Planning and Infrastructure Bill

(Limited Text - Ministerial Extracts only)

Report stage
Monday 27th October 2025 Lords Chamber

[Lord Jamieson (Con)]

My Lords, Amendment 90, tabled by my noble friend Lord Lansley, speaks to the theme that has run through many of our recent discussions in your Lordships’ House: the importance of how we plan and distribute development for employment, industrial, logistics and commercial purposes, along with housing.

We agree that this is instrumental in determining the appropriate land use and, in turn, the housing requirements across an area. It is vital that the Government set out clearly how they intend to ensure proper alignment between infrastructure provision, job creation, housing developments and the facilities that those residents will need. Without that alignment, we risk producing plans that are unbalanced: areas with homes but no employment, and economic zones with no housing or supporting transport that would make them viable.

I am therefore thankful that this sentiment was shared by the noble Baroness, Lady Thornhill, when she spoke to her own Amendment 92. She said that a spatial development strategy should have a clear vision for an area and rightly highlighted the importance of design, both at the more strategic level and—as my noble friend Lady Hodgson said earlier—of the individual properties and the area within which they occur. It sounds like we are very much in agreement.

We talk about housing and infrastructure on the face of the Bill. The Minister may say, “Oh, don’t worry, this is all in planning guidance”, but if the Bill is good enough to mention housing and infrastructure then why not also that key component of distribution, industry and commercial space that goes hand in hand with the need for housing?

As I have made clear, we cannot look at housing and infrastructure in isolation. It would be absurd not to look at the distribution of industrial, logistics, commercial, leisure and retail facilities. I ask the Minister for an assurance that these will be included in the spatial development strategies.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, before I address the amendments, I should say that I circulated a diagram of the respective responsibilities of, and links between, spatial development strategies, local plans and neighbourhood plans that I hope was helpful to noble Lords in our consideration of the Bill.

Amendment 90, tabled by the noble Lord, Lord Lansley, proposes to expressly allow a spatial development strategy to set out an amount or distribution of development for employment, industrial, logistics or commercial purposes. I fully recognise the intention behind the amendment, but it is not necessary. That is because new Section 12D(1) already requires spatial development strategies to include a statement of the strategic planning authority’s policies, however expressed, on land use and development that are of strategic importance to the strategy area. In fulfilling this requirement, I would expect strategic planning authorities to address employment, industrial, logistics and commercial development needs. That has been demonstrated in, for example, the London Plan, which operates under comparable legislative provisions.

To respond to the noble Lord, I add that our intention is for the National Planning Policy Framework, which we will consult on this year, to set out explicit policies for how employment, industrial, logistics, commercial and other issues are intended to be addressed, including through spatial development strategies. I hope that is helpful.

Amendment 92, tabled by the noble Baroness, Lady Thornhill, proposