committee of that House, and
(c)when it has been read a third time and passed by that House, is to be treated as having passed through all its stages up to and including committee stage in the second House.
(2)A joint committee shall consist of three members of the House of Commons and three members of the House of Lords, in each case to be nominated by the House’s Committee of Selection within 10 sitting days of the Chairmen’s report having been laid before both Houses of Parliament under paragraph 3.
(3)Where no such petition or part of any petition has been so certified by the Chairmen under paragraph 3 as proper to be received—
(a)the Bill is, after its presentation, to be treated as having passed all its stages up to and including committee in the House in which it is presented,
(b)the Bill is to be ordered to be considered in that House as if it had been reported from a committee of that House, and
(c)when the Bill has been read a third time and passed in that House, the like proceedings on the Bill are to be deemed to have been taken, and to be taken, in the second House.
Powers and proceedings of joint committee
5 (1)Where any petition or part of a petition against a Bill to which this Schedule applies is referred to a joint committee under paragraph 4, the Bill is to stand referred to that committee for the purpose of the consideration of the petition or part of the petition, and the committee must report the Bill either without amendment or with such amendments as they think expedient to give effect, either in whole or in part, to the petition or to the part of the petition, and with such consequential amendments, if any, as they think appropriate.
(2)The joint committee must conduct its consideration of the Bill and of all petitions and counter-petitions in accordance with any instruction given by the House concerned after second reading of the Bill, and must report the Bill in accordance with any programme set out in the instruction.
(3)Subject to Standing Orders, the report of the joint committee is to be laid before both Houses of Parliament.
Costs
6 (1)A joint committee considering a Bill to which this Schedule applies has the same power to award costs as a select committee of either House in relation to a Provisional Order Bill under sections 9 to 12 of the Parliamentary Costs Act 2006 (as a result of section 15(4) and (5) of that Act); and sections 9 to 12 of that Act apply accordingly subject to any necessary modifications.
(2)Sections 2 to 8, 13 and 14 of that Act apply with any necessary modifications to costs incurred in respect of a Bill to which this Schedule applies, as they apply to costs incurred in respect of a private Bill.
Standing Orders
7 (1)Except as may be provided by Standing Orders made under sub-paragraph (2), the Private Business Standing Orders, and the custom and practice of Parliament relating to private business, do not apply to a Bill to which this Schedule applies.
(2)Standing Orders may be made by the House of Commons and the House of Lords for any purpose relating to the provisions of this Schedule, to the extent they are compatible with this Schedule, and in particular—
(a)for regulating the manner in which petitions against a Bill to which this Schedule applies must be framed and deposited,
(b)for regulating the manner in which memorials relating to petitions against a Bill to which this Schedule applies must be framed and deposited,
(c)for extending the periods prescribed by this Schedule in relation to the deposit of petitions and memorials in any case where either period expires on a day on which the House concerned is adjourned for more than four days,
(d)for providing, in the case of any amendment to a Bill proposed by a petition, for a counter-petition to be deposited by any person or body whose interests would be adversely affected by the amendment; and for prescribing the cases in which a counter-petitioner has the right to be heard before the joint committee, and the cases in which the counter-petitioner may be allowed to be heard by the joint committee if the committee thinks fit,
(e)for the withdrawal of petitions, memorials and counter-petitions,
(f)for enabling the functions of the Chairmen under this Schedule to be performed by any deputy appointed in accordance with Standing Orders,
(g)for regulating the proceedings of the Chairmen in connection with the examination of petitions and memorials under this Schedule,
(h)for prescribing the cases in which a petitioner whose petition, or any part of the petition, has been certified as proper to be received, has the right to be heard before the joint committee, and the cases in which the petitioner may be allowed to be heard before the joint committee, and for enabling the Chairmen to determine in the case of any particular petition whether the petitioner has such a right to be heard or may be allowed to be heard by the Chairmen,
(i)for prescribing the quorum of any joint committee, and
(j)for regulating the proceedings of any joint committee.
Effect of order confirmation Act
8 (1)Any Act of Parliament made with reference to this Schedule is a public Act of Parliament that may not to be questioned in any court or tribunal.
(2)In the case of any order granting development consent confirmed by an Act of Parliament made with reference to this Schedule, any reference in this Act to the date when an order granting development consent has been made, published or comes into force, and any reference in the order to when it was made, published or came into force, is instead to be taken as being the date on which the Bill for the Act receives Royal Assent.
(3)Section 134 of this Act applies to any order granting development consent confirmed by an Act of Parliament made with reference to this Schedule with the following further modifications—
(a)in section 134(7) after “A compulsory acquisition notice is a notice” omit “in the prescribed form”, and
(b)omit section 134(7)(d).
(4)In all other respects any order granting development consent that is confirmed by an Act of Parliament made with reference to this Schedule is to be treated as an order granting development consent.
(5)In particular, an order granting development consent confirmed by an Act of Parliament made with reference to this Schedule may be—
(a)corrected through the exercise of the power contained in section 119, and
(b)changed or revoked in accordance with section 153 and Schedule 6.
Non-justiciability of proceedings in Parliament
9 A court or tribunal may not question any Bill or proceedings in Parliament that purport to be conducted in accordance with this Schedule.
Interpretation
10 In this Schedule—
“the Chairmen” means the Chairman of Ways and Means and the Chairman of Committees,
“the Chairman of Committees” means the Chairman of Committees of the House of Lords, and includes any deputy acting on their behalf in accordance with Standing Orders,
“the Chairman of Ways and Means” means the Chairman of Ways and Means in the House of Commons, and includes any deputy acting on their behalf in accordance with Standing Orders,
“joint committee” means the joint committee to whom a Bill is referred under paragraph 4,
“the order” means the order granting development consent proposed to be confirmed by the Bill mentioned in paragraph 2,
“the Private Business Standing Orders” means the Standing Orders of the House of Commons relating to Private Business 2019 ordered to be printed on 19 December 2019, and the Standing Orders of the House of Lords relating to Private Business 2018 ordered to be printed on 18 December 2017, and
“Standing Orders” means standing orders of the House of Lords and of the House of Commons made under paragraph 7(2).”.
(3) After section 118(1) of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), insert—
“(1A) Subsection (1) does not apply to an order granting development consent for a project that has been determined under section 117A to be a critical national priority and to which the provisions of Schedule 3A therefore apply, and accordingly such an order is not to be questioned in any court.”.”

Type: Backbencher

Signatures: 3

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025
Viscount Hanworth (Lab - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This Clause would permit the Secretary of State, at the request of an applicant for a development consent order, to treat the application as being one relating to a critical national priority project. Any such order made by the Secretary of State would not come into force until it had been confirmed by an Act of Parliament, which in the normal way would not be subject to legal challenge in the courts. Once confirmed by such an Act, subject to some necessary modifications, the development consent order concerned would be treated like any other development consent order and could be changed or revoked through the existing procedures contained in the Planning Act 2008.

Amendment 266

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 58, page 93, line 31, at end insert—
“(A1) Natural England may only decide to prepare an EDP for a protected feature if it can demonstrate that implementing conservation measures as part of an EDP could contribute to a significant environmental improvement in the conservation status of the relevant environmental feature at an ecologically appropriate scale.”

Type: Backbencher

Signatures: 4

Lord Krebs (XB - Life peer) - 03 Jul 2025
Baroness Parminter (LD - Life peer) - 03 Jul 2025
Lord Gascoigne (Con - Life peer) - 03 Jul 2025
Lord Whitty (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would limit the preparation of EDPs to cases where proposed measures can demonstrably achieve significant environmental improvements in the conservation status of an environmental feature at an appropriate ecological scale.

Amendment 53

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 12, insert the following new Clause—
“Repeal of section 150 of the Planning Act 2008
Section 150 (removal of consent requirements) of the Planning Act 2008 is repealed.”

Type: Backbencher

Signatures: 3

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025
Viscount Hanworth (Lab - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This Clause repeals section 150 of the Planning Act 2008, so as to allow the Secretary of State to decide, when making a Development Consent Order, the extent to which it is necessary and appropriate for the Order to remove a requirement for a specified consent or authorisation to be granted for the development concerned, as opposed to the person or body which would otherwise be required to grant the consent or authorisation making that decision before the Order is made.

Amendment 267

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

NO DECISION has been made on this amendment

Clause 58, page 93, line 32, leave out subsection (1)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 01 Jul 2025

Amendment 268

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 58, page 93, line 32, leave out “When” and insert “The Secretary of State must provide guidance to Natural England stating that existing private market solutions should be prioritised over an EDP, if the solutions can fully address and mitigate an identified environmental feature within a development, without delay to the planning process.
(1A) Natural England must have regard to the guidance in subsection (1) and if”

Type: Backbencher

Signatures: 2

Lord Curry of Kirkharle (XB - Life peer) - 03 Jul 2025
Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

Opposition Amendment 53A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 12, insert the following new Clause—
“Whistleblowing and oversight body for nationally significant infrastructure projects
(1) The Secretary of State must, within six months of the day on which this Act is passed, by regulations establish an independent body for the purpose of receiving and investigating protected disclosures in connection with nationally significant infrastructure projects.
(2) The body must have responsibility for—
(a) receiving disclosures of information from individuals or organisations relating to suspected misconduct, mismanagement, breach of environmental regulations, or any other matter of public interest connected to nationally significant infrastructure projects;
(b) assessing whether such disclosures fall within its remit and merit investigation;
(c) undertaking investigations where appropriate and referring matters to relevant regulatory, law enforcement, or oversight bodies;
(d) providing advice and guidance to individuals considering making protected disclosures in relation to such projects;
(e) reporting to the Secretary of State on the nature, volume, and outcome of disclosures received, with appropriate protections for confidentiality and whistleblower anonymity;
(f) establishing and maintaining a framework setting out the protections afforded to whistleblowers, including remedies for individuals who suffer detriment as a result of making a disclosure, and procedures for seeking redress.
(3) For the purposes of this section, “protected disclosures” are those that meet the conditions set out in section 43B of the Employment Rights Act 1996 (disclosures qualifying for protection), as they relate to the planning, development, or operation of nationally significant infrastructure projects.
(4) The Secretary of State may by regulations make further provision about—
(a) the governance structure of the body;
(b) the process and criteria for assessing disclosures;
(c) collaboration between the body and other statutory regulators or planning authorities.
(5) Regulations under this section are to be made by statutory instrument.
(6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Opposition

Signatures: 2

Baroness Kramer (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Treasury and Economy)

Lord Shipley (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

This new Clause would require the Secretary of State to establish an independent body to receive and investigate whistleblowing disclosures relating to nationally significant infrastructure projects, including responsibilities for oversight, guidance, referral, and protections for whistleblowers.

Amendment 53B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 12, insert the following new Clause—
“Removal of duplicative regulatory justification decisions
(1) Where a specified consent is granted for a nuclear generating station—
(a) the practice of the generation of electricity or heat from that nuclear generating station which is so consented is deemed to be justified for the purposes of the Justification of Practices Involving Ionising Radiation Regulations 2004 (SI 2004/1769) (“the Regulations”),
(b) the decision to grant a specified consent is deemed to be a justification decision for the purposes of the regulations, and
(c) without limitation to sub-paragraphs (a) and (b), regulations 14, 17, and 18 of the Regulations do not apply.
(2) Where a specified consent is granted by a person other than the Secretary of State, regulation 19(2) of the Regulations is to be construed as though that provision applied to that person.
(3) Nothing in a national policy statement designated under section 6 of the Planning Act 2006 (review) prior to this Act coming into force affects the operation of this section, and any national policy statement designated prior to this Act coming into force is to be construed so as to give effect to subsection (1).
(4) Nothing in this section affects any power to review, take enforcement action in respect of, or otherwise vary (with conditions or otherwise), a justification decision under the Regulations.
(5) In this section—
“nuclear generating station” means a nuclear installation used, or proposed to be used, for the purpose of generating electricity or heat with a view to giving a supply to any premises or enabling a supply to be given;
“nuclear installation” means any installation the operation of which requires a licence under section 1 of the Nuclear Installations Act 1965;
“specified consent” means a licence under the Nuclear Installations Act 1965, permission under Part 3 the Town and Country Planning Act 1990, development consent under the Planning Act 2008, or a consent under the Infrastructure (Wales) Act 2024 (provided, in the case of that consent, the Welsh Government provides an approval for the purposes of this section), or any other equivalent planning or land use approval, permission or consent for the development of a nuclear generating station.”

Type: Backbencher

Signatures: 2

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

Before a nuclear power station is built (and in addition to the planning process) an assessment must be made of whether the social, economic or other benefits outweigh the health detriment of ionising radiation. This amendment seeks to disapply the need for this assessment where planning consent is given.

Amendment 269

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 58, page 93, line 35, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 270

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 58, page 93, line 38, at end insert—
“(ca) the land use framework,”

Type: Backbencher

Signatures: 2

Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025
Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This is to ensure that the choice of land for use in an EDP works in coordination with the land use priorities as devised by national and local bodies.

Opposition Amendment 270A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 58, page 93, line 38, at end insert—
“(ca) any local nature recovery strategies, and”

Type: Opposition

Signatures: 1

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 271

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 1, at end insert “so far as Natural England considers them to be relevant.”

Type: Backbencher

Signatures: 1

Lord Teverson (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment – one of a pair in the name of Lord Teverson – seeks to ensure that, when preparing an EDP, Natural England must have regard to all plans listed in subsections (2)(a) to (2)(c), rather than just those that it considers to be relevant.

Amendment 272

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 58, page 94, leave out line 2

Type: Backbencher

Signatures: 1

Lord Teverson (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 220

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 106, insert the following new Clause—
“Duty to complete development of local infrastructure
(1) This section applies where—
(a) a Development Consent Order is made providing for, or
(b) a Strategic Development Scheme includes provision for,
the development of local infrastructure.
(2) Where subsection (1) applies, the developer must deliver the relevant local infrastructure in full.
(3) For the purposes of this section, “local infrastructure” has such meaning as the Secretary of State may specify, but must include—
(a) schools,
(b) nurseries, and
(c) General Practice clinics.
(4) A duty under this section may be disapplied with the consent of the relevant local planning authority.”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause aims to ensure that commitments to provide local infrastructure such as schools and GP clinics, approved as part of a development, are permanent and legally binding.

Amendment 273

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 2, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 274

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 2, at end insert—
“(2A) In preparing an EDP, Natural England must—
(a) define the proposed conservation measures required to address the development,
(b) seek expressions of interest to deliver those measures from appropriate persons or bodies during a pre-consultation period, and
(c) publish the expressions of interests should the EDP proceed.”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This amendment would require Natural England to define at an early stage the proposed conservation measures and seek expressions of interest from persons or organisations for their suitability to deliver these. This would also help Natural England meet their obligation under section 57(2).

Opposition Amendment 275

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 2 at end insert—
“(2A) Natural England, having followed the mitigation hierarchy, may only decide to prepare an EDP for a protected feature if it can demonstrate that implementing conservation measures as part of an EDP would contribute to a significant environmental improvement in the conservation status of the relevant environmental feature at an ecologically appropriate scale.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment ensures that Natural England uses the mitigation hierarchy to assess the appropriateness of the EDP itself in the first instance, before then limiting the preparation of EDPs to cases where proposed measures can demonstrably achieve significant environmental improvements in the conservation status of an environmental feature at an appropriate ecological scale.

Amendment 185I

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 52, insert the following new Clause—
“Duty and guidance for public authorities: cooperation and coordination during development of community infrastructure
(1) The Secretary of State, after consulting such persons as they consider appropriate, must publish best practice guidance for public authorities to follow during the development of community infrastructure.
(2) The Secretary of State must publish guidance under subsection (1) within six months of the day on which this Act is passed.
(3) Guidance issued under subsection (1) must include best practice for ensuring coordination and cooperation between public authorities and—
(a) schools,
(b) cultural organisations,
(c) local businesses,
(d) local communities,
(e) the social sector, including charities,
(f) Integrated Care Boards (ICB),
(g) NHS trusts, and
(h) any such person or organisation as the Secretary of State considers appropriate,
in the development of community infrastructure.
(4) Public authorities have a duty to follow guidance issued under subsection (1).
(5) Within one year of the guidance under subsection (1) being issued, and annually thereafter, public authorities must publish a report assessing their compliance with the best practice guidance during the development of community infrastructure.
(6) For the purposes of this section, “community infrastructure” includes—
(a) housing,
(b) hospitals,
(c) schools,
(d) parks and recreation areas, and
(e) any such infrastructure or development as the Secretary of State considers appropriate.”

Type: Backbencher

Signatures: 4

Lord Mawson (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Scriven (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Health)

Member's explanatory statement

This amendment would place a duty on public authorities to follow best practice guidance for cooperation and coordination with local communities, issued by the Secretary of State, during the development of community infrastructure.

Opposition Amendment 275A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 2, at end insert—
“(2A) In preparing an EDP, Natural England must have regard to its effect on the ability of smaller developers and housebuilders to develop land for residential dwellings and for such developments to be economically viable.”

Type: Opposition

Signatures: 1

Baroness Neville-Rolfe (Con - Life peer) - 03 Jul 2025

Shadow Minister (Treasury)

Member's explanatory statement

This probing amendment seeks to ensure that EDPs do not place any excessive burdens on smaller developers and construction firms.

Amendment 276

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 4, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 277

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 9, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Opposition Amendment 277A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 9, at end insert—
“(3A) Natural England may not be expected to prepare more than four EDPs within the period of one year from the day on which this section comes into force.
(3B) Natural England may not be expected to prepare more than 12 EDPs within the period of two years from the day on which this section comes into force.
(3C) Natural England may produce more than four EDPs in the first year of this section coming into force and eight in the second year of this section coming into force if Natural England has the capacity to do so.”

Type: Opposition

Signatures: 1

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 278

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 58, page 94, line 27, leave out “by Natural England”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 58 stand part of the Bill.

Type: Opposition

Signatures: 4

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Baroness Taylor of Stevenage (Lab - Life peer) - 26 Jun 2025

Baroness in Waiting (HM Household) (Whip)

Government Amendment 278A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 59, page 94, line 28, at end insert—
“(A1) When Natural England decides to prepare an EDP, it must—
(a) notify the Secretary of State of that decision, and
(b) publish the notification given to the Secretary of State.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

See the explanatory statement for my amendment leaving out clause 58.

Amendment 279

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 59, page 94, line 29, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 227D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 106, insert the following new Clause—
“Amendment to the Local Government Act 1972 to enhance provisions for protection of purchasers of land from local authorities
In section 128(2) of the Local Government Act 1972 (consents to land transactions by local authorities and protection of purchasers), after subsection (2) insert—
“(2A) Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land by any method whatsoever after 13 November 1980, then—
(a) in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and
(b) a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.
(2B) Any such person who acquires land to which subsection (2A) applies shall take such land free of any trusts rising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 of the Public Health Act 1875 or section 10 of the Open Spaces Act 1906 notwithstanding any failure by the relevant authority to comply with the requirements of section 122(2A) or section 123(2A) of this Act.””

Type: Backbencher

Signatures: 2

Lord Banner (Con - Life peer) - 03 Jul 2025
Lord Naseby (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to address the consequences of the Supreme Court’s decision in R (Shropshire) v Day [2023] AC 955 for persons who acquire former open space land from local authorities.

Amendment 280

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 59, page 94, line 30, at end insert—
“(za) any local public authority that has created a Local Nature Recovery Strategy for an area that is wholly or partly within or adjacent to the development area,”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment is to require the authorities with a Local Nature Recovery Strategy in or adjacent to the area to be consulted.

Amendment 281

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 59, page 94, line 30, at end insert—
“(za) Natural England,”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment is to require Natural England to be consulted.

Opposition Amendment 281A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 59, page 95, line 6, at end insert—
“(ja) any farmer who farms land which is wholly or partly within the development area,”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would require Natural England to consult with farmers who will be impacted by an EDP after the EDP is prepared.

Opposition Amendment 281B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 59, page 95, line 6, at end insert—
“(ja) any person who owns land which is wholly or partly within the development area,”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would require Natural England to consult with landowners who will be impacted by an EDP after the EDP is prepared.

Opposition Amendment 282

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 59, page 95, line 10, at end insert—
(m) any impacted landowner,
(n) sea fishing businesses, where the EDP covers an area which is adjacent to their fishing grounds, and
(o) the owners of fishing rights, where the EDP includes or otherwise affects rivers or lakes used for fishing.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment adds three additional parties as statutory consultees on any new Environmental Delivery Plan created by Natural England.

Amendment 283

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 59, page 95, line 14, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Government Amendment 72

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was AGREED

Clause 16, page 22, leave out lines 12 and 13

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is a drafting correction which would remove the definition of “qualifying distribution agreement” from clause 16. The definition is unnecessary because the term is already defined for the purposes of clause 16 in clause 13(8).

Opposition Amendment 283A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 59, page 95, line 16, leave out “28” and insert “40”

Type: Opposition

Signatures: 1

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 73

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 17, page 22, line 33, leave out from “the” to end of line 35 and insert “strategic priorities set out in the current strategy and policy statement under section 165 of this Act”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment, and others in the name of Lord Lansley to clause 17, would require the ISOP to have regard to the strategy and policy statement required by section 165 of the Energy Act 2023, rather than the designated strategic plan.

Amendment 74

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 17, page 23, line 8, leave out “designated strategic plans” and insert “strategic priorities set out in the current strategy and policy statement under section 165 of the Energy Act 2023”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Amendment 284

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 59, page 95, line 19, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 285

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 59, page 95, line 20, leave out “may (but is not obliged to)” and insert “is obliged to”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Amendment 75

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 17, page 23, line 10, leave out from “section,” to end of line 13 and insert ““strategic priorities” means those set out in the most recent strategy and policy statement required by section 165 of the Energy Act 2023”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Amendment 76

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 17, page 23, line 17, leave out “designated strategic plans” and insert “strategic priorities”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 59 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 77

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was WITHDRAWN

After Clause 17, insert the following new Clause—
“Extension of permitted development
The Secretary of State must, within 12 months of the day on which this Act is passed—
(a) make provision for the following to be included as permitted development—
(i) upgrading of existing electricity lines from single to three phase;
(ii) alteration of conductor type;
(iii) increase in the height of distribution network supports to maintain minimum ground clearances under the Electricity Safety, Quality and Continuity Regulations 2002;
(iv) increase in the distance of supporting structures by up to 60m from their existing position when replacing an existing overhead line;
(v) in relation to new connections from an existing line, an increase in nominal voltage to a maximum of 33kV and related increase in pole heights;
(vi) upgrading of existing lines from 6.6kV to 11kV;
(vii) installation of additional stays supporting wooden poles;
(viii) upgrading of existing apparatus, including the increase of capacity of pole mounted transformers, subject to the provisions of section 37(1) of the Electricity Act 1989 (consent required for overhead lines) and the Electricity Safety, Quality and Continuity Regulations 2002 (S.I. 2002/2665);
(ix) temporary placement of a line for a period of up to two years;
(b) consult on the introduction of further measures for the purposes of enabling electricity distribution network upgrades and reinforcements to be delivered as permitted development.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 01 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This new Clause would expand permitted development rights for upgrades to the transmission network.

Amendment 285A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 59, insert the following new Clause—
“Baseline biodiversity survey of draft EDP area
(1) When preparing a draft EDP, Natural England must undertake a baseline survey of the area to assess and measure the existing biodiversity in that area.
(2) The Secretary of State must take the results of the survey under subsection (1) into account when assessing whether an EDP passes the overall improvement test under section 60(4).”

Type: Backbencher

Signatures: 1

Lord Randall of Uxbridge (Con - Life peer) - 03 Jul 2025

Opposition Amendment 53C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 29, page 41, line 37, at end insert—
“(ca) that fees charged must not exceed the reasonable cost of providing the relevant service;
(cb) requiring prescribed public authorities to publish annual accounts showing fee income and associated service costs;”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would prevent public authorities from using the fee-charging power as a revenue-raising mechanism by limiting charges to actual service costs and requiring transparent reporting of income and expenditure.

Opposition Amendment 53D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 29, page 42, line 12, at end insert—
“(k) requiring the appropriate national authority to assess whether highway authorities have sufficient financial capacity to meet the proposed fees before regulations come into force;
(l) for a mechanism to review and adjust fees where payment would cause financial hardship to a highway authority.”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would ensure that the financial impact on highway authorities is properly assessed before fees are imposed, preventing situations where authorities cannot afford essential services or face budget crises due to unexpected charges.

Opposition Amendment 78

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was WITHDRAWN

After Clause 17, insert the following new Clause—
“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.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 02 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

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.

Amendment 285AA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 1, leave out “the Secretary of State considers that”

Type: Backbencher

Signatures: 1

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would remove the Secretary of State's discretion to determine whether an EDP passes the overall improvement test in order for it to be made.

Opposition Amendment 79

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

After Clause 17, insert the following new Clause—
“Increasing grid capacity
The Secretary of State must, within three months of the passing of this Act, lay before Parliament a plan to—
(a) reduce the cost of, and time taken to make, connections to the transmission or distribution system;
(b) permit local energy grids.”

Type: Opposition

Signatures: 2

Earl Russell (LD - Excepted Hereditary) - 02 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Lord Swire (Con - Life peer) - 28 Aug 2025

Member's explanatory statement

This new clause would require the Secretary of State to produce a plan to reduce the time and financial cost of connections to the electricity grid and to allow local energy grids.

Amendment 285B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 2, leave out “overall” and insert “evidence-based”

Type: Backbencher

Signatures: 1

Lord Randall of Uxbridge (Con - Life peer) - 03 Jul 2025

Opposition Amendment 53E

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 29, page 42, line 19, at end insert—
“(4A) Apart from regulations made under subsection (5)(b), regulations under this section must specify—
(a) whether highway authorities may use their general fund, specific highway maintenance budgets, or other funding sources to pay fees charged under this section;
(b) whether highway authorities may recover such costs through local taxation, government grants, or other means;
(c) the accounting treatment required for fees paid under this section.”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would clarify how highway authorities are expected to fund these new charges.

Amendment 79A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 17, insert the following new Clause—
“Powerlines: presumption of burial
(1) In section 37(3) of Electricity Act 1989 (consent required for overhead lines), at end insert—
“(d) may not be granted unless the Secretary of State is satisfied that the burial of the powerlines—
(i) was the developer’s preferred and initial form of installation, and
(ii) is infeasible on grounds of either cost or engineering practicality.”
(2) The Planning Act 2008 is amended as follows.
(3) In section 104 (decisions in cases where national policy statement has effect), after subsection (2), insert—
“(2A) For a development under section 16, the Secretary of State may not approve an application unless they are satisfied that the burial of the powerlines—
(a) was the developer’s preferred and initial form of installation, and
(b) is infeasible on grounds of either cost or engineering practicality.”
(4) In section 105 (decisions in cases where no national policy statement has effect), at end insert—
“(3) For a development under section 16, the Secretary of State may not approve an application unless they are satisfied that the burial of the powerlines—
(a) was the developer’s preferred and initial form of installation, and
(b) is infeasible on grounds of either cost or engineering practicality.””

Type: Backbencher

Signatures: 1

Lord Swire (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This probing amendment seeks to explore how changes to the planning process could encourage the use of buried cabling as an alternative to overhead powerlines.

Opposition Amendment 53F

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 29, page 42, line 23, at end insert—
“(5A) Before making regulations under this section, the appropriate national authority must publish and lay before Parliament—
(a) a list identifying each prescribed public authority that will be empowered to charge fees under this section,
(b) a description of the specific relevant services each such authority will charge for,
(c) an estimate of the total fees each highway authority is likely to face annually, and
(d) a statement confirming that the income from the fees or charges by each prescribed public authority does not exceed the cost of performing the relevant functions.”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would require the Government to identify upfront which public bodies will be charging fees, what those charges will cover, and ensure that the charges are set on a cost-recovery basis, providing transparency about the scope, scale, and proportionality of the new charging regime before it takes effect.

Amendment 286

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 3, leave out subsection (4) and insert—
“(4) An EDP passes the overall improvement test if the conservation measures will be sufficient to significantly and measurably outweigh the negative effect caused by the environmental impact of development on the conservation status of each identified environmental feature and to achieve a significant environmental improvement.”

Type: Backbencher

Signatures: 4

Baroness Willis of Summertown (XB - Life peer) - 03 Jul 2025
Baroness Parminter (LD - Life peer) - 03 Jul 2025
Lord Whitty (Lab - Life peer) - 03 Jul 2025
Lord Gascoigne (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment strengthens the overall improvement test providing that conservation measures must significantly and measurably outweigh any negative impacts to improve the conservation status of identified features.

Opposition Amendment 80

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 18, page 24, line 14, at end insert—
(4)Any fees received by the Scottish Ministers under paragraph (2)(d) may only be used to fund—
(a)consumer benefits packages, or
(b)local planning authorities.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This would ensure that any fees paid to Scottish Ministers are allocated to either community benefits packages or to support local authority planning departments.

Opposition Amendment 53G

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 30, page 44, line 3, at end insert—
“(4H) Before making an order under this section, a strategic highways company must consult for a period of not less than 12 weeks—
(a) neighbouring highway authorities;
(b) local planning authorities whose area the highway passes through or would pass through;
(c) where applicable, combined mayoral authorities whose area the highway passes through or would pass through.”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would require strategic highways companies to undertake a minimum 12-week consultation with neighbouring highway authorities, local planning authorities, and combined mayoral authorities before making trunk road designation orders.

Amendment 286ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 3, leave out “overall” and insert “evidence-based”

Type: Backbencher

Signatures: 1

Lord Randall of Uxbridge (Con - Life peer) - 03 Jul 2025

Government Amendment 286A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 4, leave out “conservation measures are likely to be sufficient to” and insert “effect of the conservation measures will materially”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would make changes to strengthen the overall improvement test, which the Secretary of State must consider before making an EDP.

Opposition Amendment 53H

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 31, page 44, line 22, leave out “30” and insert “28”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would bring the notice period in line with that used in the Planning Act 2008 by reducing the required notice from 30 days to 28 days.

Opposition Amendment 81

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 18, page 24, line 26, leave out from “application” to end of line 31 and insert—
“(b) must consider the objection and the reporter’s final report,
(c) must hold a public hearing, and
(d) must allow a period of one month to elapse,
before determining whether to give their consent.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would require the Scottish Ministers to hold a public hearing and allow one month to elapse before determining whether to give consent to an application for new generating stations or overhead lines under sections 36 or 37 of the Electricity Act 1989.

Opposition Amendment 82

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 18, page 24, line 37, leave out subsection (4)

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Opposition Amendment 53I

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 32, page 48, line 26, after “website” insert “within seven days of the making or confirmation”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment requires the Secretary of State to publish notice of the making or confirmation of a highway order or scheme, along with related documentation, within seven days.

Opposition Amendment 287

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 4, leave out “are likely to” and insert “will”

Type: Opposition

Signatures: 1

Baroness Grender (LD - Life peer) - 01 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to strengthen the overall improvement test.

Amendment 82A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 25, page 34, line 38, at end insert—
“10Q Long duration electricity storage: safety
(1) The Authority must ensure that the scheme established by section 10P includes measures to be taken by LDES operators (as defined by that section) to reduce fire risk and protect public safety.
(2) The scheme must ensure that before installing long duration electricity storage, LDES operators consult the local fire authority who must assess the fire risk posed by the installation.
(3) The LDES operator must pay the local fire authority a reasonable fee for their assessment of the fire risk under subsection (2).
(4) The Secretary of State may, by regulations made by statutory instrument, define a “reasonable fee” for the purpose of this section.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that proposals for long duration energy storage systems, which may contain flammable batteries and equipment, are designed in consultation with the local fire authority to minimise fire risk and protect public safety.

Amendment 287A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 4, leave out “are likely to be sufficient” and insert “have been scientifically proven”

Type: Backbencher

Signatures: 1

Lord Randall of Uxbridge (Con - Life peer) - 03 Jul 2025

Opposition Amendment

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was STOOD PART

Lord Moylan gives notice of his intention to oppose the Question that Clause 34 stand part of the Bill.

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Opposition Amendment 82B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 25, insert the following new Clause—
“Long duration electricity storage: capacity
(1) Within 5 years of the day on which this Act is passed, the Secretary of State must report on the impact of this Act on the United Kingdom’s long duration electricity storage capacity.
(2) The Secretary of State must lay a copy of these reports before Parliament.”

Type: Opposition

Signatures: 2

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would require the Secretary of State to report on the impact of this Act on the UK’s long duration electricity storage capacity.

Opposition Amendment 53J

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 36, page 49, line 35, at end insert—
“(1A) In subsection (2) (hearing after objection under section 10) omit “may” and insert “must””

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would make it mandatory for the Secretary of State to provide an opportunity for objectors to appear before and be heard by an appointed person.

Amendment 288

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 4, leave out “outweigh” and insert “demonstrate a net gain in addressing”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This amendment seeks to strengthen the overall improvement test.

Opposition Amendment 53K

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 36, page 50, line 12, at end insert—
“(3B) Where an objection is made by a person under subsection (3) but the Secretary of State determines that the objection is not serious enough to merit being referred to an inquiry or dealt with in accordance with subsection (2), the Secretary of State must provide written reasons for that decision, including by reference to any published criteria for determining what constitutes a sufficiently serious objection.”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Amendment 82C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 26, page 35, line 2, after “transmission” insert “and generation”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment and others in the name of Baroness Coffey extend benefits schemes to energy generation infrastructure and requires them to be in place, including for any infrastructure still being under construction at the time of Royal Assent of this Act.

Amendment 288A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 6, at end insert—
“(4A) The Secretary of State must consult the bodies listed in section 59(1) to determine whether there is sufficient scientific evidence for an EDP to pass the evidence-based improvement test.”

Type: Backbencher

Signatures: 1

Lord Randall of Uxbridge (Con - Life peer) - 03 Jul 2025

Amendment 82D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 4, leave out “may” and insert “must”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 53L

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 37, page 50, line 35, at end insert—
“(4A) After subsection (6) insert—
“(7) No costs order made under this section may be imposed on any person who has objected to an application under section 6, except where that person has acted maliciously or unreasonably.””

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Amendment 289

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 10, at end insert—
“(5A) In determining whether an EDP passes the overall improvement test, the Secretary of State must specify whether conservation measures identified under section 55(5) are included in the EDP.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would provide that, in making an EDP which passes the overall improvement test, the Secretary of State must specify whether conservation measures which were not expected to be needed (as provided for in Clause 55(5)) have been taken into account in meeting the test.

Opposition Amendment

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was STOOD PART

Lord Moylan gives notice of his intention to oppose the Question that Clause 38 stand part of the Bill.

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Amendment 82E

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 7, at end insert “and generators.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment and others in the name of Baroness Coffey would extend the financial benefit scheme for people living near network transmission infrastructure to those living near new energy generation infrastructure.

Amendment 290

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 10, at end insert—
“(5A) An EDP does not pass the overall improvement test—
(a) where the environmental features affected are qualifying features of a European site, European marine site, European offshore marine site or a Ramsar site, unless—
(i) the Secretary of State is satisfied that there would be no adverse effect on the integrity of the relevant site from the delivery of development to which the EDP applies, either alone or in combination with other plans and projects, with the same standard of confidence as if the EDP were being assessed as a plan or project under Regulation 63(5) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2012/2017),
(ii) it has not been possible for the Secretary of State to be satisfied under sub-paragraph (i) but the provision of measures to offset any unavoidable harm to the relevant features significantly outweighs the negative effect of the development, or
(iii) there is an overriding public interest in permitting the EDP to be made and no alternative approaches to meeting the public interest that would result in less harm to the relevant site;
(b) unless the Secretary of State is satisfied that Natural England has demonstrated that all reasonable opportunities to avoid or minimise negative effects caused by development within the scope of the EDP have been taken;
(c) unless Natural England has demonstrated that—
(i) any measures to avoid or mitigate negative effects caused by development will be delivered and functioning prior to any such negative effects occurring, and
(ii) any proposed compensation measures will be delivered to prevent any irreversible harm to the conservation status of relevant ecological features.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment outlines when the Secretary of State must find that an EDP does not pass the overall improvement test.

Opposition Amendment 83

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 7, at end insert—
“(1A) Any scheme established under subsection (1) must include provision for homeowners residing within 500 meters of qualifying premises to be entitled to annual financial benefits of £1,000 for a period of ten years.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to ensure that households eligible for a community benefits scheme receives £1,000 per year for 10 years.

Opposition Amendment 53M

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 40, page 52, line 31, at end insert—
“(2A) Fees charged under regulations made under subsection (1) must not exceed the reasonable costs actually incurred by the prescribed public authority in providing the relevant service.”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would ensure that fees charged by public authorities for services related to Transport and Works Act applications are limited to the actual reasonable costs of providing those services.

Opposition Amendment 291

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 12, at end insert—
“(6A) The Secretary of State may choose not to make the EDP if the Secretary of State reasonably considers that the EDP would be contrary to the public interest.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment allows the Secretary of State to reject an EDP if they feel it is not in the public interest.

Opposition Amendment 292

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 14, at end insert—
“(8) Where the Secretary of State chooses not to make an EDP, the Secretary of State must also seek to return any land obtained under a compulsory purchase order for the purposes of the EDP to the original owner.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment requires the Secretary of State to seek to return any land obtained under a compulsory purchase order where the Secretary of State has decided not to make the connected Environmental Delivery Plan.

Amendment 83A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 11, after “plant” insert “, energy generation,”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 54

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 41, page 54, line 22, at end insert—
“(1A) Any disapplication of heritage protections under this section must be exercised in a manner that—
(a) recognises the value of the United Kingdom’s archaeological and architectural heritage to the nation and to local communities;
(b) respects the principle that structures and sites are designated for protection only where they are of special or particular historic or cultural significance; and
(c) ensures that development under this Act gives due regard to the importance of conserving the historic environment alongside the need for future infrastructure.”

Type: Opposition

Signatures: 2

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Baroness Pidgeon (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Transport)

Amendment 83B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 14, after “transmission” insert “or generation”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 60 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 55

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 41, insert the following new Clause—
“Heritage assets
(1) The Transport and Works Act 1992 is amended as follows.
(2) After section 6(5) insert—
“(5A) Rules made under this section must incorporate requirements to reflect the provisions of sections 7 and 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990.””

Type: Backbencher

Signatures: 2

Lord Lansley (Con - Life peer) - 03 Jul 2025
Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Member's explanatory statement

This amendment would require that when making Transport and Works Act Orders, the Secretary of State must have regard to the procedures in the Planning (Listed Buildings and Conservation Areas) Act 1990 in relation to works for demolition or affecting the character of listed buildings.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 83C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 14, at end insert “or is intended to generate electricity.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was STOOD PART

Lord Parkinson of Whitley Bay gives notice of his intention to oppose the Question that Clause 41 stand part of the Bill.

Type: Opposition

Signatures: 1

Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Member's explanatory statement

This amendment aims to conserve the consent requirements relating to Listed Buildings, Conservation Areas, and Scheduled Monuments which would otherwise be disapplied for transport projects.

Amendment 84

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 14, at end insert—
“(b) the construction, erection, expansion or improvement of onshore wind turbines.”

Type: Backbencher

Signatures: 1

Lord Lilley (Con - Life peer) - 03 Jul 2025

Opposition Amendment 55A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 42, page 55, line 4, after “may” insert “, subject to the approval of the environment agency,”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Opposition Amendment 293

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 62, page 96, line 28, at end insert—
“(c) annually, a report on an EDP covering the previous year.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment requires Natural England to report on EDPs more regularly than just at the halfway, and completion point of the EDP.

Opposition Amendment 294

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 62, page 96, line 37, at end insert—
“(2A) An EDP may not be amended if the amendment would reduce the amount, extent or impact of conservation measures that are to be taken to protect the identified environmental features.”

Type: Opposition

Signatures: 1

Baroness Grender (LD - Life peer) - 30 Jun 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would mean that the Secretary of State could not amend an environmental delivery plan so as to reduce the measures to be taken to mitigate the negative environmental impact of a development.

Amendment 84A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 15, leave out “may be” and insert “must include”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 55B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 45, page 57, line 5, leave out paragraph (a) and insert—
“(a) the Transport and Works Act 1992, or”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Opposition Amendment 55C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 45, page 57, line 8, after “may” insert “only”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Amendment 84B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 16, at end insert “or works under construction on the day on which the Planning and Infrastructure Act 2025 was passed.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 295

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 62, page 97, line 19, at end insert—
“(h) what impact the EDP has had on the local economy and community of the relevant area.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment requires EDP reports to include impact assessments on the local community and economy rather than purely environmental consequences.

Amendment 84C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 35, line 40, at end insert—
“(k) The costs of such benefits schemes must not be borne by other energy bill payers.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Government Amendment 295A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 62, page 97, line 19, at end insert—
“(5A) A report under subsection (1)(a) (midpoint report) must also include an assessment of whether the EDP is likely to pass the overall improvement test.
(5B) A report under subsection (1)(b) (final report) must also include—
(a) an assessment of whether the EDP has passed the overall improvement test, and
(b) if the assessment is that the EDP has not passed the test, the extent to which the conservation measures have failed to outweigh the negative effect of the EDP development as mentioned in section 60(4).
(5C) A report under subsection (2) (revocation report) must also include—
(a) an assessment of whether the EDP would be likely to pass the overall improvement test if it were not being revoked, but reading section 60 as if—
(i) the reference in subsection (4) to the conservation measures were a reference to the conservation measures that have been or will be taken despite the EDP’s revocation (but not including any measures taken by way of remedial action under section (Remedial action by Secretary of State where EDP ends or is revoked)(4));
(ii) the reference in subsection (5) to the maximum amount of development to which the EDP may apply were a reference to all of the development in respect of which a developer has paid or will pay the nature restoration levy despite the EDP’s revocation;
(b) if the assessment is that the EDP would be unlikely to pass the test, the extent to which those conservation measures are likely to fail to outweigh the negative effect of that development.”

Type: Government

Signatures: 2

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Lord Grantchester (Lab - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment would require Natural England to include more detail in its reports about the effect of any conservation measures that have been implemented.

Opposition Amendment 55D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 46, page 57, line 31, leave out “may” and insert “must”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Government Amendment 56

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was AGREED

Clause 46, page 58, line 27, leave out subsections (6) and (7)

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would remove transitional provision that is no longer needed after the changes to commencement made by my amendment to clause 110.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 62 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 85

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 36, line 7, at end insert—
“(5A) Regulations under this section must also secure that any eligibility criteria established for determining entitlement to compensation under this section apply equally in relation to existing electricity transmission infrastructure, including infrastructure constructed or in operation prior to the coming into force of the regulations.”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment ensures that the eligibility criteria for compensation under this section apply equally to areas with existing electricity transmission infrastructure.

Opposition Amendment 57

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was WITHDRAWN

Clause 47, page 59, line 25, at end insert—
“(5A) After subsection (5), insert—
“(6) References in this Part to public charge points are to be taken as including cross-pavement charging solutions.””

Type: Opposition

Signatures: 2

Baroness Pidgeon (LD - Life peer) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Transport)

Lord Lansley (Con - Life peer) - 26 Jun 2025

Member's explanatory statement

This amendment clarifies that cross-pavement charging solutions are to be considered public charge points for the purposes of the legislation. It ensures such infrastructure falls within the scope of relevant regulatory provisions governing public electric vehicle charging.

Government Amendment 295B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 63, page 97, line 33, at end insert—
“(2A) Where Natural England requests, or the Secretary of State is minded to make, an amendment to an EDP that—
(a) increases the maximum amount of development to which the EDP may apply, as specified under section 54(5),
(b) changes the development area to include a new area to which the EDP does not currently apply, or
(c) adds new conservation measures that are of a kind not currently included in the EDP,
the Secretary of State must direct Natural England to consult on the EDP as proposed to be amended.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would require Natural England to consult when an amendment is proposed to an EDP which would increase the maximum amount of development covered by the EDP, include new places in the development area or add new types of conservation measures.

Amendment 85A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 26, page 36, leave out lines 9 to 13 and insert “within subsection (4),”

Type: Backbencher

Signatures: 1

Lord Goodman of Wycombe (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment gives effect to the recommendation of the Delegated Powers and Regulatory Reform Select Committee that the affirmative procedure should apply to all regulations made pursuant to the provisions inserted by clause 26.

Opposition Amendment 57A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 47, page 59, line 32, at end insert—
“(6A) After section 94 of that Act (Power of street authority or district council to undertake street works) insert—
“94A Public charging points: impact assessment
Before granting a street works permit for works as described in section 48(3ZA), the relevant authority must—
(a) assess the likely impact of the proposed works on the availability of parking for vehicles not using electric propulsion,
(b) consider mitigation measures to ensure reasonable access remains for the general motoring public, and
(c) publish the assessment for public consultation if the works will result in the loss of more than two general-use parking spaces.””

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment would require local authorities to conduct and publish a parking impact assessment before permitting EV charge point works that may displace general-use parking. It ensures the wider motoring public is not disproportionately affected by the transition to electric infrastructure.

Government Amendment 295C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 63, page 97, line 35, leave out first “an” and insert “any other type of”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment to clause 63, inserting a new subsection (2A).

Opposition Amendment 86

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Community benefit from major energy infrastructure projects
(1) The Secretary of State must by regulations establish a scheme under which communities with a specified connection to a major energy infrastructure project are entitled to financial benefits.
(2) In subsection (1), “major energy infrastructure project” and “specified connection” have such meaning as the Secretary of State may by regulations specify, provided that any such definition includes all newly consented renewable energy projects.
(3) Financial benefits provided for by a scheme under this section must—
(a) be provided by the owner of the relevant major energy infrastructure project, and
(b) amount to 5% of the annual revenue of the relevant project.
(4) Where a major energy infrastructure project is onshore, regulations made under this section must—
(a) provide for two-thirds of the financial benefits accruing to a community under this section to be paid to the local authority, and
(b) provide for one third of the financial benefits accruing to a community under this section to be paid into a strategic fund operated by the council.
(5) Where a major energy infrastructure project is offshore, regulations made under this section must provide for the financial benefits accruing to a community under this section to be paid into a strategic fund operated by the relevant council.
(6) Regulations made under this section may, among other things—
(a) specify the powers, purposes, responsibilities and constitution of a council strategic fund;
(b) make further provision determining which communities are qualifying under this section, and defining community for this purpose;
(c) confer functions in connection with the scheme;
(d) provide for delegation of functions conferred in connection with the scheme.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 02 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This new clause sets out a scheme for providing financial benefits to communities in areas connected with major energy infrastructure schemes.

Government Amendment 295D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 63, page 98, line 6, leave out subsection (5) and insert—
“(5) The Secretary of State may make an amendment to an EDP only if the Secretary of State considers that the EDP as amended passes the overall improvement test.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This would be a drafting change to align the drafting of clause 63(5) with that in clause 60(3).

Opposition Amendment 57B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 47, page 59, line 32, at end insert—
“(6A) After section 94 of that Act (Power of street authority or district council to undertake street works) insert—
“94A Public charging points: review
(1) Where works defined as street works under section 48(3ZA) materially reduces the availability of parking spaces for non-electric vehicles on a street, affected residents or businesses may request a formal review of the impact by the highway authority responsible for that street.
(2) The highway authority must complete such a review and notify the requestor of its conclusions within 30 days of receiving the request.””

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment seeks to ensure that residents and businesses can request a review where EV installations reduce access to conventional parking. It seeks to provides a safeguard to ensure community needs are not overlooked in street works decisions and implementation.

Amendment 87

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 28, page 39, line 23, at end insert—
“(1A) For renewable energy produced from biomass, the forestry authority may only supply or use forestry materials that are deemed to be waste.”

Type: Backbencher

Signatures: 3

Lord Teverson (LD - Life peer) - 03 Jul 2025
Baroness Boycott (XB - Life peer) - 03 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment prevents public forestry resources being used for the establishment of large scale biomass operations.

Amendment 57C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 47, page 60, after line 27, insert—
“(10) Within 12 months of the day on which this Act is passed, the Secretary of State must by regulations amend the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) to include within permitted development rights the installation of cable channels embedded within the pavement or footway, for the purpose of connecting electric vehicle charge points to domestic or commercial premises.
(11) Within 12 months of the day on which this Act is passed, the Secretary of State must, by regulations, amend section 178 of the Highways Act 1980 (restriction on placing rails, beams etc. over highways) to provide that subsection (1) of that section does not apply to cable channels embedded within the surface of the highway for the purposes of electric vehicle charging, where such installations comply with regulations made by the Secretary of State.
(12) Regulations made under subsections (10) and (11) must include provisions regarding—
(a) minimum standards for the design, installation, and operational maintenance of cable channels, including provisions to ensure public safety and accessibility,
(b) requirements for inspection and ongoing compliance with safety standards,
(c) public liability insurance to cover injury, loss, or damage arising from the installation or use of the cable channels, and
(d) assignment of responsibility for the cost of maintenance, repair, and safe operation of each cable channel, or its removal, to the owner of the associated electric vehicle charge point or other party designated by the local authority.
(13) A statutory instrument containing regulations under subsection (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment would extend permitted development rights for electric vehicle charging points to include the installation of cable channels.

Government Amendment 295E

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 63, page 98, line 18, leave out “(2)” and insert “(3)”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would correct an incorrect cross-reference in clause 63(10).

Amendment 87A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 28, page 39, line 31, after “section 1(2)” insert “as a secondary duty”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment and another in the name of Baroness Coffey are designed to retain the primary purpose of the Forestry Commission is to plant trees and be a sustainable source of timber.

Amendment 87B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 28, page 39, line 35, at end insert—
“(3A) Any forestry or woodland cover lost due to such a renewable energy development needs to be replaced twofold as close to the loss of trees as geographically possible.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment and another in the name of Baroness Coffey are designed to retain the primary purpose of the Forestry Commission is to plant trees and be a sustainable source of timber.

Opposition Amendment 58

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Permitted development and charging points
(1) Part 2 of Schedule 2 to The Town and Country Planning (General Permitted Development) (England) Order 2015 is amended as follows.
(2) In paragraph D, after “parking”, insert “or adjacent to a public highway lawfully used for on-street parking where a local highway authority approved cross-pavement charging solution is installed,”.
(3) In paragraph D.1, for sub-paragraph (a) substitute “overhang the footway by more than 150mm perpendicular to the property boundary including the cable plug when it is plugged in;”.
(4) After paragraph E.3 insert—
“Class EA - Ancillary equipment for electrical upstands for recharging electric vehicles
Permitted development
EA The installation, alteration or replacement, within an area lawfully used for off-street parking, of equipment or storage facilities to support the operation of electrical outlets for recharging electric vehicles.
Development not permitted
EA.1 Development is not permitted by Class E if the equipment and storage facilities upstand and the outlet would—
(a) not be located in a non-domestic off-street ground level car park,
(b) result in the installation of more than unit being provided for the car park,
(c) exceed 29 cubic metres,
(d) exceed 3 metres in height,
(e) be within 5 metres of the highway, or
(f) be within 10 metres of the curtilage of a dwelling house or block of flats.
Conditions
EA.2. Development is permitted by Class E subject to the conditions that when the development is no longer needed as equipment or storage to support the operation of charging points for electric vehicles—
(a) the development is removed as soon as reasonably practicable, and
(b) the land on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out.””

Type: Opposition

Signatures: 2

Baroness Pidgeon (LD - Life peer) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Transport)

Lord Lansley (Con - Life peer) - 26 Jun 2025

Member's explanatory statement

This new clause extends permitted development relating to electric vehicle charge points. street, including where a Local Highways Authority approved cross-pavement charging solution is present and the charger does not overhang the footway by more than 15cm.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 63 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 59

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was WITHDRAWN

After Clause 47, insert the following new Clause—
“Water infrastructure project licences
Omit sub-paragraph (a) of regulation 4(3) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582).”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 26 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 26 Jun 2025

Member's explanatory statement

This new clause would amend the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 to remove the “size and complexity” test for the awarding of a licence for a water infrastructure project, meaning that projects would be considered on value for money alone.

Opposition Amendment 296

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 64, page 98, line 27, at end insert—
“(2A) The Secretary of State must revoke an EDP if the Secretary of State determines that any invasive non-native species is present at the site of the development 5 years after the EDP has been made.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 27 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Kinnoull (XB - Excepted Hereditary) - 30 Jun 2025
Lord Blencathra (Con - Life peer) - 30 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would ensure that an EDP is revoked if the Secretary of State determines that any invasive non-native species is present 5 year after the inception of the EDP.

Opposition Amendment 88

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 28, page 40, line 8, at end insert—
“(5A) The forestry authority may not use or make arrangements under subsection (1) for land placed at the disposal of the forestry authority by the Minister—
(a) that would amount to more than 2% of the total land area placed at the disposal of the authority;
(b) that would amount to more than 5% of an individual site;
(c) that would directly or indirectly have adverse effects on a site designated under the Conservation of Habitats and Species Regulations 2017 or the Wildlife and Countryside Act 1981;
(d) that would directly or indirectly have adverse effects on an irreplaceable habitat such as an ancient woodland.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Government Amendment 296A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 64, page 99, line 5, leave out subsections (6) to (8)

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment inserting a new clause after clause 64.

Amendment 88A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 28, page 40, leave out lines 9 to 12

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment stops regulations being used for purposes other than explicitly stated in the Bill.

Amendment 60

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was WITHDRAWN

After Clause 47, insert the following new Clause—
“Guidance on planting along highways
(1) The Secretary of State must, within six months of the day on which this Act is passed, issue guidance for developers, local planning authorities and other relevant parties on the planting of trees, shrubs, plants or grass alongside highways constructed as part of—
(a) any new transport infrastructure;
(b) any other development for which consent has been granted.
(2) Guidance issued under this section must outline how licence conditions under section 142(5) of the Highways Act 1980 (licence to plant trees, shrubs, etc., in a highway) are to be applied and complied with in a way which—
(a) is not unreasonably burdensome on applicants for licences, and
(b) does not prevent or discourage the planting of trees, shrubs, plants or grass,
and must provide model licence conditions, standard designs, and planting palettes.”

Type: Backbencher

Signatures: 1

Lord Gascoigne (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This new Clause would require the Secretary of State to publish guidance on the planting of trees and other plants alongside new highways.

Amendment 61

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Reservoir development: enabling regulations for milestones and enforcement
(1) The Secretary of State may by regulations made by statutory instrument make provision for securing the timely planning, construction, commissioning and bringing into operation of reservoirs in England intended for public water supply.
(2) Regulations under this section may—
(a) confer power on the Secretary of State to require a water undertaker to commit to and achieve specified milestones, by specified dates, in relation to a specified reservoir,
(b) confer power on the Secretary of State to give directions to the undertaker for the purpose of meeting those milestones, and
(c) where any such milestone is not achieved, confer power on the Secretary of State to transfer to, and (where appropriate) return from, a specified person any powers, assets, liabilities and responsibilities of the undertaker as the Secretary of State considers necessary to secure the reservoir’s delivery and bringing into operation.
(3) Regulations under this section may—
(a) define milestones and the evidence required to demonstrate compliance,
(b) make provision about the transfer, vesting or return of land, property, rights, liabilities or statutory functions (including provisions of the Water Industry Act 1991 or other enactments) and about consideration or compensation payable on transfer,
(c) apply, disapply or modify any enactment relating to planning, compulsory purchase, environmental permitting or water resources in connection with the reservoir,
(d) make provision for dispute resolution and appeals,
(e) require the publication of progress reports, and
(f) make consequential, supplementary, incidental, transitional or saving provision, including provision amending or repealing any enactment.
(4) Before making regulations under this section the Secretary of State must consult—
(a) the Water Services Regulation Authority (Ofwat),
(b) the Environment Agency,
(c) any water undertaker likely to be affected, and
(d) any such other persons as the Secretary of State considers appropriate.
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 30 Jun 2025

Member's explanatory statement

This new Clause gives the Secretary of State a two-step power: first, to make regulations; second, for those regulations to (i) oblige a named water undertaker to commit to and achieve binding construction milestones for a specified reservoir and (ii) transfer any necessary powers, assets and responsibilities to another entity if the milestones are missed, ensuring critical water-supply infrastructure is delivered on time.

Opposition Amendment 297

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 64, page 99, line 20, at end insert—
“(c) taking, or directing another public authority to take, measures to eradicate any invasive non-native species where the presence of an invasive non-native species was a factor in the Secretary of State’s decision to revoke an EDP.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 27 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Kinnoull (XB - Excepted Hereditary) - 30 Jun 2025
Lord Blencathra (Con - Life peer) - 30 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would enable the Secretary of State, or a public authority so instructed by the Secretary of State, to take measures to eradicate a non-native species where the presence of an invasive non-native species was a factor in the Secretary of State’s decision to revoke an EDP.

Amendment 88B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 28, page 40, line 10, at end insert—
“(aa) must apply only to significant projects;”

Type: Backbencher

Signatures: 1

Lord Goodman of Wycombe (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment, and another in the name of the Lord Goodman of Wycombe, gives effect to the recommendation of the Delegated Powers and Regulatory Reform Select Committee that clause 28 should state explicitly that Ministerial consent to Forestry Commissioners’ and the National Resources Body for Wales’ renewable electricity projects should only apply to significant projects.

Amendment 88C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 28, page 41, line 10, at end insert—
““significant project” means a renewable energy development that falls under section 2(1) of the Infrastructure (Wales) Act 2024 or subsections 14(1)(a) and (b) of the Planning Act 2008.”

Type: Backbencher

Signatures: 1

Lord Goodman of Wycombe (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment, and another in the name of the Lord Goodman of Wycombe, gives effect to the recommendation of the Delegated Powers and Regulatory Reform Select Committee that clause 28 should state explicitly that ministerial consent to Forestry Commissioners’ and the National Resources Body for Wales’ renewable electricity projects should only apply to significant projects.

Opposition Amendment 298

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 64, page 99, line 20, at end insert—
“(9) Where the Secretary of State revokes an EDP, the Secretary of State must also seek to return any land obtained under a compulsory purchase order for the purposes of the EDP to the original owner.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment requires the Secretary of State to seek to return any land obtained under a compulsory purchase order where the Secretary of State revokes a connected Environmental Delivery Plan.

Amendment 62

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Deregulation of low hazard reservoirs
Within six months of the day on which this Act is passed, the Secretary of State must publish an assessment of the impact of the current regulatory regime for low hazard reservoirs, and set out proposals for the deregulation of such reservoirs to facilitate their construction.”

Type: Backbencher

Signatures: 2

Baroness McIntosh of Pickering (Con - Life peer) - 03 Jul 2025
Lord Bishop of Hereford (Bshp - Bishops) - 03 Jul 2025

Member's explanatory statement

This is a probing amendment to encourage the consideration of measures to facilitate the construction of small reservoirs that pose little potential threat to local communities.

Opposition Amendment 63

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 47, insert the following new Clause—
“Provision of solar panels in new transport infrastructure
(1) The Secretary of State must, by regulations, require that all new transport infrastructure projects requiring approval under any enactment make provision for the installation of solar panels where reasonably practicable.
(2) The regulations must include—
(a) criteria for determining when installation is reasonably practicable, including structural, environmental, and safety considerations;
(b) minimum surface area requirements for solar panel coverage where practicable;
(c) the types of transport infrastructure to which the requirement applies.
(3) “Transport infrastructure” includes but is not limited to—
(a) new or refurbished rail stations and rail lines,
(b) new or refurbished bus stations and depots,
(c) major road-building or upgrading projects, and
(d) other public transport hubs.
(4) Regulations under this section must be made by statutory instrument.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Opposition

Signatures: 1

Baroness Pidgeon (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Transport)

Member's explanatory statement

This new clause would require the Secretary of State to mandate the installation of solar panels in the construction of new transport infrastructure where reasonably practicable, through regulations made by statutory instrument.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 89

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was WITHDRAWN

After Clause 28, insert the following new Clause—
“Prohibition of solar power development on higher-quality agricultural land
No permission may be granted for the building or installation of provision for solar power generation where the development would involve—
(a) the building on or development of agricultural land at grade 1, 2, or 3a, and
(b) building or installation at ground level.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This new Clause would prohibit the development of solar power generation on higher-quality agricultural land.

Opposition Amendment 64

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 47, insert the following new Clause—
“Installation programme for HGV electric charging points
(1) The Secretary of State must, within two years of the passage of this Act, establish and implement an installation programme for electric charging points suitable for heavy goods vehicles (HGVs).
(2) The programme must include—
(a) a timetable for the installation of charging points across key transport infrastructure;
(b) minimum targets for the number and capacity of charging points to be installed within the two-year period;
(c) provisions to ensure geographic coverage that supports efficient HGV operation nationwide;
(d) measures to monitor and report progress annually to Parliament.
(3) The Secretary of State must lay a copy of the programme before Parliament within six months of the Act coming into force.
(4) For the purposes of this section, “key transport infrastructure” includes freight terminals, motorway service stations, rest areas, and major roads.”

Type: Opposition

Signatures: 2

Baroness Pidgeon (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Transport)

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Opposition Amendment 90

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was WITHDRAWN

After Clause 28, insert the following new Clause—
“Local Area Energy Plans
(1) All local authorities and combined authorities must create a Local Area Energy Plan in order to inform their decisions about local electricity infrastructure requirements.
(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 achieve net zero greenhouse gas emissions.”

Type: Opposition

Signatures: 2

Earl Russell (LD - Excepted Hereditary) - 01 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Baroness Bennett of Manor Castle (Green - Life peer) - 01 Jul 2025

Member's explanatory statement

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.

Government Amendment 298ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 64, insert the following new Clause—
“Remedial action by Secretary of State where EDP ends or is revoked
(1) This section applies where a report under section 62(1)(b) or (2) (report at end or on revocation of EDP) contains an assessment that the EDP has not passed, or would be unlikely to pass, the overall improvement test (see section 62(5B) and (5C)).
(2) The Secretary of State must take such action (“remedial action”) as the Secretary of State considers proportionate for the purpose of seeking to materially outweigh the negative effect on the conservation status of the identified environmental feature that is (or is likely to be) caused by the environmental impact (as identified in the EDP in accordance with section 55(1)(b)) of any development in respect of which a developer has paid or will pay the nature restoration levy.
(3) In deciding whether remedial action is proportionate, the Secretary of State must take into account—
(a) the extent of the negative effect on the conservation status of the identified environmental feature,
(b) the extent to which the remedial action would remedy that negative effect, and
(c) the cost of the remedial action.
(4) Remedial action may include—
(a) taking (or continuing to take) any conservation measures included in the EDP, or directing another public authority to take (or continue to take) such measures;
(b) taking, or directing another public authority to take, any other measures to improve the conservation status of the identified environmental feature.
(5) The Secretary of State must, before the end of the period of six months beginning with the date on which the report mentioned in subsection (1) is published, publish a statement setting out—
(a) the remedial action that the Secretary of State intends to take, and
(b) the effect that the remedial action is expected to have on the identified environmental feature.
(6) The Secretary of State must, before the end of the period of two years beginning with the date on which the statement mentioned in subsection (5) is published, publish a report setting out—
(a) the extent to which the remedial action has remedied the negative effect mentioned in subsection (2), and
(b) whether the remedial action has had its expected effect, as set out in the statement under subsection (5)(b).
(7) If any measures taken by way of remedial action have not been fully implemented by the time the report mentioned in subsection (6) is published—
(a) that report must set out when the measures are expected to be fully implemented, and
(b) the Secretary of State must publish a further report, containing the information required under subsection (6)(a) and (b), before the end of the period of six months beginning with the day on which the measures are fully implemented.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would require the Secretary of State to take remedial action in any case where an EDP ends (not only in cases of revocation) and its conservation measures have been assessed not to have been effective. It would also require the Secretary of State to publish a statement of the remedial action that will be taken and to report on it when it has been taken.

Amendment 298A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 65, page 99, line 21, at end insert—
“(A1) Any failure to meet the specified tests in an EDP as set out in section 57(8A) may result in a challenge to the EDP from relevant parties.
(B1) A challenge may be made to a court which may impose sanctions including—
(a) an advisory or warning letter;
(b) a direction to carry out specified activities.
(C1) “Relevant parties” means those appropriate persons or bodies which are considered to have the necessary ability and credentials to prepare and deliver an environmental delivery plan as identified under section 58(2A).”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 03 Jul 2025

Amendment 65

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Critical national developments
(1) The Secretary of State must, by regulations made within six months of the coming into force of this Act, designate one or more specified classes of development as “critical national developments” to which this section applies; and such classes may, in particular, comprise or relate to—
(a) major energy infrastructure,
(b) major transport infrastructure, or
(c) such other infrastructure as the Secretary of State considers appropriate.
(2) The Secretary of State must appoint a body to be known as the “Critical National Developments Taskforce” (“the Taskforce”).
(3) The Taskforce’s function is to provide independent advice to the Secretary of State in connection with any application made under this section.
(4) The Taskforce must consist of at least five and no more than twelve members appointed by the Secretary of State who, in the Secretary of State’s opinion, have appropriate expertise, and one member is to be appointed by the Secretary of State as chair.
(5) The Secretary of State may by regulations make provision about—
(a) the terms of appointment of Taskforce members (including remuneration, allowances and expenses),
(b) the procedures of the Taskforce, and
(c) the staffing and other resources of the Taskforce,
and must provide the Taskforce with such funding and other resources as the Secretary of State considers appropriate for the discharge of its functions.
(6) A person may apply to the Secretary of State for any planning permission and other regulatory consent required for a critical national development (“an application”).
(7) On receiving an application the Secretary of State must seek, and have regard to, the advice of the Taskforce.
(8) Subject to subsection (7), every consent to which an application relates is deemed to be granted at the end of the determination period unless, before the expiry of that period, the Secretary of State issues a written notice of objection to the granting of the consent; and in this subsection “the determination period” means—
(a) six months beginning with the day after the application is duly made, or
(b) such longer period as the Secretary of State may specify in a notice given to the applicant no later than the end of the period mentioned in paragraph (a).
(9) Where the Secretary of State issues a notice of objection under subsection (8) in respect of an application, subsection (8) does not apply and the application must be determined in accordance with the Planning Acts and any other applicable enactments (as if this section had not applied).
(10) A consent deemed to be granted by subsection (8) is subject to—
(a) any conditions or limitations specified by the Secretary of State in regulations under this section (whether general conditions or specific to the class of development), and
(b) compliance by the applicant with any prescribed requirements as to notification or publication in relation to the application.
(11) Regulations under this section may make further provision for the purposes of this section, including—
(a) the definition or description of critical national developments (which may be framed by reference to the nature, scale or purpose of a development),
(b) the descriptions of regulatory consents to which subsection (8) applies (and such consents may include consents or approvals required under enactments other than the Planning Acts),
(c) the form, content and manner of giving a notice of objection under subsection (8), and requirements for its publication or laying before Parliament,
(d) modifications to statutory timetables or procedures in connection with the operation of subsection (8),
(e) exemptions or exclusions from the operation of this section for specified areas, types of land, or particular regulatory regimes, and
(f) the form, content and manner in which an application under subsection (6) is to be made (which may include provision for electronic submission, accompanying information or documents, and the payment of any prescribed fee).
(12) The Taskforce must publish an annual report of its activities and lay a copy of that report before each House of Parliament; and it is to be treated as a non-departmental public body for the purposes of the Public Records Act 1958 and is subject to the obligations contained in the Freedom of Information Act 2000.
(13) In this section—
“the Planning Acts” has the meaning given by section 117(4) of the Planning and Compulsory Purchase Act 2004 and also includes the Planning Act 2008; and
“regulatory consent” means any licence, permission, consent or other authorisation (other than planning permission under the Planning Acts) required by or under any enactment in connection with the development or use of land.
(14) Regulations under this section shall be made by statutory instrument; and a statutory instrument containing such regulations may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.”

Type: Backbencher

Signatures: 2

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This new Clause enables the Secretary of State to designate certain classes of development as “critical national developments”, establishes an expert “Critical National Developments Taskforce” to advise on each application, and provides that planning permission (and any other necessary regulatory consent) for such developments is deemed to be granted six months after the application is made unless the Secretary of State issues a written objection within that period or extends the period.

Amendment 91

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Compulsory purchase for carbon dioxide pipelines: Pipe-Lines Act 1962
(1) In section 12A of the Pipe-Lines Act 1962 (compulsory purchase: carbon dioxide pipe-lines), after subsection (8), insert—
“(8A) Subsection (8)(a) does not apply to a compulsory purchase order in respect of a pipeline used wholly or mainly for the conveyance of carbon dioxide for the purposes of carbon capture and storage.
(8B) Such an order shall take effect without being subject to special parliamentary procedure.”
(2) In section 66 (general interpretation provisions), after the definition for “agricultural unit” insert—
““carbon capture and storage ” means the process of capturing carbon dioxide, transporting it, and permanently storing it underground.””

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment directly amends the Pipe-Lines Act 1962 to remove the requirement for special parliamentary procedure in cases where a compulsory purchase order is made for a CO2 pipeline used for carbon capture and storage.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 65 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 92

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Prohibition on the application of the nationally significant infrastructure projects regime to large-scale solar developments on the best and most versatile land
(1) Section 14 of the Planning Act 2008 (nationally significant infrastructure projects: general) is amended as follows.
(2) After subsection (1) insert—
“(1A) Large-scale solar developments must not be considered nationally significant infrastructure projects where they are built or developed on agricultural land at grade 1, 2, or 3a.”.
(3) After subsection (3) insert—
“(3ZA) The Secretary of State may not use orders under subsection (3)(a) to extend the application of subsection (1) to large-scale solar developments.””

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that planning decisions remain in the hands of local councils for large-scale solar developments on the best and most versatile land through prohibiting such developments from falling under the nationally significant infrastructure projects provisions in the Planning Act 2008.

Opposition Amendment 66

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Duty to prepare local electric vehicle charging infrastructure plans
(1) A local planning authority in England must, within 12 months of the day on which this Act is passed, publish a local electric vehicle charging infrastructure plan (“charging plan”) covering a period of three years.
(2) A charging plan must include an assessment of—
(a) projected demand for EV charging infrastructure within the authority’s area;
(b) the charging needs of both private and commercial vehicles, including road freight and depot based logistics operations;
(c) the adequacy and accessibility of existing infrastructure;
(d) proposed areas for investment or development to meet demand.
(3) Charging plans must be reviewed and updated at intervals of no more than three years.”

Type: Opposition

Signatures: 2

Baroness Pidgeon (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Transport)

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment requires local planning authorities in England to publish and regularly update a three-year electric vehicle charging infrastructure plan assessing demand, existing provision, and areas for development.

Opposition Amendment 299

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Before Clause 66, insert the following new Clause—
“Nature restoration levy: payment, liability and amount
(1) A developer may make a request in writing to Natural England to pay the nature restoration levy in relation to a development to which an EDP applies and if Natural England accept the request, the developer is committed to pay the nature restoration levy.
(2) The Secretary of State may make regulations about the nature restoration levy (“nature restoration levy regulations”).
(3) Nature restoration levy regulations may—
(a) seek to ensure that costs incurred in maintaining or improving the conservation status of environmental features can be funded (wholly or partly) by developers in a way that does not make development economically unviable,
(b) make provision about liability to pay the nature restoration levy in relation to a development, including who is liable to pay the levy, and when liability to pay arises.
(4) When considering the rates or other criteria to be set out in a charging schedule, Natural England must have regard to, in the manner specified by nature restoration levy regulations, the actual and expected costs of the conservation measures relating to the environmental impact of development on the environmental feature to which the charging schedule relates.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 93

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Duty of the Forestry Commission to contribute to climate change and nature targets
In section 1 of the Forestry Act 1967 (The Forestry Commission), after subsection (3B) insert—
“(3C) In exercising their functions related to planning, development and infrastructure, the Commissioners must take all reasonable steps to contribute to—
(a) the achievement of targets set under Part 1 of the Climate Change Act 2008,
(b) the achievement of biodiversity targets set under sections 1 to 3 of the Environment Act 2021, and
(c) adapting to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008.””

Type: Backbencher

Signatures: 4

Lord Krebs (XB - Life peer) - 03 Jul 2025
Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment would give the Forestry Commission a new climate change and nature duty requiring it to take all reasonable steps to contribute to the achievement of the Climate Change Act 2008 and Environment Act 2021 targets in exercising its functions related to planning, development and infrastructure.

Opposition Amendment 67

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Provision of electric vehicle charging infrastructure at freight depots and HGV facilities
(1) The Secretary of State must make regulations requiring the provision of electric vehicle charging infrastructure in new freight depots and in buildings used for heavy goods vehicle (HGV) operations, where such buildings are newly constructed or undergo major renovation.
(2) Regulations under subsection (1) are to be made by statutory instrument and may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Opposition

Signatures: 2

Baroness Pidgeon (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Transport)

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment requires the Government to make regulations mandating EV charging infrastructure in newly built or substantially renovated freight depots and HGV operation buildings, subject to parliamentary approval.

Opposition Amendment 68

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Prioritisation of electricity grid connections for electric vehicle infrastructure
(1) The Secretary of State must, within 12 months of the day on which this Act is passed, make regulations requiring electricity network operators to prioritise the allocation and commissioning of grid connections for electric vehicle charging infrastructure.
(2) In exercising their functions under this section, network operators must have particular regard to—
(a) the strategic importance of electric vehicle charging for HGVs and freight logistics,
(b) the role of such infrastructure in supporting national supply chain security and decarbonisation targets, and
(c) the location of key freight corridors, logistics depots, and transport hubs.
(3) A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Opposition

Signatures: 2

Baroness Pidgeon (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Transport)

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment requires the Government to ensure electricity network operators prioritise grid connections for electric vehicle charging infrastructure, with a focus on freight, logistics, and national decarbonisation goals.

Amendment 300

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 66, page 100, line 38, at end insert—
“(2A) Where Natural England has accepted the request to pay a nature restoration levy, the Secretary of State has a duty to take all necessary steps to ensure to a high degree of certainty based on an objective assessment that significant and measurable improvement to the conservation status of each identified environmental feature is achieved within the period covered by the EDP.”

Type: Backbencher

Signatures: 3

Baroness Willis of Summertown (XB - Life peer) - 03 Jul 2025
Baroness Parminter (LD - Life peer) - 03 Jul 2025
Lord Gascoigne (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require that EDPs secure significant and measurable improvements to nature.

Amendment 94

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Benefits for homes near shale wells
(1) The Secretary of State may by regulations establish a scheme under which persons with a specified connection to qualifying premises are entitled to financial benefits provided (directly or indirectly) by shale gas companies.
(2) Qualifying premises must be identified by reference to their proximity to qualifying works.
(3) Qualifying works must involve the onshore drilling for shale gas and may be works that took place before the making of the regulations or the coming into force of this section.
(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Type: Backbencher

Signatures: 2

Lord Lilley (Con - Life peer) - 03 Jul 2025
Lord Forsyth of Drumlean (Con - Life peer) - 28 Aug 2025

Amendment 301

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 66, page 100, line 38, at end insert—
“(2A) Natural England may only accept the request if Natural England is satisfied that—
(a) the developer has taken reasonable steps to appropriately apply the mitigation hierarchy, including by seeking to avoid harm wherever possible to the protected feature, and
(b) in the case of a plan or project affecting an irreplaceable habitat, a European Protected Species, or part of the National Site Network, there being no alternative solutions, the plan or project must be carried out for imperative reasons of overriding public interest.”

Type: Backbencher

Signatures: 4

Member's explanatory statement

This amendment ensures Natural England accepts requests only when developers have properly applied the mitigation hierarchy and justifies projects due to there being no alternative solutions and on imperative public interest grounds, especially for sensitive habitats.

Opposition Amendment 69

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 47, insert the following new Clause—
“National Lane Rental Scheme: establishment
(1) Within six months of the day on which this Act is passed, the Secretary of State must establish a National Lane Rental Scheme (“the Scheme”).
(2) The Scheme must ensure that—
(a) local authorities are able to grant lane rental permission to utility companies as standard,
(b) the Secretary of State is only involved in the granting of lane rental when utility companies appeal to the Secretary of State about the local authority’s actions under paragraph (a), and
(c) any public highway may be subject to lane rental provisions, irrespective of size or level of sensitivity.
(3) The Secretary of State must—
(a) consolidate existing regulations which provide for local authorities to grant permission for lane rental to utility companies for works, and
(b) ensure that any orders made under section 74A of the New Roads and Street Works Act 1991 which may contradict the provisions of the Scheme are repealed.
(4) The Secretary of State may by regulations made by statutory instrument vary provisions in the Scheme.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment would require the Secretary of State to bring forward a national scheme for Lane Rental during road works with the intention of developing a simpler, less bureaucratic, and more flexible scheme replacing the existing scheme of individual applications by transport authorities to the Secretary of State.

Amendment 94A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Prohibition of battery energy systems on higher quality agricultural land
No permission may be granted for the building or installation of provision for battery energy storage systems where the development would involve building on agricultural land at grade 1, 2, or 3a.”

Type: Backbencher

Signatures: 1

Lord Forsyth of Drumlean (Con - Life peer) - 03 Jul 2025

Amendment 301A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 66, page 101, line 37, as end insert—
“(6) All monies received from developers under the nature restoration levy must be treated as additional to the core funding of the Department for Environment, Food and Rural Affairs and Natural England.”

Type: Backbencher

Signatures: 1

Lord Teverson (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment ensures that payments by developers to the nature restoration levy are not used by the Government to reduce the core funding of DEFRA or Natural England.

Amendment 94B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Permission for energy substations on higher quality agricultural land
No permission may be granted for the building or installation of provision for energy substations where development would involve building on agricultural land at grade 1, 2 or 3 without the explicit consent of the landowner.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to prevent high and good quality agricultural land being displaced for energy substations.

Amendment 70

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 47, insert the following new Clause—
“Water Services Regulation Authority: transfer of functions
(1) Within six months of the day on which this Act is passed, the Secretary of State must, by regulations, make provision for the functions of the Water Services Regulation Authority relating to planning, development and infrastructure to be transferred to the Secretary of State.
(2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to transfer Ofwat’s functions relating to planning, infrastructure and development to the Secretary of State.

Amendment 71

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Electric vehicle charge points: cross-pavement charging solutions
(1) Residents who own an electric vehicle may install cross-pavement charging solutions where no off street parking is available to them.
(2) Any cross-pavement charging solution installed under subsection 1 does not require consent from—
(a) the local authority, or
(b) the landlord, if the property is not owned by the resident.
(3) Residents must not be charged for anything other than the installation costs for installing cross-pavement charging solutions under subsection (1).”

Type: Backbencher

Signatures: 1

Lord Liddle (Lab - Life peer) - 03 Jul 2025

Amendment 94C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 28, insert the following new Clause—
“Electricity infrastructure: consent
Consent may only be granted for any electricity infrastructure, including generation, transmission through interconnectors, and any associated infrastructure including substations, within a 50 square mile area where the cumulative capacity is less than 10% of the country’s total electricity capacity.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 66 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 302

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Schedule 4, page 163, line 31 after “feature” insert “, as identified in the EDP,”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Young of Old Scone (Lab - Life peer) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment confirms that only impacts addressed by an EDP are to be disregarded for the purposes of the Habitats Regulations.

Amendment 94D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 28, insert the following new Clause—
“GEMA: funding constraints based on planning consent
If an electricity project has not received planning consent, the GEMA must not grant or consider any grant—
(a) of Early Construction Funding, or
(b) relating to Accelerated Strategic Transmission Investment.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment 71A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Duty to keep strategic trunk roads clear of litter
In section 86 of the Environmental Protection Act 1990 (preliminary), after subsection (11), insert—
“(11A) The Secretary of State must, by order, transfer the responsibility for discharge of the of the duties imposed by section 89 (duty to keep land and highways clear of litter) below from the local authority to the highway or roads authority for every trunk road that forms part of the Strategic Road Network.”.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment 94E

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Permitted development for floating solar
(1) The Secretary of State must, within six months of the passing of this Act, make regulations under section 59 of the Town and Country Planning Act 1990 (Development orders: general) to amend the Town and Country Planning (General Permitted Development) (England) Order 2015 so as to include the installation of floating solar panels on reservoirs and associated works on operational land of the reservoir, including those where the electricity will be exported to third parties as permitted development.
(2) The regulations made under section 59 of the Town and Country Planning Act 1990 must include provisions regarding—
(a) minimum standards for the design, size, installation, and operational maintenance of the floating solar panels and associated works on operational land of the reservoir,
(b) requirements for inspection and ongoing compliance with safety standards, and
(c) protections for existing ecology.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause would require the Secretary of State to make regulations to allow the extension of permitted development rights to include the installation of floating solar panels on reservoirs and associated works on operational land of the reservoir, including those where the electricity will be exported to third parties as permitted development.

Opposition Amendment 71B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Designation of parking bays for electric vehicle charging
(1) A local traffic authority in England may not designate more than 10 per cent of on-street parking spaces on any given street for exclusive use by electric vehicles at public charge points unless—
(a) an equal number of general parking spaces are provided within 200 metres of the affected street, or
(b) the authority has published a notice setting out the reasons for the designation and has conducted a public consultation of not less than 30 days.
(2) In this section, “local traffic authority” has the same meaning as in section 121A of the Road Traffic Regulation Act 1984.
(3) This section applies to designations made by traffic regulation order under section 6 or section 45 of the Road Traffic Regulation Act 1984.”

Type: Opposition

Signatures: 1

Lord Moylan (Con - Life peer) - 03 Jul 2025

Shadow Minister (Transport)

Member's explanatory statement

This amendment imposes a proportional limit on the conversion of on-street parking bays for exclusive EV use unless compensatory parking or public consultation is provided. It aims to preserve equitable access to street parking during the EV rollout.

Opposition Amendment 303

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Schedule 4, page 164, line 5 after “feature” insert “, as identified in the EDP,”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Young of Old Scone (Lab - Life peer) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment confirms that only impacts addressed by an EDP are to be disregarded for the purposes of the Habitats Regulations.

Opposition Amendment 71C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Street works: guarantee period following reinstatement
(1) Within six months of the day on which this Act is passed, the Secretary of State must update codes of practice issued under section 71 of the New Roads and Street Works Act 1991 (materials, workmanship and standard of reinstatement) to give effect to the provision in subsection (2).
(2) The provision is that the guarantee period for permanent reinstatement of a highway runs for five years in the case of both general and deep openings.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to require the Secretary of State to update paragraph S1.1.2 of the Specification for the Reinstatement of Openings in Highways guidance to provide that the guarantee period following the reinstatement of a highway after street works runs for five years in all instances. Currently the guarantee period runs for two years for general works and three years for deep openings.

Amendment 94F

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 28, insert the following new Clause—
“Energy infrastructure projects: publication of environmental principles duty assessment
Where an energy infrastructure project requires assessment by either—
(a) the Secretary of State, or
(b) the Gas and Electricity Markets Authority,
the individual or body making that assessment must publish its assessment of the environmental principles duty in full, including advice provided and considered.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Opposition Amendment 304

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 67, page 101, line 41, leave out subsection (2) and insert—
“(2) In making the regulations, the Secretary of State must ensure that the overall purpose of the nature restoration levy is to ensure that costs incurred in maintaining and improving the conservation status of environmental features are funded by the developer.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment ensures that the cost of works for nature restoration and enhancement are covered by the developer, in accordance with the Polluter Pays Principle. The setting of the Levy schedule should act as a deterrent to developments that would have an outsized impact on the natural environment, redirecting them to locations with lower environmental impacts.

Amendment 305

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 67, page 102, line 2, at end insert—
“(3) The regulations made under subsection (1) must also require Natural England to offer a reduction in the amount of the nature restoration levy payable by a developer where the developer demonstrates, to the satisfaction of Natural England, that the proposed development incorporates measures to, and is taking steps to, enhance or restore biodiversity on the development site or on land immediately adjoining that site, beyond any minimum statutory requirement.
(4) For the purposes of subsection (3), the reduction must be proportionate to the scale and ecological value of the biodiversity enhancement or restoration delivered on or adjoining the site, and must be designed to incentivise the maximisation of such local biodiversity outcomes.
(5) The Secretary of State may, by regulations, make further provision about—
(a) the criteria and methodology for assessing the biodiversity enhancement or restoration for the purposes of subsection (3),
(b) the process by which a developer may demonstrate satisfaction to Natural England,
(c) the methodology for calculating the proportionate reduction in the nature restoration levy, and
(d) any exemptions to the requirement for a reduction where such on-site or adjoining-site action is not ecologically viable or would contravene other statutory duties.”

Type: Backbencher

Signatures: 3

Lord Grayling (Con - Life peer) - 26 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 306

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 67, page 102, line 2, at end insert—
“(3) Nature restoration levy regulations may make provision for those potentially liable to pay the levy to be consulted by Natural England in relation to the charging schedule for a prospective EDP and for the development of the EDP to which it relates to be the subject of a prospective viability assessment.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would provide for those potentially liable to pay a levy in relation to an EDP to be consulted by Natural England about the charging schedule for the levy and for a provisional assessment of the effect on the viability of development to be undertaken.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 67 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 306A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 68, page 102, line 26, at end insert—
“(e) imposing the liability to pay a proportionate contribution to the nature restoration levy in relation to a development where any impacts of the development cannot be fully dealt with through the mitigation hierarchy.”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to introduce a process by which a developer may be required to pay a proportionate contribution to the nature restoration levy where any impacts of the development cannot be fully dealt with through the mitigation hierarchy.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 68 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 307

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 69, page 103, line 17, at end insert—
“(3A) Administrative expenses in connection with an EDP may only be included in a charging schedule in accordance with the provisions of section 11 of the Natural Environment and Rural Communities Act 2006 (power to charge for services and licences).”

Type: Backbencher

Signatures: 1

Lord Gascoigne (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This restricts the ability of Natural England to charge for administrative expenses so that it may only be done in accordance with the NERC Act 2006. Section 11 of that Act defines what is allowed to be claimed with the consent of the Secretary of State.

Amendment 307A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 69, page 103, line 39, at end insert—
“(7) Any levy amount proposed by Natural England, or any other body preparing an EDP, must be accompanied by a budget breakdown showing separately any amount of the budget allocated as a contingency.
(8) In the event that an EDP is implemented and some of the budget or the contingency is not used to create environmental benefits that match the agreed level required to compensate for the associated development, then the unused amount is to be returned promptly to the party that paid the levy.
(9) To any amount returned under subsection (8) will be added interest at the Bank of England base rate plus 3%, due from the sooner of—
(a) the date when it was evident that the funds were not going to be required, or
(b) the completion of the agreed works.”

Type: Backbencher

Signatures: 1

Lord Cromwell (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment would ensure that while a contingency may be budgeted for in an EDP, unspent funds would be returned promptly to the levy payer and not retained for any other purposes by the recipient of the levy monies.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 69 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 308

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Before Clause 70, insert the following new Clause—
“Nature restoration levy: appeals, use, collection and enforcement
(1) Nature restoration levy regulations must—
(a) include provision about the collection of the nature restoration levy,
(b) require Natural England to spend money received by virtue of the nature restoration levy on conservation measures that relate to the environmental feature in relation to which the levy is charged,
(c) provide for a right of appeal on a question of fact in relation to the calculation of the amount of the levy payable by a developer,
(d) include provision about enforcement of the nature restoration levy and the consequences of late payment and failure to pay.
(2) Nature restoration levy regulations may require Natural England or another public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.
(3) The Secretary of State may give guidance to Natural England or another public authority about any matter connected with the nature restoration levy.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 70 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 308A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 17, after “Natural England” insert “or another public authority handling funds pursuant to section 71(5)(d) and section 72(7)”

Type: Backbencher

Signatures: 1

Lord Gascoigne (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment ensures that nature restoration levies are used to fund nature restoration activity even if transferred to, or collected by, an authority other than Natural England.

Amendment 309

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 20, after “charged” insert “within the boundary of the same local planning authority from which the levy received originated”

Type: Backbencher

Signatures: 2

Lord Gascoigne (Con - Life peer) - 01 Jul 2025
Lord Teverson (LD - Life peer) - 01 Jul 2025

Amendment 309A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 20 at end insert “and to use reasonable endeavours to ensure that the agreed conservation measures and the intended outcomes of an EDP are, either directly or indirectly, delivered.”

Type: Backbencher

Signatures: 1

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

As currently drafted, the Planning and Infrastructure Bill limits Natural England’s role under the nature restoration levy to spending funds and monitoring the implementation of EDPs. The amendment adds a duty to ensure that the money collected results in outcome based ecological improvements on the ground.

Amendment 310

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 27, leave out “may” and insert “must”

Type: Backbencher

Signatures: 1

Lord Gascoigne (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment, together with another in the name of Lord Gascoigne, would mean that future regulations would ensure Natural England publishes a list of all works in relation to each EDP including costings and expenses.

Amendment 311

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 36, at end insert—
“(d) require Natural England to consider a delivery hierarchy such that preference is given to those bodies and persons implementing the EDP;
(e) require Natural England to take reasonable steps to apply the mitigation hierarchy;
(f) require Natural England in applying the mitigation hierarchy to consider those areas where the overall improvement test would be most achievable (including but not limited to designated areas).”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This amendment and others in the name of the Earl of Caithness to clause 71 seek to provide further clarity on the criteria to be developed in secondary legislation.

Amendment 312

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 36, at end insert—
“(d) require Natural England to publish details including costings and expenses in relation to each EDP.”

Type: Backbencher

Signatures: 1

Lord Gascoigne (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 313

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 36, at end insert—
“(3A) The regulations may not permit Natural England to spend money received by virtue of the nature restoration levy for the purposes of acquiring land through a compulsory purchase order.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to prevent Natural England from spending money received from a nature restoration levy on acquiring land through compulsory purchase.

Amendment 314

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 38, leave out paragraphs (a) to (c)

Type: Backbencher

Signatures: 1

Lord Gascoigne (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This removes the ability for Natural England to “take a cut” from the nature restoration levy to subsidise their own administrative expenses.

Opposition Amendment 315

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 71, page 104, line 40, leave out paragraph (b)

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment prevents funds raised by virtue of the nature restoration levy from being reserved for future expenditure.

Amendment 316

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 71, page 105, line 5, at end insert “including to third parties where obligations are assumed through receipt of the levy in implementation of the EDP”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This amendment and others in the name of the Earl of Caithness to clause 71 seek to provide further clarity on the criteria to be developed in secondary legislation.

Opposition Amendment 317

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 71, page 105, line 6, leave out “use” and insert “return”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment grants the Secretary of State the regulation making power to make provisions for the return of excess funds raised through the nature restoration levy to the contributor.

Amendment 318

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 71, page 105, line 22, after “authority” insert “or appropriate body”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This amendment and others in the name of the Earl of Caithness to clause 71 seek to provide further clarity on the criteria to be developed in secondary legislation.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 71 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 318ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 71, insert the following new Clause—
“Use of nature restoration levy: farmer participation
(1) Nature restoration levy regulations must ensure that Natural England permits farmers to apply to participate in conservation measures funded by the levy, as—
(a) individual farmers managing a single agricultural holding, and
(b) farmer cluster groups, comprising two or more farmers operating collaboratively over multiple holdings.
(2) Regulations must include—
(a) clear criteria for farmer participation, including—
(i) minimum standards for conservation measures, and
(ii) evidence of capacity and commitment to deliver agreed conservation outcomes, and,
(b) procedures enabling farmers to—
(i) participate in conservation measures, and
(ii) receive levy funds,
relating to an EDP.
(3) Within three months of the day on which this Act is passed, Natural England must publish a guidance document setting out how individual farmers and farmer cluster groups may apply for funds provided by the levy.”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would ensure farmers and cluster farmer groups are able to apply to the Nature Restoration Fund and participate in the fulfilment of conservation measures required by Environmental Delivery Plans.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 72 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 73 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 74 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 75 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Government Amendment 318A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 76, page 108, line 35, at end insert—
“(c) monitoring EDPs.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would move the requirement on Natural England to monitor EDPs (currently in clause 57(7)) into clause 76.

Amendment 318B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 76, page 109, line 1, leave out “may” and insert “must”

Type: Backbencher

Signatures: 1

Lord Cromwell (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment, and another in the name of Lord Cromwell, strengthens the obligation on Natural England to use private markets to deliver Environmental Delivery Plans and creates a clear hierarchy of when and how Natural England takes on the management of Environmental Delivery Plans.

Amendment 319

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 76, page 109, line 1, after “another” insert “appropriate”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that those paid by Natural England to deliver EDPs have the appropriate expertise for the role.

Amendment 320

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 76, page 109, line 1, after “person” insert “or body to prepare an environmental delivery plan and”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This amendment, and another in the name of the Earl of Caithness to clause 76, seeks to ensure that those paid by Natural England to deliver EDPs have the appropriate expertise for the role.

Government Amendment 320A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 76, page 109, line 1, at end insert—
“(4) In monitoring an EDP, Natural England must take sufficient measures to monitor—
(a) the effectiveness of the conservation measures that have been implemented, and
(b) the effects of the EDP in general.
(5) In deciding how to monitor an EDP, Natural England must have regard to guidance issued by the Secretary of State.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would provide more detail about exactly how Natural England must monitor its EDPs. It would also move the provision about guidance from clause 57 into clause 76.

Amendment 320B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 76, page 109, line 1, at end insert—
“(4) When commissioning conservation measures under subsection (3), Natural England must undertake a competitive tender process.
(5) Natural England cannot undertake conservation measures itself unless it can show that no individual or body is willing to undertake conservation measures on its behalf.
(6) In the event that Natural England undertakes conservation measures itself, it must first attempt to purchase the land in question at market value.”

Type: Backbencher

Signatures: 1

Lord Cromwell (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 76 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 321

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 77, page 109, line 10, after “unless” insert “21 days”

Type: Backbencher

Signatures: 3

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025
Lord Blencathra (Con - Life peer) - 02 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025

Member's explanatory statement

This amendment, and another in the name of Lord Cameron of Dillington to clause 77, seeks to ensure that both statutory undertakers and private individual land managers are given equal treatment as regards the powers of entry to be exercised by Natural England.

Amendment 322

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 77, page 109, line 11, leave out from “occupier” to end of line 14

Type: Backbencher

Signatures: 3

Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025
Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025
Lord Blencathra (Con - Life peer) - 02 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 77 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 80 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 81 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Government Amendment 322A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 82, page 112, line 36, leave out “revoked EDP” and insert “remedial action”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment inserting a new clause after clause 64.

Government Amendment 322B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 82, page 113, line 5, leave out “revoked EDP” and insert “remedial action”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment inserting a new clause after clause 64.

Government Amendment 322C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 82, page 113, line 32, leave out subsection (6) and insert—
“(6) In this section “remedial action purposes” means purposes connected with the taking by the Secretary of State or another public authority of—
(a) a conservation measure as mentioned in section (Remedial action by Secretary of State where EDP ends or is revoked)(4)(a), or
(b) any other measure to improve the conservation status of an identified environmental feature as mentioned in section (Remedial action by Secretary of State where EDP ends or is revoked)(4)(b).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment inserting a new clause after clause 64.

Government Amendment 322D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 82, page 113, line 41, leave out “64(8)(a) or (b)” and insert “(Remedial action by Secretary of State where EDP ends or is revoked)(4)(a) or (b)”.

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment inserting a new clause after clause 64.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 82 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 323

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 83, page 114, line 6, at end insert “set out in an EDP”

Type: Backbencher

Signatures: 2

Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025
Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This is to ensure that Natural England can only exercise compulsory purchase powers connected to an EDP, as suggested in the explanatory notes to the Bill.

Opposition Amendment 324

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

Clause 83, page 114, line 6, at end insert—
“(2A) The power under subsection (1) may not be exercised in relation to land which is, or forms part of, a legally occupied dwelling or a private garden.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment prevents land that is part of a home or garden being subject to a compulsory purchase order in relation to an Environmental Delivery Plan.

Amendment 325

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 83, page 114, line 6, at end insert—
“(2A) The power under subsection (1) may not be exercised in relation to land—
(a) that is in personal use for the grazing of animals, and
(b) that is agricultural land of grades 1, 2 or 3a.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 02 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that (1) fields used by people to graze their animals, and (2) high quality agricultural land which could be used for food production, cannot be compulsorily purchased under the provision in Clause 83.

Amendment 325ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 83, page 114, line 6, at end insert—
“(2A) The power under subsection (1) may only be exercised if Natural England cannot purchase the land at market value.”

Type: Backbencher

Signatures: 1

Lord Cromwell (XB - Excepted Hereditary) - 03 Jul 2025

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 83 stand part of the Bill.

Type: Opposition

Signatures: 4

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness McIntosh of Pickering (Con - Life peer) - 26 Jun 2025
Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Government Amendment 325A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 84, page 115, line 3, leave out “revoked EDP” and insert “remedial action”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment inserting a new clause after clause 64.

Government Amendment 325B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 84, page 115, line 4, leave out subsection (2) and insert—
“(2) In subsection (1), “remedial action purposes” means purposes connected with the taking by the Secretary of State or another public authority of—
(a) a conservation measure as mentioned in section (Remedial action by Secretary of State where EDP ends or is revoked)(4)(a), or
(b) any other measure to improve the conservation status of an identified environmental feature as mentioned in section (Remedial action by Secretary of State where EDP ends or is revoked)(4)(b).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment inserting a new clause after clause 64.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 84 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Government Amendment 325C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 85, page 115, line 26, leave out paragraph (d)

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would remove the need for an annual report on EDPs to include an assessment of the effectiveness of all EDPs in force, which is considered no longer necessary in view of the changes made by my amendment to clause 62.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 85 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 326

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 6, after “another” insert “appropriate”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Amendment 327

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 6, after “person” insert “or body”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Amendment 328

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 7, at end insert “including the farmers and landowners affected by the EDP”

Type: Backbencher

Signatures: 2

Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025
Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This is a probing amendment to find out who or what is envisaged as “other persons” suitable to take on the responsibilities of Natural England under this part and whether they include the farmers and occupiers involved.

Amendment 328A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 7, at end insert “, including a National Park authority”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to clarify whether a National Park could discharge functions on behalf of Natural England under Part 3.

Amendment 329

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 9, after “designated” insert “appropriate”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Amendment 330

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 9, after “person” insert “or body”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Amendment 331

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 10, after “designated” insert “appropriate”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Amendment 332

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 10, after “person” insert “or body”

Type: Backbencher

Signatures: 3

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025
Baroness McIntosh of Pickering (Con - Life peer) - 03 Sep 2025
Baroness Young of Old Scone (Lab - Life peer) - 03 Sep 2025

Amendment

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 52, page 74, line 22, at end insert—
“(15) In this section, “affordable housing” includes Gypsy and Traveller sites provided by local authorities and other registered social landlords, which are considered “social housing” for the purposes of the Housing and Regeneration Act 2008, including pitches and associated essential facilities.”

Type: Backbencher

Signatures: 1

Baroness Whitaker (Lab - Life peer) - 03 Jul 2025

Amendment 333

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 86, page 116, line 18, at end insert—
“(5) For the purposes of this section a “designated person” must be a public body.”

Type: Backbencher

Signatures: 2

Baroness McIntosh of Pickering (Con - Life peer) - 27 Jun 2025
Baroness Young of Old Scone (Lab - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment clarifies that the powers given to Natural England under Part 3 can only be delegated to a public body.

Amendment 333A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

At end insert “or trusted partner as appropriate.
(6) For the purposes of this section a trusted partner is a body or organisation selected by the Secretary of State or Natural England as having the expertise, operational capacity and capability, eligibility and financial security necessary to exercise the functions of NE under this part.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment expands the definition of a designated person to include those bodies and organisations which are already working closely with Natural England and which are able to perform the necessary functions.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 86 stand part of the Bill.

Type: Opposition

Signatures: 4

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Baroness Coffey (Con - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 87 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 334

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Joint Nature Conservation Committee report
(1) The Joint Nature Conservation Committee must publish a report on how best to consolidate the provisions of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) into the Wildlife and Countryside Act 1981 in so far as they relate to planning and development.
(2) The report required by subsection (1) must be published by the end of 2025.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This new clause would require the Joint Nature Conservation Committee to report on how to consolidate the Conservation of Habitats and Species Regulations 2017 and the Wildlife and Countryside Act 1981, in so far as they relate to planning and development.

Amendment 335

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Pre-application biodiversity audit
(1) Before a relevant planning application or application for development consent may be considered by a planning authority or the Secretary of State, the applicant must carry out and submit a comprehensive biodiversity audit of the proposed development site.
(2) A “relevant planning application” means any application for planning permission, development consent, or reserved matters approval that involves—
(a) land disturbance exceeding a prescribed area,
(b) the creation or alteration of buildings exceeding a prescribed footprint or volume, or
(c) any development within or adjacent to a site of ecological designation or significance.
(3) For the purposes of this section, a “comprehensive biodiversity audit” means an assessment of the existing habitat types and their condition, and the ecological features present on the site and within its immediate vicinity, sufficient to establish a robust baseline biodiversity value.
(4) The biodiversity audit must—
(a) be undertaken by a suitably qualified and competent ecological professional,
(b) employ a recognised methodology for habitat classification and condition assessment, and
(c) include, but not be limited to, an assessment of habitat distinctiveness and ecological connectivity potential.
(5) The results of the biodiversity audit, including a baseline biodiversity value calculation, must be submitted as part of the planning application or application for development consent.
(6) A planning authority or the Secretary of State must not consider an application referred to in subsection (1) to be duly made unless the requirements of this section have been met.
(7) The Secretary of State may, by regulations, make further provision about—
(a) the prescribed areas, footprints, or volumes for the purposes of subsection (2),
(b) the methodology and scope of biodiversity audits under subsection (3) and (4),
(c) the qualifications and competence of professionals undertaking biodiversity audits, and
(d) any exemptions from the requirements of this section for specified types of development or sites of negligible biodiversity value.”

Type: Backbencher

Signatures: 2

Lord Grayling (Con - Life peer) - 26 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 26 Jun 2025

Amendment 336

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following next Clause—
“Transparency of off-site biodiversity mitigation decisions
(1) Where a planning authority or the Secretary of State grants a relevant consent for development where residual adverse impacts on biodiversity are to be compensated for, in whole or in part, by biodiversity gains delivered off-site, the planning authority or the Secretary of State, as the case may be, must, at the time of granting consent, publish a statement setting out the scientific basis for that decision.
(2) For the purposes of this section, a “relevant consent” means—
(a) a grant of planning permission under the Town and Country Planning Act 1990, or
(b) a grant of development consent under the Planning Act 2008.
(3) The statement required under subsection (1) must include, but is not limited to—
(a) a clear exposition of the methodology and data used to assess the biodiversity value of both the site of the proposed development and available off-site mitigations,
(b) the ecological rationale demonstrating how the proposed off-site biodiversity gains are scientifically assessed to be equivalent to, or greater than, the biodiversity losses incurred on the development site, taking into account habitat distinctiveness, condition, and connectivity,
(c) an explanation of how the decision to permit off-site mitigation aligns with the mitigation hierarchy, demonstrating that avoidance and on-site mitigation of biodiversity damage have been prioritised where feasible, and
(d) a justification of how the specific off-site mitigation chosen contributes demonstrably towards the achievement of the United Kingdom's biodiversity targets, including but not limited to the target to halt the decline in species abundance by 2030, as set out in the Environment Act 2021.
(4) The statement must be published in an accessible manner, including on the relevant planning authority's website or, in the case of the Secretary of State's decision, on a publicly accessible government website, alongside the decision notice for the relevant consent.
(5) The Secretary of State may, by regulations, make further provision about the form, content, and publication of statements required under this section.”

Type: Backbencher

Signatures: 2

Lord Grayling (Con - Life peer) - 26 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 26 Jun 2025

Amendment 337

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Sustainable drainage
The Secretary of State must bring into force in England all uncommenced parts of Schedule 3 of the Water Management Act 2010 (sustainable drainage) within three months of the day on which this Act is passed.”

Type: Backbencher

Signatures: 4

Baroness McIntosh of Pickering (Con - Life peer) - 26 Jun 2025
Baroness Young of Old Scone (Lab - Life peer) - 26 Jun 2025
Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Baroness Willis of Summertown (XB - Life peer) - 26 Jun 2025

Member's explanatory statement

In England, developers have the automatic right to connect surface water arising from new homes to the public sewerage system, irrespective of whether there is capacity for this. Implementation of Schedule 3 of the Flood and Water Management Act (2010) would end this automatic right to connect and provide a framework for the approval and adoption of Sustainable Drainage Systems (SuDS), paving the way for their widespread use.

Opposition Amendment 338

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Environmental infrastructure in new developments
(1) Within six months of to the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 (power to make building regulations) for the purpose of protecting and enhancing biodiversity.
(2) Regulations made under this section must—
(a) take account of biodiversity targets and interim targets set out in sections 1(2), 1(3)(c), 11 and 14 of the Environment Act 2021;
(b) include measures to enable the provision in new developments of—
(i) bird boxes;
(ii) bat boxes;
(iii) swift bricks;
(iv) hedgehog highways;
(v) biodiverse roofs and walls.”

Type: Opposition

Signatures: 2

Baroness Grender (LD - Life peer) - 27 Jun 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Baroness Freeman of Steventon (XB - Life peer) - 27 Jun 2025

Member's explanatory statement

This new clause would require the Secretary of State to introduce regulations to protect and enhance biodiversity in new developments.

Opposition Amendment 339

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Inclusion of wildbelt in planning considerations
(1) The Secretary of State must, within six months of the day on which this Act is passed—
(a) create a category of protection for wildbelt areas in England for the purpose of permanently protecting such areas from or during development, and
(b) issue guidance for local planning authorities and other relevant parties on how wildbelt land is to be protected.
(2) For the purposes of subsection (1), “permanently protecting” areas means protecting or restoring the natural environment in a wildbelt area, and in ecosystems functionally connected to a wildbelt area.
(3) Guidance issued under subsection (1)(b) must—
(a) provide assistance to local planning authorities and others on the identification of wildbelt sites;
(b) impose responsibilities on strategic planning authorities in relation to the development of spatial development strategies regarding—
(i) the use of Local Nature Recovery Strategies to protect and enhance wildbelt;
(ii) the reporting of progress towards the development of wildbelt sites;
(iii) the reporting of progress towards the use of wildbelt designation to increase public access to nature.
(4) For the purposes of this section, “wildbelt” has such meaning as the Secretary of State may specify in guidance, but must include—
(a) areas of land;
(b) bodies of water and adjacent land;
(c) wetlands.”

Type: Opposition

Signatures: 1

Baroness Grender (LD - Life peer) - 27 Jun 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This new clause would enable the creation of new wildbelt areas and associated ecosystems, and require guidance to be issued regarding the use of provisions of the bill to protect wildbelt areas.

Opposition Amendment 340

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Steps to be taken when exercising functions under Part 3
When exercising any function or fulfilling any duty under Part 3 of this Act, the Secretary of State and Natural England must take all reasonable steps to—
(a) avoid, prevent and reduce any identified significant adverse effects on the environment, and only permit such adverse effects where they cannot be avoided and where the adverse effects will be compensated for,
(b) enhance biodiversity,
(c) permit a significant adverse effect on a European site or Ramsar site only where justified by imperative reasons of overriding public importance and where the adverse effect will be compensated for, and
(d) prevent the loss of irreplaceable habitats, including ancient woodland and veteran and ancient trees, unless there are wholly exceptional reasons and any loss will be compensated for.”

Type: Opposition

Signatures: 2

Baroness Grender (LD - Life peer) - 27 Jun 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Baroness Freeman of Steventon (XB - Life peer) - 27 Jun 2025

Member's explanatory statement

This new clause would ensure that the Secretary of State and Natural England must take all reasonable steps to avoid causing adverse environmental effects.

Amendment 341

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Permitted development: ponds
In Part 13 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596), after paragraph D.2 insert—
“Class E – ponds
Permitted development
1. Development of ponds with a surface area of less than 1 hectare.
Interpretation of Class E
2. For the purpose of Class E, “pond” means a permanent or seasonal standing body of water with a surface area not exceeding 1 hectare.””

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 30 Jun 2025

Amendment 342

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“National Standards for Sustainable Drainage Systems
In section 106(4) of the Water Industry Act 1991 (right to communicate with public sewers), in paragraph (b), after “system” insert “, or—
(c) is such that the predicted or actual volume of water to be discharged thereafter into the public sewer would increase flood risk due to lack of capacity;
or if the current National Standards for Sustainable Drainage Systems have not first been applied.””

Type: Backbencher

Signatures: 2

Baroness McIntosh of Pickering (Con - Life peer) - 01 Jul 2025
Baroness Willis of Summertown (XB - Life peer) - 01 Jul 2025

Member's explanatory statement

The amendment adds weight to the Government’s newly-introduced National Standards for Sustainable Drainage Systems (SuDS) by making the right to communicate with the public sewer conditional on having applied the standards first. Changing the right to connect to the public sewer to be conditional upon first having followed the new Standards will provide a more robust incentive to developers to follow this guidance, in the absence of full implementation of Schedule 3 of the Flood and Water Management Act 2010.

Amendment 343

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Independent oversight of administration of Part 3
(1) The Secretary of State must establish an independent body to monitor the success of EDPs in achieving the overall improvement test and the administration of the nature restoration levy by Natural England.
(2) The independent body may request information from Natural England relating to Natural England’s powers and duties under sections 76 and 83.
(3) The independent body may request information from Natural England relating to Natural England’s administration of the nature restoration levy.
(4) The independent body must report to the Office of Environmental Protection and the National Audit Office.
(5) The independent body may report to the Secretary of State on—
(a) any concerns relating to Natural England’s powers and duties under Part 3, and
(b) any other matters relating to Natural England’s powers and duties under Part 3 as the independent body deems appropriate.”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This new clause would provide for independent oversight of Natural England’s powers and duties under Part 3.

Amendment 344

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Duty to inform Natural England about development plans
When making a development plan, a local planning authority must inform Natural England of potential sites for development in relation to whether an EDP may be required.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require plan-making authorities to tell Natural England when it allocates potential sites for development where an EDP would be needed.

Opposition Amendment 345

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Heritage tree preservation orders
(1) A local planning authority may make a heritage tree preservation order in respect of a heritage tree.
(2) The Secretary of State must make provision by regulations for heritage tree preservation orders, which must include provision—
(a) for a heritage tree to have all the protections afforded to a tree by a tree preservation order under section 198 of the Town and Country Planning Act 1990 (power to make tree preservation orders);
(b) requiring the owner of a heritage tree, or any other occupier of the land where the tree stands, to advertise appropriately its status as such, and the penalties for harming it, to persons approaching the tree or planning activities in its vicinity;
(c) enabling the responsible planning authority, Natural England or the Secretary of State to order the owner of a heritage tree or any other occupier of the land where the tree stands to take specified reasonable steps to maintain and protect the tree and, if the owner or occupier does not take such steps in reasonable time, to take such steps itself and to recover the reasonable cost of doing so from the owner or occupier;
(d) for the responsible planning authority, Natural England, the Secretary of State or another prescribed responsible body to enter into an agreement with the owner or occupier about the care and preservation of the heritage tree (a “heritage tree partnership agreement”), including about costs;
(e) for additional or higher penalties for breach of a heritage tree preservation order.
(3) The Secretary of State must make provision for the creation, publication and maintenance of a register of heritage trees in respect of which heritage tree preservation orders have been made.
(4) For the purposes of this section, “heritage tree” means a tree listed as such by Natural England on grounds of exceptional historic, landscape, cultural or ecologic importance.
(5) Natural England must create, publish and maintain a list of heritage trees in England for the purposes of this section.”

Type: Opposition

Signatures: 4

Baroness Grender (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Baroness Tyler of Enfield (LD - Life peer) - 03 Jul 2025
Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This new Clause provides for the protection of heritage trees.

Amendment 346

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Local authorities: report on land contamination
(1) Within 12 months of the day on which this Act is passed, local authorities in England must report to the Secretary of State on the overall incidence of land contamination in their area, the effect that land contamination is having on planning and development decisions in their area, and the resources needed to bring this contamination to safe levels in order to support future safe planning and development in their area.
(2) Within 24 months of the day on which this Act is passed, the Secretary of State must publish a review of the incidence of land contamination in England and the effect that it is having on planning and development decisions in England.
(3) The review must—
(a) publish the reports provided under subsection (1),
(b) have regard to the reports provided under subsection (1),
(c) identify the resources required to bring all land contamination in England to safe levels in order to support future safe planning and development in England, and
(d) identify any legislative changes necessary to bring all land contamination in England to safe levels in order to support future safe planning and development in England.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require the Secretary of State and local authorities to identify the level of contaminated land in England and the necessary resources to bring contamination to safe levels.

Amendment 346A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Duty to further the conservation and enhancement of nature
In the Forestry Act 1967, after section 3 (management of forestry land) insert—
“3A Use of land within Protected Landscapes: nature duty
(1) When undertaking their responsibilities relating to planning, development and infrastructure, forestry authorities must do so in a way which conforms with the nature duty.
(2) The nature duty is that, for all land within a National Park, the Broads or a National Landscape, the appropriate forestry authority must further the conservation and enhancement of nature, natural beauty and biodiversity.
(3) When there is a conflict between the general duty set out in section 1(2) and the nature duty set out in subsection (2), the appropriate forestry authority must give priority to the nature duty.””

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Opposition Amendment 346B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 87, insert the following new Clause—
“Exemption for new nuclear power station sites from obligations under habitats regulations
(1) The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) do not apply to the development of new nuclear power station sites.
(2) Accordingly, no planning authority, statutory body, arms-length body, or court may—
(a) withhold planning permission,
(b) require mitigation or compensatory measures, or
(c) prevent or delay the grant of consent,
for a new nuclear power station on the basis of any obligation, assessment, or procedure under the Conservation of Habitats and Species Regulations 2017
(3) Site-specific obligations from which nuclear power station site developers are exempted under subsection (1) include, but are not limited to—
(a) wildlife mitigation measures such as bat tunnels and acoustic deterrents for fish, and similar infrastructure, whether proposed under regulatory advice or statutory process, and
(b) application of mitigation hierarchies or appropriate assessments under the Conservation of Habitats and Species Regulations 2017.”

Type: Opposition

Signatures: 1

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Member's explanatory statement

This amendment disapplies all the provisions of the Conservation of Habitats and Species Regulations 2017 to the development of nuclear power stations, and so prevents planning authorities, statutory bodies, arms-length bodies, and courts from blocking development consent or imposing mitigations on the basis of those regulations.

Opposition Amendment 346C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 87, insert the following new Clause—
“Exemption for new nuclear power station sites from obligations under environmental impact assessments
(1) Notwithstanding any requirement under the planning enactments, no planning authority or statutory body—
(a) shall be required to withhold or delay development consent for a new nuclear power station on the basis of any anticipated environmental impact;
(b) may impose mitigation conditions or design alterations to a nuclear power station solely in consequence of an environmental impact assessment.
(2) Site-specific obligations which may not be required solely on the basis of an environmental impact assessment include, but are not limited to—
(a) wildlife mitigation measures such as bat tunnels and acoustic deterrents for fish, and
(b) application of mitigation hierarchies under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/1012).
(3) For the purposes of this section, “planning enactments” means the Town and Country Planning Act 1990, the Planning Act 2004, the Planning Act 2008, the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017, and this Act.”

Type: Opposition

Signatures: 1

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Member's explanatory statement

This amendment gives a planning authority, including the Secretary of State, the power to grant planning consent to a nuclear power station regardless of the findings of an environmental impact assessment, and prevents planning authorities and statutory bodies from imposing mitigations or conditions on nuclear power stations based on the findings of an environmental impact assessment.

Opposition Amendment 346D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 87, insert the following new Clause—
“Limitation of judicial review for new nuclear power station sites
(1) No court or tribunal may entertain—
(a) an application for judicial review of, or
(b) an appeal against,
a decision by the Secretary of State to grant a development consent order for a nuclear power station and any associated infrastructure under the Planning Act 2008.
(2) Subsection (1) includes any claim brought on the basis that—
(a) the proposed development has not complied with the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012),
(b) any environmental plan, programme or delivery obligation has not been fulfilled, or
(c) any provision of the planning enactments relating to environmental protection has not been complied with.
(3) Subsections (1) and (2) apply notwithstanding—
(a) any other provision or rule of domestic law (including any common law), and
(b) any interpretation of international law by the court or tribunal.
(4) For the purposes of this section, “Planning Acts” means the Town and Country Planning Act 1990, the Planning Act 2004, the Planning Act 2008, the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017, and this Act.”

Type: Opposition

Signatures: 1

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Member's explanatory statement

This amendment prevents applications for judicial review of the Secretary of State’s decision to grant development consent for a nuclear power station, including on the grounds of non-compliance with habitat regulations or environmental protection obligations.

Amendment 346DA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Development for reasons of national security or energy security in the absence of an EDP
(1) The Conservation of Habitats and Species Regulations 2017 (SI 2017/1012) are amended as follows.
(2) In regulation 64 (Considerations of overriding public interest), at end insert—
“(7) In paragraph (1), “imperative reasons of overriding public interest” may include a situation where—
(a) the Secretary of State considers that the development is necessary—
(i) for reasons of national security, or
(ii) in relation to the generation and conveyance of low carbon electricity, energy and security, and
(b) no environmental delivery plan under the Planning and Infrastructure Act 2025 applies to the plan or project
(8) In paragraph (1), “no alternative solutions” should be read to mean no alternative solution which can be delivered whilst maintaining reasonable development costs.
(9) “Low carbon electricity generation” has the meaning given in section 6(3) of the Energy Act 2013 (Regulations to encourage low carbon electricity generation).”
(3) In regulation 68 (Compensatory measures), at end insert—
“(2) The Secretary of State may disapply this regulation where—
(a) the appropriate authority commits to alternative compensatory environmental measures, and
(b) the Secretary of State considers these measures—
(i) have a higher environmental value than any compensation measures which would be necessary to meet the requirements of this regulation, or
(ii) are necessary to maintain reasonable development costs.
(3) Within six months of the day on which the Planning and Infrastructure Act 2025 is passed, the Secretary of State may publish guidance setting out how reasonable development costs are to be assessed in relation to this regulation.””

Type: Backbencher

Signatures: 2

Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025
Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Amendment 346DB

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Amendment to the Habitats Regulations 2017
In Schedule 2 of the Habitats Regulations 2017, omit—
“

Bats, Horseshoe (all species)	Rhinolophidae
Bats, Typical (all species)	Vespertilionidae

””

Type: Backbencher

Signatures: 1

Lord Howard of Rising (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This probing amendment would remove the legal protection afforded to bats under the Conservation of Habitats and Species Regulations 2017.

Amendment 346DC

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Exemption of lawful demolition and construction from sections 1 and 3 of the Wildlife and Countryside Act 1981
In section 4 of the Wildlife and Countryside Act 1981 (exceptions to ss. 1 and 3), after subsection (3)(a), insert—
“(ab) lawful demolition and construction;”.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to remove potential obstacles to development caused by provisions made under sections 1 or 3 of the Wildlife and Countryside Act 1981.

Opposition Amendment 346DD

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Regulations: nutrients in water in England
(1) The Secretary of State may by regulations make provision about the operation of any relevant enactment in connection with the effect of nutrients in water that could affect a habitats site connected to a nutrient affected catchment area.
(2) The regulations may make any provision which the Secretary of State considers appropriate, including provision that—
(a) disapplies or modifies, in relation to a relevant enactment, any effect of nutrients in water;
(b) confers, removes or otherwise modifies a function (including a function involving the exercise of a discretion) under or by virtue of a relevant enactment;
(c) affects how such a function is exercised, including the extent to which (if any) the effect of nutrients in water is taken, or to be taken, into account;
(d) provides for an obligation under or by virtue of a relevant enactment to be treated as discharged (in circumstances where, but for the provision, the obligation may not have been discharged);
(e) amends, repeals, revokes or otherwise modifies any provision of a relevant enactment.
(3) A “relevant enactment” means—
(a) an enactment comprised in or made under an Act of Parliament so far as it relates to planning or development in England, or
(b) retained direct EU legislation, so far as it relates to planning or development in England.
(4) The enactments referred to in subsection (3)(a) do not include—
(a) this section;
(b) Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).
(5) Neither regulation 9 nor 16A of the Conservation of Habitats and Species Regulations 2017 applies in relation to this section.
(6) In subsection (1) “habitats site” means a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I.2017/1012) (see regulation 8) and “nutrient affected catchment area” means an area designated under Section (Nutrient affected and sensitive catchment areas), and a habitats site is connected to a nutrient affected catchment area if water released into the catchment area would drain into the site.
(7) In this section “nutrients” means nutrients of any kind.
(8) The power under subsection (1) may not be exercised after 31 March 2030.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Maclean of Redditch (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment, and others in the name of Lord Roborough, confers a power on the Secretary of State to make regulations affecting the operation, in connection with the effect of nutrients in water, of enactments concerned with the environment, planning or development in England.

Opposition Amendment 346DE

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Nutrient affected catchment areas
(1) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water of any kind, the Secretary of State must designate the catchment area for the habitats site as a nutrient affected catchment area.
(2) The pollution in subsection (1) must be caused by development or changes made to land or buildings following a planning decision.
(3) In determining—
(a) whether a habitats site is in an unfavourable condition by virtue of pollution from nutrients in water of any kind, or
(b) the catchment area for a habitats site,
the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England, the Environment Agency or the Joint Nature Conservation Committee.
(4) A designation under subsection (1)—
(a) must be in writing,
(b) must be published as soon as practicable after being made, and
(c) takes effect—
(i) on the day specified in the designation, or
(ii) if none is specified, on the day on which it is made.
(5) A designation under this section may not be revoked, and it is immaterial for the purposes of the continued designation of an area whether subsection (1) continues to be satisfied in relation to it.
(6) In this section “catchment area”, in relation to a habitats site, means the area where water, if released, would drain into the site.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Maclean of Redditch (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 346DF

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Report on the merits of removing distance from the biodiversity metric
The Secretary of State must, within six months of the day on which this Act is passed, lay a report before Parliament assessing the merits of removing distance from the biodiversity metric when measuring the biodiversity value of registered offsite biodiversity gain under paragraph 4 of Schedule 7A of the Town and Country Planning Act 1990.”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This a probing amendment which would require the Secretary of State to report on the potential benefit of removing distance from the biodiversity metric when measuring the biodiversity value of registered offsite biodiversity gain under paragraph 4 of Schedule 7A of the Town and Country Planning Act 1990.

Opposition Amendment 346DG

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 87, insert the following new Clause—
“Nuclear power station development
(1) Section 104 of the Planning Act 2008 (decisions in cases where national policy statement has effect) is amended as set out in subsections (2) to (4).
(2) In subsection (2), insert at the beginning “Subject to subsection (3A)”.
(3) In subsection (3), for "(4)" substitute "(3A)".
(4) After subsection (3) insert—
“(3A) Subsection (2)(a) to (c) does not apply, and this subsection applies, in the case of an application for an order granting development consent for a nuclear-powered generating station with a proposed nameplate capacity of 500MW or higher, if and to the extent that the Secretary of State considers it is necessary and appropriate to disregard any provision of—
(a) the Conservation of Habitats and Species Regulations 2017,
(b) the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017, or
(c) any environmental delivery plan made under the Planning and Infrastructure Act 2025,
to secure the provision of the generating station in an economic, efficient, proportionate and timely manner.”.
(5) By the end of the period of six months beginning with the day on which this Act is passed, the Secretary of State must make regulations to amend the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 to provide for a bespoke regime for the environmental impact assessment of any proposal for an order granting development consent for a nuclear-powered generating station with a proposed nameplate capacity of 500MW or higher.
(6) Regulations made pursuant to subsection (5) must make provision for—
(a) a page limit for environmental statements, not exceeding 1,000 pages for the main body of the statement and a total of 4,000 pages for any appendices, and
(b) any person or body consulted on an environmental impact assessment to respond to the consultation within 21 days.”

Type: Opposition

Signatures: 1

Lord Offord of Garvel (Con - Life peer) - 03 Jul 2025

Shadow Minister (Energy Security and Net Zero)

Member's explanatory statement

This clause makes special provision in relation to large-scale nuclear power station developments by allowing the Secretary of State, when determining an application for a Development Consent Order, to disregard regulations relating to environmental impact assessment, habitats regulations assessment, or any environmental delivery plan, if this is considered necessary for the delivery of the nuclear power station. It also requires the Secretary of State to bring forward regulations to put in place a more proportionate environmental impact assessment regime for proposed nuclear power station development.

Government Amendment 346E

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Before Clause 88, insert the following new Clause—
“General duties when exercising functions relating to EDPs
(1) This section applies where—
(a) Natural England or the Secretary of State is exercising any functions in relation to the preparation, amendment or revocation of an EDP, or
(b) the Secretary of State is considering whether to take, or is taking, remedial action under section (Remedial action by Secretary of State where EDP ends or is revoked).
(2) Natural England or the Secretary of State must take account of the best available scientific evidence.
(3) Natural England or the Secretary of State must have regard to—
(a) the development plan for the development area,
(b) the current environmental improvement plan,
(c) any Environment Act strategies, and
(d) any other strategies or plans,
so far as Natural England or the Secretary of State considers them to be relevant.
(4) Where an EDP specifies as the development area an area that includes waters adjacent to England (see section 54(2)(b)), Natural England or the Secretary of State must also have regard to—
(a) any marine plan,
(b) the marine policy statement, and
(c) the UK marine strategy,
so far as Natural England or the Secretary of State considers them to be relevant.
(5) Where an EDP includes as an identified environmental feature a protected feature of a protected site, Natural England or the Secretary of State must have regard to any conservation objectives of the site that relate to the feature, so far as Natural England or the Secretary of State considers them to be relevant.
(6) Where an EDP includes as an identified environmental feature a protected species, Natural England or the Secretary of State must have regard to the need to achieve favourable conservation status for that species in their natural range.
(7) Subsection (8) applies where—
(a) an EDP includes as an identified environmental feature a protected feature of a protected site, and
(b) the EDP includes conservation measures of the type mentioned in section 55(4) (network conservation measures).
(8) Natural England or the Secretary of State must have regard to the need to protect the overall coherence of each relevant site network of which the protected site forms a part, so far as it relates to the protected feature.
(9) The Secretary of State may by regulations make provision about other things that must be done by Natural England when exercising functions in relation to the preparation, amendment or revocation of an EDP.
(10) In this section—
“current environmental improvement plan” has the same meaning as in Part 1 of the Environment Act 2021 (see section 8 of that Act);
“development plan” has the same meaning as in section 38 of the Planning and Compulsory Purchase Act 2004;
“Environment Act strategy” means a strategy prepared under any of the following provisions of the Environment Act 2021—
(a) section 104 (local nature recovery strategies);
(b) section 109 (species conservation strategies);
(c) section 110 (protected site strategies);
“marine plan” has the meaning given in section 51(3) of the Marine and Coastal Access Act 2009;
“marine policy statement” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 44 of that Act);
“relevant site network” means—
(a) the national site network within the meaning of the Habitats Regulations 2017 (see regulation 3 of those Regulations);
(b) the national Ramsar site series within the meaning of the Habitats Regulations 2017 (see regulation 3 of those Regulations);
(c) the network referred to in section 123(2) of the Marine and Coastal Access Act 2009 (marine protected area network).
“the UK marine strategy” means the strategy developed under the Marine Strategy Regulations 2010 (S.I. 2010/1627).”

Type: Government

Signatures: 2

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Lord Grantchester (Lab - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

Clause 58 sets out matters to which Natural England must have regard when preparing an EDP. This amendment would extend that duty to the exercise of other functions relating to an EDP (e.g. amendment and revocation) by both Natural England and the Secretary of State. It would also add in additional matters to which Natural England and the Secretary of State must have regard when exercising functions.

Amendment 347

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 88, page 117, line 31, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment 348

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 88, page 117, line 36, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 88 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 349

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 89, page 118, line 14, at end insert—
“(aa) Part 1A amends the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) to provide that scientific evidence must be considered when carrying out functions under those Regulations in respect of planning;”

Type: Backbencher

Signatures: 2

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment inserts a reference to a new Schedule 6, Part 1A (which amends the Habitats Regulations 2017) and is inserted by another amendment tabled by Lord Hunt of Kings Heath at Schedule 6, page 176, line 22.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 89 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Government Amendment 349A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Schedule 6, page 173, line 1, after “(1)” insert “—
(a) after the definition of “marine area” insert—
““the national Ramsar site series” means all the wetlands in the United Kingdom that have been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;”;”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would be a drafting correction to insert a definition of “the national Ramsar site series” into the Habitats Regulations.

Amendment 349B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Schedule 6, page 173, line 38, at end insert—
“(ba) after paragraph (6) insert—
“(6A) In considering whether there is likely to be a significant effect for the purpose of paragraph (1), the competent authority must have regard to the manner in which the plan or project is proposed to be carried out, including any conditions, restrictions or other mitigation measures which the person applying for the consent, permission or other authorisation proposes to implement and which are likely to be secured.
(6B) De minimis effects should not be considered likely to cause a significant effect on a European site or European offshore marine site for the purpose of paragraph (1)(b) or to adversely affect the integrity of a European site or European offshore marine site for the purpose of paragraph (5), including in cases where there is a de minimis effect on a natural habitat type whose preservation was the objective justifying the designation of the site, including priority natural habitat types.
(6C) In carrying out its functions pursuant to this article, the competent authority must act in accordance with guidance issued by the Secretary of State, which may include guidance specifying the information that may be reasonably required by a competent authority for the purposes of the assessment or to enable it to determine whether an appropriate assessment is required pursuant to paragraph (2).”;
(bb) After paragraph (7)(c) insert—
“(d) consents, approvals permissions or authorisations required pursuant to—
(i) the conditions of a planning permission granted under the Town and Country Planning Act 1990,
(ii) the requirements of a development consent order made under the Planning Act 2008, or
(iii) the conditions of a marine licence granted pursuant to Marine and Coastal Access Act 2009
provided that the assessment requirements were complied with at the time of the grant of planning permission, development consent or marine licence.”;”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment is intended to address the problems caused by three legal cases (People Over Wind, Sweetman No 1 and CG Fry), and to provide a hook for statutory guidance aimed primarily at addressing the customs and practice of the Statutory Nature Conservation Bodies.

Amendment 350

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Schedule 6, page 176, line 22, at end insert—
“Part 1A
Planning consent: amendments to the conservation of habitats and species regulations 2017
Interpretation etc
1 The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
2 In regulation 3 (interpretation), in paragraph (1)—
(a) after the definition of “priority species”, insert—
““protected features” means, in relation to a European site or European offshore marine site, any Annex I or Annex II species (as defined in the Habitats Directive) which is an interest feature of that site;”;
(b) after the definition of “sample” insert—
““scientific evidence” means evidence which adheres to an appropriate and proportionate scientific methodology and on that basis draws a conclusion in relation to the pathway or scale of impact which is scientifically justified;
“scientific justification” means a credible justification based on evidence of real rather than hypothetical risks or absence of such risks (as the case may be), and “scientifically justified” shall be read accordingly;”.
3 In regulation 3A (interpretation: the Directives), in paragraph (4) at end insert “or any matters pertaining to the assessment of, or compensation for, plans or projects pursuant to regulations 63 and 68, or the protection of species and species licensing pursuant to regulations 43 and 55”.
Duty to consider the scientific evidence
4 Regulation 55 (licences for certain activities relating to animals or plants) is amended as follows.
5 In paragraph (9), after “satisfied” insert “, subject to paragraph (9A)”.
6 After paragraph (9), insert—
“(9A) When deciding on the granting of a licence under paragraph (9) which is in connection with planning and development, the relevant licensing body must be satisfied based on scientific evidence or a scientific justification.”.
7 Regulation 63 (assessment of implications for European sites and European offshore marine sites) is amended as follows.
8 After paragraph (1) insert—
“(1A) For the purpose of paragraph (1), and notwithstanding any reference to “typical species” in the conservation objectives, any non-bird animal species is only relevant to the assessment if it is specifically named as a basis for the site’s designation.”.
9 After paragraph (3) insert—
“(3A) Where an appropriate nature conservation body considers that the applicant has not met the requirements of paragraph (2) it must provide a statement to the competent authority with details of the further information required and the scientific justification for this requirement, and the applicant must be given an opportunity to respond.”.
10 In paragraph (4), for the first “It” substitute “The competent authority”.
11 In paragraph (5), after “ascertained” insert “(on a scientifically justified basis not requiring absolute certainty)”.
12 In paragraph (6)—
(a) after “project” insert “is likely to have a significant effect on or”;
(b) for “have” substitute “base its conclusion on scientific evidence, having”; and
(c) for “it”, in the first place it occurs, substitute “the plan or project”.
13 After paragraph (6), insert—
“(6A) Where there is scientific evidence that the effects of a plan or project alone on a protected feature are likely to be de minimis (including due to their temporary duration) and the plan or project’s contribution to in-combination effects with other plans or projects on that protected feature is also likely to be de minimis, there should not be considered to be a likely significant effect on a European site or European offshore marine site for the purpose of paragraph (1)(a) or an adverse effect on the integrity of a European site or European offshore marine site for the purpose of paragraph (5), including in cases where the European site or European offshore marine site has an unfavourable conservation status.
(6B) For the purpose of paragraph (6A) as it applies to paragraph (5), the manner in which a plan or project is proposed to be carried out and any conditions or restrictions subject to which it is proposed that the consent, permission or other authorisation should be given, may be taken into account when considering whether effects are likely to be de minimis.
(6C) Paragraph (6A) shall not apply in relation to permanent loss of any part of a natural habitat type whose preservation was the objective justifying the designation of the site.
(6D) Any scientific evidence or scientific justification provided by an applicant for the purpose of assessment, or to enable a competent authority to determine whether an appropriate assessment is required, shall not (without scientific justification) be accorded less weight by the competent authority than that provided by the appropriate nature conservation body.”.
Cases where subsequent assessment is not required
14 In paragraph (7) of regulation 63 (assessment of implications for European sites and European offshore marine sites), after sub-paragraph (c), insert—
“(d) consents, approvals, permissions or authorisations required pursuant to—
(i) the conditions of a planning permission granted under the Town and Country Planning Act 1990;
(ii) the requirements of a development consent order made under the Planning Act 2008;
(iii) the conditions of a marine licence granted pursuant to Marine and Coastal Access Act 2009;
(iv) the conditions of a consent under section 36 or section 37 of the Electricity Act 1989; or
(v) the requirements of an infrastructure consent order made under the Infrastructure (Wales) Act 2024;
provided that when planning permission, development consent, a marine licence, section 36 or section 37 consent, or infrastructure consent (as relevant) was granted, any assessment required at that time by these Regulations (or any predecessor Regulations in force at that time) was carried out.”.
Acceptable forms of compensation
15 Regulation 68 (compensatory measures) is amended as follows.
16 After paragraph (2) (inserted by paragraph 10 of this Schedule) insert—
“(3) For the purpose of paragraph (1), the appropriate authority may secure measures which benefit Natura 2000 by—
(a) directly or indirectly benefiting ecosystems affected by the plan or project,
(b) contributing, anywhere within Natura 2000, to the improvement of the conservation status of protected features affected by the plan or project,
(c) assisting the appropriate authority in meeting its management objectives under regulation 16A in respect of the affected protected features, or
(d) contributing to meeting the objectives of a current environmental improvement plan or Environment Act strategy in the vicinity of the plan or project,
and such measures need not be of the same type or scale as the protected features negatively affected by the plan or project or in place or effective prior to the onset of its impact.
(4) In this regulation—
“current environmental improvement plan” has the same meaning as in Part 1 of the Environment Act 2021;
“Environment Act strategy” means a strategy prepared under any of the following provisions of the Environment Act 2021—
(a) section 104 (local nature recovery strategies);
(b) section 109 (species conservation strategies); or
(c) section 110 (protected site strategies).” .”

Type: Backbencher

Signatures: 3

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025
Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This new Schedule seeks to amend The Conservation of Habitats and Species Regulations 2017 in relation to species licensing, the assessment of the impacts of plans or projects on protected European sites and European offshore marine sites, and compensatory measures. It seeks to confer a duty to follow a science-led and proportionate approach in relation to these.

Amendment 351

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Schedule 6, insert the following new Schedule—
“Schedule
HEALTHY HOMES
Policy statement on healthy homes principles
1 The Secretary of State must prepare a statement in accordance with this Schedule (the “policy statement on healthy homes principles”).
2 The statement must explain how the healthy homes principles are to be interpreted and applied by Ministers of the Crown and relevant responsible authorities in making, developing and revising their policies in relation to planning, development and infrastructure.
3 The statement may explain how the principles will be implemented and adhered to in a way that takes account of a building development’s urban, suburban or rural location.
Meaning of “healthy homes principles”
4 In this Act “healthy homes principles” means the principles that—
(a) all new homes should be safe in relation to the risk of fire,
(b) all new homes should have, as a minimum, the liveable space required to meet the needs of people over their whole lifetime, including adequate internal and external storage space,
(c) all main living areas and bedrooms of a new dwelling should have access to natural light,
(d) all new homes and their surroundings should be designed to be inclusive, accessible, and adaptable to suit the needs of all, with particular regard to protected characteristics under the Equality Act 2010,
(e) all new homes should provide access to sustainable transport,
(f) homes in new or existing urban areas must provide access to walkable services, including green infrastructure and play space,
(g) all new homes should secure radical reductions in carbon emissions in line with the provisions of the Climate Change Act 2008,
(h) all new homes should demonstrate how they will be resilient to a changing climate over their full lifetime,
(i) all new homes should be secure and built in such a way as to minimise the risk of crime,
(j) all new homes should be free from adverse and intrusive noise and light pollution,
(k) all new homes should not contribute to unsafe or illegal levels of indoor or ambient air pollution and must be built to minimise, and where possible eliminate, the harmful impacts of air pollution on human health and the environment, and
(l) all new homes should be designed to provide year-round thermal comfort for inhabitants.
Policy statement on healthy homes principles: process
5 The Secretary of State must prepare a draft of the policy statement on healthy homes principles.
6 The Secretary of State must consult such persons as the Secretary of State considers appropriate in relation to the draft statement.
7 The Secretary of State must lay the draft statement before Parliament.
8 If, before the end of the period of 21 sitting days beginning with the day after the day on which the draft statement is laid—
(a) either House of Parliament passes a resolution in respect of the draft, or
(b) a committee of either House, or a joint committee of both Houses, makes recommendations in respect of the draft,
the Secretary of State must produce a response and lay it before Parliament.
9 The Secretary of State must lay before Parliament, and publish, the final statement, but not before—
(a) if a resolution is passed or recommendations are made in accordance with paragraph 8, the day on which the Secretary of State lays before Parliament the response required by that paragraph, or
(b) otherwise, the end of the period of 21 sitting days beginning with the day after the day on which the draft statement is laid before Parliament.
10 The Secretary of State may revise the policy statement on healthy homes principles at any time (and paragraphs 5 to 11 apply in relation to any revised statement).
11 “Sitting day” means a day on which both Houses of Parliament sit.
Policy statement on healthy homes principles: effect
12 A Minister of the Crown must have regard to the healthy homes principles when making, developing or revising policies dealt with by the statement.
13 Relevant responsible authorities must have regard to the policy statement on healthy homes principles when discharging their duties under the planning and building acts and public health acts.
14 “Relevant responsible authorities” include but are not limited to—
(a) local planning authorities;
(b) urban development corporations;
(c) new town development authorities;
(d) the planning inspectorate;
(e) Homes England.
Annual monitoring
15 The Secretary of State must prepare a progress report for each annual reporting period.
16 A progress report for an annual reporting period is a report on progress made in that period about the extent to which all new homes approved and completed during that period have met the healthy homes principles under paragraph 4.
17 A progress report must include specific consideration of how the approval and creation of new homes has met the needs of those with protected characteristics under section 4 of the Equality Act 2010 (the protected characteristics).
18 A progress report must include consideration of how progress could be improved.
19 The Secretary of State must arrange for each progress report to be—
(a) laid before Parliament, and
(b) published.”

Type: Backbencher

Signatures: 3

Lord Crisp (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Amendment 351ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Schedule 6, insert the following new Schedule—
“Schedule
MAYORAL DEVELOPMENT CORPORATIONS FOR PLANNING AND DEVELOPMENT PURPOSES: AMENDMENT OF THE LOCALISM ACT 2011
Introduction
1 The Localism Act 2011 is amended in accordance with this Schedule.
Part 8
2 In the heading of Part 8, after “London” insert “and areas of other mayoral strategic authorities”.
Interpretation
3 In section 196—
(a) before the definition of “the Mayor” insert—
““CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
“combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;
“constituent council” means—
(a) in relation to a combined authority—
(i) a county council the whole or any part of whose area is within the area of the authority, or
(ii) a district council whose area is within the area of the authority;
(b) in relation to a CCA—
(i) a county council for an area within the area of the authority, or
(ii) a unitary district council for an area within the area of the authority;
and here “unitary district council” means the council for a district for which there is no county council;”;
(b) for the definition of “the Mayor” substitute—
““the Mayor” means—
(a) the Mayor of London,
(b) the mayor for the area of a combined authority, or
(c) the mayor for the area of a CCA;”;
(c) after the definition of “MDC” insert—
““strategic authority area” means—
(a) in relation to the Mayor of London or a mayoral development area designated by that Mayor, Greater London;
(b) in relation to the mayor for the area of a combined authority or a mayoral development area designated by the mayor for such an area, the area of the combined authority, or
(c) in relation to the mayor for the area of a CCA or a mayoral development area designated by the mayor for such an area, the area of the CCA;”.
Designation of Mayoral development areas
4 (1)Section 197 is amended in accordance with this paragraph.
(2)In subsection (1), for “Greater London” substitute “a strategic authority area”.
(3)In subsection (3), in the words before paragraph (a), for “the Mayor” substitute “the Mayor of London”.
(4)After subsection (5) insert—
(5A)The mayor for the area of a combined authority or CCA may designate a Mayoral development area only if—
(a)the Mayor considers that designation of the area is expedient for furthering economic development and regeneration in the strategic authority area,
(b)the Mayor has consulted the persons specified by subsection (5B) and, if applicable, subsection (5C),
(c)the Mayor has had regard to any comments made in response by the consultees,
(d)in the event that those comments include comments made by a constituent council or a district council consulted under subsection (5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance,
(e)the Mayor has laid before the combined authority or CCA, in accordance with its standing orders, a document stating that the Mayor is proposing to designate the area, and
(f)the combined authority or CCA approves the proposal.
(5B)The persons who have to be consulted before an area may be designated are—
(a)the constituent councils,
(b)each Member of Parliament whose parliamentary constituency contains any part of the area, and
(c)any other person whom the Mayor considers it appropriate to consult.
(5C)In the case of a combined county authority, any district council whose local authority area contains any part of the area also has to be consulted before the area may be designated.
(5D)For the purposes of subsection (5A)(f) the combined authority or CCA approves a proposal if it resolves to do so on a motion considered at a meeting of the combined authority or CCA throughout which members of the public are entitled to be present.”.
Exclusion of land from Mayoral development areas
5 (1)Section 199 is amended in accordance with this paragraph.
(2)In subsection (2), for “the Mayor” substitute “the Mayor of London”.
(3)After subsection (2) insert—
(2A)Before making an alteration, the mayor for the area of a combined authority or CCA must consult—
(a)the constituent councils, and
(b)any other person whom the Mayor considers it appropriate to consult.”.
Transfers of property etc to a Mayoral development corporation
6 (1)Section 200 is amended in accordance with this paragraph.
(2)In subsection (1), for “a person within subsection (3)” substitute “an eligible transferor”.
(3)After subsection (1) insert—
(1A)In the case of an MDC for an area in Greater London, “eligible transferor” means—
(a)a London borough council,
(b)the Common Council of the City of London in its capacity as a local authority,
(c)any company whose members—
(i)include the Mayor of London and a Minister of the Crown, and
(ii)do not include anyone who is neither the Mayor or London nor a Minister of the Crown, or
(d)a person within subsection (3).
(1B)In the case of an MDC for an area in the area of a combined authority, “eligible transferor” means a person within subsection (3).
(1C)In the case of an MDC for an area in the area of a CCA, “eligible transferor” means—
(a)any district council whose local authority area is within the area of the CCA, or
(b)a person within subsection (3).”.
(4)In subsection (3)—
(a)omit paragraphs (a) and (b);
(b)in paragraphs (d) and (e), for “Greater London” substitute “the strategic authority area”;
(c)omit paragraph (k).
(5)In subsection (4), for “liabilities of—” substitute “liabilities of an eligible transferee.
(4A)In the case of an MDC for an area in Greater London, “eligible transferee” means—”.
(6)Before subsection (5) insert—
(4A)20 In the case of an MDC for an area in the area of a combined authority or CCA, “eligible transferee” means—
(a)the combined authority or CCA, o
(b)a company that is a subsidiary of the combined authority or CCA.”.
(7)In subsection (9), after “(4)(c)” insert “or (4A)(b)”.
Functions in relation to Town and Country Planning
7 (1)Section 202 is amended in accordance with this paragraph.
(2)In subsection (7), for “the Mayor” substitute “the Mayor of London”.
(3)After subsection (7) insert—
(7A)The mayor for the area of a combined authority or CCA may make a decision under any of subsections (2) to (6) only if—
(a)the Mayor has consulted the persons specified by section 197(5B) and, if applicable, section 197(5C), in relation to the area,
(b)the Mayor has had regard to any comments made in response by the consultees, and
(c)in the event that those comments include comments made by the constituent council or a district council specified by section 197(5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.”.
Arrangements for discharge of, or assistance with, planning functions
8 In section 203, in subsections (1) and (4), after “City of London” insert “, or a county council or district council”.
Acquisition of land
9 (1)Section 207 is amended in accordance with this paragraph.
(2)In subsection (2), for “Greater London” substitute “the strategic authority area”.
(3)For subsection (3) substitute—
(3)Before submitting a compulsory purchase order authorising an acquisition under subsection (2) to the Secretary of State for confirmation—
(a)15 an MDC for an area in Greater London must obtain the consent of the Mayor of London;
(b)an MDC for an area in the area of a combined authority or CCA must obtain the consent of the mayor for that area.”.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Amendment 351A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 90, page 118, line 26, leave out paragraph (c)

Type: Backbencher

Signatures: 1

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment, and another in the name of Baroness Young of Old Scone, would require the super-affirmative procedure for any regulations to amend to existing Acts or assimilated law under section 89(2).

Amendment 351B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 90, page 118, line 29, at end insert—
“(2A) Regulations under section 89(2) (consequential amendments) which amend an Act or assimilated law are subject to the super-affirmative resolution procedure, as defined by section 18 of the Legislative and Regulatory Reform Act 2006.”

Type: Backbencher

Signatures: 1

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 90 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 352

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 91, page 119, line 37, leave out subsection (9)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 91 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 353

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 92, page 121, line 1, at end insert—
““private market solutions” refers to any arrangement, transaction, or scheme facilitated by private actors — including landowners, developers, conservation organisations, consultants, or brokers — that delivers measurable ecological or environmental outcomes through market-based mechanisms which are separate from an EDP, and includes any other outcome-based environmental offset or mitigation service that is made available on a voluntary, contractual, or statutory basis through a competitive or open market.”

Type: Backbencher

Signatures: 1

Lord Curry of Kirkharle (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 354

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 92, page 121, line 6, at end insert—
“(e) a river or stream,”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 27 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 30 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 355

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 92, page 121, line 6, at end insert—
“(e) a chalk stream, or
(f) a blanket bog,”

Type: Backbencher

Signatures: 4

Viscount Trenchard (Con - Excepted Hereditary) - 27 Jun 2025
Baroness Coffey (Con - Life peer) - 12 Sep 2025
Earl of Caithness (Con - Excepted Hereditary) - 12 Sep 2025
Baroness Willis of Summertown (XB - Life peer) - 12 Sep 2025

Amendment 356

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

NO DECISION has been made on this amendment

Clause 92, page 121, line 36, at end insert—
““Secretary of State” means the Secretary of State for the Department for Environment, Food and Rural Affairs;”

Type: Backbencher

Signatures: 6

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025
Baroness Willis of Summertown (XB - Life peer) - 30 Jun 2025
Lord Roborough (Con - Excepted Hereditary) - 30 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 12 Sep 2025
Earl Russell (LD - Excepted Hereditary) - 12 Sep 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 92 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 356A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 107, insert the following new Clause—
“Pre-consolidation amendments of planning legislation
(1) The Secretary of State may by regulations make such amendments and modifications of the Acts relating to planning as in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with, the consolidation of the whole or a substantial part of the Acts relating to planning.
(2) The Acts relating to planning are—
(a) the Commons Act 1899;
(b) the Public Health Act 1936;
(c) the Agricultural Act 1947;
(d) the Historic Buildings and Ancient Monuments Act 1953;
(e) the Land Compensation Act 1961;
(f) Part 4 of the Public Health Act 1961;
(g) the Compulsory Purchase Act 1965;
(h) the Forestry Act 1967;
(i) the Post Office Act 1969;
(j) the Land Compensation Act 1973;
(k) the Inner Urban Areas Act 1978;
(l) the Ancient Monuments and Archaeological Areas Act 1979;
(m) Parts 9 to 18 of the Local Government, Planning and Land Act 1980;
(n) the Highways Act 1980;
(o) the New Towns Act 1981;
(p) the Acquisition of Land Act 1981;
(q) Part 2 of the Civil Aviation Act 1982;
(r) the Building Act 1984;
(s) Part 5 of the Airports Act 1986;
(t) the Town and Country Planning Act 1990;
(u) the Planning (Listed Buildings and Conservation Areas) Act 1990;
(v) the Planning (Hazardous Substances) Act 1990;
(w) the Planning (Consequential Provisions) Act 1990;
(x) Parts 1, 3 and 5 of the Planning and Compensation Act 1991;
(y) the Transport and Works Act 1992;
(z) sections 67 to 69 and 96 of, and Schedules 13 and 14 to, the Environment Act 1995
(z1) Part 7 of the Greater London Authority Act 1999;
(z2) the Countryside and Rights of Way Act 2000;
(z3) sections 118 and 397 of, and Schedule 4 to, the Communications Act 2003;
(z4) the Planning and Compulsory Purchase Act 2004;
(z5) the Natural Environment and Rural Communities Act 2006;
(z6) the Commons Act 2006;
(z7) the Housing and Regeneration Act 2008;
(z8) the Planning Act 2008;
(z9) Parts 6 and 9, and sections 202 to 205, of the Localism Act 2011;
(z10) the Mobile Homes Act 2013;
(z11) the Infrastructure Act 2015;
(z12) Parts 6 to 8 of the Housing and Planning Act 2016;
(z13) the Neighbourhood Planning Act 2017;
(z14) the Environment Act 2021;
(z15) the Building Safety Act 2022;
(z16) the Historic Environment (Wales) Act 2023;
(z17) Parts 3 to 11 of the Levelling-up and Regeneration Act 2023;
(z18) this Act;
(z19) any other provision of an Act relating to planning, whenever passed.
(3) For the purposes of this section, “amend” includes repeal (and similar terms are to be read accordingly).
(4) Regulations made under this section do not come into force unless an Act is passed consolidating the whole or a substantial part of the Acts relating to planning.
(5) If such an Act is passed, any regulations made under this section come into force immediately before the Act comes into force.
(6) Regulations under this section are to be made by statutory instrument.
(7) A statutory instrument containing (whether alone or with other provision) regulations under this section may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause enables pre-consolidation amendments to be made to planning legislation, in anticipation of a future Consolidation Bill. It is intended to probe the desirability and feasibility of consolidation of planning legislation.

Amendment 357

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 150, line 27, leave out “to 12” and insert “and 11”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment, and another in my name to Clause 110, page 150, line 28, changes the commencement of Clause 12 from commencement by regulations to two months after Royal Assent.

Amendment 358

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 150, line 28, at end insert—
“(ca) section 12 comes into force at the end of the period of two months beginning with the day on which this Act is passed;”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

See the explanatory statement for the amendment in the name of Lord Hunt of Kings Heath to Clause 110, page 150, line 27.

Government Amendment 359

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 151, line 43, leave out paragraph (x) and insert—
“(x) section 46(1), (4) and (5) come into force at the end of the period of two months beginning with the day on which this Act is passed;
(xa) section 46(2) and (3) come into force—
(i) in relation to applications made to the Secretary of State, on the day on which the first relevant regulations made by the Secretary of State come into force;
(ii) in relation to applications made to the Scottish Ministers, on the day on which the first relevant regulations made by the Scottish Ministers come into force;
(iii) in relation to applications made to the Welsh Ministers, on the day on which the first relevant regulations made by the Welsh Ministers come into force;
and in this paragraph “relevant regulations” means regulations under paragraph 9A of Schedule 3 to the Harbours Act 1964 (inserted by section 46(4));”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment would adjust the commencement of clause 46 so that the repeal of existing fee-charging powers takes effect in each of England, Scotland and Wales only when new fees regulations come into force in the area concerned.

Amendment 360

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 152, line 18, at end insert—
“(ca) sections (Town and Country Planning Act 1990: legal challenges), (Planning (Listed Buildings and Conservation Areas) Act 1990: legal challenges), and(Planning Acts legal challenges: reduction in time-limit) come into force at the end of the period of two months beginning with the day on which this Act is passed;”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment brings the new Clauses in the name of Lord Hunt of Kings Heath inserted after Clause 51 (Town and Country Planning Act 1990: legal challenges), (Planning (Listed Buildings and Conservation Areas) Act 1990: legal challenges), and (Planning Acts legal challenges: reduction in time-limit), into force two months after Royal Assent.

Opposition Amendment 360A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 152, line 18, at end insert—
“(ca) section (Use of hotels as accommodation for asylum seekers: requirement for planning permission) comes into force on the day on which this Act is passed;”

Type: Opposition

Signatures: 1

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Member's explanatory statement

This ensures that the new clause ‘Use of hotels as accommodation for asylum seekers: requirement for planning permission’ (inserted by an amendment in the name of Baroness Scott of Bybrook) takes effect immediately when the Bill is passed.

Opposition Amendment 360B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 152, line 18, at end insert—
“(ca) section (Use of houses in multiple occupation as accommodation for asylum seekers: requirement for planning permission) comes into force on the day on which this Act is passed;”

Type: Opposition

Signatures: 1

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Member's explanatory statement

This ensures that the new clause ‘Use of houses in multiple occupation as accommodation for asylum seekers: requirement for planning permission’ (inserted by an amendment in the name of Baroness Scott of Bybrook) takes effect immediately when the Bill is passed.

Amendment 361

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 152, line 25, leave out subsection (3) and insert—
(3) Section (Independent oversight of administration of Part 3) comes into force on the day on which this Act is passed.
(3A) The rest of Part 3 (including Schedules 4, 5 and 6) comes into force on such a day as the Secretary of State may be regulations appoint, but not before the independent body as specified in section (Independent oversight of administration of Part 3) has been established.”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 03 Jul 2025

Opposition Amendment 361A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 152, line 25, after “and 6)”, insert “may not come until force until the Secretary of State has published the guidance in subsection (3A) and, following this, it”

Type: Opposition

Signatures: 1

Baroness Neville-Rolfe (Con - Life peer) - 03 Jul 2025

Shadow Minister (Treasury)

Member's explanatory statement

This probing amendment, connected with another in the name of Baroness Neville-Rolfe, seeks to prevent the commencement of provision on EDPs until guidance has been published setting out how any regulatory burdens on smaller developers and construction firms can be minimised.

Opposition Amendment 361B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 152, line 26, at end insert—
“(3A) The guidance in subsection (3) must explain how an EDP should be prepared in such a way as to—
(a) minimise any regulatory burden on smaller developers and construction firms, and
(b) ensure developments by smaller developers and construction firms are economically viable.”

Type: Opposition

Signatures: 1

Baroness Neville-Rolfe (Con - Life peer) - 03 Jul 2025

Shadow Minister (Treasury)

Member's explanatory statement

Amendment 362

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 110, page 152, line 27, leave out “on such a day as the Secretary of State may by regulations appoint” and insert “two months after the day on which this Act is passed”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require commencement of Part 4 two months after the day on which the Act is passed, instead of a date to be set by the Secretary of State.

Opposition Amendment 363

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Leave out Clause 110 and insert the following new Clause—
“Commencement
(1) Section 1, section 2 and this section come into force on the day on which this Act is passed.
(2) The rest of this Act comes into force subject to the following conditions—
(a) each section comes into force on such a day as the Secretary of State may by regulations appoint;
(b) but no section can come into force until the Secretary of State has updated each national policy statement.
(3) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Opposition

Signatures: 1

Baroness Neville-Rolfe (Con - Life peer) - 03 Jul 2025

Shadow Minister (Treasury)

Member's explanatory statement

This amendment seeks to ensure that the Secretary of State updates all national policy statements before the Act can be commenced.

Opposition Amendment 364

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Leave out Clause 110 and insert the following new Clause—
“Commencement (No. 2)
(1) This section comes into force on the day on which this Act is passed.
(2) The rest of this Act comes into force subject to the conditions in subsections (3) and (4).
(3) Apart from this section, no part of this Act can come into force until the Secretary of State has published a review of whether the provision in each section will, individually, increase or decrease the amount of time taken for a development to receive planning permission and be constructed.
(4) All sections of this Act, apart from this section, come into force on such a day as the Secretary of State may by regulations appoint.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Opposition

Signatures: 1

Baroness Neville-Rolfe (Con - Life peer) - 03 Jul 2025

Shadow Minister (Treasury)

Member's explanatory statement

This amendment seeks to ensure that the Secretary of State publishes an analysis of how each section of the Bill will affect the speed of the planning process and construction before they can commence any provisions.

Amendment 2

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

In the subsection, after "The purpose of this Act is to" insert “accelerate the delivery of new homes and critical infrastructure by”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Amendment 5

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

In paragraph (b), leave out “improve” and insert “improving”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Amendment 6

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

In paragraph (c), leave out “support” and insert “supporting”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Amendment 7

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

In paragraph (d), leave out “increase” and insert “increasing”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Amendment 4

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Leave out paragraph (a)

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Opposition Amendment 3

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After “infrastructure” insert “, thereby supporting delivery of the Government’s target of building 1.5 million safe and decent homes in England by the end of the 2024 Parliament,”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Opposition Amendment 185N

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Energy consumption of AI and technology-related infrastructure
(1) The Secretary of State must, within 18 months of this Act coming into force, prepare and publish a National AI Energy Efficiency Strategy for the purposes of informing planning policy and guiding the development of artificial intelligence and technology-related infrastructure under this Act, in so far as it relates to energy consumption.
(2) For the purposes of this section, “artificial intelligence and technology-related infrastructure” includes, but is not limited to—
(a) data centres,
(b) high-performance computing facilities,
(c) server farms,
(d) AI research, training, and testing facilities, and
(e) any other installations primarily designed to support AI and large-scale digital processing.
(3) The purpose of the strategy is to—
(a) balance the energy demands of artificial intelligence against the energy efficiencies enabled by artificial intelligence,
(b) achieve a national objective of ensuring that AI energy use is better than carbon neutral before 2030, and
(c) support the integration of AI-enabled efficiencies into national energy planning.
(4) The projected energy consumption of a proposed development and its contribution to national energy efficiencies, as set out in the National AI Energy Efficiency Strategy, shall be treated as material planning considerations.
(5) An application for planning permission relating to such infrastructure must be accompanied by an assessment covering—
(a) the expected level of energy demand arising from the development,
(b) proposed measures to improve the energy efficiency of the development, and
(c) proposed steps to reduce or mitigate the impact of energy consumption on local and national energy supply.
(6) In determining an application to which this section applies, a planning authority must have regard to—
(a) the extent to which the development will utilise renewable or other low-carbon sources of energy, and
(b) the consistency of the development with the National AI Energy Efficiency Strategy.
(7) The Secretary of State must issue guidance specifying minimum energy efficiency standards for such infrastructure.
(8) Planning authorities must have regard to guidance issued under subsection (7) in exercising their functions under the Planning Acts.
(9) Planning conditions attached to permissions under this section must include local arrangements enabling independent AI-related energy sources to provide surplus capacity to the national grid at times of surplus or at times of national demand, including requirements for grid-balancing.
(10) The Secretary of State must, not later than 18 months after the publication of the National AI Energy Efficiency Strategy, and every three years thereafter, lay before Parliament a report reviewing—
(a) the progress made in reducing the energy consumption of AI and technology-related infrastructure,
(b) the contribution of such infrastructure to national energy efficiencies,
(c) the effectiveness of planning conditions imposed under this section, and
(d) whether additional measures are required to meet the objectives set out in subsection (3)(b).”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment seeks to make the energy use and efficiency of AI-related infrastructure a statutory planning consideration supported by a national strategy, guidance, and reporting duties.

Opposition Amendment 185P

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Water consumption of AI and technology-related infrastructure
(1) The Secretary of State must, within 18 months of this Act coming into force, prepare and publish a National AI Water Efficiency Strategy for the purposes of informing planning policy and guiding the development of artificial intelligence and technology-related infrastructure under this Act, in so far as it relates to water consumption.
(2) For the purposes of this section, “artificial intelligence and technology-related infrastructure” includes, but is not limited to—
(a) data centres,
(b) high-performance computing facilities,
(c) server farms,
(d) AI research and training facilities, and
(e) any other buildings or installations primarily designed to support artificial intelligence systems or large-scale digital processing.
(3) The strategy under subsection (1) must include—
(a) measures to limit and reduce overall water demand associated with such infrastructure,
(b) national targets for the adoption of alternative and low-water cooling technologies,
(c) national targets for reducing adverse impacts of abstraction on freshwater and marine environments, and
(d) consideration of projected future impacts of climate change on water availability and resilience.
(4) The use of water shall be treated as a material planning consideration in applications for planning permission relating to such infrastructure.
(5) An application for planning permission relating to such infrastructure must be accompanied by an assessment covering—
(a) the anticipated level of water demand generated by the development,
(b) proposed measures to maximise water efficiency, and
(c) proposed measures to avoid, reduce, or mitigate adverse impacts of water usage on local and regional water resources, including both freshwater and marine environments.
(6) In determining an application to which this section applies, a planning authority must have particular regard to—
(a) the capacity, resilience, and long-term sustainability of local water resources,
(b) the potential implications for public water supplies and environmental protection, and
(c) the anticipated effects of projected climate change on future water availability.
(7) The Secretary of State may issue guidance to planning authorities on the assessment of water usage and abstraction in connection with such development.
(8) Planning authorities must have regard to any guidance issued under subsection (7) in exercising their functions under the Planning Acts.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment seeks to make water usage by AI-related infrastructure a statutory planning consideration supported by a national policy and guidance.

Amendment 185Q

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Permitted development
Schedule (Permitted development amendment) contains amendments to the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596).”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Opposition Amendment 185R

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Promotion of community energy
(1) A planning authority, in exercising functions under this Act in relation to planning applications, must, where applicable, have regard to how a proposed development could support the generation, use, or distribution of energy by local communities.
(2) In doing so, planning authorities must seek to secure, where viable and appropriate, the incorporation of community energy projects within developments, including, but not limited to—
(a) solar photovoltaic installations or other renewable energy sources intended for shared or local use,
(b) energy storage systems operated or co-owned by local communities,
(c) schemes for local generation and supply of heat or electricity, and
(d) arrangements that allow surplus energy generated by the development to be used or shared within the local community.
(3) Planning authorities must, as part of the planning process, consider and, where appropriate, promote the integration of community energy.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment requires planning authorities to consider and, where appropriate, support the inclusion of community energy projects in developments, including local renewable generation, storage, and shared energy use.

Opposition Amendment 185S

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Community energy guidance
(1) The Secretary of State must, within 18 months of this Act coming into force, issue guidance on measures to facilitate community energy supply from developments incorporating community energy generation. Such measures must include, but are not limited to—
(a) options for enabling direct sale or supply of electricity or heat from community energy projects to local consumers,
(b) the use of local supply licences, class exemptions, or equivalent mechanisms to enable community supply to homes and businesses in the vicinity of the development,
(c) approaches to ensuring that local consumers may access energy on transparent, affordable, and proportionate terms, and
(d) best practice to ensure that requirements and processes are not unduly burdensome for community groups, local authorities, or participating suppliers.
(2) Guidance issued under subsection (1) must be kept under review at intervals not exceeding three years. Each review must involve consultation with local authorities, community energy groups, and other relevant stakeholders, and must take account of emerging best practice and new technologies.
(3) Guidance must be revised and reissued where necessary to maximise the effectiveness of community energy integration and participation.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment requires the Secretary of State to issue and regularly update guidance to support the supply of community energy from developments, ensuring local access, affordability, and effective participation.

Amendment 185SA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Codes of practice: architectural design
(1) Within six months of the day on which this Act is passed, the Secretary of State must designate a Code of Practice aimed at embedding good architectural design in all relevant developments prior to the granting of planning permission.
(2) The Code of Practice must include—
(a) Core Design Standards (CDS) to be applied to typical development situations, with a view to such CDS being reflected through the National Planning Policy Framework in relation to planning applications at a local level;
(b) requirements that applications for outline planning permission should be supported by site-specific masterplans and design codes complying with the CDS;
(c) requirements that, in order to achieve good design, design codes should be consulted upon and agreed in two stages, namely urban design and building design;
(d) a preferred approach to consideration of architectural style, founded upon good placemaking principles, and appropriate locally distinctive framework for building designs where appropriate;
(e) requirements that new housing developments meet national standards set out in a revised edition of Manual for Streets, including a stronger focus on provision for children, active travel, public transport and pedestrian priority;
(f) the creation by all planning authorities of multidisciplinary expert panels for pre-application review of sites for 50 homes or more which must be funded by applicants and will assess how schemes meet NMDC core quality standards, as well as local design policies, and whether departures are justified.”

Type: Backbencher

Signatures: 2

Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025
Baroness Levitt (Lab - Life peer) - 05 Sep 2025

Parliamentary Under-Secretary (Ministry of Justice)

Amendment 185SB

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Conflicting consents
(1) Where a planning permission and development consent order relate to some or all of the same land—
(a) the lawfulness of development carried out pursuant to the development consent order will not be affected by the carrying out of development pursuant to the planning permission; and
(b) the lawfulness of development carried out pursuant to the planning permission will not be affected by the carrying out of development pursuant to the development consent order.
(2) In this section “planning permission” means—
(a) permission under Part 3 of the Town and Country Planning Act 1990 (control over development), and
(b) permission granted by article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (permitted development).”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to address the risk of conflict between planning permission and Development Consent Orders, leading to the invalidation of either consent (an issue highlighted by the decision in the Hillside case in relation to conflicting planning permissions). The amendment proposed would ensure that a Development Consent Order will not invalidate a planning permission over the same land or vice versa, so that a developer may elect to rely on the most suitable consent.

Amendment 185SC

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Development plans: provision of facilities for physical activity
(1) Any national or local plan or strategy relating to the planning or development of an area must be designed to meet communities’ needs for sport and physical activity facilities for the health and wellbeing of the community.
(2) In subsection (1), sport and physical activity facilities include—
(a) gyms,
(b) swimming pools,
(c) leisure centres,
(d) parks, and
(e) other community sports facilities.
(3) The Secretary of State must issue guidance to local planning authorities on how local plans and strategies can be designed to achieve the aims outlined in subsection (1).”

Type: Backbencher

Signatures: 1

Lord Moynihan (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that national or local development plans include adequate provision of facilities for sport and physical activity.

Amendment 185SD

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Development plans and planning decisions: physical activity
(1) Any national or local plan or strategy relating to the planning or development of an area must ensure that new residential development plans include adequate provision for sport and physical activity facilities to meet the needs of the new residents.
(2) When interpreting the National Planning Policy Framework, the local planning authority must have due regard to the need for access to a network of high-quality open spaces and opportunities for sport and physical activity.
(3) When considering planning applications for developments which provide facilities for sport and physical activity, there shall be a presumption in favour of approval.”

Type: Backbencher

Signatures: 1

Lord Moynihan (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to strengthen the commitments within the National Planning Policy Framework relating to the reduction in health inequality through the provision of places for physical activity.

Opposition Amendment 185SE

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Planning permission: implications of changes required by legislation
Where legislative changes necessitate modifications to an existing, approved planning permission, those modifications must be deemed to have planning permission.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment aims to provide clarity to the planning system such that project delays are kept to a minimum as a result of changes to legislation.

Amendment 185SF

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Planning authorities: duty to promote health improvement and reduce health inequalities
(1) When considering whether or how to exercise any of its functions under the planning Acts, a local planning authority must have regard to the need to—
(a) improve the health of persons in the local planning authority’s area, and
(b) reduce health inequalities between persons living in the local planning authority’s area.
(2) Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area.
(3) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants.
(4) “General health determinants” are—
(a) standards of housing, transport services or public safety,
(b) employment prospects, earning capacity and any other matters that affect levels of prosperity,
(c) the degree of ease or difficulty with which persons have access to public services,
(d) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health, and
(e) any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.
(5) In subsection (1)(a), the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a local planning authority’s function.
(6) In subsection (1)(b), the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a planning authority’s function.”

Type: Backbencher

Signatures: 2

Lord Crisp (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment is based on Clause 43 of the Devolution and Community Empowerment Bill which places a duty on strategic authorities on health promotion and health inequalities. It uses the same language but replaces strategic authorities with local planning authorities. The effect of this amendment is to place a duty on planning authorities to promote health improvement and health inequalities.

Amendment 185SG

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Duty and guidance for public authorities: cooperation and coordination during development of community infrastructure
(1) The Secretary of State, after consulting such persons as they consider appropriate, must publish best practice guidance for public authorities to follow during the development of community infrastructure.
(2) The Secretary of State must publish guidance under subsection (1) within six months of the day on which this Act is passed.
(3) Guidance issued under subsection (1) must include best practice for ensuring coordination and cooperation between public authorities and—
(a) schools,
(b) cultural organisations,
(c) local businesses,
(d) housing developers,
(e) local communities,
(f) the social sector, including charities,
(g) Integrated Care Boards (ICB),
(h) NHS trusts, and
(i) any such person or organisation as the Secretary of State considers appropriate,
in the development of community infrastructure.
(4) Public authorities have a duty to follow guidance issued under subsection (1).”

Type: Backbencher

Signatures: 4

Lord Mawson (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Scriven (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Health)

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

Amendment 185SH

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Restriction on works affecting listed buildings: exemption
After section 7(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (restriction on works affecting listed buildings), insert—
“(3) Subsection (1) does not apply to any internal maintenance, repairs or changes to Grade II listed buildings.””

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This removes the requirement for listed building consent being required for internal maintenance, repairs or changes to Grade II listed buildings.

Opposition Amendment 227H

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 53, page 90, line 8, leave out “delivery” and insert “harm mitigation”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 228

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was WITHDRAWN

Clause 53, page 90, line 8, leave out “by Natural England”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 229

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 53, page 90, line 13, leave out “by or on behalf of Natural England”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Amendment 230

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 53, page 90, line 15, leave out “to Natural England”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Opposition Amendment 231

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was WITHDRAWN

Clause 53, page 90, line 29, at end insert—
“(4) The Secretary of State may issue guidance to Natural England or a person designated under section 86 of this Act, about the making of an EDP and they must comply with any such guidance.
(5) Guidance issued under subsection (4) above may include—
(a) where and how draft EPDs should be published for public consultation,
(b) guidance on minimum development thresholds for an EDP,
(c) the types of measures that may be included as conservation measures, and
(d) the use of its compulsory purchase powers, with a particular view to ensuring that—
(i) the powers are not used in a manner which would threaten the viability of an existing agricultural business,
(ii) the use of the powers takes account of the need to protect domestic food security, and
(iii) to ensure that the impacts of the use of such powers on important social and cultural traditions, such as those that exist around common land, are protected.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment confirms that the Secretary of State has a power to issue guidance to Natural England or a designated person about the preparation of an EDP.

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 53 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 232

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 54, page 91, line 16, leave out “Natural England” and insert “the Secretary of State”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025

Opposition Amendment 233

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 54, page 91, line 25, at end insert—
“(6A) When specifying the maximum amount of development in reference to the metrics in subsection (6), Natural England must consult qualified surveyors from the Royal Institute of Chartered Surveyors.”

Type: Opposition

Signatures: 1

Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 234

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was WITHDRAWN

Clause 54, page 91, line 27, after “date”),” insert “which must be no later than six months after a planning permission has been granted,”

Type: Backbencher

Signatures: 2

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025
Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025

Member's explanatory statement

This seeks to ensure that there is no time drift from the granting of planning permission to the start of the delivery of the EDP.

Amendment 235

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

Clause 54, page 91, line 28, at end insert “appropriate to the conservation measures proposed, and
(c) include a review date”

Type: Backbencher

Signatures: 1

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025

Opposition Amendment 235A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 54, page 91, line 29, leave out “before” and insert “after”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This probing amendment seeks to ensure that an EDP is longer than ten years.

Opposition Amendment 235B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 54, page 91, line 29, leave out “ten” and insert “30”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This probing amendment seeks to ensure that an EDP is in place for thirty years.

Amendment 236

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

Clause 54, page 91, line 30, at end insert—
“(c) the intended plan for ongoing management of the land covered by the EDP after the EDP end date.”

Type: Backbencher

Signatures: 2

Earl of Caithness (Con - Excepted Hereditary) - 02 Jul 2025
Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025

Member's explanatory statement

This seeks to ensure that the “overall improvement” achieved by the EDP is maintained and nurtured after the designated EDP end date.

Amendment 145

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 52, page 73, line 21, at end insert—
“(5A) For the purposes of subsection (5), an amount or distribution of housing or affordable housing must include Gypsy and Traveller sites, whether provided privately, or by local authorities, or by other registered social landlords.”

Type: Backbencher

Signatures: 4

Baroness Whitaker (Lab - Life peer) - 03 Jul 2025
Lord Bishop of Manchester (Bshp - Bishops) - 03 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Baroness Bakewell of Hardington Mandeville (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would include Gypsy and Traveller sites in the strategically important housing identified in spatial development strategies.

Amendment 115

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Rainwater harvesting and recycling
(1) A local planning authority may not grant planning permission for a development of houses that does not incorporate rainwater harvesting in its design.
(2) For the purposes of this section, rainwater harvesting includes—
(a) rain collected from roofs and other surfaces above ground level, and
(b) rain collected via a system of above ground pipes and tanks,
and cannot include any rainwater harvesting which interferes with normal groundwater flow.”

Type: Backbencher

Signatures: 3

Baroness Hodgson of Abinger (Con - Life peer) - 02 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 02 Jul 2025
Baroness Parminter (LD - Life peer) - 02 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that rainwater harvesting systems are a compulsory part of a new developments, so as to ‘future proof’ housing in the light of climate change.

Opposition Amendment 237

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 54, page 91, line 30, at end insert—
“(8) An EDP must include a schedule setting out the timetable for implementation of each conservation measure and reporting results.
(9) The schedule must ensure that, where the development to which the EDP applies is likely to cause in Natural England’s opinion any significant environmental damage, the corresponding conservation measures have resulted in an overall improvement in the conservation status of the identified features in advance of that damage, so that environmental benefits are delivered in advance so far as practicable.”

Type: Opposition

Signatures: 2

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendments requires an implementation schedule that guarantees EDP conservation measures deliver benefits, especially ahead of any irreversible environmental damage as determined by Natural England.

Opposition Amendment 145A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 21, at end insert—
“(5A) A spatial development strategy must contain a design vision for the strategy area, developed with the local community and stakeholders, including provision to ensure design quality—
(a) which means development that is proactively planned to meet the needs of residents and communities in practice, and
(b) which adheres to principles of safety, sustainability and accessibility.”

Type: Opposition

Signatures: 4

Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025
Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025
Lord Teverson (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment requires spatial development strategies to include a design vision for the strategy area that meets the practical needs of residents and communities, and reflects the principles of safety, sustainability and accessibility.

Opposition Amendment 145B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 21, at end insert—
“(5A) Where a spatial development strategy includes provision relating to housing, it may also include provision for housing to meet recognised high energy-efficiency and climate resilience standards, including but not limited to the Passivhaus standard, with a view to—
(a) reducing energy consumption in new residential buildings,
(b) improving temperature control and ventilation, particularly in response to extreme heat and other severe weather events,
(c) contributing to national and regional climate change mitigation and adaptation objectives, and
(d) supporting long-term affordability for occupants through reduced energy costs.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment 116

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Communal ground source heat pump installation
For a development consisting of five or more houses in close proximity, a local planning authority may not grant planning permission unless the development incorporates a communal ground source heat pump serving all houses in the development.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 02 Jul 2025

Opposition Amendment

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 54 stand part of the Bill.

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 26 Jun 2025
Earl Russell (LD - Excepted Hereditary) - 26 Jun 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Opposition Amendment 146

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was WITHDRAWN

Clause 52, page 73, line 24, at end insert—
“(6A) A spatial development strategy must—
(a) list any rivers or streams identified in the strategy area,
(b) identify the measures to be taken to protect any identified rivers or streams from pollution, abstraction, encroachment and other forms of environmental damage, and
(c) impose responsibilities on strategic planning authorities in relation to the protection and enhancement of chalk stream habitats.”

Type: Opposition

Signatures: 5

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Bellingham (Con - Life peer) - 26 Jun 2025
Lord Bishop of Winchester (Bshp - Bishops) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 07 Jul 2025

Member's explanatory statement

This amendment would require a special development strategy to list any rivers and streams in the strategy area, outline measures to protect them from environmental harm, and impose responsibility on strategic planning authorities to protect and enhance chalk stream environments.

Amendment 117

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Solar panels
A local planning authority may not grant planning permission for a development of housing that does not incorporate roof-mounted solar panels on each dwelling.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 02 Jul 2025

Amendment 238

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 55, page 91, line 33, leave out “one or more” and insert “the”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment and another in the name of Lord Lansley to Clause 55, line 35 would secure that each of the environmental features which are likely to be negatively affected by a development are identified in the EDP and the ways in which that effect is caused is also identified.

Opposition Amendment 118

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Pre-application consultation of emergency services
In Schedule 4 of the Town and Country Planning (Development Management Procedure) (England) Order 2015, after paragraph (zf) insert—
“

(zg)	Development which is likely to affect operations of ambulance services	The ambulance trust concerned
(zh)	Development which is likely to affect operations of fire and rescue services	The fire and rescue service concerned

””

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment would require pre-application consultation with emergency services in relation to Development management procedure.

Amendment 239

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 55, page 91, line 35, leave out “one or more” and insert “the”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment and another in the name of Lord Lansley to clause 55, line 33 would secure that each of the environmental features which are likely to be negatively affected by a development are identified in the EDP and the ways in which that effect is caused is also identified.

Amendment 147

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

Clause 52, page 73, line 24, at end insert—
“(6A) A spatial development strategy must—
(a) list any chalk streams identified in the strategy area,
(b) identify the measures to be taken to protect any identified chalk streams from pollution, abstraction, encroachment and other forms of environmental damage, and
(c) impose responsibilities on strategic planning authorities in relation to the protection and enhancement of chalk stream habitats.”

Type: Backbencher

Signatures: 4

Lord Bishop of Norwich (Bshp - Bishops) - 30 Jun 2025
Earl of Caithness (Con - Excepted Hereditary) - 30 Jun 2025
Viscount Trenchard (Con - Excepted Hereditary) - 30 Jun 2025
Baroness Parminter (LD - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment would require a special development strategy to list chalk streams in the strategy area, outline measures to protect them from environmental harm, and impose responsibility on strategic planning authorities to protect and enhance chalk stream environments.

Opposition Amendment 119

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Considerations when deciding an application for development consent
In section 55 of the Planning Act 2008 (acceptance of applications), after subsection (4) insert—
“(4A) When deciding whether to accept an application, the Secretary of State must have regard to the extent to which consultation with affected communities has—
(a) identified and resolved issues at the earliest opportunity,
(b) enabled interested parties to understand and influence the proposed project, provided feedback on potential options, and encouraged the community to help shape the proposal to maximise local benefits and minimise any disbenefits,
(c) enabled applicants to obtain relevant information about the economic, social, community and environmental effects of the project, and
(d) enabled appropriate mitigation measures to be identified, considered and, if appropriate, embedded into the proposed application before the application was submitted.””

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause to the Planning Act would require the Secretary of State to consider the content and adequacy of consultation undertaken with affected communities when deciding an application for development consent.

Amendment 240

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 55, page 91, line 38, at end insert “unless they are environmental impacts expected to result directly from the development to which the EDP relates.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require that an EDP must identify the environmental impacts on an environmental feature if they result directly from the development to which the EDP relates.

Opposition Amendment 148

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 24, at end insert—
“(6A) Where a strategy area includes a chalk stream, the spatial development strategy must include policies on permissible activities within the area of the stream for the purposes of preventing harm or damage to the stream or its surrounding area.”

Type: Opposition

Signatures: 2

Baroness Grender (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would ensure spatial development strategies include policies to protect chalk streams.

Opposition Amendment 120

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Register of planning applications from political donors
(1) A local planning authority must maintain and publish a register of planning applications in its area where—
(a) a determination has been made by the Secretary of State responsible for housing and planning, and
(b) the applicant has made a donation to the Secretary of State responsible for housing and planning within the period of ten years prior to the application being made.
(2) A register maintained under this section must be published at least once each year.”

Type: Opposition

Signatures: 5

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Lord Lansley (Con - Life peer) - 07 Jul 2025
Lord Shipley (LD - Life peer) - 07 Jul 2025
Lord Best (XB - Life peer) - 07 Jul 2025

Member's explanatory statement

This new clause would require a local planning authority to keep and publish a register of applications decided by the Secretary of State where that Secretary of State has received a donation from the applicant.

Amendment 240A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 55, page 91, line 39, leave out “may” and insert “must”

Type: Backbencher

Signatures: 1

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment ensures that environmental features identified in an EDP must be either a protected feature of a protected site, or a protected species, and would ensure that EDPs address species and features individually.

Opposition Amendment 148A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 31, at end insert—
“(9A) A spatial development strategy must prioritise development on brownfield land and urban densification.
(9B) A spatial development strategy must seek to increase sustainability and community building by minimising travel distances between places of employment, residence and commercial or leisure activities.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment would require spatial development strategies to prioritise brownfield and urban densification, and to promote sustainable, mixed communities by reducing travel distances between homes, jobs, and services.

Amendment 121

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Provision of green space in new housing developments
Any application for permission for the development of housing must include provision for—
(a) green spaces including private and community gardens, play areas and such other green space as the community consultation has identified as essential to them;
(b) the care and maintenance of the green spaces provided for under this section.”

Type: Backbencher

Signatures: 1

Baroness Miller of Chilthorne Domer (LD - Life peer) - 03 Jul 2025

Amendment 241

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was WITHDRAWN

Clause 55, page 92, line 1, leave out paragraph (b)

Type: Backbencher

Signatures: 2

Lord Gascoigne (Con - Life peer) - 30 Jun 2025
Baroness Young of Old Scone (Lab - Life peer) - 30 Jun 2025

Amendment 149

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

Clause 52, page 74, line 7, at end insert—
“(11A) A spatial development strategy must include policies relating to the provision and protection of land for community gardening and allotments.”

Type: Backbencher

Signatures: 5

Baroness Bennett of Manor Castle (Green - Life peer) - 26 Jun 2025
Lord Gascoigne (Con - Life peer) - 26 Jun 2025
Baroness Miller of Chilthorne Domer (LD - Life peer) - 26 Jun 2025
Baroness Willis of Summertown (XB - Life peer) - 26 Jun 2025
Baroness Grender (LD - Life peer) - 07 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment would require planning authorities to include their policies in relation to the provision of allotment and community garden land in their spatial development strategy.

Opposition Amendment 150

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was NOT MOVED

Clause 52, page 74, line 7, at end insert—
“(11A) A spatial development strategy must—
(a) take account of Local Wildlife Sites in or relating to the strategy area, and
(b) avoid development or land use change which would adversely affect or hinder the protection or recovery of nature in a Local Wildlife Site.”

Type: Opposition

Signatures: 2

Baroness Grender (LD - Life peer) - 27 Jun 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Baroness Bennett of Manor Castle (Green - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment would ensure that spatial development strategies take account of Local Wildlife Sites.

Amendment 122

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Delivery of affordable housing
(1) The Secretary of State must by regulations make provision for ensuring that when planning permission is granted subject to requirements for the delivery of affordable housing schemes on the relevant site, such requirements are fully implemented.
(2) The requirements for the delivery of affordable housing schemes referred to in subsection (1) shall be satisfied only if the percentage of the total housing constructed let as social rent housing exceeds the percentage set out in the authority’s affordable housing threshold or twenty per cent, whichever is higher.
(3) In subsection (2) ‘social rent housing’ has the meaning given in paragraph 7 of the Direction on the Rent Standard 2019 together with paragraph 4 of the Direction on the Rent Standard 2023, as modified by paragraph 8 of the Direction on the Rent Standard 2023.”

Type: Backbencher

Signatures: 4

Lord Best (XB - Life peer) - 03 Jul 2025
Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

The amendment is intended to ensure affordable housing is actually delivered where this is the subject of planning consent, and the proportion of social rent housing is at least 20 per cent.

Opposition Amendment 242

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 55, page 92, line 1 at end insert—
“(2A) An environmental feature identified in an EDP must not be—
(a) an irreplaceable habitat, and
(b) ecologically linked to an irreplaceable habitat to the extent that development-related harm to that feature or the surrounding site would degrade, damage or destroy an irreplaceable habitat.
(2B) For the purposes of this section, "irreplaceable habitat" means—
(a) a habitat identified as irreplaceable under The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations (2024/48), or
(b) an ecologically valuable habitat that would be technically very difficult or impossible to restore, create or replace within a reasonable timescale.”

Type: Opposition

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Member's explanatory statement

This amendment would clarify that an Environmental Delivery Plan cannot be created for irreplaceable habitats and would maintain existing rules and processes for their protection, including under the National Planning Policy Framework.

Amendment 123

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Development plans to aim to improve health and well-being
(1) Any national or local plan or strategy relating to the planning or development of an area must be designed to improve the physical, mental and social health and well-being of the people who are to reside in that area.
(2) The Secretary of State must issue guidance to local planning authorities on how local plans and strategies can be designed to achieve the aims outlined in subsection (1).”

Type: Backbencher

Signatures: 4

Lord Crisp (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause would require national or local development plans to be designed in a way that aims to improve the physical, mental and social health and well-being of residents.

Amendment 242A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 55, page 92, line 1, at end insert—
“(2A) An environmental impact identified in an EDP may only affect nutrient neutrality, water quality, water resource or air quality.”

Type: Backbencher

Signatures: 2

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025
Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to limit the application of an EDP to issues where approaches at a strategic landscape scale will be effective.

Opposition Amendment 150ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 52, page 74, line 14, at end insert—
“(12A) Any local plan prepared after the spatial development strategy is in place must not be inconsistent with, or (in substance) repeat, any policies in the strategy.
(12B) Where any local plan is subject to representations under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (S.I. 2012/767) (preparation of a local plan), or a subsequent stage of preparation process, it may continue on the basis existing at the time of that stage of the preparation process.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the principle of finality. This amendment seeks to ensure that local plans are aligned with spatial development strategies, while allowing transitional arrangements for local plans already at an advanced stage of preparation.

Opposition Amendment 150ZB

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 74, line 14, at end insert—
“(12A) Any neighbourhood plan prepared more than 12 months after the spatial development strategy is in place must not be inconsistent with, or (in substance) repeat, any policies in the spatial development strategy.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment would ensure that neighbourhood plans are aligned with strategic plans, while allowing for adequate transition.

Amendment 124

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Display of new advertisements
In section 220(1) of the Town and Country Planning Act 1990 (regulations controlling display of advertisements), for “amenity or public safety” substitute “amenity, environmental impact, public safety or public health”.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause amends section 220 of the Town and Country Planning Act 1990 to add environmental impact and public health to the considerations for which the Secretary of State can restrict or regulate the display of advertisements.

Government Amendment 186

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was AGREED

Clause 93, page 122, line 26, after “(1B)” insert “(as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023)”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This is a drafting change that would be helpful because subsection (1B), referred to in the clause, is not yet in force and therefore is not yet shown on legislation.gov.uk.

Amendment 125

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Access to data on overheating risk
(1) For the purposes of supporting the making of local plans, spatial development strategies and planning decisions, the Secretary of State must make provision for local planning authorities to have access to relevant data relating to overheating risk.
(2) The Secretary of State must ensure that data on overheating risk made available to local planning authorities is updated at intervals not exceeding five years.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause would require the Secretary of State to ensure that local planning authorities have access to up-to-date data on overheating risk, to support the making of local plans, spatial development strategies, and planning decisions.

Government Amendment 187

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was AGREED

After Clause 93, insert the following new Clause—
“Relationship between different types of development corporation
(1) The New Towns Act 1981 is amended as set out in subsections (2) to (5).
(2) In section 1 (designation of areas), after subsection (3) insert—
“(3ZA) An order under this section may designate an area of land that includes any area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under—
(a) section 1ZB(2) (designation of locally-led new town in England),
(b) section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area), or
(c) section 197 of the Localism Act 2011 (designation of Mayoral development area).
(3ZB) On the coming into force of an order that makes provision as mentioned in subsection (3ZA), the overlap area no longer forms part of the previously designated area.
(3ZC) Where the Secretary of State makes an order that contains provision as mentioned in subsection (3ZA), the Secretary of State may also make regulations—
(a) amending any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b) providing for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the new town;
(c) where the overlap area completely covers the previously designated area, providing for the dissolution of the development corporation for the previously designated area;
(d) making consequential, incidental, supplementary, transitional or saving provision.
(3ZD) The Secretary of State may, in connection with regulations under subsection (3ZC), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the new town (see also section 9B (transfer schemes: general provisions)).”
(3) In section 1ZA (local authority proposal for designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), after subsection (1) insert—
“(1A) A proposal area must not include any area of land that is, or forms part of, an area that is designated under—
(a) section 1 (designation of new town area by Secretary of State),
(b) section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State), or
(c) section 197 of the Localism Act 2011 (designation of Mayoral development area).
(See also section 1(3ZB) and (3ZC), section 197(2B) and (2C) of the Localism Act 2011 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)”
(4) In section 1ZB (designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), in subsection (2)—
(a) for “may” substitute “must”;
(b) omit from “if” to the end.
(5) In section 77 (regulations and orders)—
(a) in subsection (2A), after “section” insert “1(3ZC) or”;
(b) in subsection (3C), after “order” insert “or regulations”.
(6) The Localism Act 2011 is amended as set out in subsections (7) to (9).
(7) In section 197 (designation of Mayoral development areas)—
(a) in subsection (1), for “any” substitute “an”;
(b) after subsection (2) insert—
“(2A) An area of land designated under subsection (1)—
(a) may include any area (the “overlap area”) that is, or forms part of, an area of land that has already been designated (the “previously designated area”) under—
(i) section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or
(ii) section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area);
(b) may not include any area that is, or forms part of, an area that is designated under—
(i) section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or
(ii) section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State).
(See also section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)
(2B) Where the Mayor designates an area as mentioned in subsection (2A)(a), the Secretary of State must make regulations providing that the overlap area no longer forms part of the previously designated area.
(2C) The regulations may also—
(a) amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b) provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the Mayoral development area;
(c) where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area.
(2D) The Secretary of State may, in connection with regulations under this section, make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the Mayoral development area (see also section 218 (transfer schemes: general provisions)).”
(8) In section 218 (transfer schemes: general provisions, in the definition of “transfer scheme” in subsection (1), after “section” insert “197(2D),”.
(9) In section 235 (orders and regulations)—
(a) in subsection (7), after paragraph (j) insert—
“(ja) regulations under section 197;”;
(b) in subsection (14), after “52” insert “or regulations under section 197”.
(10) The Local Government, Planning and Land Act 1980 is amended as set out in subsections (11) to (13).
(11) In section 134 (urban development areas)—
(a) in subsection (1B) (as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023)—
(i) in the words before paragraph (a), for “may” substitute “must”;
(ii) omit paragraph (b) (and the “and” immediately before it);
(b) after subsection (1C) (inserted by section 93) insert—
“(1D) An order under subsection (1) may designate any area of land that includes an area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under—
(a) subsection (1B) (designation of locally-led urban development area),
(b) section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or
(c) section 197 of the Localism Act 2011 (designation of Mayoral development area).
(1E) On the coming into force of an order that makes provision as mentioned in subsection (1D), the overlap area no longer forms part of the previously designated area.
(1F) Where the Secretary of State makes an order that contains provision as mentioned in subsection (1D), the Secretary of State may also by regulations made by statutory instrument—
(a) amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b) provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the urban development area;
(c) where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area;
(d) make consequential, incidental, supplementary, transitional or saving provision.
(1G) The Secretary of State may, in connection with regulations under subsection (1F), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the urban development area (see also section 140B (transfer schemes: general provisions)).”;
(c) in subsection (4), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”;
(d) in subsection (4A), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”.
(12) In section 134A (local authority proposal for designation of locally-led urban development area in England, as inserted by section 171(3) of the Levelling-up and Regeneration Act 2023), after subsection (1) insert—
“(1A) A proposal area must not include any area of land that is, or forms part of, an area that is designated under—
(a) section 134(1) (designation of urban development area by Secretary of State),
(b) section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or
(c) section 197 of the Localism Act 2011 (designation of Mayoral development area).
(See also section 134(1E) and (1F), section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 197(2B) and (2C) of the Localism Act 2011.)”
(13) In section 171 (interpretation), in the definition of “urban development area”, after “it” insert “by virtue of subsection (1E) of that section or”.”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This new clause would clarify the relationship between different types of development corporation so that any area of overlap in proposed new corporations will be resolved in favour of the higher-tier authority.

Amendment 150A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 74, line 21, leave out from “2008” to the end of line 22 and insert “which is to be let as social rent housing, where “social rent housing” has the meaning given in paragraph 7 of the Direction on the Rent Standard 2019 together with paragraph 4 of the Direction on the Rent Standard 2023, as modified by paragraph 8 of the Direction on the Rent Standard 2023.”

Type: Backbencher

Signatures: 1

Baroness Warwick of Undercliffe (Lab - Life peer) - 03 Jul 2025

Opposition Amendment

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 93 stand part of the Bill.

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This seeks to probe the necessity and implications of Clause 93.

Amendment 151

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 74, line 22, at end insert—
“(15) In subsection (5), “social rent housing” has the meaning given by paragraph 7 of the Direction on the Rent Standard 2019 and paragraphs 4 and 8 of the Direction on the Rent Standard 2023.”

Type: Backbencher

Signatures: 3

Lord Best (XB - Life peer) - 03 Jul 2025
Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment explains that social rent housing is as defined in the Regulator of Social Housing’s appropriate Direction.

Amendment 126

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Conditions to mitigate overheating risk
In section 70 of the Town and Country Planning Act 1990 (determination of applications: general considerations), after subsection (1) insert—
“(1ZA) Where an application is made to a local planning authority for planning permission for residential development, the authority may impose conditions which require the implementation of measures to mitigate the risk of overheating where local climatic data indicates elevated risk.””

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This new Clause would allow local planning authorities to impose conditions on residential developments to mitigate the risk of overheating, where local climate data shows elevated risk.

Opposition Amendment 187A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 94, page 123, line 2, leave out subsection (1)

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the practical meaning of the new definitions, specifically the achievement of sustainable development and the mitigation of climate change.

Amendment 127

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Duties in relation to mitigation of, and adaptation to, climate change in relation to planning
(1) The Secretary of State must have special regard to the mitigation of, and adaptation to, climate change in preparing—
(a) national policy, planning policy or advice relating to the development or use of land;
(b) a national development management policy under section 38ZA of the Planning and Compulsory Purchase Act 2004 (meaning of national development management policy).
(2) A planning authority when exercising a relevant function under the Planning Acts shall have special regard to the need to mitigate and adapt to climate change.
(3) When making a planning decision relating to development arising from an application for planning permission, the making of a development order granting planning permission or an approval under a development order granting planning permission, a relevant planning authority (as defined in section 91 of the Levelling-up and Regeneration Act 2023) must have special regard to the mitigation of, and adaptation to, climate change.
(4) For the purposes of interpretation of this section—
“the mitigation of climate change” includes the achievement of—
(a) the target for 2050 set out in section 1 of the Climate Change Act 2008 (the target for 2050),
(b) applicable carbon budgets made under section 4 of the Climate Change Act 2008 (carbon budgets), and
(c) sections 1 to 3 of the Environment Act 2021 (environmental targets);
“adaptation to climate change” includes—
(a) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008 (report on impact of climate change), and
(b) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made under section 7 of the Flood and Coastal Water Management Act 2010 (national flood and coastal erosion risk management strategy: England).”

Type: Backbencher

Signatures: 4

Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025
Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Krebs (XB - Life peer) - 03 Jul 2025
Lord Grantchester (Lab - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This new clause places a duty on the Secretary of State and relevant planning authorities respectively to have special regard to the mitigation of, and adaptation to, climate change with respect to national policy, local plan-making and planning decisions.

Amendment 128

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Planning Acts legal challenges: reduction in time limit
(1) The Town and Country Planning Act 1990 is amended in accordance with subsections (2) to (6).
(2) In section 61N (legal challenges in relation to neighbourhood development orders)—
(a) in subsection (1)(b) for “6 weeks” substitute “21 days”;
(b) in subsection (2)(b) for “6 weeks” substitute “21 days”;
(c) in subsection (3)(b) for “6 weeks” substitute “21 days”.
(3) In section 106C (legal challenges relating to development consent obligations)—
(a) in subsection (1)(b) for “6 weeks” substitute “21 days”;
(b) in subsection (1A) for “6 weeks” substitute “21 days”;
(c) in subsection (2)(b) for “6 weeks” substitute “21 days”;
(d) in subsection (3)(b) for “6 weeks” substitute “21 days”.
(4) In section 287 (proceedings for questioning validity of development plans and certain schemes and orders), in subsection (2B), for “6 weeks” substitute “21 days”.
(5) In section 288 (proceedings for questioning the validity of other orders, decisions and directions), in subsection (4B), for “6 weeks” substitute “21 days”.
(6) In section 289 (appeals to High Court relating to certain notices), after subsection (4B), insert—
“(4C) An appeal under this section may not be made without the leave of the High Court.
(4D) An application for leave for the purposes of subsection (4C) must be made before the end of the period of 21 days beginning with the day after the decision of the Secretary of State is made.”.
(7) In section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (proceedings for questioning the validity of other orders, decisions and directions), in subsection (3A), for “6 weeks” substitute “21 days”.
(8) In section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications), in subsection (2B), for “6 weeks” substitute “21 days”.
(9) In section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)—
(a) in subsection (1)(b) for “6 weeks” substitute “21 days”;
(b) in subsection (2)(b) for “6 weeks” substitute “21 days”;
(c) in subsection (3)(b) for “6 weeks” substitute “21 days”;
(d) in subsection (4)(b) for “6 weeks” substitute “21 days”;
(e) in subsection (5)(b) for “6 weeks” substitute “21 days”;
(f) in subsection (6)(b) for “6 weeks” substitute “21 days”;
(g) in subsection (7)(b) for “6 weeks” substitute “21 days”.
(10) The amendments made by this section do not apply in relation to a decision made before this section comes into force.”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This new Clause would reduce the time-limit for legal challenges to certain orders from 6 weeks to 21 days, in line with the deadline for an application for permission to appeal. Transitional provision is further made to ensure that the amendments made by the new Clause apply prospectively only. This amendment extends Amendment 128 to proceedings brought under section 22 of the Planning (Hazardous Substances) Act 1990.

Amendment 188

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 94, page 123, line 6, at end insert—
“(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments.”

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 03 Jul 2025

Opposition Amendment 151A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 75, line 4, at end insert—
“(1A) The Secretary of State must provide detailed guidance on the expected timetable for preparing a spatial development strategy.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment would require the Secretary of State to provide a clear timetable for the preparation of spatial development strategies, ensuring clarity for all participants and realistic expectations of delivery.

Amendment 152

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 76, line 14, at end insert—
“(iv) the housing needs of an ageing population;”

Type: Backbencher

Signatures: 1

Lord Best (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment ensures the draft Spatial Development Strategy has regard to the housing needs of the ageing population.

Amendment 189

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 94, page 123, line 6, at end insert—
“(c) the positive promotion of the physical, mental and social health of the residents in its area by ensuring the creation of healthy homes and neighbourhoods.”

Type: Backbencher

Signatures: 3

Lord Crisp (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Amendment 129

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Town and Country Planning Act 1990: legal challenges
(1) In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (ca) (as inserted by section 12 of this Act) insert—
“(cb) from a refusal of permission to apply for judicial review in a case within section 61N, 106C, 287, 288, or 289 of the Town and Country Planning Act 1990 (proceedings relating to neighbourhood development orders, development consent obligations, questioning validity of development plans and certain schemes and orders, questioning the validity of other orders, decisions and directions, and appeals to High Court relating to certain notices), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”.
(2) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—
(a) provision requiring an application for permission to apply for judicial review in a case within section 61N, 106C, 287, 288, or 289 of the Town and Country Planning Act 1990 (proceedings relating to neighbourhood development orders, development consent obligations, questioning validity of development plans and certain schemes and orders, questioning the validity of other orders, decisions and directions, and appeals to High Court relating to certain notices) to be decided at an oral hearing;
(b) provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.”

Type: Backbencher

Signatures: 2

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This new Clause restricts appeals to the Court of Appeal if the High Court decides that an application for judicial review against a decision under the Town and Country Planning Act 1990 is totally without merit. It also amends that Act to require that all applications are made to the High Court. This amendment requires Civil Procedure Rules to be made in similar terms of Clause 12(2) in relation to Amendment 129.

Amendment 130

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Planning (Listed Buildings and Conservation Areas) Act 1990: legal challenges
(1) In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (cb) (as inserted by section (Town and Country Planning Act 1990: legal challenges) of this Act) insert—
“(cc) from a refusal of permission to apply for judicial review in a case within section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (proceedings for questioning the validity of other orders, decisions and directions), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”
(2) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—
(a) provision requiring an application for permission to apply for judicial review in a case within section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (proceedings for questioning the validity of other orders, decisions and directions) to be decided at an oral hearing;
(b) provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.”

Type: Backbencher

Signatures: 2

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025
Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This new Clause restricts appeals to the Court of Appeal if the High Court decides that an application for judicial review against a decision under the Planning (Listed Buildings and Conservation Areas) Act 1990 is totally without merit. This amendment requires Civil Procedure Rules to be made in similar terms of Clause 12(2) in relation to Amendment 130.

Amendment 190

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 94, page 123, line 14, at end insert—
“(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments.”

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 03 Jul 2025

Amendment 152ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 76, line 14, at end insert—
“(iv) the welfare of animals in the strategy area, where “animal” has the meaning given by section 5(1) (Interpretation) of the Animal Welfare (Sentience) Act 2022;”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that animal welfare is considered when spatial development strategies are produced. It addresses the concerns raised by the government's Animal Sentience Committee in their June 2025 letter to Ministers, that the Bill as drafted does not pay due regard to the welfare of sentient animals.

Opposition Amendment 152A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 76, line 17, at end insert—
“(2A) The Secretary of State must provide clear guidance on the prioritisation of considerations in determining a spatial development strategy, and identify those matters which are at the discretion of the strategic planning authority.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This is a probing amendment which seeks to gain clarity as to how competing objectives, aspirations, regulations and legislation are to be prioritised when preparing a spatial development strategy.

Amendment 131

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Enforcement of planning decisions
(1) A local planning authority when exercising a relevant function under the Planning Acts shall have a duty to—
(a) enforce planning conditions, and
(b) enforce the removal of any structure that has not received planning permission.
(2) At the discretion of the local planning authority, minor infringements may be excepted from the duty to enforce.
(3) Minor infringements under subsection (2) may not include any environmental, climate or nature-related conditions.
(4) The costs of enforcement by a local planing authority shall be recovered by the application of a penalty payment regime.
(5) The Secretary of State must, after consultation with local planning authorities, lay down a schedule of penalty charges.
(6) The schedule under subsection (5) must—
(a) reflect the full costs of enforcement by a local planning authority, and
(b) be reviewed annually to reflect changes in costs.
(7) The Secretary of State must lay down a schedule giving examples of what might be deemed as a minor infringement under subsection (2).”

Type: Backbencher

Signatures: 1

Lord Teverson (LD - Life peer) - 03 Jul 2025

Amendment 191

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 94, page 123, line 14, at end insert—
“(c) the positive promotion of the physical, mental and social health of the residents in its area by ensuring the creation of healthy homes and neighbourhoods.”

Type: Backbencher

Signatures: 3

Lord Crisp (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Amendment 132

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Exercise of planning functions to be compatible with the purpose of planning
(1) Any person or body exercising a planning function must do so in a manner that is compatible with the purpose of planning as set out in subsection (2).
(2) The purpose of planning is to manage the development and use of land in the long-term public interest.
(3) Anything which—
(a) addresses the long-term common good and wellbeing of current and future generations,
(b) has full regard to the achievement of the commitments in and under the Climate Change Act 2008 or the Environment Act 2021,
(c) is in accordance with the United Nations Sustainable Development Goals, and
(d) delivers fair planning processes that are open, accessible and efficient,
is to be considered as being in the long-term public interest.
(4) In this section, a planning function means any statutory power or duty relating to the use or development of land in England.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This new Clause would introduce a purpose of planning and provide that anyone exercising a planning function must do so in a manner that is compatible with that purpose.

Amendment 192

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 94, page 123, line 21, at end insert—
“(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments.”

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 03 Jul 2025

Opposition Amendment 153

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 77, line 17, insert—
“(3A) A strategic planning authority must prepare and consult on a statement of community involvement which provides for persons affected by the strategy to have a right to be heard at an examination.”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment would require strategic planning authorities to consider notifying disabled people about the publication of a draft spatial development strategy.

Amendment 193

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 94, page 123, line 21, at end insert—
“(c) the positive promotion of the physical, mental and social health of the residents in its area by ensuring the creation of healthy homes and neighbourhoods.”

Type: Backbencher

Signatures: 3

Lord Crisp (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Amendment 133

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Promotion and use of mediation etc.
(1) The Town and Country Planning Act 1990 is amended as follows.
(2) After section 323A insert—
“323B Promotion and use of mediation etc.
(1) The Secretary of State or the Welsh Ministers may issue guidance in relation to the promotion and use of mediation and other forms of alternative dispute resolution (ADR) technique in relation to the following—
(a) the preparation of local development plans and related evidence reports under Part 2,
(b) a prospective applicant's compliance with any requirements in respect of pre-application consultation imposed under or by virtue of sections 61W or 61Z,
(c) assisting in the determination of an application for planning permission, including related planning obligations or their variation under sections 106 and 106A, and
(d) any other matter related to planning including the acquisition or appropriation of land for planning purposes that they consider appropriate.
(2) Guidance under subsection (1) may include provision about—
(a) the form of mediation or other ADR technique that is to be used in a particular circumstance, and
(b) the procedure to be followed in any such mediation.
(3) Local authorities must have regard to any guidance issued under subsection (1).
(4) Before issuing any guidance under subsection (1), the Secretary of State and the Welsh Ministers must consult—
(a) planning authorities, and
(b) such other persons that they consider appropriate.
(5) The Secretary of State and the Welsh Ministers must make any guidance issued under subsection (1) publicly available.
(6) The power under subsection (1) to issue guidance includes power to—
(a) issue guidance that varies guidance issued under that subsection, and
(b) revoke guidance issued under that subsection.
(7) For the purposes of this section, “mediation” and “ ADR technique” includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person that the Secretary of State or the Welsh Ministers consider appropriate.
(8) The Secretary of State and the Welsh Ministers must issue guidance under subsection (1) within the period of two years beginning with the date on which the Planning and Infrastructure Act 2025 is passed.””

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment requires that guidance must be issued on the promotion and use of mediation and other forms of ADR in the planning process. It is intended to engender a culture of informal resolution of disputes, in order to reduce the risk of the delay and expense caused by litigation.

Opposition Amendment 153A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 81, line 24, leave out “from time to time”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the meaning of the phrase “from time to time” and how frequently updates are expected.

Opposition Amendment 134

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Removal of Permitted Development Rights for Conversion to Dwellinghouses
(1) The Town and Country Planning (General Permitted Development) (England) Order 2015 (2015/596) is amended as follows—
(a) in Schedule 2, Part 3 (changes of use), the following Classes are repealed—
(i) Class G (commercial, business and service or betting office or pay day loan shop to mixed use);
(ii) Class L (small HMOs to dwellinghouses and vice versa)
(iii) Class M (certain uses to dwellinghouses)
(iv) Class MA (commercial, business and service uses to dwellinghouses);
(v) Class N (specified sui generis uses to dwellinghouses);
(vi) Class Q (buildings on agricultural units and former agricultural buildings to dwellinghouses);
(b) Schedule 2, Part 20 (construction of new dwellinghouses) is repealed.
(2) Any development under the revoked Classes in Part 3 and Part 20 of Schedule 2 that has—
(a) commenced before the date on which this Act comes into force, and
(b) received valid prior approval or notification from the local planning authority before that date,
shall be allowed to proceed under the conditions applicable prior to the repeal.
(3) No new applications for prior approval under the revoked Classes may be submitted after the date on which this Act comes into force.”

Type: Opposition

Signatures: 1

Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Member's explanatory statement

This amendment removes a range of permitted development rights that previously allowed certain non-residential buildings to be converted into homes without full planning permission. It repeals specific change-of-use and new dwellinghouse construction rights in the General Permitted Development Order 2015. Developments already approved or commenced before the repeal may continue under existing rules, but no new applications can be made once the changes take effect.

Amendment 154

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 90, line 3, at end insert—
“Neighbourhood priorities statements
12Y Neighbourhood priorities statements
(1) Any qualifying body may make a statement, to be known as a “neighbourhood priorities statement”, which summarises what the body considers to be the principal needs and prevailing views, of the community in the neighbourhood area in relation to which the body is authorised, in respect of local development and infrastructure.
(2) Local matters” are such matters as the Secretary of State may prescribe, relating to—
(a) development, or the management or use of land, in or affecting the neighbourhood area,
(b) the development of housing in the neighbourhood area,
(c) the natural environment in the neighbourhood area,
(d) development of public spaces in the neighbourhood area, or
(e) the infrastructure or facilities available in the neighbourhood area.
(3) A qualifying body may modify or revoke a neighbourhood priorities statement that has effect, for the time being, for the neighbourhood area in relation to which the body is authorised.
(4) A neighbourhood priorities statement has effect from the time it is published by a relevant local planning authority and ceases to have effect upon such an authority publishing a notice stating that it has been revoked by a qualifying body.
(5) A modification of a neighbourhood priorities statement has effect from the time the modification, or modified statement, is published by a relevant local planning authority.
(6) Regulations made by the Secretary of State may impose requirements which must be met for a neighbourhood priorities statement, or any modification or revocation of such a statement, to be made or published.
(7) Regulations under subsection (6) or section 15LE(2)(k) may provide that a requirement may be met, or (as the case may be) procedure may be complied with, by virtue of things done by a parish council, or other organisation or body, before it becomes a qualifying body.
(8) Regulations under subsection (6) and section 15LE must (between them)—
(a) require a qualifying body to publish any proposed neighbourhood priorities statement, so that people who live, work or carry on business in the neighbourhood area to which the statement relates can comment on the proposed statement before the body makes the statement,
(b) require a qualifying body to publish any proposed material modification of a neighbourhood priorities statement, so that people who live, work or carry on business in the neighbourhood area to which the statement relates can comment on the proposed modification before the body makes the modification,
(c) require a relevant local planning authority to publish a neighbourhood priorities statement, if the statement is made in accordance with this section and any regulations made under this Part,
(d) require a relevant local planning authority to publish a notice of the revocation of a neighbourhood priorities statement, if the statement has been revoked in accordance with this section and any regulations made under this Part, and
(e) require a relevant local planning authority, if a modification of a neighbourhood priorities statement is made in accordance with this section and any regulations made under this Part, to publish the modification or a modified statement.
(9) Subsection (10) applies if, as a result of a modification of a neighbourhood area under section 61G(6) of the principal Act, a neighbourhood priorities statement relates to more than one neighbourhood area.
(10) Any modification, or revocation, of the neighbourhood priorities statement as it has effect for one of those areas does not affect the statement as it has effect in relation to the other area or areas.
(11) Regulations under section 61G(11) of the principal Act (designation of areas as neighbourhood areas) may include provision about the consequences of the modification of designations—
(a) on proposals for neighbourhood priorities statements, or on neighbourhood priorities statements, that have already been made, or
(b) on proposals for the modification of neighbourhood priorities statements, or on modifications of neighbourhood priorities statements, that have already been made.
(12) A authority mentioned in subsection (13) is a “relevant local planning authority”, in relation to a neighbourhood priorities statement, if some or all of the neighbourhood area to which the statement relates falls within the area of the authority.
(13) The authorities are—
(a) a district council,
(b) a London borough council,
(c) a metropolitan district council,
(d) a county council in relation to an area in England for which there is no district council, or
(e) the Broads Authority.
(14) In this section—
“material modification” , in relation to a neighbourhood priorities statement, means a modification which a relevant local planning authority considers—
(a) materially affects a summary, in the statement, of any needs or views, of the community in the neighbourhood area, in relation to a local matter, and
(b) does not only correct an obvious error or omission;
“neighbourhood area” has the meaning given by sections 61G and 61I(1) of the principal Act;
“qualifying body” means a parish council or an organisation or body designated as a neighbourhood forum, which is authorised to act in relation to a neighbourhood area as a result of section 61F of the principal Act (whether or not as applied by section 38C of this Act).”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment reproduces some of the provision in Schedule 7 of the Levelling-up and Regeneration Act 2023 , not currently in force, creating a power for local councils to produce a neighbourhood priorities statement to inform plan-making and infrastructure provision affecting their neighbourhood.

Opposition Amendment 194

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was NOT MOVED

After Clause 94, insert the following new Clause—
“Development corporations: green spaces
A development corporation must provide or facilitate the provision of—
(a) green spaces, including private gardens, balconies, and community gardens;
(b) the care and maintenance of the green spaces provided for under this section.”

Type: Opposition

Signatures: 3

Baroness Grender (LD - Life peer) - 27 Jun 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Baroness Bennett of Manor Castle (Green - Life peer) - 27 Jun 2025
Lord Carlile of Berriew (XB - Life peer) - 27 Jun 2025

Member's explanatory statement

This new clause would ensure development corporations include provision for green spaces in new developments.

Amendment 156

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Strategic flood risk assessment maps
Local planning authorities must ensure that the maps included in their Strategic Flood Risk Assessments are based on the most up-to-date flood risk assessments provided by the Environment Agency.”

Type: Backbencher

Signatures: 2

Baroness McIntosh of Pickering (Con - Life peer) - 26 Jun 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 26 Jun 2025

Member's explanatory statement

Strategic Flood Risk Assessments ensure that planning decisions take into account risks from all sources of flooding. Placing a duty on local planning authorities to keep Strategic Flood Risk Assessments up to date will ensure that they can reliably inform the development of local plans and incorporate the latest information from the Environment Agency’s new National Flood Risk Assessment.

Amendment 195

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

Clause 95, page 123, line 33, at end insert—
“(ba) to undertake modelling and simulation (to Building Information Management Level 3 standards) to demonstrate the effect of activities carried out under paragraph (b).”

Type: Backbencher

Signatures: 3

Baroness Miller of Chilthorne Domer (LD - Life peer) - 26 Jun 2025
Lord Lucas (Con - Excepted Hereditary) - 26 Jun 2025
Viscount Hanworth (Lab - Excepted Hereditary) - 26 Jun 2025

Member's explanatory statement

This amendment outlines the enhanced responsibilities of New Town Development Corporations in England to utilise modelling and simulation technologies in accordance with Building information Modelling Level 3 standards.

Amendment 135

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Planning permission for self-build and custom housebuilding
(1) The Secretary of State must amend the Self-build and Custom Housebuilding Regulations 2016 (2016/950) as follows.
(2) After Regulation 3 (definition of a serviced plot of land), insert—
“3A. (1)For the purposes of section 2A(2) and (5) of the Act (Duty to grant planning permission etc), only the following development permissions may be considered to meet the demand for the carrying out of self-build and custom housebuilding in the planning authority’s area arising in each base period—
(a) planning permission (as defined by section 58(1)(b) (granting of planning permission: general) and section 70 (determination of applications: general considerations) of the Town and Country Planning Act 1990 (“the 1990 Act”)) which is—
(i) subject to a planning conditions restricting either the whole of or a specified number of units within the proposed development to self-build and custom housebuilding;
(ii) subject to an obligation under section 106 of the 1990 Act (planning obligations), restricting either the whole of or a specified number of units within the proposed development to self-build and custom housebuilding;
(b) permission in principle (as defined by section 58A of 1990 Act (permission in principle: general), where the description of the proposed development is for self-build and custom housebuilding.
(2) For the purposes of this Regulation, self-build and custom housebuilding has the same meaning as in section 1(A1) and (A2) of the Act (Registers of persons seeking to acquire land to build a home).”.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment 135A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Planning decisions: consideration of an EDP
In section 70(2)(aa) of the Town and Country Planning Act 1990 (determination of applications: general considerations) at end insert—
“(ab) any Environmental Delivery Plan made under the Planning and Infrastructure Act 2025, so far as material to the application,””

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that when making a planning decision, the local planning authority must take into account any EDP applying to the land question.

Opposition Amendment 195A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 95, page 123, line 36, leave out “and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the scope of the general power for a development corporation to “do anything necessary” for the purposes, or incidental purposes, of the new town, and to consider whether such a broad provision is proportionate, clearly defined, and subject to appropriate safeguards.

Opposition Amendment 157

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Identification and protection of green belt
(1) Within two years of the passing of this Act, a local planning authority must identify land within its area which it is necessary to protect from development.
(2) It is necessary to protect land from development under subsection (1) if such protection would—
(a) limit the expansion of large built-up areas;
(b) prevent neighbouring towns merging into one another;
(c) preserve the setting and special character of historic towns;
(d) encourage the development of previously-developed land in urban areas.
(3) A local planning authority may designate as green belt any land identified under subsection (1) as necessary to protect, including undeveloped land within, and green wedges of land that extend into, built up areas.
(4) A local planning authority must prevent any development of land designated as green belt under this section for a minimum period of 20 years starting on the day on which it is so designated.”

Type: Opposition

Signatures: 2

Baroness Grender (LD - Life peer) - 27 Jun 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Baroness Bennett of Manor Castle (Green - Life peer) - 30 Jun 2025

Member's explanatory statement

This new clause would ensure that a local planning authority can identify land which it deems necessary to protect from development.

Amendment 196

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

Clause 95, page 124, line 2, at end insert—
“(ii) after paragraph (c) insert—
“(ca) to undertake modelling and simulation (to Building Information Management level 3 standards) to demonstrate the effect of activities carried out under paragraph (b) and (c);””

Type: Backbencher

Signatures: 3

Baroness Miller of Chilthorne Domer (LD - Life peer) - 26 Jun 2025
Lord Lucas (Con - Excepted Hereditary) - 26 Jun 2025
Viscount Hanworth (Lab - Excepted Hereditary) - 26 Jun 2025

Member's explanatory statement

This amendment outlines the enhanced responsibilities of New Town Development Corporations in Wales to utilise modelling and simulation technologies in accordance with Building Information Modelling Level 3 standards.

Amendment 158

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Planning: duty of candour
After section 8A of the Town and Country Planning Act 1990 (The Homes and Communities Agency) insert—
“8B Planning: duty of candour
(1) A local planning authority who have the function of plan-making and determining applications for planning permission or permission in principle shall, in its interactions with applicants and those who make representations in connection to such applications, operate with a duty of candour.
(2) A local planning authority operates with a duty of candour where—
(a) in general, it acts in an open and transparent way with respect to its decision-making process in preparing and approving the development plan for its area;
(b) in general, it acts in an open and transparent way with respect to its decision-making process in determining whether a planning application should be approved, and in making determinations in connection with the approvals process of such applications;
(c) where it has made a decision, including with respect to the approval or otherwise of a planning application, the acceptance or otherwise of submissions or representations with respect to a planning application, or in connection with other activities inherent in the processing of a planning application, it outlines the reasoning for that decision in a way that is—
(i) publicly accessible,
(ii) written in clear language,
(iii) consistent with the Nolan Principles on Standards in Public Life, and
(iv) in accordance with national planning policy guidance.
(3) An officer of a local planning authority shall, in their interactions with elected members of the authority, operate with a duty of candour in respect of their professional obligations.
(4) An officer of a local planning authority operates with a duty of candour where they explain, clearly, accurately and in accessible language, what the rights and duties of the local planning authority are in respect of any application, potential application or development plan matter, regardless of the policies or preferences of the elected member concerned.””

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 01 Jul 2025

Opposition Amendment 135B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Flood risk mitigation: planning permission
When considering an application for development consent, a local planning authority has a duty to consider whether any development of the land for which consent is sought could have the effect of increasing flood risk, or reducing flood mitigation, to any neighbouring land or development.”

Type: Opposition

Signatures: 1

Baroness Grender (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This new clause ensures that local planning authorities consider the effect a new development could have on flood risk and reducing flood mitigation for both the development and its neighbouring land during an application for development consent.

Opposition Amendment 135C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Obligation on developers to consider climate and flood resilience
(1) No local planning authority may approve an application for development unless it is satisfied that the applicant has considered how the development would contribute to—
(a) the UK’s climate resilience, and
(b) flood resilience in the area surrounding the development.
(2) The Secretary of State must, 12 months after the day on which this Act is passed and annually thereafter, publish a review of the extent to which applications approved in the previous 12 months would contribute to the aims set out in subsection (1).”

Type: Opposition

Signatures: 1

Baroness Grender (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This new clause ensures that local planning authorities consider the UK’s climate resilience and flood resilience when approving development applications. It also ensures the Secretary of State publishes a review of the extent to applications approved by local planning authorities have contributed to those aims every 12 months.

Amendment 197

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 95, page 124, line 36, at end insert—
“(4A) After section 10(2), insert—
“(2A) Where a development corporation is proposing large scale housing and transport schemes, they must benefit automatically from the removal of hope value from the valuation of the relevant land without any requirement for an express direction.
(2B) Land purchases by development corporations under these provisions must not be regarded as public sector investments to be counted against departmental expenditure limits.””

Type: Backbencher

Signatures: 1

Lord Liddle (Lab - Life peer) - 03 Jul 2025

Amendment 159

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Urban land readjustment schemes: enabling power
(1) The Secretary of State may by regulations made by statutory instrument make provision for the establishment and operation in England of land readjustment schemes designed to facilitate the comprehensive redevelopment or densification of urban land where fragmented ownership is an impediment to efficient use.
(2) Regulations under subsection (1) may be made only where the Secretary of State is satisfied that such provision is necessary—
(a) to secure the effective use of land for housing, economic development or associated infrastructure, and
(b) to do so in a manner consistent with the public interest and with the protection of owners’ property rights.
(3) Regulations under this section may—
(a) specify the circumstances and areas in which a land readjustment scheme may be proposed;
(b) set participation thresholds or voting requirements for the approval of a scheme;
(c) confer powers and duties on a scheme body—which may be a local authority, a development corporation or another body corporate—to prepare, submit and implement a scheme;
(d) provide for the pooling, re-plotting and redistribution of land, and for the apportionment of any increase or decrease in value, together with provision for consideration or compensation where appropriate;
(e) apply, disapply or modify enactments relating to planning, compulsory purchase, highways, land registration or environmental assessment so far as necessary for the purposes of a scheme;
(f) make provision for the resolution of disputes (including reference to the Upper Tribunal (Lands Chamber));
(g) require the preparation and publication of viability assessments, progress reports or other information;
(h) make consequential, supplementary, incidental, transitional or saving provision, including provision amending or repealing any enactment.
(4) Before making regulations under this section the Secretary of State must consult—
(a) representatives of local government,
(b) HM Land Registry,
(c) professional bodies representing surveyors and valuers,
(d) organisations representing owners and occupiers of urban land, and
(e) any such other persons as the Secretary of State considers appropriate.
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(6) In this section—
“land readjustment scheme” means a scheme under which urban land held in multiple ownerships is pooled, re-plotted and redistributed, with or without the compulsory transfer of land or rights, for the purpose of comprehensive redevelopment or densification;
“scheme body” has the meaning given by regulations under subsection (3)(c).”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 30 Jun 2025

Member's explanatory statement

This new Clause inserts an enabling power—subject to consultation and the affirmative resolution procedure—allowing the Secretary of State to introduce land readjustment schemes in England. Such schemes would permit fragmented urban sites to be pooled and replotted by broad agreement of owners, thereby unlocking regeneration and higher-density development, with detailed safeguards set out in secondary legislation.

Amendment 198

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

Clause 95, page 125, line 10, at end insert—
“(ba) undertake modelling and simulation (to Building Information Management Level 3 standards) to demonstrate the effect of activities carried out under paragraph (b).”

Type: Backbencher

Signatures: 3

Baroness Miller of Chilthorne Domer (LD - Life peer) - 26 Jun 2025
Lord Lucas (Con - Excepted Hereditary) - 26 Jun 2025
Viscount Hanworth (Lab - Excepted Hereditary) - 26 Jun 2025

Member's explanatory statement

This amendment outlines the enhanced responsibilities of urban development corporations to utilise modelling and simulation technologies in accordance with Building Information Modelling Level 3 standards.

Amendment 162

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Chief planner
(1) The Town and Country Planning Act 1990 is amended as follows.
(2) After section 1, insert—
“1A Local planning authorities: chief planner
(1) Each local planning authority must appoint an officer, to be known as chief planner, for the purposes of their functions as a local planning authority.
(2) Two or more local planning authorities may, if they consider that the same person can efficiently discharge, for both or all of the planning authorities, the functions of chief planner, concur in the same appointment of a person as chief planner for both or all of these authorities.
(3) A local planning authority may not appoint a person as chief planner unless satisfied that the person has appropriate qualifications and experience for the role.””

Type: Backbencher

Signatures: 5

Lord Lansley (Con - Life peer) - 03 Jul 2025
Lord Shipley (LD - Life peer) - 03 Jul 2025
Lord Best (XB - Life peer) - 03 Jul 2025
Baroness Parminter (LD - Life peer) - 07 Jul 2025
Baroness Young of Old Scone (Lab - Life peer) - 07 Jul 2025

Member's explanatory statement

This amendment would provide for local planning authorities to appoint a Chief Planner, who could be appointed jointly by one or more authorities, to secure that decisions, including those delegated to officers, are made with professional leadership.

Amendment 135D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Planning (Hazardous Substances) Act 1990: legal challenges
(1) In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (cc) (as inserted by section (Planning (Listed Buildings and Conservation Areas) Act 1990: legal challenges) of this Act) insert—
“(cd) from a refusal of permission to apply for judicial review in a case within section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”
(2) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—
(a) provision requiring an application for permission to apply for judicial review in a case within section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications) to be decided at an oral hearing;
(b) provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.”

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause restricts appeals to the Court of Appeal if the High Court decides that an application for judicial review against a decision under the Planning (Hazardous Substances) Act 1990 is totally without merit.

Opposition Amendment 135E

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Meetings of local planning authorities to be available for participation online
(1) This section applies to any meeting of a local authority held to discharge the authority’s planning functions, including a committee or a sub-committee of the authority held under section 101(1)(a) of the Local Government Act 1972 (a “planning meeting”).
(2) A local authority must make arrangements for the proceedings of a planning meeting to be available over the internet both in real time and for five years after the meeting, and those arrangements must include the ability for members of the public observing a planning meeting over the internet in real time to address the meeting where permitted by the person chairing the meeting.
(3) Subsection (2) applies despite any prohibition or other restriction contained in the standing orders or any other rules of the authority governing a planning meeting and any such prohibition or restriction has no effect.
(4) A local authority may make standing orders and any other rules governing participation by a member of the public in a planning meeting over the internet, which may include provision for access to documents.”

Type: Opposition

Signatures: 1

Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Member's explanatory statement

This new clause would require local planning authorities to make their meetings available for observation and participation online.

Amendment 164

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Local planning authority duty: statutory environment and climate change targets
In the exercise of any of its planning or development functions, a local planning authority must take all reasonable steps to contribute to—
(a) the achievement of targets in sections 1 to 3 of the Environment Act 2021,
(b) the achievement of targets set under Part 1 of the Climate Change Act 2008,
(c) the programme for adaptation to climate change under section 58 of the Climate Change Act 2008, and
(d) the achievement of targets set under the Air Quality Standards Regulations 2010.”

Type: Backbencher

Signatures: 5

Baroness Parminter (LD - Life peer) - 03 Jul 2025
Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Lord Krebs (XB - Life peer) - 03 Jul 2025
Lord Addington (LD - Excepted Hereditary) - 07 Jul 2025

Member's explanatory statement

This new clause would impose a duty on local authorities to take reasonable steps to contribute to Environment Act and Climate Change Act targets.

Amendment 199

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

Clause 95, page 126, line 13, at end insert—
“(11A) In section 206(4) (powers in relation to land), after paragraph (b) insert—
(ba) modelling and simulation (to Building Information Management Level 3) of standards to demonstrate the effect of activities carried out under paragraph (b).””

Type: Backbencher

Signatures: 3

Baroness Miller of Chilthorne Domer (LD - Life peer) - 26 Jun 2025
Lord Lucas (Con - Excepted Hereditary) - 26 Jun 2025
Viscount Hanworth (Lab - Excepted Hereditary) - 26 Jun 2025

Member's explanatory statement

This amendment outlines the enhanced responsibilities of mayoral development corporations to utilise modelling and simulation technologies in accordance with Building Information Modelling Level 3 standards.

Amendment 165

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Preservation of playing fields and pitches
(1) A local planning authority must, when exercising any of its functions, ensure the preservation of playing fields and playing pitches.
(2) The duty in subsection (1) may, when granting permission for development, be met through the imposition of conditions or requirements relating to—
(a) the protection of playing fields or playing pitches affected by the development, or
(b) the provision of alternative, additional or expanded playing fields or playing pitches.
(3) For the purposes of this section, “playing fields” and “playing pitches” have the same meanings as in the Town and Country Planning (Development Management Procedure) (England) Order 2010.”

Type: Backbencher

Signatures: 4

Lord Addington (LD - Excepted Hereditary) - 03 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Lord Moynihan (Con - Excepted Hereditary) - 03 Jul 2025
Baroness Sater (Con - Life peer) - 03 Jul 2025

Amendment 135F

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Planning permission: biodiversity information
(1) The Secretary of State may, by regulations, set out—
(a) the circumstances in which an application for planning permission made to a local planning authority under the rules of that planning authority may be required to be accompanied by specified biodiversity information for the area in which planning permission is requested from specified organisations;
(b) those organisations from which information must be obtained pursuant to paragraph (a), and what fees those organisations may charge for the collection and retrieval of that information;
(c) what flora, fauna or other biodiversity information that must encompass;
(d) that any biodiversity information obtained while making an application for planning permission or for any connected purpose must be contributed at no cost to specified organisations;
(e) those organisations to which biodiversity information must be contributed pursuant to paragraph (d).”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Amendment 135G

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Planning decisions to be taken within a set time
The Secretary of State may, in respect of any process or procedure forming part of the process of obtaining planning consent, require that this process or procedure be completed within a specified time, and should that not be the case may then require that consent be deemed as given.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

The aim of this amendment is to allow the Secretary of State to speed up the planning process where this is justified.

Amendment 167

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Neighbourhood development orders and national planning policy
For Schedule 4B, paragraph 8(2)(a) of the Town and Country Planning Act 1990, substitute—
“(a) the order is consistent with national planning policy,””

Type: Backbencher

Signatures: 1

Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment requires new neighbourhood plans not merely to have regard to the National Planning Policy Framework and Planning Practice Guidance, but to be consistent with it, so as to avoid neighbourhood plans undermining national planning policy.

Amendment 155

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Local plans and planning applications: flooding
(1) Local plans prepared by local authorities must apply a sequential, risk-based approach to the location of development, taking into account all sources of flood risk and the current and future impacts of climate change, so as to avoid, where possible, flood risk to people and property.
(2) Local authorities must fulfil their obligations under subsection (1) by—
(a) applying the sequential test and then, if necessary, the exception test under subsection (7);
(b) safeguarding land from development that is required, or likely to be required, for current or future flood management;
(c) using opportunities provided by new development and improvements in green and other infrastructure to reduce the causes and impacts of flooding, (making as much use as possible of natural flood management techniques as part of an integrated approach to flood risk management);
(d) where climate change is expected to increase flood risk so that some existing development may not be sustainable in the long-term, seeking opportunities to relocate development, including housing, to more sustainable locations.
(3) A sequential risk-based approach should also be taken to individual planning applications in areas known to be at risk now or in future from any form of flooding.
(4) The sequential test must be used in areas known to be at risk now or in the future from any form of flooding, except in situations where a site-specific flood risk assessment demonstrates that no built development within the site boundary, including access or escape routes, land raising or other potentially vulnerable elements, would be located on an area that would be at risk of flooding from any source, now and in the future (having regard to potential changes in flood risk).
(5) Applications for some minor development and changes of use should not be subject to the sequential test, nor the exception test, but should still meet the requirements for site-specific flood risk assessments.
(6) Having applied the sequential test, if it is not possible for development to be located in areas with a lower risk of flooding (taking into account wider sustainable development objectives), the exception test may have to be applied.
(7) To pass the exception test it should be demonstrated that—
(a) the development would provide wider sustainability benefits to the community that outweigh the flood risk, and
(b) the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.
(8) Where planning applications come forward on sites allocated in the development plan through the sequential test, applicants need not apply the sequential test again, but the exception test may need to be reapplied if relevant aspects of the proposal had not been considered when the test was applied at the plan-making stage, or if more recent information about existing or potential flood risk should be taken into account.
(9) When determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere.
(10) Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable) it can be demonstrated that—
(a) within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location;
(b) the development is appropriately flood resistant and resilient such that, in the event of a flood, it could be quickly brought back into use without significant refurbishment;
(c) it incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate;
(d) any residual risk can be safely managed;
(e) safe access and escape routes are included where appropriate, as part of an agreed emergency plan.”

Type: Backbencher

Signatures: 2

Baroness McIntosh of Pickering (Con - Life peer) - 26 Jun 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 26 Jun 2025

Member's explanatory statement

The Sequential and Exception Tests are planning tools that help (a) ensure new development is directed away from areas at the highest risk of flooding and (b) make development that is necessary in areas of flood risk safe throughout its lifetime, without increasing flood risk elsewhere. However, these tests are currently only guidance. A statutory basis would help ensure that Local Planning Authorities place due regard on them when preparing Local Plans and considering individual planning applications.

Amendment 135H

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Type approval for modular construction of buildings
(1) The Secretary of State may appoint the Buildoffsite Property Assurance Scheme, or another organisation, to give type approval to designs for the modular construction of buildings.
(2) Any type approval granted under subsection (1) must confirm that the design meets all current regulations, and describe how.
(3) A type approval certificate issued under this section serves as complete evidence for a local planning authority or other body that the design complies with current regulations.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 01 Jul 2025

Member's explanatory statement

The aim of this amendment is to speed up the grant of planning permission for buildings that are created off site to a predetermined specification, and then assembled on site.

Government Amendment 200

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was AGREED

Clause 96, page 127, line 18, at end insert—
“(6A) The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 9B (transfer schemes: general provisions)).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment to clause 96, leaving out lines 33 to 38 of page 127.

Government Amendment 201

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was AGREED

Clause 96, page 127, leave out lines 33 to 38 and insert—
“Transfer schemes: general
9B Transfer schemes under sections 1 and 9A: general provisions
(1) In this section “transfer scheme” means a scheme under section 1(3ZD) or 9A(6A).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

The effect of this amendment would be to extend the provision about transfer schemes, drafted to cover schemes under new section 9A of the New Towns Act 1981 (transfer of transport functions) to schemes under section 1(3ZD) (transfer schemes in case of overlapping development corporation areas), inserted by my amendment inserting a new clause after clause 93.

Amendment 160

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“National Spatial Framework
(1) There is to be a spatial plan for England to be known as the “National Spatial Framework”.
(2) The National Spatial Framework is to set out the Secretary of State’s policies and proposals for the development and use of land in England.
(3) The National Spatial Framework must contain—
(a) a strategy for England’s spatial development,
(b) a statement of what the Secretary of State considers to be priorities for that development,
(c) a statement about how the Secretary of State considers that development will contribute to each of the outcomes listed in subsection (4),
(d) targets for the use of land in different areas of England for housing, social and economic infrastructure, and
(e) an assessment of the likely impact of that development on the mitigation of and adaptation to climate change.
(4) The outcomes are—
(a) meeting the housing needs of people living in England,
(b) improving the health and wellbeing of people living in England,
(c) reducing inequality and eliminating discrimination,
(d) achieving the transition to the generation of predominantly clean energy,
(e) meeting any targets relating to the mitigation of and adaptation to climate change, and
(f) securing positive effects for biodiversity.
(5) The National Spatial Framework may—
(a) contain an account of such matters as the Secretary of State considers affect, or may come to affect, the development and use of land,
(b) describe—
(i) a development and designate it, or
(ii) a class of development and designate each development within that class, a “national development”, and
(c) contain any other matter which the Secretary of State considers it appropriate to include.
(6) If the National Spatial Framework contains a designation under subsection (5)(b), the framework—
(a) must have regard to any national infrastructure strategy published by His Majesty’s Government and include a statement setting out the ways the strategy has been taken into account in preparing the framework,
(b) must contain a statement by the Secretary of State of the reasons for considering that there is a need for the national development in question, and
(c) may contain a statement by the Secretary of State as regards other matters pertaining to that designation.
(7) This section does not prevent the Secretary of State from setting out policies or proposals that relate to the development or use of land outwith the National Spatial Framework.
(8) The Secretary of State must keep the National Spatial Framework under review and in any event, must—
(a) review the framework no later than 10 years from the date on which the framework was last published,
(b) thereafter, review the framework at least once in every period of 10 years, and
(c) following each such review, prepare a revised framework or publish an explanation of why the Secretary of State has decided not to revise it.
(9) In this section, “biodiversity” has the same meaning as “biological diversity” in the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or in any United Nations Convention replacing that Convention).”

Type: Backbencher

Signatures: 2

Lord Shipley (LD - Life peer) - 03 Jul 2025
Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause would require the Secretary of State to prepare and keep under review a National Spatial Framework for England.

Amendment 135HZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Local planning authorities: meetings
(1) The Secretary of State may, by regulations made by statutory instrument, establish arrangements where, in circumstances specified in those regulations, a planning meeting is not limited to a meeting of persons who are all present in the same place.
(2) This section applies to any meeting of a local authority held to discharge the authority’s planning functions, including a committee or a sub-committee of the authority held under section 101(1)(a) of the Local Government Act 1972 (a “planning meeting”).
(3) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to make provision for the authorisation of hybrid planning meetings for planning authorities.

Opposition Amendment 135HZB

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Use of hotels as accommodation for asylum seekers: requirement for planning permission
(1) Section 55 of the Town and Country Planning Act 1990 (meaning of “development” and “new development”) is amended as follows.
(2) After subsection (1), insert—
“(1ZA) For the purposes of this section, “the making of any material change in the use of any buildings or other land” includes—
(a) the repurposing of a hotel as accommodation for asylum seekers, and
(b) where a hotel has already been repurposed as accommodation for asylum seekers, the continuation of its use as such accommodation beyond the date on which the Planning and Infrastructure Act 2025 comes into force.”
(3) At the end of subsection (2)(f), insert “unless the building is a hotel proposed for use as accommodation for asylum seekers”.
(4) After section 106C of that Act insert—
“106D Use of hotels as accommodation for asylum seekers
Any existing or future development order under Part 3 of this Act does not have the effect of granting planning permission for the use of a hotel as accommodation for asylum seekers.”.”

Type: Opposition

Signatures: 1

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Member's explanatory statement

This amendment aims to ensure that an application for planning permission is required in all cases of repurposing of a hotel as accommodation for asylum seekers, together with the associated requirement for consultation of affected local communities.

Amendment 161

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Definition of “relevant plan” in the Levelling-up and Regeneration Act 2023
In section 100 of the Levelling-up and Regeneration Act 2023, after subsection (5)(d), insert—
“(e) spatial development strategies under the Planning and Infrastructure Act 2025, and
(f) neighbourhood development plans strategies under the Planning and Infrastructure Act 2025.”.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would add spatial development strategies (as in Clause 52) and Neighbourhood Plans to be added to the list of relevant plans in section 100 of LURA, which gives a power to require assistance with plan-making from other public bodies; in conjunction with another amendment in Lord Lansley’s name to commence section 100.

Government Amendment 202

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was AGREED

Clause 96, page 129, line 28, at end insert—
“(7A) The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 140B (transfer schemes: general provisions)).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

This amendment is consequential on my amendment to clause 96, leaving out lines 1 to 6 of page 130.

Government Amendment 203

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was AGREED

Clause 96, page 130, leave out lines 1 to 6 and insert—
“Transfer schemes: general
140B Transfer schemes under sections 134 and 140A: general provisions
(1) In this section “transfer scheme” means a scheme under section 134(1G) or 140A(7A).”

Type: Government

Signatures: 1

Baroness Taylor of Stevenage (Lab - Life peer) - 03 Jul 2025

Baroness in Waiting (HM Household) (Whip)

Member's explanatory statement

The effect of this amendment would be to extend the provision about transfer schemes, drafted to cover schemes under new section 140A of the Local Government, Planning and Land Act 1980 (transfer of transport functions) to schemes under section 134(1G) (transfer schemes in case of overlapping development corporation areas), inserted by my amendment inserting a new clause after clause 93.

Amendment 163

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Commencement of sections 98 and 100 of the Levelling-up and Regeneration Act 2023
The Secretary of State must, by regulations under section 255(3)(b) of the Levelling-up and Regeneration Act 2023, bring sections 98 and 100 of the Levelling-up and Regeneration Act 2023 into force on the day on which this Act is passed.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require the Secretary of State to bring into force the provisions in the Levelling-up and Regeneration Act 2023 on the contents of a neighbourhood development plan (section 98) and the power to require assistance with plan-making (section 100).

Opposition Amendment 135HZC

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Use of houses in multiple occupation as accommodation for asylum seekers: requirement for planning permission
(1) Section 55 of the Town and Country Planning Act 1990 (meaning of “development” and “new development”) is amended as follows.
(2) After subsection (1), insert—
“(1ZA) For the purposes of this section, “the making of any material change in the use of any buildings or other land” includes—
(a) the repurposing of a house in multiple occupation as accommodation for asylum seekers, and
(b) where a house in multiple occupation has already been repurposed as accommodation for asylum seekers, the continuation of its use as such accommodation beyond the date on which the Planning and Infrastructure Act 2025 comes into force.”
(3) At the end of subsection (2)(f), insert “unless the building is proposed for use as a house in multiple occupation as accommodation for asylum seekers”.
(4) After section 106C of that Act insert—
“106D Use of houses in multiple occupation as accommodation for asylum seekers
Any existing or future development order under Part 3 of this Act does not have the effect of granting planning permission for the use of a house in multiple occupation as accommodation for asylum seekers.”.”

Type: Opposition

Signatures: 1

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Member's explanatory statement

This amendment aims to ensure that an application for planning permission is required in all cases of repurposing a house in multiple occupation as accommodation for asylum seekers, together with the associated requirement for consultation of affected local communities.

Opposition Amendment 135HZD

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Stop notices: disapplication of time limit in asylum hotel and asylum HMO cases
In section 183 of the Town and Country Planning Act 1990 (stop notices), after subsection (5A) insert—
“(5B) Subsection (5) does not prevent a stop notice prohibiting the use of—
(a) a hotel as accommodation for asylum seekers, or
(b) a house in multiple occupation as accommodation for asylum seekers.”.”

Type: Opposition

Signatures: 1

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Member's explanatory statement

This amendment removes the four year time limit for stop notices under section 183 of the Town and Country Planning Act 1990 for cases involving the use of hotels or houses in multiple occupation by asylum seekers.

Amendment 166

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Principle of proportionality in planning
(1) The principle of proportionality in planning shall apply to—
(a) applications for any permission, consent, or other approval within the scope of the Planning Acts, including the supporting evidence base,
(b) environmental impact assessment and habitats assessment,
(c) the exercise of any functions within the scope of the Planning Acts, including but not limited to procedural and substantive decision-making (by local planning authorities, the Planning Inspectorate and the Secretary of State), and the preparation and provision of consultation responses (by statutory and non-statutory consultees), and
(d) the determination by the Courts of claims for judicial and statutory review.
(2) Applications for any permission, consent or other approval within the scope of the Planning Acts, and appeals against the refusal or non-determination of such applications, must be determined in accordance with the principle of proportionality in planning.
(3) So far as it is possible to do so, the Planning Acts and any secondary legislation enacted pursuant to them must be read and given effect in a way which is compatible with the principle of proportionality in planning.
(4) The principle of proportionality in planning means that the nature and extent of information and evidence required to inform the determination of any permission, consent, or other approval within the scope of the Planning Acts shall be proportionate to the issues requiring determination, having regard to decisions already made (whether in the plan-making or development control context) and the extent to which those issues will or can be made subject to future regulation (whether by way of planning conditions and obligations, or other regulation whether or not pursuant to the Planning Acts).
(5) The Secretary of State may publish guidance on how the principle of proportionality in planning is to be applied.
(6) The principle of proportionality in planning must not be interpreted as affecting existing requirements for local planning authorities to justify the refusal or withholding of planning permission.
(7) In this section the term “Planning Acts” includes all primary legislation relating to planning prevailing at the time of the relevant application, decision or exercise of functions, including—
(a) the Town and Country Planning Act 1990,
(b) the Planning (Listed Buildings and Conservation Areas) Act 1990,
(c) the Planning and Compulsory Purchase Act 2004,
(d) the Planning Act 2008,
(e) the Localism Act 2011,
(f) the Housing and Planning Act 2016,
(g) the Levelling Up and Regeneration Act 2023,
(h) the Planning and Infrastructure Act 2025,
(i) any secondary legislation relating to environmental impact assessment or habitats assessment, and
(j) any other legislation relating to planning prevailing at the time of the relevant application, decision or exercise of functions.”

Type: Backbencher

Signatures: 1

Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment introduces a principle of proportionality in planning to give decision-makers, applicants, consultees and the Courts confidence that less can be more, so as to facilitate more focused decision-making and more effective public participation.

Amendment 206

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 96, insert the following new Clause—
“Development Corporations: access to green and blue spaces
A Development Corporation must take all reasonable steps to ensure—
(a) access to and care of—
(i) high quality green spaces within 15 minutes’ walk of homes;
(ii) blue spaces, with such spaces to be designed into new development;
(b) accessible community land for growing;
(c) street trees and greenery to provide shading in all new developments.”

Type: Backbencher

Signatures: 4

Baroness Willis of Summertown (XB - Life peer) - 03 Jul 2025
Lord Crisp (XB - Life peer) - 03 Jul 2025
Baroness Sheehan (LD - Life peer) - 03 Jul 2025
Baroness Boycott (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

The purpose of this amendment is to provide for the delivery of green and blue spaces, areas of community land for growing and street trees and greenery by Development Corporations. This would ensure that new town development delivers climate and nature resilient healthy places.

Amendment 168

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Duration of planning permission
In section 91 of the Town and Country Planning Act 1990 (general condition limiting duration of planning permission), after subsection (5) insert—
“(6) When a grant of planning permission is challenged by way of judicial review or under Part XII of this Act (validity), the deadline for development to be commenced shall be extended by a period commensurate with the period beginning with the date on which the proceedings were issued by the Court and ending with the date of the final determination of the proceedings (including any appeals).””

Type: Backbencher

Signatures: 1

Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment stops the clock for the purposes of the time limit for development to be commenced when the relevant planning permission is subject to judicial or statutory review, thus avoiding the risk of a planning permission being timed out by protracted legal challenge, and to avoid the prospect of that risk being an incentive for meritless legal challenges.

Opposition Amendment 135HZE

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Planning decisions: determination by committee
When objections to a planning application are submitted to a local planning authority and its chair of the planning committee and the head of planning (or those in equivalent roles) confirm that the objections are on valid grounds, they may allow that planning application to be determined by committee.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment aims to enable local democracy in the determination of planning applications provided they are on valid planning ground.

Amendment 206A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 96, insert the following new Clause—
“Mayoral development corporations for planning and development purposes
Schedule (Mayoral Development Corporations for planning and development purposes: amendment of the Localism Act 2011) provides for mayoral development corporations to be established within the areas of mayoral combined authorities and mayoral CCAs.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Amendment 169

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Relationship between overlapping permissions
After section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out), insert—
“73AA Relationship between overlapping permissions
(1) Where there is more than one planning permission which relates to some or all of the same land, the lawfulness of both past and future development carried out pursuant to one of those planning permissions shall be unaffected by the carrying out of development pursuant to another of those planning permissions, except to the extent expressly stated in any of those permissions or in any obligation under section 106 of this Act (planning obligations) related to any of those permissions.
(2) Subsection (1) applies only where one of the relevant planning permissions was granted after the day on which the Planning and Infrastructure Act 2025 is passed.
(3) In this section “planning permission” means—
(a) a planning permission under Part 3 of this Act, and
(b) a planning permission granted by article 3 (permitted development) of the Town and Country Planning (General Permitted Development) Order 2015 (S.I. 2015/596).””
.

Type: Backbencher

Signatures: 1

Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment addresses the potentially deleterious implications of the Supreme Court’s judgment in the Hillside Parks case.

Amendment 207

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 98, page 134, line 23, at end insert—
“(A1) In section 7 of the Acquisition of Land Act 1981, after the definition of “local authority” insert—
““local news publisher” has the meaning prescribed to it in Schedule 2ZA.”
(A2) After Schedule 2 of the Acquisition of Land Act 1981, insert—
“Schedule 2ZA
LOCAL NEWS PUBLISHERS
Definition of local news publisher
1 The term “local news publisher” means—
(a) a business that—
(i) has as its principal purpose the publication of original, local news content, where such material—
(A) concerns issues or events that are relevant in engaging the British public in public debate and in informing democratic decision-making,
(B) is reported and published in the United Kingdom,
(C) is published, online or in print, no less than once every 31 days, and
(D) is subject to editorial control,
(ii) is legally resident in the United Kingdom,
(iii) possesses at least one director who is legally resident in the United Kingdom,
(iv) employs on a salaried, freelance or voluntary basis at least one journalist,
(v) is not funded or operated by a government, political party or legislative institution,
(vi) is subject to a code of ethical standards—
(A) which is recognised in this schedule, and
(B) which is published or administered by an independent regulator,
(vii) has in place publicly available policies and procedures for handling complaints and resolving editorial inaccuracies and mistakes transparently, and that these policies and procedures are reasonably accessible to the public,
(viii) maintains editorial independence from political parties, organisations that engage in lobbying or advocacy, and advertisers, and
(ix) can demonstrate strong connections to the locality in which it operates.
2 It is not relevant to the definition whether publication of such material as described in paragraph 1(a)(i) is done so with a view to making profit.
3 Material is “subject to editorial control” under paragraph 1(a)(i)(D) if it meets the like definition set out in section 41(2) of the Crime and Courts Act 2013.
4 For the purposes of paragraph 1(a)(v), “government” means—
(a) the Government of the United Kingdom, or the government of the devolved nations, or local, municipal and regional governments within the United Kingdom, or any departments, agencies, corporations or subsidiary bodies thereof,
(b) the government of a foreign nation, whether recognised by the Government of the United Kingdom or otherwise, or any departments, agencies, corporations or subsidiary bodies thereof, or any devolved administrations, local, municipal or regional governments therein, or
(c) any other body or international movement holding itself out as the legitimate government of a foreign nation, and/or any departments, agencies, corporations or subsidiary bodies thereof.
5 For the purposes of paragraph 1(a)(v), “legislative institution” means—
(a) the Parliament of the United Kingdom, or a constituent house or committee thereof, or any officer thereof,
(b) the devolved legislatures of the devolved nations, or a constituent house or committee thereof,
(c) the legislative assembly of a local, regional or municipal authority, such as the London Assembly, or a constituent house or committee thereof, or any officer thereof, or
(d) the legislative assembly, local, regional, municipal or national, in or of a foreign nation as described in paragraphs 4(b) or (c).
6 Further to paragraph 1(a)(vi)(B), the following organisations are considered valid independent regulators for the purpose of recognition as a local news publisher—
(a) IMPRESS, and
(b) the Independent Press Standards Organisation (IPSO).
7 The Secretary of State may, by statutory instrument, amend paragraph 6 to add or remove organisations.
8 A statutory instrument containing regulations under paragraph 7 not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament
9 Any statutory instrument issued to effect the Secretary of State’s authority under paragraph 7 must—
(a) be laid before Parliament for 60 days before enactment, and
(b) in the event that an organisation is to be delisted, be published and transmitted to the organisation at issue in such a way as to entitle them to make representations to the contrary.
10 A local news publisher is advantaged in demonstrating strong connections to the locality in which it operates under paragraph 1(a)(ix) where it—
(a) is owned and operated by or within its community;
(b) can demonstrate a high level of local readership;
(c) employs a large number of locally resident journalists;
(d) can demonstrate a positive relationship with its readership.
11 Where an authority is required under this Act to publish a notice with a local news publisher, as in section 11(1)(a), it is required to give preference to local news publishers that—
(a) can demonstrate high local readership comparative to other local news publishers in its locality, or
(b) can demonstrate low financial burden to access for customers in its locality.””

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Opposition Amendment 135HZF

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Planning decisions: disapplication of committee requirement
Where—
(a) a council that is also the local planning authority makes a planning application, or
(b) a council employee or councillor makes a planning application,
and there are no objections to that application, it is not a requirement for it to be determined by committee.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment aims to remove a bureaucratic step in certain situations where there are no objections to a planning application.

Amendment 170

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Community infrastructure levy and section 106 obligations
(1) Within six months of the day on which this Act is passed, the Secretary of State must by regulations amend the legislation in subsection (2) to ensure that—
(a) local authorities publish annual data on the use of planning obligations under section 106 of the Town and Country Planning Act 1990 (planning obligations) and Community Infrastructure Levy (“CIL”) funds, including—
(i) the purpose of the planning obligation or CIL fund;
(ii) any amount of money committed under a planning obligation or CIL fund which is left unspent;
(iii) the reason for any unspent money;
(b) the Secretary of State has the power to require the local authority to undertake the planning obligation or works under a CIL, in the event that adequate efforts to do so have not been made;
(c) if the local authority has not spent the developer funds during an agreed timeline, then the local authority must contact the developer to explore joint working to deliver the agreed service or improvements.
(2) The legislation this section applies to are—
(a) the Town and Country Planning Act 1990,
(b) the Planning Act 2008, and
(c) the Community Infrastructure Levy Regulations 2010 (S.I. 2010/948).
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 2

Lord Gascoigne (Con - Life peer) - 03 Jul 2025
Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Amendment 208

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 98, page 134, line 27, after “order),” insert—
“(a) in subsection (1)(a) omit “newspapers” and insert “news publishers”;”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025
Baroness Wolf of Dulwich (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment, alongside another in the name of Lord Lucas, seeks to allow local councils to place public notices relating to planning and infrastructure with professional, regulated online news outlets, as well as printed newspapers, with the intention of ensuring that people in local communities who don’t read printed papers have access to this information.

Opposition Amendment 135HZG

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Planning decisions: prohibition on reconsideration
Where planning permission has already been approved and is current, decisions on subsequent planning applications on more detailed matters or outstanding items, whether by an officer or committee, cannot revisit those items which have already been determined in the existing permission.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment aims to reduce cost and potential delays in the planning system by making case law clear in legislation.

Opposition Amendment 135HZH

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Review of finality in the planning system
(1) The Secretary of State must, within 12 months of the day on which this Act is passed, undertake a review of the principle of finality in the planning system.
(2) The Secretary of State must publish a report of the review undertaken under subsection (1) within one week of its completion.
(3) The review must consider, in particular—
(a) cases where planning permission, whether in outline or in detail, has been granted and remains extant;
(b) whether subsequent applications in respect of the permissions referred to in paragraph (a) for approval of reserved matters, detailed design, or other outstanding items—
(i) should be determined without re-opening or revisiting issues already determined in the existing permission, whether by an officer or a committee, and
(ii) should be subject to procedural safeguards to ensure certainty for applicants and local communities;
(c) circumstances in which changes to national legislation or regulation require modifications to an existing approved planning permission in order to meet new legal or regulatory requirements;
(d) whether, in circumstances referred to in paragraph (c), those changes or modifications should be deemed to have planning permission in principle;
(e) the interaction of changes to national policy or law with the procedures for local plan preparation under Regulations 18 and 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (S.I. 2012/767), and the risk that councils may have to repeat consultation or publication stages despite having already progressed significantly towards plan examination.
(4) The report under subsection (2) must include recommendations for legislative or policy changes arising from the review.”

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This is a probing amendment intended to explore whether the planning system provides sufficient certainty once a permission is granted, how necessary changes prompted by new national legislation might be handled without re-litigation of settled matters, and whether clearer principles of finality could improve efficiency and reduce delay.

Amendment 209

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 98, page 134, line 31, at end insert—
“(za) in subsection (3)(a), omit “newspapers” and insert “news publishers””

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025
Baroness Wolf of Dulwich (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

Opposition Amendment 171

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Local planning authority discretion over affordability of housing
(1) The Secretary of State must, within six months of the passing of this Act, provide guidance to local planning authorities on how to define or classify new or prospective developments as affordable housing.
(2) The guidance must make clear that a local planning authority may, while having regard to national or general guidelines, determine what is to be understood to be affordable housing in its area based on local needs and circumstances.”

Type: Opposition

Signatures: 1

Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Member's explanatory statement

This new clause would enable local planning authorities to use their discretion to determine whether certain housing is to be “affordable housing”.

Amendment 172

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Conservation of the historic environment
(1) The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
(2) In sections 16(2), 66(1) and 66(2), for “preserving”, in each place in which it occurs, substitute “conserving or enhancing”.
(3) In section 72(1), for “preserving” substitute “conserving”.”

Type: Backbencher

Signatures: 4

Baroness Andrews (Lab - Life peer) - 03 Jul 2025
Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Baroness Scott of Needham Market (LD - Life peer) - 03 Jul 2025
Lord Cameron of Dillington (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment removes the fundamental inconsistency between heritage policy and heritage legislation by using the same terminology in both and safeguarding heritage by encouraging desirable change.

Amendment 209A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 103, page 142, line 41, at end insert “unless the person displaced can show that he did not deliberately allow the dwelling to fall into disrepair or to remain derelict and that his failure to take steps or action required by the notice or order served was due to that person’s poor health or other infirmity, or was due to his inability to afford the cost of the work required.”

Type: Backbencher

Signatures: 1

Lord Meston (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to mitigate the potentially harsh and punitive application of the proposed new section 32A of the 1973 Act when a dwelling is compulsorily acquired.

Amendment 135HZI

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 51, insert the following new Clause—
“Planning consents: reporting
The Secretary of State must publish quarterly, for each local planning authority, the number of planning consents granted where—
(a) building has not started;
(b) building has not been completed.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment 135HZJ

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 51, insert the following new Clause—
“Power to compel local authorities to revoke or modify building notices
In section 97 of TCPA 1990 (power to revoke or modify planning permission or permission in principle), after subsection (8) insert—
“(8A) The Secretary of State may direct a local planning authority to revoke or modify any permission in principle, to the extent that the local authority can do so under this section.””

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Opposition Amendment 209B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 105, page 147, line 8, at end insert—
“(za) in subsection (2), at end insert “unless the acquiring authority states that the whole of the land is being acquired for the purpose (or for the main purpose) of provision of sporting or recreational facilities in which case subsection (5) shall not apply.””

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment would enable hope value to be disregarded in calculating the compulsory purchase value of land, where it is being purchased for recreational facilities.

Amendment 173

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Duties of local authorities: assessment of accommodation needs of Gypsies and Travellers
(1) Every local housing authority must carry out an assessment of the accommodation needs of Gypsies and Travellers residing in or resorting to their district, for the purposes of informing local plans and planning strategies, including spatial development strategies.
(2) A local housing authority must have regard to any guidance issued under section (Assessment of accommodation needs of Gypsies and Travellers: guidance) in carrying out such an assessment as mentioned in subsection (1).
(3) In this section—
(a) “Gypsies and Travellers” has the meaning given by regulations made by the appropriate national authority;
(b) “accommodation needs” includes needs with respect to the provision of sites on which caravans can be stationed including those provided by local authorities or registered social landlords; and
(c) “caravan” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960.”

Type: Backbencher

Signatures: 4

Baroness Whitaker (Lab - Life peer) - 03 Jul 2025
Baroness Bakewell of Hardington Mandeville (LD - Life peer) - 03 Jul 2025
Lord Bourne of Aberystwyth (Con - Life peer) - 03 Jul 2025
Lord Bishop of Manchester (Bshp - Bishops) - 03 Jul 2025

Member's explanatory statement

This amendment, connected with others in the name of Baroness Whitaker, seeks to place a duty on local authorities to assess the accommodation needs of Gypsies and Travellers for the purposes of informing local plans and planning strategies, including spatial development strategies.

Amendment 174

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Assessment of accommodation needs of Gypsies and Travellers: guidance
(1) The appropriate national authority may issue guidance to local authorities regarding the carrying out of assessments under section (Duties of local authorities: assessment of accommodation needs of Gypsies and Travellers).
(2) Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay a draft of the proposed guidance or alterations before each House of Parliament.
(3) The Secretary of State must not give or revise the guidance before the end of the period of 40 days beginning with the day on which the draft is laid before each House of Parliament (or, if copies are laid before each House of Parliament on different days, the later of those days).
(4) The Secretary of State must not proceed with the proposed guidance or alterations if, within the period of 40 days mentioned in subsection (3), either House resolves that the guidance or alterations be withdrawn.
(5) Subsection (4) is without prejudice to the possibility of laying a further draft of the guidance or alterations before each House of Parliament.
(6) In calculating the period of 40 days mentioned in subsection (3), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.”

Type: Backbencher

Signatures: 4

Member's explanatory statement

This amendment, connected with others in the name of Baroness Whitaker, makes provision for the publishing of guidance related to the assessment of accommodation needs of Gypsies and Travellers.

Opposition Amendment 209C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 105, page 147, line 9, at end insert—
“(aa) in subsection (5), at end insert “unless the acquiring authority states that the whole of the land is being acquired for the purpose (or for the main purpose) of provision of sporting or recreational facilities in which case this provision shall not apply.””

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Amendment 175

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Duty to meet assessed need for Gypsy and Traveller sites
(1) A local housing authority must ensure that the assessed need for Gypsy and Traveller accommodation within their area is met, when delivering their functions related to planning, development and infrastructure.
(2) For the purposes of subsection (1), “assessed need” means the need, identified through a Gypsy and Traveller Accommodation Needs Assessment, conducted in accordance with section (Duties of local authorities: assessment of accommodation needs of Gypsies and Travellers) and section (Assessment of accommodation needs of Gypsies and Travellers: guidance), which includes the need for private, socially rented pitches, both transit and permanent.”

Type: Backbencher

Signatures: 4

Member's explanatory statement

This amendment, connected with others in the name of Baroness Whitaker, seeks to place a statutory duty on local housing authorities to meet the assessed need for Gypsy and Traveller sites within their jurisdiction when delivering their functions related to planning, development and infrastructure.

Opposition Amendment 135HA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 52, page 69, leave out lines 34 and 35

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the move from an optional approach to a mandatory requirement for designated strategic authorities to prepare Spatial Development Strategies.

Opposition Amendment 210

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

Leave out Clause 105 and insert the following new Clause—
“Land Compensation Act 1961: amendment
Omit section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored).”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 07 Jul 2025

Member's explanatory statement

This amendment removes the Levelling Up and Regeneration Act 2023’s changes to Compulsory Purchase Orders (CPOs) which enabled Secretary of State to ignore hope value and removes Clause 105’s amendments relating to section 14A of the Land Compensation Act 1961 which would enable local authorities to ignore hope value when using CPOs.

Opposition Amendment 135HB

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 70, leave out lines 15 to 26

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the definition of a “strategy area” in relation to a Spatial Development Strategy, to clarify its geographic scope, the criteria for its designation, and how it interacts with existing local and regional planning boundaries.

Amendment 176

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Failure to comply with the duty to meet the assessed need for Gypsy and Traveller sites
(1) If the Secretary of State is satisfied that a local housing authority has failed to comply with the duty imposed by section (Duty to meet assessed need for Gypsy and Traveller sites) they may direct the authority to comply with the duty so far as may be necessary to meet the needs identified in the authority’s approved Gypsy and Traveller Accommodation Needs Assessment.
(2) Before giving a direction the Secretary of State must consult the local housing authority to which the direction would relate.
(3) A direction given under this section must be in writing.
(4) A local housing authority must comply with a direction given to it under this section.”

Type: Backbencher

Signatures: 4

Member's explanatory statement

This amendment, connected with others in the name of Baroness Whitaker, seeks to give the Secretary of State powers to direct local authorities to meet assessed need for Gypsy and Traveller sites within their jurisdiction when delivering their functions related to planning, development and infrastructure, if they are failing in this duty.

Amendment 177

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Local energy area plans: duty to provide guidance
(1) Local authorities may use local area energy planning to inform their planning decisions.
(2) The Secretary of State must publish guidance for local authorities on local area energy planning within 12 months of the day on which this Act is passed.
(3) The guidance under subsection (2) must include guidance on how local area energy planning should, where present, inform the planning decision-making of the relevant local authorities.
(4) The guidance under subsection (2) may also include, but is not limited to, guidance on—
(a) contributing towards meeting the targets set under—
(i) Part 1 of the Climate Change Act 2008 (UK net zero emissions target and budgeting), and
(ii) sections 1 to 3 of the Environment Act 2021 (environmental targets);
(b) adapting to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008 (report on impact of climate change);
(c) the data and assumptions used in creating a local area energy plan;
(d) the roles and responsibilities of those involved in creating a local area energy plan.
(5) Local authorities must have regard to the guidance produced under subsection (2) when developing local area energy plans.
(6) In this section, “local authority” has the meaning given in section 91 of the Levelling-up and Regeneration Act 2023.”

Type: Backbencher

Signatures: 2

Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025
Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require the provision of guidance for local authorities to help them produce Local Area Energy Plans. It aims to widen the roll-out of Local Area Energy Plans among local authorities and help better define the role of local authorities in delivering the future energy system.

Amendment 135I

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 52, page 70, line 40, at end insert “, or where the area of a spatial development strategy contains any part of a national park authority.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025
Lord Lansley (Con - Life peer) - 28 Aug 2025

Member's explanatory statement

This amendment seeks to ensure coherent planning through extending the Secretary of State’s powers to establish a joint committee of authorities where a national park is present in the spatial development strategy area.

Amendment 178

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Local plan compliance with Land Use Framework and nature recovery strategies
When developing a local plan, a local planning authority must consider whether the plan complies with—
(a) the Land Use Framework, and
(b) any nature recovery strategy relevant to the area covered by the plan.”

Type: Backbencher

Signatures: 3

Lord Teverson (LD - Life peer) - 03 Jul 2025
Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025
Lord Grantchester (Lab - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This new clause seeks to ensure that Local Plans comply with the Land Use Framework and local nature recovery strategies.

Amendment 136

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 71, line 4, at end insert—
“(2A) The Secretary of State may establish a joint committee of authorities under subsection (2) in response to an application made to the Secretary of State by two or more principal authorities.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would enable principal authorities as defined in section 12A(2) and (7) to propose that two or more of them should form a strategic planning board, subject to the Secretary of State making the necessary regulations.

Opposition Amendment 216

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Zero carbon standard for new homes
(1) Within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 to require that new homes must—
(a) be built to a net zero carbon building standard, and
(b) include provision for solar power generation.
(2) Regulations must include a presumption that, as far as is reasonably practicable, new developments will include facilities for the rooftop generation of solar power.”

Type: Opposition

Signatures: 4

Earl Russell (LD - Excepted Hereditary) - 02 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Baroness Young of Old Scone (Lab - Life peer) - 02 Jul 2025
Baroness Jones of Moulsecoomb (Green - Life peer) - 02 Jul 2025
Lord Grantchester (Lab - Excepted Hereditary) - 02 Jul 2025

Member's explanatory statement

This new clause would require that new homes to be built to a net zero carbon building standard and include provision for the generation of solar power.

Opposition Amendment 211

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Return of compulsorily purchased land
(1) Natural England must return land acquired under a compulsory purchase order to the person from whom it was compulsorily purchased where the following conditions have been met—
(a) the owner of the land has refused to agree to a contract offered by Natural England,
(b) any works specified under the contract have been undertaken on behalf of Natural England and relate to an environmental development plan,
(c) a compulsory purchase order has been made by Natural England in relation to the land, and
(d) the cost of work undertaken on the land by Natural England exceeds the value of the contract offered by Natural England to the owner.
(2) When returning land under subsection (1), Natural England must not—
(a) impose any charge on, or
(b) require any sum from,
the person from whom the land was compulsorily purchased.”

Type: Opposition

Signatures: 3

Lord Roborough (Con - Excepted Hereditary) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 26 Jun 2025
Lord Blencathra (Con - Life peer) - 26 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment requires Natural England to return land that has been subject to a Compulsory Purchase Order to the original owner if Natural England spends more on the contracted work than the money they were originally offering the landowner.

Amendment 179

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Play sufficiency duty
(1) A local planning authority in England must, so far as reasonably practicable, assess, secure, enhance, and protect sufficient opportunities for children’s play when exercising any of its planning functions.
(2) In fulfilling the duty under subsection (1), a local planning authority must—
(a) undertake and publish play sufficiency assessments at intervals to be defined in regulations;
(b) integrate the findings and recommendations of such assessments into local plans, relevant strategies, infrastructure planning, and development decisions;
(c) not give permission for any development which would lead to a net loss of formal or informal play spaces except where equivalent or improved provision is secured;
(d) require new developments to provide high-quality, accessible, inclusive play opportunities which incorporate natural features and are integrated within broader public spaces; and
(e) consult regularly with children, families, communities, and play professionals regarding play provision.
(3) A play sufficiency assessment produced under subsection (2)(a) must specifically evaluate and report on the quantity, quality, accessibility, inclusivity, and integration of play opportunities within the planning authority’s area.
(4) The Secretary of State may, by regulations made by statutory instrument, specify—
(a) the frequency, methodology, content, and publication requirements of play sufficiency assessments;
(b) minimum design standards and quality expectations for formal and informal play provision;
(c) developer obligations regarding play infrastructure contributions to be secured through planning conditions.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) For the purposes of this section—
“play” means activities undertaken by children and young people that are freely chosen, self-directed, and carried out following their own interests, in their own way, and for their own reasons;
“play opportunities” include formal and informal play spaces, parks, open spaces, streets, schools, neighbourhood spaces, natural green areas, active travel routes, supervised play settings (including adventure playgrounds), and community recreation facilities;
“sufficient” means adequate in quantity, quality, accessibility, inclusivity, and integration within community infrastructure.”

Type: Backbencher

Signatures: 2

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Lord Addington (LD - Excepted Hereditary) - 03 Jul 2025

Opposition Amendment 136ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 71, line 37, at end insert—
“(2A) Regulations making provision in accordance with subsection (2) must ensure that the composition of the strategic planning board and any sub-committees shall be representative of the constituent authorities and their population.””

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to ensure that the composition of the board and its committees reflects the constituent authorities and the populations they serve, in order to guarantee fair representation.

Amendment 180

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Embodied carbon assessments
(1) Local planning authorities must, within 12 months of the day on which this Act is passed—
(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;
“operational emissions” means the carbon emissions from the energy used once a project is operational, including from heating, lighting and cooling;
“whole-life carbon” means the combination of embodied and operational emissions across the full life-cycle of a project.”

Type: Backbencher

Signatures: 2

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Lord Ravensdale (XB - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

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.

Opposition Amendment 136A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 72, leave out lines 8 to 12

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the uncertainty facing local authorities about the geographical scope of Spatial Development Strategies (SDSs), particularly during periods of local government reorganisation. It probes whether authorities should continue progressing local plans or prepare SDSs, and the risk of duplication or delay in plan-making.

Amendment 212

Tabled: 26 Jun 2025
HL Bill 110 Running list of amendments – 26 June 2025

This amendment was WITHDRAWN

After Clause 106, insert the following new Clause—
“Building regulations: swift bricks
(1) The Secretary of State must, within six months of the day on which this Act is passed, introduce regulations under section 1 of the Building Act 1984 (power to make building regulations) to make provision for the installation of an average of one swift brick per dwelling or unit greater than 5 metres in height.
(2) Regulations must require the installation of swift bricks in line with best practice guidance, except where such installation is not practicable or appropriate.
(3) For the purposes of this section—
“swift brick” means an integral nest box integrated into the wall of a building suitable for the nesting of the common swift and other cavity nesting species;
“best practice guidance” means the British Standard BS 42021:2022.”

Type: Backbencher

Signatures: 4

Lord Goldsmith of Richmond Park (Con - Life peer) - 26 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 26 Jun 2025
Baroness Coffey (Con - Life peer) - 26 Jun 2025
Lord Hintze (Con - Life peer) - 26 Jun 2025

Member's explanatory statement

This new clause would require the Secretary of State to introduce regulations to require the installation of integral bird nest boxes and swift boxes in developments greater than 5 metres in height. Swift bricks provide nesting habitat for all bird species reliant on cavity nesting habitat in buildings to breed.

Amendment 213

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

This amendment was WITHDRAWN

After Clause 106, insert the following new Clause—
“Review: rights of way
Within six months of the day on which this Act is passed, the Secretary of State must publish a review of the effect of the provisions in this Act on—
(a) access to,
(b) enjoyment of, and
(c) preservation of,
rights of way, especially unrecorded rights of way.”

Type: Backbencher

Signatures: 3

Lord Hodgson of Astley Abbotts (Con - Life peer) - 27 Jun 2025
Baroness Scott of Needham Market (LD - Life peer) - 27 Jun 2025
Lord Thurlow (XB - Excepted Hereditary) - 27 Jun 2025

Member's explanatory statement

This amendment seeks to probe the effect of the Bill on rights of way, including unrecorded rights of way which are due to be extinguished on 31 December 2030.

Opposition Amendment 136B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 72, leave out line 11

Type: Opposition

Signatures: 2

Baroness Scott of Bybrook (Con - Life peer) - 03 Jul 2025

Shadow Minister (Housing, Communities and Local Government)

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe how principal authorities will secure sufficient planning staff to prepare SDSs, given existing workforce shortages. It raises concerns about reliance on secondments from lower-tier councils, which could undermine plan-making capacity in those areas and create wider resource pressures.

Amendment 181

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Cooling hierarchy guidance
The Secretary of State must, within six months of the passing of this Act, issue guidance for local planning authorities which—
(a) outlines a cooling hierarchy, and
(b) provides guidance on the application of the cooling hierarchy in the exercise of a local planning authority’s planning and development functions.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause would require the Secretary of State to publish guidance for local planning authorities on applying the "cooling hierarchy" - a structured approach to reducing overheating risk in buildings, prioritising passive and sustainable design measures.

Opposition Amendment 182

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Commencement of provisions in Levelling-up and Regeneration Act 2023 relating to the duty of regard to certain heritage assets in the exercise of planning functions
The Secretary of State must, by regulations under section 255(3)(b) of the Levelling-up and Regeneration Act 2023, bring section 102 of the Levelling-up and Regeneration Act 2023 into force two months after the day on which this Act is passed.”

Type: Opposition

Signatures: 1

Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Amendment 214

Tabled: 30 Jun 2025
HL Bill 110 Running list of amendments – 30 June 2025

This amendment was WITHDRAWN

After Clause 106, insert the following new Clause—
“Review: impact on food and water security
(1) At the end of the period of 12 months, beginning with the day on which this Act is passed, and annually thereafter, the Secretary of State must publish a report detailing the total area, in hectares, of any land that has been taken out of food production as a result of the provisions of this Act—
(a) in the previous twelve months, and
(b) cumulatively since the Act came into force.
(2) The report must include the total area, in hectares, of any land taken out of food production and used for—
(a) the construction of houses and associated infrastructure,
(b) the construction of reservoirs or other water catchment devices,
(c) the installation of solar panels, and
(d) the production of maize and other crops grown to support the generation of electricity.
(3) The report must provide an assessment of the increased risk, if any, to the food and water security of the United Kingdom.”

Type: Backbencher

Signatures: 1

Lord Hodgson of Astley Abbotts (Con - Life peer) - 30 Jun 2025

Member's explanatory statement

This amendment seeks to ensure that the Government provides annual updates on any agricultural land lost as a result of this Bill and any consequent risks to this country’s food and water security.

Opposition Amendment 137

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 4 at end insert—
“(2A) A spatial development strategy must have regard to the need to provide 150,000 new social homes nationally a year.”

Type: Opposition

Signatures: 1

Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Member's explanatory statement

This amendment would require a spatial development strategy to have regard for the need to provide 150,000 social homes a year.

Amendment 215

Tabled: 01 Jul 2025
HL Bill 110 Running list of amendments – 1 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Protection of villages
(1) The Secretary of State must, within six months of the day on which this Act is passed, issue guidance for local planning authorities, or update any relevant existing guidance, relating to the protection of villages from overdevelopment and change of character.
(2) Any guidance issued under this section must provide villages with equivalent protection, so far as is appropriate, as is provided for towns in relation to—
(a) preventing villages from merging into one another, and
(b) preserving the setting and special character of historic villages,
under the National Planning Policy Framework.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 01 Jul 2025

Member's explanatory statement

This amendment seeks to provide existing villages with protection equivalent to that currently provided to towns under the NPPF.

Opposition Amendment 183

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Historic environment records
(1) In making any planning decision, the authority making the decision must take into account the contents of the historic environment record for the relevant area, from the day one year after the day on which section 230 of the Levelling-up and Regeneration Act 2023 (historic environment records) comes into force.
(2) The Secretary of State must, by regulations under section 255(9)(a) of the Levelling-up and Regeneration Act 2023, bring section 230 of the Levelling-up and Regeneration Act 2023 into force two months after the day on which this Act is passed.”

Type: Opposition

Signatures: 1

Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Amendment 138

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 13, at end insert—
“(d) supporting space for community gardens, allotments and green spaces.”

Type: Backbencher

Signatures: 2

Lord Gascoigne (Con - Life peer) - 03 Jul 2025
Lord Teverson (LD - Life peer) - 03 Jul 2025

Opposition Amendment 184

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Flexibility in space standards for stepping stone accommodation
(1) A local planning authority in England may, when determining applications for planning permission disapply any minimum space standards required under the development plan (including the Nationally Described Space Standard), in respect of stepping stone accommodation that satisfies the conditions in subsection (2).
(2) Accommodation satisfies the conditions in this subsection if it—
(a) consists of self-contained units (no smaller than 24 sqm for new build homes) intended for single occupancy,
(b) is designed for persons of a particular age or within a particular range of ages who are leaving supported accommodation or at risk of homelessness,
(c) is offered for a time-limited tenancy not exceeding five years per occupant,
(d) is provided as part of an accredited independent living or transitional housing scheme, and
(e) is subject to an affordability condition that limits rent to not more than one third of income.
(3) For the purposes of subsection (2)(d), an “accredited independent living or transitional housing scheme” means a scheme—
(a) operated or commissioned by a local authority,
(b) delivered by a registered provider of social housing, or
(c) provided by a registered charity with the principal objective of addressing youth homelessness.
(4) For the purposes of subsection (2)(e), “one third of income” means—
(a) one third of the resident’s income,
(b) one third of the bottom 30th percentile of income in a local area, or
(c) one third of the national living wage for people aged over 21,
whichever is lowest.
(5) In considering an application under this section, the local planning authority may have regard to—
(a) the design quality and safety of the proposed accommodation,
(b) the provision of amenity space, including communal or external areas,
(c) the temporary nature and specific intended use of the dwellings,
(d) the housing need for stepping stone accommodation in the authority’s area, and
(e) the inclusion of structured support services or mentoring provision.
(6) Where planning permission is granted under this section, the local planning authority must impose a planning condition to ensure—
(a) the accommodation is used exclusively for the purposes set out in subsection (2), and
(b) the accommodation shall not be converted to general purpose residential use without further express planning permission.
(7) In this section—
“Nationally Described Space Standard” means the technical housing standards issued by the Department for Communities and Local Government in March 2015 or any document replacing it;
“self-contained unit” means a unit of accommodation with exclusive access to its own bathroom, kitchen, and living area.”

Type: Opposition

Signatures: 2

Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Lord Banner (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would allow planning authorities to approve high-quality “stepping stone” accommodation for young people leaving supported housing or at risk of homelessness—by disapplying space standards in limited, controlled circumstances—while aligning planning decisions, housing policy, and funding practice with recent reforms and enabling updates to the Nationally Described Space Standard to reflect support for flexible, transitional housing models.

Amendment 138A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 13, at end insert—
“(d) securing the use and development of land in the strategy area which supports the delivery of local strategies to improve health and wellbeing, including those which seek to ensure adequate provision for sport and physical activity in the form of—
(i) access to green space,
(ii) active travel infrastructure, and
(iii) sport and physical activity facilities.”

Type: Backbencher

Signatures: 1

Lord Moynihan (Con - Excepted Hereditary) - 03 Jul 2025

Amendment 217

Tabled: 02 Jul 2025
HL Bill 110 Running list of amendments - 2 July 2025

This amendment was WITHDRAWN

After Clause 106, insert the following new Clause—
“Compulsory purchase for planning and development: code of practice
(1) Within six months of the day on which this Act is passed, the Secretary of State must publish a code of practice to be followed by all bodies or individuals exercising powers of compulsory purchase for the purposes of planning and development.
(2) On publication of the code of practice, the Secretary of State must by regulations establish—
(a) an enforcement mechanism for the code of practice, including establishing a responsible body or individual for monitoring compliance,
(b) penalties for non-compliance with the code of practice, and
(c) a system for appealing against findings of non-compliance with the code of practice.
(3) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Backbencher

Signatures: 3

Lord Cromwell (XB - Excepted Hereditary) - 02 Jul 2025
Earl of Lytton (XB - Excepted Hereditary) - 02 Jul 2025
Lord Cameron of Dillington (XB - Life peer) - 02 Jul 2025

Member's explanatory statement

This is to ensure that all acquiring authorities, and their agents, are bound by the normal code of conveyancing practice exercised by a willing seller to a willing buyer.

Opposition Amendment 218

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“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;
(d) how any changes to existing practice could be incorporated into UK planning law.
(3) 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.”

Type: Opposition

Signatures: 2

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment 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.

Amendment 185

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Members of Parliament as Category 1 persons under section 102B of the Planning Act 2008
(1) Section 102B (categories for the purposes of section 102A) of the Planning Act 2008 is amended as follows.
(2) In subsection (1), at end insert “or any Member of Parliament in whose constituency the development is going to take place.”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer) - 03 Jul 2025
Lord Blencathra (Con - Life peer) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment 138B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 13, at end insert—
“(d) creating and enhancing the provision of and public access to a network of multifunctional green and blue spaces and other natural features, urban and rural, which is capable of delivering a wide range of environmental, economic, health and wellbeing benefits for nature, climate, local and wider communities and prosperity.”

Type: Backbencher

Signatures: 1

Baroness Willis of Summertown (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require relevant strategic authorities to incorporate blue and green infrastructure as defined by the National Policy Planning Framework (NPPF) into the creation and adoption of spatial development strategies.

Amendment 139

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 52, page 73, line 13, at end insert—
“(4A) A spatial development strategy must meet the needs of older and disabled people, through a requirement for new homes to meet the Building Regulations Part M4(2) accessible and adaptable standard or the Part M4(3) wheelchair user dwelling standard, as set out in Schedule 1 to the Building Regulations 2010 (S.I. 2010/2214).”

Type: Backbencher

Signatures: 1

Lord Best (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

The amendment introduces a requirement for all new homes to comply with the Part M4(2) accessible and adaptable standard, as defined in the Building Regulations 2010, or the higher M4(3) wheelchair user dwelling standard. The amendment aims to ensure that all new housing is inclusive, age-friendly, and suitable for people with varying mobility needs.

Amendment 185A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Double glazing: extension of permitted development
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must by regulations amend The Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) to classify the development described in subsection (2) as permitted development, subject to the condition in subsection (3).
(2) The development is the installation of double glazing within existing windows in conservation areas.
(3) The condition is that the appearance, materials and design of the replacement windows are in keeping with the character and appearance of the building and the surrounding area.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to expand permitted development rights to include the installation of double glazing in existing windows in conservation areas.

Opposition Amendment 219

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Transfer of land to local authority following expiry of planning permission
After section 91 of the Town and Country Planning Act 1990, insert—
“91A Transfer of land to local authority following expiry of planning permission
(1) This section applies—
(a) where a development includes the construction of 100 or more homes and has not begun within the applicable period, and
(b) where section 91(4) of this Act does not apply.
(2) There is a compelling case in the public interest for the compulsory purchase under section 17 of the Housing Act 1985 of land on which any such development was permitted provided that such purchase is—
(a) in accordance with the terms of the Land Compensation Acts, and
(b) complies with the relevant provisions of the Human Rights Act 1998.
(3) In this section—
(a) “applicable period” has the meaning given in section 91(5) of this Act;
(b) “Land Compensation Acts” means—
(i) the Land Compensation Act 1961;
(ii) the Compulsory Purchase Act 1965;
(iii) the Acquisition of Land Act 1981;
(iv) any other relevant Act which the Secretary of State may specify.””

Type: Opposition

Signatures: 2

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause would mean that, where permission for a development of 100 homes or more is not used within the applicable period, there is automatically a justifiable case for the compulsory purchase of the land under the Housing Act 1985.

Amendment 221

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 106, insert the following new Clause—
“Party Wall etc. Act 1996: review
(1) Within 12 months of the day on which this Act is passed the Secretary of State must undertake a review of the Party Wall etc. Act 1996 as it relates to planning and development.
(2) The review must include—
(a) a consideration of whether the Act is consistent with current planning and development practices,
(b) a summary of all correspondence to date related to the implementation of the Act as it relates to planning and development which is held by the relevant government department and its predecessor departments,
(c) consultation with industry bodies related to the construction and maintenance of, and negotiation and litigation in respect of, party walls, in relation to planning and development,
(d) consultation with members of the public who have made use of provisions of the Act within the last five years in relation to planning and development, and
(e) recommendations on how the Act could be amended to ensure that its provisions, as far as they relate to planning and development —
(i) are consistent with human rights legislation,
(ii) are consistent with current planning and development practices, and
(iii) uphold the principle that no criminal damage, trespass or interference should occur in relation to a person’s property.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would require the Secretary of State to carry out a review of the Party Wall etc. Act 1996, clarifying whether the Act is consistent with current planning and development practices and whether that Act could be amended in order to update its position in planning and development processes.

Amendment 185B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Wind turbines: extension of permitted development
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must by regulations amend The Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) to classify the development described in subsection (2) as permitted development, subject to the condition in subsection (3).
(2) The development is the installation of a small-scale onshore wind turbine or turbines.
(3) The conditions are that—
(a) the wind turbine is not more than 30 metres in height,
(b) the development complies with all applicable requirements of the Town and Country Planning Act 1990,
(c) the base of the wind turbine is sited at least 100 metres away from any dwelling, and
(d) the development is not located within a conservation area.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to expand permitted development rights for small-scale onshore wind turbines up to a height of 30 metres.

Opposition Amendment 139ZA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 52, page 73, line 13, at end insert—
“(4A) The spatial development strategy must indicate how the infrastructure specified or described in accordance with subsection (4) is to be funded, and any impact on the spatial development strategy of the infrastructure not being available, including which development areas would not be feasible without it.”

Type: Opposition

Signatures: 1

Lord Jamieson (Con - Life peer) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment would require a spatial development strategy to explain how essential infrastructure will be funded and to assess the consequences of such infrastructure not being available, in order to ensure that necessary infrastructure is delivered as part of the strategic plan.

Amendment 139A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 14, leave out “may” and insert “must”

Type: Backbencher

Signatures: 1

Baroness Warwick of Undercliffe (Lab - Life peer) - 03 Jul 2025

Opposition Amendment 185C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Parliamentary procedure for listed building consent orders
(1) In section 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (regulations and orders), in subsection (5), after “section” insert “26C,”.
(2) In Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (heritage planning regulation), in paragraph 18, omit sub-paragraph (3).”

Type: Opposition

Signatures: 3

Lord Parkinson of Whitley Bay (Con - Life peer) - 03 Jul 2025

Shadow Minister (Culture, Media and Sport)

Lord Inglewood (XB - Excepted Hereditary) - 03 Jul 2025
Lord Harlech (Con - Excepted Hereditary) - 03 Jul 2025

Member's explanatory statement

This amendment provides for national Listed Building Consent Orders made under Section 26C of the Planning (Listed Buildings and Conservation Areas) Act 1990 to be subject to the negative resolution procedure.

Amendment 222

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Brownfield sites: review
(1) Within six months of the day on which this Act is passed, the Secretary of State must commission a review of brownfield sites.
(2) The review must investigate—
(a) the cost effectiveness of building on brownfield sites compared to greenfield sites,
(b) potential incentives for building on brownfield sites, and
(c) the merits of financial support for developers cleaning and clearing brownfield sites.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Amendment 223

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Party Wall etc. Act 1996: amendment
After section 9 of the Party Wall etc. Act 1996 insert—
“9A Right to maintain structural integrity
A building owner or developer cannot exercise any right conferred on them under this Act for development that will interfere with the structural integrity of a neighbouring property without the owner of that property’s written permission.””

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to probe the effectiveness of the Party Wall etc. Act 1996 and to ensure that the structural integrity of homes is protected.

Amendment 140

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 14, at end insert—
“(za) an amount or distribution of development for employment, industrial, logistic or commercial purposes, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area;”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would secure that a spatial development strategy must include a description of the amount or distribution of development for employment, industrial, logistics or commercial purposes, which are instrumental in determining the land use and requirements for housing in the strategy area.

Amendment 185D

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Purposes and principles to be followed by parties exercising planning or development functions
(1) Any party exercising any function in relation to planning and development must—
(a) have regard to the purpose of the planning system outlined in subsection (2), and
(b) apply the principles outlined in subsection (3) for the purposes of achieving sustainable development.
(2) The purpose of the planning system is to promote the spatial organisation of land and resources to achieve the long-term sustainable development of the nation and the health and wellbeing of individuals.
(3) The principles are—
(a) living within environmental limits,
(b) ensuring a strong, healthy and just society,
(c) achieving a sustainable economy,
(d) promoting good governance including promoting democratic engagement and accountability, and
(e) using scientific research responsibly.
(4) For the purposes of this section—
“environmental limits” means the minimum environmental impact that can lead to irreversible damage or negative consequences for ecosystems, biodiversity, and human well-being;
“sustainable development” means managing the use, development and protection of land and natural resources in a way which enables people and communities to provide for their legitimate social, economic and cultural wellbeing while ensuring the health and integrity of terrestrial and marine ecosystems and the species within them, as well as the wellbeing of future generations.”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

The new clause would define the purpose of the planning system and of planning as promoting the efficient spatial organisation of land and resources to achieve the long-term sustainable development of the nation and the health and wellbeing of individuals.

Amendment 185E

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Planning permission relating to gambling: impact assessment
A local planning authority may publish a document (“a cumulative impact assessment”) stating that the authority considers that the number of premises licences granted under section 163 of the Gambling Act 2005 (determination of application) in one or more parts of its area described in the assessment is such that it is likely that it would be—
(a) inconsistent with the licensing objectives in section 1 of that Act (the licensing objectives), or
(b) harmful to the well-being of the community,
for the planning authority to grant any further planning permission, including in relation to applications for change of use, which would result in an increase in the number of such premises in that part or those parts.”

Type: Backbencher

Signatures: 1

Lord Foster of Bath (LD - Life peer) - 03 Jul 2025

Amendment 140A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, leave out lines 15 to 21 and insert—
“(a) the amount or distribution of housing (of any kind), the provision of which the strategic planning authority calculates is needed by the population of the strategy area, including those people who are recorded as statutorily homeless, sleeping rough, overcrowded, on housing waiting lists and those who are homeless but not statutorily recorded within their area;
(b) the amount or distribution of affordable and supported housing or any other kind of housing, the provision of which the strategic planning authority calculates is needed by the population of the strategy area, using the same assessment of housing need as in paragraph (a).”

Type: Backbencher

Signatures: 1

Baroness Warwick of Undercliffe (Lab - Life peer) - 03 Jul 2025

Amendment 224

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Repurposing buildings: VAT costs
(1) The Secretary of State must, within six months of the day on which this Act is passed, make provision by regulations made by statutory instrument to establish a VAT exemption scheme for building materials used for repurposing and developing an existing building to provide housing.
(2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Amendment 141

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 18, leave out from “housing” to end of line 21 and insert “of which a majority is social rent housing.”

Type: Backbencher

Signatures: 4

Lord Best (XB - Life peer) - 03 Jul 2025
Baroness Thornhill (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing)

Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment enables Spatial Development Strategies to specify a proportion of social rent housing.

Amendment 225

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Building regulations: bird safety of buildings
(1) The Secretary of State must, within six months of the day on which this Act is passed—
(a) introduce regulations under section 1 of the Building Act 1984 (power to make building regulations) to ensure that buildings incorporate, to the extent practicable, features, practices and strategies to reduce bird fatalities resulting from collisions with buildings, and
(b) issue guidance on such features, practices and strategies to reduce bird fatalities resulting from collisions with buildings.
(2) The regulations under subsection (1)(a) must apply to any building that is constructed, or of which more than 50 per cent of the façade is substantially altered, after the date of the regulations coming into force.
(3) The Secretary of State may issue exemptions to the regulations under subsection (1)(a) for listed buildings.
(4) The guidance under subsection (1)(b) must include—
(a) features for reducing bird fatality resulting from collisions with buildings throughout all stages of construction, taking into account the risks and available information on bird fatalities that occur at different types of buildings, and
(b) methods and strategies for reducing bird fatality resulting from collisions with buildings during the operation and maintenance of such buildings, including using certified bird-safe glass.
(5) The Secretary of State must review the guidance under subsection (1)(b) on a regular basis to ensure that it reflects current knowledge on effective methods to reduce bird fatalities.”

Type: Backbencher

Signatures: 4

Baroness Freeman of Steventon (XB - Life peer) - 03 Jul 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Lord Randall of Uxbridge (Con - Life peer) - 03 Jul 2025
Baroness Grender (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to introduce bird safety (in design and in the use of bird-safe glass) into building regulations for new builds and non-heritage buildings being extensively modified.

Amendment 185F

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 52, insert the following new Clause—
“Local plan compliance with Habitats Regulations assessments
When developing a local plan, a local planning authority must consider whether the plan complies with the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) and conduct full environmental impact assessments for all sites being proposed as suitable for development.”

Type: Backbencher

Signatures: 2

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025
Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to enable local plans to guide developers towards sites most appropriate for development and speed up and simplify the subsequent planning application process by conducting Habitats Regulations assessments at local plan stage, rather than individual planning application stage.

Amendment 185G

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Spatial development strategies compliance with Habitats Regulations assessments and provisions of land use framework
When developing a spatial development strategy, a strategic planning authority and strategic planning board must consider whether the strategy complies with—
(a) the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) and conduct full environmental impact assessments for all sites being proposed as suitable for development, and
(b) the provisions of the land use framework.”

Type: Backbencher

Signatures: 2

Baroness Young of Old Scone (Lab - Life peer) - 03 Jul 2025
Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment seeks to enable spatial development strategies to guide developers towards sites most appropriate for development and speed up and simplify the subsequent planning application process by conducting Habitats Regulations assessments at spatial development strategy stage rather than individual planning application stage.

Amendment 142

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 52, page 73, line 21, at end insert—
“(c) the use of health impact assessments when considering applications for new premises licensed under the Gambling Act 2005 or applications to convert premises to gambling premises under the Town and Country Planning (Use Classes) Order 1987 (1987/764), and
(d) the number of premises licensed under the Gambling Act 2005 to be limited on the grounds of the cumulative impact on the health and wellbeing of the public.”

Type: Backbencher

Signatures: 1

Lord Foster of Bath (LD - Life peer) - 03 Jul 2025

Amendment 226

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Secretary of State’s duty to promote healthy homes and neighbourhoods
(1) The Secretary of State must promote a comprehensive regulatory framework for planning and the built environment designed to secure—
(a) the physical, mental and social health and well-being of the people of England, and
(b) healthy homes and neighbourhoods.
(2) The Secretary of State may by regulations made by statutory instrument make provision for a system of standards that promotes and secures healthy homes on condition that certain requirements prescribed in the regulations are met.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) Schedule (Healthy homes) makes provision about healthy homes standards.”

Type: Backbencher

Signatures: 3

Lord Crisp (XB - Life peer) - 03 Jul 2025
Lord Young of Cookham (Con - Life peer) - 03 Jul 2025
Lord Carlile of Berriew (XB - Life peer) - 03 Jul 2025

Amendment 227

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Review of the human and environmental toxicity of new buildings and landscaping
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must publish a review of what measures might be taken to reduce the level of toxic materials in new buildings and landscaping, including particularly—
(a) artificial turf and other landscaping materials;
(b) per- and polyfluoroalkyl substances, hormone-disrupting chemicals, formaldehyde and related chemicals, and plastics;
(c) the ability of buildings to exclude environmental threats such as dust and smoke.
(2) The Secretary of State must arrange for a motion to be tabled in both Houses of Parliament to enable a debate on the report published under subsection (1).”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Amendment 143

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

Clause 52, page 73, line 21, at end insert—
“(c) a specific density of housing development which ensures effective use of land and which the strategic planning authority considers to be of strategic importance to the strategy area.”

Type: Backbencher

Signatures: 2

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jul 2025
Baroness Coffey (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment requires strategic planning authorities to include a specific housing density in their plans which ensures land is used effectively where it is considered strategically important.

Amendment 185H

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Assets of cultural value
(1) The Secretary of State must, by regulations made by statutory instrument, establish a system for the identification, listing, and protection of assets of cultural value.
(2) An asset of cultural value is a building or other land whose primary use—
(a) substantially furthers the cultural well-being or cultural interests of a local community or the nation, or
(b) provides a necessary venue for the furthering of specialist cultural skills, including (but not limited to) music venues, recording studios, rehearsal spaces, visual artists’ studios and other creative spaces.
(3) The system established under subsection (1) must operate along the lines of the regime for assets of community value under Chapter 3 of Part 5 of the Localism Act 2011 and provide for—
(a) a process for community or prescribed bodies to nominate assets for listing;
(b) a moratorium on sale of a listed asset, allowing a prescribed period for interested parties to secure an alternative bidder committed to maintaining the asset for cultural purposes;
(c) the cultural value of the asset being a material consideration in any decision relating to planning permission.
(4) Regulations under subsection (1) may make such further provision as the Secretary of State considers necessary or expedient for the operation of the system.
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 2

Earl of Clancarty (XB - Excepted Hereditary) - 03 Jul 2025
Baroness McIntosh of Pickering (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to probe the merits of including an assets of cultural value scheme in the planning system. This would complement the existing assets of community value scheme and seeks to recognise the importance of arts and cultural spaces.

Opposition Amendment 227A

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Flood resilience measures for new homes
(1) Within six months of the day on which this Act is passed, the Secretary of State must make regulations by statutory instrument under section 1 of the Building Act 1984 (power to make building regulations) to require that property flood resilience measures are included in any new homes.
(2) Property flood resilience measures under this section may include—
(a) raised electrical sockets;
(b) non-return valves on utility pipes;
(c) airbricks;
(d) resilient wall plaster;
(e) any other measure as the Secretary of State may specify.”

Type: Opposition

Signatures: 1

Baroness Grender (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This new clause ensures all new homes are built with property flood resilience measures to combat increased flood risk.

Amendment 185J

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new clause—
“Planning procedures and GDPR obligations
(1) The Secretary of State must, within six months of the day on which this Act is passed—
(a) publish statutory guidance to planning authorities determining how they must balance the demands of the General Data Protection Regulation and the need to maintain transparency for the public of the planning process and its decisions;
(b) ensure that the guidance under this subsection prevents planning authorities from unduly reducing transparency of the planning process.
(2) The Secretary of State must also consult with following bodies before issuing statutory guidance—
(a) the Local Government Association,
(b) the Planning Inspectorate,
(c) the Information Commissioner’s Office,
(d) the Royal Town Planning Institute, and
(e) any other body the Secretary of State deems appropriate.”

Type: Backbencher

Signatures: 1

Lord Teverson (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

This probing amendment would ensure that the application of the GDPR regime to planning decisions and processes is uniform across planning authorities, and promotes transparency for the public.

Amendment 144

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

Clause 52, page 73, line 21, at end insert—
“(5A) A spatial development strategy may relate the provision of—
(a) infrastructure;
(b) affordable housing;
(c) nature recovery and restoration;
(d) biodiversity net gain;
to the potential viability of development in the strategy area, indicating the levels of benchmark land value, developer contributions and community infrastructure levy charging schedules which may be required in the strategy area.
(5B) The Secretary of State may issue guidance in relation to the assessment of benchmark land values, developer contributions and developer returns to inform the determination of the viability of development for the purposes of plan-making and delivery of development in the strategy area.”

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment would provide for spatial strategies prepared by strategic authorities to take into account the viability issues affecting the spatial distribution of development, including land values and the need for developer contributions for infrastructure and affordable housing; and for the Secretary of State to issue guidance.

Opposition Amendment 185K

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Duty to complete development of local infrastructure
(1) This section applies where—
(a) a Development Consent Order is made providing for, or
(b) a Strategic Development Scheme includes provision for,
the development of local infrastructure.
(2) Where subsection (1) applies, the developer must deliver the relevant local infrastructure in full.
(3) For the purposes of this section, “local infrastructure” has such meaning as the Secretary of State may specify by regulations made by statutory instrument, but must include—
(a) schools,
(b) nurseries, and
(c) General Practice clinics.
(4) A duty under this section may be disapplied with the consent of the relevant local planning authority.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause aims to ensure that commitments to provide local infrastructure such as schools and GP clinics, approved as part of a development, are permanent and legally binding.

Amendment 227B

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Land banking: prevention
(1) Any developer or company seeking to buy or lease land from a landowner for the purpose of development must declare to the landowner whether they already hold planning permission for similar developments within ten miles of the land being purchased or leased.
(2) If any such land declared under subsection (1) has been held for over one year without development commencing, any planning permission for the land to be purchased or leased under subsection (1) may not be approved.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to prevent “land banking” – the practice of purchasing undeveloped land and holding it for future development or resale, rather than immediately building on it.

Amendment 227C

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was WITHDRAWN

After Clause 106, insert the following new Clause—
“Land purchasing: duty to declare other approaches to purchase or lease land
(1) Any developer or company approaching a landowner to buy or lease land for the purpose of development must declare whether they are also approaching other owners of land in the vicinity to buy or lease land for the purpose of development.
(2) The declaration required under subsection (1) must include whether the combined amount of land intended to be purchased or leased will be submitted for application as a nationally significant infrastructure project as set out in Part 3 of the Planning Act 2008.
(3) In subsection (1), “in the vicinity” means any land immediately adjoining or within ten miles of the land intended to be leased or purchased.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that any landowner being approached is aware of whether it is just their land that is the subject of purchase/leasing or whether there are others being approached so that the total sum of the land obtained may result in application for designation as a nationally significant infrastructure project.

Opposition Amendment 185L

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Development of land for the public benefit
(1) This section applies where—
(a) a developer has entered into an obligation under section 106 of the Town and Country Planning Act 1990 which requires the development of local community infrastructure, and
(b) such development—
(i) has not been completed, and it is not intended or anticipated that the development will be completed, or
(ii) has been subject to a change of circumstance which means that it will not or cannot be used for its intended purpose.
(2) Where this section applies—
(a) the relevant land remains under the ownership of the local planning authority;
(b) the local planning authority may only develop or permit the development of the land for the purposes of providing a community asset;
(c) the local planning authority must, when proposing to develop the land under paragraph (b), consult the local community before commencing development or granting permission for any development.
(3) For the purposes of this section—
“local community infrastructure” means a development for the benefit of the local community, including schools, nurseries, and medical centres,
“community asset” means—
(a) a public park;
(b) a public leisure facility;
(c) social housing;
(d) such other assets as the local planning authority may specify, provided that their development is to meet the needs of the local community.”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause provides that land designated for development as community infrastructure under a S106 agreement will not be returned to a developer to use for other purposes in the event that the original purpose is not fulfilled. It provides instead that land would remain under the control of the local planning authority for development as a community asset.

Opposition Amendment 185M

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Neighbourhood plans
The Secretary of State may only—
(a) grant a development consent order where the Secretary of State believes that the application for consent gives due consideration to any relevant neighbourhood plan;
(b) permit a variation to a neighbourhood plan which, in the opinion of the Secretary of State—
(i) is clearly justifiable,
(ii) is unlikely to compromise the overall intention of the neighbourhood plan, and
(iii) has been proposed in a clear and timely manner.”

Type: Opposition

Signatures: 1

Baroness Pinnock (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause would require due consideration to be given to neighbourhood plans when deciding on an application for development consent.

Amendment 227E

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Amendment to the Local Government Act 1972 to enhance provisions for protection of purchasers of land from local authorities
For section 128(2) of the Local Government Act 1972 (Consents to land transactions by local authorities and protection of purchasers), substitute—
“(2) Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land by any method whatsoever after 13 November 1980, then—
(a) in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and
(b) a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.
And any such person who acquires land to which this subsection applies shall take such land free of any trusts arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 of the Public Health Act 1875 or section 10 of the Open Spaces Act 1906 notwithstanding any failure by the relevant authority to comply with the requirements of section 122(2A) or section 123(2A) of this Act.””

Type: Backbencher

Signatures: 4

Lord Banner (Con - Life peer) - 03 Jul 2025
Lord Naseby (Con - Life peer) - 03 Jul 2025
Lord Pannick (XB - Life peer) - 03 Jul 2025
Lord Grabiner (XB - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to clarify purchasers’ protection machinery in the Local Government Act 1972 following the Supreme Court’s decision in R (Shropshire) v Day [2023] AC 955 for persons who acquire land from local authorities.

Amendment 227F

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Providing set timeframes for determination of compulsory purchase orders relying on the powers set out in the Electricity Act 1989.
(1) Schedule 3 to the Electricity Act 1989 (compulsory acquisition of land by licence holders) is amended as follows.
(2) In paragraph 5, in sub-paragraph (1), after “sub-paragraph (2)” insert “and (3)”.
(3) After sub-paragraph (2) of paragraph 5 insert—
(3)This paragraph applies where the confirming authority is exercising the functions conferred by paragraphs 13, 13A, 13BA and 13C of Part II of the Acquisition of Land Act 1981.
(4)When exercising its functions the confirming authority must—
(a)decide to confirm the proposed order,
(b)decide not to confirm the proposed order,
(c)in a case to which section 13C Acquisition of Land Act 1981 applies (confirmation in stages), decide to confirm or not confirm the first stage of the proposed order, or
(d)notify the acquiring authority that it may confirm the order,
within the period of 10 weeks beginning with the relevant day;
(5)The relevant day in relation to the proposed order in sub-paragraph (4) is where—
(a)no qualifying objections have been received, the day after the final day for making objections as described at section 12A of the Acquisition of Land Act 1981;
(b)a qualifying objection is withdrawn with the result that no qualifying objections remain live, that date of withdrawal;
(c)there are outstanding qualifying objections, and the confirming authority adopts the written representations procedure, the deadline set for final receipt of the written representations;
(d)there are outstanding qualifying objections, and the confirming authority adopts the representations procedure, the deadline set for final receipt of representations, or as the case may be, any report provided to the confirming authority by a person appointed to consider the representations;
(e)there are outstanding qualifying objections, and the confirming authority adopts the public local inquiry procedure, the day on which the confirming authority receives the report of the person appointed to conduct that inquiry.
(6)The confirming authority may in any particular case, if considered appropriate, extend a period that applies under this paragraph.
(7)The power to extend under sub-paragraph (6)—
(a)may be exercised more than once in relation to the same period;
(b)may be exercised after the expiry of the period;
(c)requires written notice to be given to the authority that has made the order and to each person who has made a qualifying objection and not withdrawn it.””

Type: Backbencher

Signatures: 1

Lord Hunt of Kings Heath (Lab - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment seeks to improve certainty and timeliness in consenting electricity network infrastructure by introducing a statutory deadline of 10 weeks into the Acquisition of Land Act 1981 as it applies to decisions on Compulsory Purchase Orders (CPOs) made under the Electricity Act 1989. The amendment also clarifies the definition of the “relevant day” to ensure consistency across objection-handling procedures and allows for extensions where appropriate.

Opposition Amendment 227G

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Report on compatibility of compulsory purchase powers with the European Convention on Human Rights
(1) The Secretary of State must, within one month of the day on which this Act is passed, lay before Parliament a report assessing whether the exercise of compulsory purchase powers by local authorities is compatible with the rights and freedoms set out in the European Convention on Human Rights.
(2) The report must, in particular, consider—
(a) whether current legislative and procedural safeguards adequately protect the right to peaceful enjoyment of possessions under Article 1 of Protocol No. 1 to the Convention (protection of property);
(b) the extent to which affected individuals have access to effective remedies under Article 6 of the Convention;
(c) any patterns of concern arising from recent uses of compulsory purchase powers.
(3) In this section, “the European Convention on Human Rights” has the same meaning as in section 21(1) of the Human Rights Act 1998.”

Type: Opposition

Signatures: 1

Lord Sandhurst (Con - Excepted Hereditary) - 03 Jul 2025

Opposition Whip (Lords)

Member's explanatory statement

This amendment would require the Secretary of State to report on the compatibility of CPOs with the ECHR.

Amendment 227GA

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Clause 106, insert the following new Clause—
“Building regulations: animal and plant habitats and safety
(1) The Secretary of State must, within 18 months of the day on which this Act is passed, introduce regulations under section 1 of the Building Act 1984 (power to make building regulations) to ensure the provision of habitat for, safety of, and opportunities for living and feeding space for nature mammals, birds, reptiles and insects.
(2) Regulations must require animal and plant needs to be considered in designs, the installation of appropriate measures, the use of relevant materials in line with best practice guidance, except where such installation is not practicable or appropriate.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025

Member's explanatory statement

This new clause would require the Secretary of State to introduce regulations to aim to ensure that new buildings provide appropriate habitat and spaces for boosting biodiversity.

Amendment 185T

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

This amendment was NOT MOVED

After Schedule 3, insert the following new Schedule—
“Schedulesection (Permitted development)
PERMITTED DEVELOPMENT AMENDMENT
1 (1)Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) is amended as follows.
(2)In Part 3—
(a)in paragraph MA.1., omit sub-paragraph (1)(e)(i);
(b)In paragraph MA.2.—
(i)for paragraph (2)(a), substitute—
(a)transport impacts of the development (though having regard solely to ensuring the safety of occupiers and users of the public highway);”;
(ii)for paragraph (2)(b), substitute—
(b)contamination risks in relation to development that involves a change of use of the whole or part of the ground floor or the provision of external amenity space at ground level;”;
(iii)for paragraph (2)(c), substitute—
(c)whether the development will be safe for its entire lifetime, taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, whether it will reduce flood risk overall;”;
(iv)for paragraph (2)(f), substitute—
(f)the provision of a satisfactory level of daylight in all habitable rooms of the dwellinghouses to be in accordance with the local design code;”;
(v)for sub-paragraph (5) substitute—
(5)In the absence of pre-commencement conditions, the development must be completed within a period of 2 years starting with the prior approval date.
(5A)In all other cases, the development must be completed within a period of 3 years starting with the prior approval date.”.
(c)after paragraph MA.2, insert—
“Local design codes
(1)Each local planning authority in England must adopt a local design code that shall be used to implement the criteria specified by Class MA.
(2)A local design code must be adopted within 18 months of the day on which the Planning and Infrastructure Act 2025 is passed and must be updated every two years thereafter.
(3)The Secretary of State must publish guidance on the design code, following consultation, and the local planning authority must have regard to this guidance when adopting the code.
(4)A local design code must include—
(a)spatial maps showing height, size and density limits by area or zones relevant to the applicable and specified permitted development rights;
(b)spatial maps showing areas or zones for daylight and privacy separation standards based on BR209 V6 2022;
(c)typology-specific design, height and scale guidance.
(5)When drafting the code, the local planning authority must—
(a)undertake an appraisal which has regard to the spatial policies of the local plan, and
(b)produce a public transport accessibility level toolkit or similar.”.
(3)In Part 20—
(a)in paragraph AA.1—
(i)omit sub-paragraph (za);
(ii)for sub-paragraph (b), substitute—
(b)the building was constructed after 3 years prior to the date of the application for prior approval being made to the local planning authority;”;
(iii)for sub-paragraph (l), substitute—
(l)in the case of Class AA(1)(b) development the height of any replaced or additional plant (as measured from the lowest surface of the new roof on the principal part of the extended building) would (apart from where Building Regulations require otherwise) exceed the height of any existing plant as measured from the lowest surface of the existing roof on the principal part of the existing building;”;
(iv)omit sub-paragraph (o)(vii);
(b)in paragraph AA.2.(1)—
(i)in paragraph (a), at end insert “, having regard solely to ensuring the safety of occupiers and users of the public highway”;
(ii)for paragraph (d), substitute—
(d)whether the development will be safe for its lifetime, taking account of the vulnerability of its users;”;
(iii)in paragraph (e)(i), omit “design and”;
(iv)for paragraph (f) substitute—
(f)the provision of a satisfactory level of daylight in all habitable rooms of the dwellinghouses, if it is not accordance with the applicable local design code;”;
(v)after paragraph (f), insert—
(fa)the scale of the extension, including its height, number of storeys, and floor space, if it does not comply with the applicable local design code;”;
(c)in paragraph AB.1.—
(i)omit sub-paragraph (g);
(ii)for paragraph (i), substitute—
(i)the existing building has been enlarged by the addition of one or more storeys above the original building solely in reliance on permission granted under this Part;”;
(d)in paragraph AC.1.—
(i)omit sub-paragraph (g);
(ii)for paragraph (i), substitute—
(i)the existing building has been enlarged by the addition of one or more storeys above the original building solely in reliance on permission granted under this Part;”;
(e)in paragraph AD.1, for paragraph (i), substitute—
(i)the existing building has been enlarged by the addition of one or more storeys above the original building solely in reliance on permission granted under this Part;”;
(f)after paragraph AD.2., insert the following new paragraph—
“Local design codes
(1)Each local planning authority in England must adopt a local design code that shall be used to implement the criteria specified by classes A, AA, AB, AC and AD.
(2)A local design code must be adopted within 18 months of the day on which the Planning and Infrastructure Act 2025 is passed and must be updated every two years thereafter.
(3)A local design code must include—
(a)a spatial map(s) with height, size and density limits by area or zones relevant to the applicable and specified permitted development rights;
(b)a spatial map(s) showing areas or zones for daylight and privacy separation standards based on BR209 V6 2022 as amended;
(c)typology-specific design, height and scale guidance;
(d)to be based on a Sustainability Appraisal which has regard to the spatial policies of the Local Plan and a Public Transport Accessibility Level (PTAL) toolkit or similar.”.
2 In section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc), at end insert—
“(12) Local planning authorities may recover the cost of preparing and maintaining local design codes through setting out their own fees and charges for processing applications seeking prior approval.
(13) An additional surcharge may only be applied following the publication of their associated costs and any increase in fees must be consulted upon through the preparation and update of local design codes.””.

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Amendment None

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 92, page 121, line 6, at end insert— “(e) a river or stream,

Type: Backbencher

Signatures: 1

Viscount Trenchard (Con - Excepted Hereditary) - 27 Jun 2025

Opposition Amendment None

Tabled: 27 Jun 2025
HL Bill 110 Running list of amendments – 27 June 2025

NO DECISION has been made on this amendment

Clause 92, page 121, line 6, at end insert— “(e) a chalk stream, or (f) a blanket bog.

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 27 Jun 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 3, page 5, leave out lines 28 to 32

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 3, page 8, line 3, leave out subsection (5)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 27, insert the following new Clause- "Extension of permitted development The Secretary of State must, within 12 months of the day on which this Act is passed- (a) make provision for the following to be included as permitted development- (i) upgrading of existing electricity lines from single to three phase; (ii) alteration of conductor type; (iii) increase in the height of distribution network supports to maintain minimum ground clearances under the Electricity Safety, Quality and Continuity Regulations 2002; (iv) increase in the distance of supporting structures by up to 60m from their existing position when replacing an existing overhead line; (v) in relation to new connections from an existing line, an increase in nominal voltage to a maximum of 33kV and related increase in pole heights; (vi) upgrading of existing lines from 6.6kV to 11kV; (vii) installation of additional stays supporting wooden poles; (viii) upgrading of existing apparatus, including the increase of capacity of pole mounted transformers, subject to the provisions of section 37(1) of the Electricity Act 1989 (consent required for overhead lines) and the Electricity Safety, Quality and Continuity Regulations 2002 (S.I. 2002/2665); (ix) temporary placement of a line for a period of up to two years;

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 27, insert the following new Clause – "Zero carbon standard for new homes (1) Within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 to require that new homes must- (a) be built to a net zero carbon building standard, and (b) include provision for solar power generation. (2) Regulations must include a presumption that, as far as is reasonably practicable, new developments will include facilities for the rooftop generation of solar power.”

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 27, insert the following new Clause – "Electricity distribution networks: land and access rights (1) The Secretary of State must, within 12 months of the day on which this Act is passed, 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.”

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 28, insert the following new Clause- "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 achieve net zero greenhouse gas emissions.”

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 28, insert the following new Clause- “Community benefit from major energy infrastructure projects (1) The Secretary of State must by regulations establish a scheme under which communities with a specified connection to a major energy infrastructure project are entitled to financial benefits.

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 45, insert the following new Clause- "Heritage assets (1) The Transport and Works Act 1992 is amended as follows. (2) After section 6(5) insert- "(5A) Rules made under this section must incorporate requirements to reflect the provisions of sections 7 and 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990.””

Type: Backbencher

Signatures: 1

Lord Lansley (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause "New car parks to include solar panels (1) No local planning authority may approve an application for the building of an above-ground car park which does not make the required provision of solar panels. (2) The required provision of solar panels is an amount equivalent to 50% of the surface area of the car park.”

Type: Backbencher

Signatures: 1

Baroness Pidgeon (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Transport)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause- "Local plans and planning applications: flooding (1) Local plans prepared by local authorities must apply a sequential, risk-based approach to the location of development, taking into account all sources of flood risk and the current and future impacts of climate change, so as to avoid, where possible, flood risk to people and property. (2) Local authorities must fulfil their obligations under subsection (1) by (a) applying the sequential test and then, if necessary, the exception test under subsection (7); (b) safeguarding land from development that is required, or likely to be required, for current or future flood management; (c) using opportunities provided by new development and improvements in green and other infrastructure to reduce the causes and impacts of flooding, (making as much use as possible of natural flood management techniques as part of an integrated approach to flood risk management); (d) where climate change is expected to increase flood risk so that some existing development may not be sustainable in the long-term, seeking opportunities to relocate development, including housing, to more sustainable locations. (3) A sequential risk-based approach should also be taken to individual planning applications in areas known to be at risk now or in future from any form of flooding. (4) The sequential test must be used in areas known to be at risk now or in the future from any form of flooding, except in situations where a site-specific flood risk assessment demonstrates that no built development within the site boundary, including access or escape routes, land raising or other potentially vulnerable elements, would be located on an area that would be at risk of flooding from any source, now and in the future (having regard to potential changes in flood risk). (5) Applications for some minor development and changes of use should not be subject to the sequential test, nor the exception test, but should still meet the requirements for site-specific flood risk assessments. (6) Having applied the sequential test, if it is not possible for development to be located in areas with a lower risk of flooding (taking into account wider sustainable development objectives), the exception test may have to be applied. (7) To pass the exception test it should be demonstrated that- (a) the development would provide wider sustainability benefits to the community that outweigh the flood risk, and (b) the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – "Strategic flood risk assessment maps Local planning authorities must ensure that the maps included in their Strategic Flood Risk Assessments are based on the most up-to-date flood risk assessments provided by the Environment Agency.”

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – "Residential buildings on floodplains (1) Local planning authorities must not grant permission for residential properties to be built on functional floodplains or areas at high risk of flooding. (2) An area is a functional floodplain or at high risk of flooding for the purposes of subsection (1) if the Environment Agency assesses it as a Zone 3a or 3b flood zone.”

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause- "Property flood resilience measures: planning permission (1) Planning permission for the building of new homes at higher risk of flooding can only be granted if property flood resilience measures are implemented as part of the construction. (2) For the purposes of implementing subsection (1) and within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 to require that property flood resilience measures are included in any new homes at higher risk of flooding. (3) Property flood resilience measures under this section may include - (a) raised electrical sockets; (b) non-return valves on utility pipes; (c) airbrick covers; (d) resilient wall plaster; (e) any other measure as the Secretary of State may specify."

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – “Agent of change: integration of new development with existing businesses and facilities (1) In this section – "agent of change principle” means the principle requiring planning policies and decisions to ensure that new development can be integrated effectively with existing businesses and community facilities so that those businesses

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause- "Identification and protection of green belt (1) Within two years of the passing of this Act, a local planning authority must identify land within its area which it is necessary to protect from development. (2) It is necessary to protect land from development under subsection (1) if such protection would- (a) limit the expansion of large built-up areas; (b) prevent neighbouring towns merging into one another; (c) preserve the setting and special character of historic towns; (d) encourage the development of previously-developed land in urban areas. (3) A local planning authority may designate as green belt any land identified under subsection (1) as necessary to protect, including undeveloped land within, and green wedges of land that extend into, built up areas. (4) A local planning authority must prevent any development of land designated as green belt under this section for a minimum period of 20 years starting on the day on which it is so designated."

Type: Backbencher

Signatures: 1

Baroness Grender (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – "Permitted development and demolition: assets of community value (1) The Town and Country Planning (General Permitted Development) (England) Order 2015 is amended as follows. (2) In paragraph B.1 of Part 11 of Schedule 2, after sub-paragraph (e) insert- "(f) the building is designated as an asset of community value under the Localism Act 2011."""

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – "Planning: duty of candour After Section 8A of the Town and Country Planning Act 1990, insert — "8B Planning: duty of candour (1) A local planning authority who have the function of determining applications for planning permission or permission in principle shall, in its interactions with applicants and those who make representations in connection to such applications, operate with a duty of candour. (2) A local planning authority operates with a duty of candour where – (a) in general, it acts in an open and transparent way with respect to its decision-making process in determining whether an application should be approved, and in making determinations in connection with the approvals process of such applications; (b) where it has made a decision, including with respect to the approval or otherwise of a planning application, the acceptance or otherwise of submissions or representations with respect to a planning application, or in connection with other activities inherent in the processing of a planning application, it outlines the reasoning for that decision in a way that is (i) publicly accessible; (ii) written in clear language. (3) An officer of a local planning authority shall, in their interactions with elected members of the authority, operate with a duty of candour. (4) An officer of a local planning authority operates with a duty of candour where they explain, clearly, accurately and in accessible language, what the rights and duties of the local planning authority are in respect of any

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – "Gardens Trust to be statutory consultees for planning applications In Schedule 4 of the Town and Country Planning (Development Management Procedure) Order 2015, after paragraph (zf) insert- “(zg) Development likely to affect historic parks or gardens The Gardens Trust"""

Type: Backbencher

Signatures: 2

Lord Inglewood (XB - Excepted Hereditary) - 03 Jul 2025
Baroness Freeman of Steventon (XB - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause- "Rainwater harvesting and recycling (1) A local planning authority may not grant planning permission for a development of houses that does not incorporate rainwater harvesting in its design. (2) For the purposes of this section, rainwater harvesting includes - (a) rain collected from roofs and other surfaces above ground level, and (b) rain collected via a system of above ground pipes and tanks, and cannot include any rainwater harvesting which interferes with normal groundwater flow.”

Type: Backbencher

Signatures: 1

Baroness Hodgson of Abinger (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause "Chief planner (1) The Town and Country Planning Act 1990 is amended as follows. (2) After section 1, insert – “1A Local planning authorities: chief planner (1) Each local planning authority must appoint an officer, to be known as chief planner, for the purposes of their functions as a local planning authority. (2) Two or more local planning authorities may, if they consider that the same person can efficiently discharge, for both or all of the planning authorities,

Type: Backbencher

Signatures: 3

Lord Lansley (Con - Life peer) - 03 Jul 2025
Lord Shipley (LD - Life peer) - 03 Jul 2025
Lord Best (XB - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – “Local planning authority duty: statutory environment and climate change targets In the exercise of any of its planning or development functions, a local planning authority must take all reasonable steps to contribute to – (a) the achievement of targets in sections 1 to 3 of the Environment Act 2021, (b) the achievement of targets set under Part 1 of the Climate Change Act 2008, (c) the programme for adaptation to climate change under section 58 of the Climate Change Act 2008, and (d) the achievement of targets set under the Air Quality Standards Regulations 2010."

Type: Backbencher

Signatures: 1

Baroness Parminter (LD - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – "Preservation of playing fields and pitches (1) A local planning authority must, when exercising any of its functions, ensure the preservation of playing fields and playing pitches. (2) The duty in subsection (1) may, when granting permission for development, be met through the imposition of conditions or requirements relating to- (a) the protection of playing fields or playing pitches affected by the development, or (b) the provision of alternative, additional or expanded playing fields or playing pitches. (3) For the purposes of this section, “playing fields” and “playing pitches” have the same meanings as in the Town and Country Planning (Development Management Procedure) (England) Order 2010.”

Type: Backbencher

Signatures: 1

Lord Addington (LD - Excepted Hereditary) - 03 Jul 2025

Opposition Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 52, page 73, line 24, at end insert- "(6A) A spatial development strategy must- (a) list any rivers or streams identified in the strategy area, (b) identify the measures to be taken to protect any identified rivers or streams from pollution, abstraction, encroachment and other forms of environmental damage, and (c) impose responsibilities on strategic planning authorities in relation to the protection and enhancement of chalk stream habitats.”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 03 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 52, page 73, line 24, at end insert- "(6A) A spatial development strategy must- (a) list any chalk streams identified in the strategy area, (b) identify the measures to be taken to protect any identified chalk streams from pollution, abstraction, encroachment and other forms of environmental damage, and (c) impose responsibilities on strategic planning authorities in relation to the protection and enhancement of chalk stream habitats.”

Type: Backbencher

Signatures: 3

Lord Bishop of Norwich (Bshp - Bishops) - 03 Jul 2025
Earl of Caithness (Con - Excepted Hereditary) - 03 Jul 2025
Viscount Trenchard (Con - Excepted Hereditary) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 52, page 74, line 7, at end insert - "(11A) A spatial development strategy must include policies relating to the provision and protection of land for community gardening and allotments.”

Type: Backbencher

Signatures: 2

Baroness Bennett of Manor Castle (Green - Life peer) - 03 Jul 2025
Lord Gascoigne (Con - Life peer) - 03 Jul 2025

Amendment None

Tabled: 03 Jul 2025
HL Bill 110 Running list of amendments - 3 July 2025

NO DECISION has been made on this amendment

Clause 52, page 74, line 7, at end insert – "(11A) A spatial development strategy must- (a) take account of Local Wildlife Sites in or relating to the strategy area, and (b) avoid development or land use change which would adversely affect or hinder the protection or recovery of nature in a Local Wildlife Site."

Type: Backbencher

Signatures: 1

Baroness Grender (LD - Life peer) - 03 Jul 2025

Liberal Democrat Lords Spokesperson (Environment, Food and Rural Affairs)

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Clause 3, page 5, leave out lines 28 to 32

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 04 Jul 2025

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Clause 3, page 8, line 3, leave out subsection (5)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 04 Jul 2025

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

After Clause 17, insert the following new Clause- "Increasing grid capacity The Secretary of State must, within three months of the passing of this Act, lay before Parliament a plan to- (a) reduce the cost of, and time taken to make, connections to the transmission or distribution system; (b) permit local energy grids.”

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 04 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

After Clause 27, insert the following new Clause – "Extension of permitted development The Secretary of State must, within 12 months of the day on which this Act is passed- (a) make provision for the following to be included as permitted development- (i) upgrading of existing electricity lines from single to three phase; (ii) alteration of conductor type; (iii) increase in the height of distribution network supports to maintain minimum ground clearances under the Electricity Safety, Quality and Continuity Regulations 2002; (iv) increase in the distance of supporting structures by up to 60m from their existing position when replacing an existing overhead line; (v) in relation to new connections from an existing line, an increase in nominal voltage to a maximum of 33kV and related increase in pole heights; (vi) upgrading of existing lines from 6.6kV to 11kV; (vii) installation of additional stays supporting wooden poles; (viii) upgrading of existing apparatus, including the increase of capacity of pole mounted transformers, subject to the provisions of section 37(1) of the Electricity Act 1989 (consent required for overhead lines) and the Electricity Safety, Quality and Continuity Regulations 2002 (S.I. 2002/2665); (ix) temporary placement of a line for a period of up to two years;

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 04 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 04 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 04 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 04 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Type: Backbencher

Signatures: 1

Earl Russell (LD - Excepted Hereditary) - 04 Jul 2025

Liberal Democrat Lords Spokesperson (Energy and Climate Change)

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

After Clause 47, insert the following new Clause- “Deregulation of low hazard reservoirs Within six months of the day on which this Act is passed, the Secretary of State must publish an assessment of the impact of the current regulatory regime for low hazard reservoirs, and set out proposals for the deregulation of such reservoirs to facilitate their construction."

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer) - 04 Jul 2025

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Clause 48, page 63, line 2, at end insert – “(7) In section 303ZA of the Town and Country Planning Act 1990 (fees for appeals), after subsection (3) insert - "(3A) Any monies collected and regulations made under this section in relation to the Planning Inspectorate must be for the sole purpose of being used in connection with its functions in relation to appeals under this Act and the Planning (Listed Buildings and Conservation Areas) Act 1990.”.”

Type: Backbencher

Signatures: 1

Lord Banner (Con - Life peer) - 04 Jul 2025

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Clause 48, page 63, line 2, at end insert- "(7) In section 303ZA(2) of the Town and Country Planning Act 1990 (fees for appeals), after paragraph (a) insert- "(aa) make provision for optional fees payable by appellants in return for a fast-track appeal process in which, notwithstanding section 319A (determination of procedure for certain proceedings: England), the appellant has the right for their appeal to be heard at a public local inquiry, the dates of which shall not be imposed by the Planning Inspectorate without the consent of the appellant, and the determination of which shall be no longer than five months after the appeal was made unless the Appellant agrees otherwise in writing;""."

Type: Backbencher

Signatures: 1

Lord Banner (Con - Life peer) - 04 Jul 2025

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

Clause 51, page 69, line 8, leave out from “apply” to end of line 11

Type: Backbencher

Signatures: 1

Lord Cameron of Dillington (XB - Life peer) - 04 Jul 2025

Amendment None

Tabled: 04 Jul 2025
HL Bill 110 Running list of amendments - 4 July 2025

NO DECISION has been made on this amendment

After Clause 51, insert the following new Clause – "New car parks to include solar panels (1) No local planning authority may approve an application for the building of an above-ground car park which does not make the required provision of solar panels.

Type: Backbencher

Signatures: 1

Baroness Pidgeon (LD - Life peer) - 04 Jul 2025

Liberal Democrat Lords Spokesperson (Transport)

Amendment None

Tabled: 09 Jul 2025
HL Bill 110 Running list of amendments – 9 July 2025

NO DECISION has been made on this amendment

Clause 94, page 123, line 6, at end insert— "(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments."

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 09 Jul 2025

Amendment None

Tabled: 09 Jul 2025
HL Bill 110 Running list of amendments – 9 July 2025

NO DECISION has been made on this amendment

Clause 94, page 123, line 14, at end insert— "(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments."

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 09 Jul 2025

Amendment None

Tabled: 09 Jul 2025
HL Bill 110 Running list of amendments – 9 July 2025

NO DECISION has been made on this amendment

Clause 94, page 123, line 21, at end insert— "(c) the funding and financing of development proposals, which may extend to the issuance of bonds, debt or similar financial instruments."

Type: Backbencher

Signatures: 1

Lord Fuller (Con - Life peer) - 09 Jul 2025

Amendment None

Tabled: 09 Jul 2025
HL Bill 110 Running list of amendments – 9 July 2025

NO DECISION has been made on this amendment

Clause 95, page 124, line 2, at end insert— "(ii) after paragraph (c) insert – "(ca) to undertake modelling and simulation (to Building Information Management level 3 standards) to demonstrate the effect of activities carried out under paragraph (b) and (c);””"

Type: Backbencher

Signatures: 3

Baroness Miller of Chilthorne Domer (LD - Life peer) - 09 Jul 2025
Lord Lucas (Con - Excepted Hereditary) - 09 Jul 2025
Viscount Hanworth (Lab - Excepted Hereditary) - 09 Jul 2025

Amendment None

Tabled: 10 Jul 2025
HL Bill 110 Running list of amendments – 10 July 2025

NO DECISION has been made on this amendment

Clause 58, page 93, line 32, leave out subsection (1)

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer) - 10 Jul 2025

Amendment None

Tabled: 10 Jul 2025
HL Bill 110 Running list of amendments – 10 July 2025

NO DECISION has been made on this amendment

Clause 58, page 93, line 38, at end insert- "(ca) the land use framework,”

Type: Backbencher

Signatures: 1

Lord Cameron of Dillington (XB - Life peer) - 10 Jul 2025

Opposition Amendment None

Tabled: 10 Jul 2025
HL Bill 110 Running list of amendments – 10 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 12, at end insert- “(6A) The Secretary of State may choose not to make the EDP if the Secretary of State reasonably considers that the EDP would be contrary to the public interest.”

Type: Opposition

Signatures: 1

Lord Roborough (Con - Excepted Hereditary) - 10 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Opposition Amendment None

Tabled: 10 Jul 2025
HL Bill 110 Running list of amendments – 10 July 2025

NO DECISION has been made on this amendment

Clause 60, page 96, line 14, at end insert- "(8) Where the Secretary of State chooses not to make an EDP, the Secretary of State must also seek to return any land obtained under a compulsory purchase order for the purposes of the EDP to the original owner.”

Type: Opposition

Signatures: 2

Lord Roborough (Con - Excepted Hereditary) - 10 Jul 2025

Shadow Minister (Environment, Food and Rural Affairs)

Earl of Caithness (Con - Excepted Hereditary) - 10 Jul 2025

Planning and Infrastructure Bill

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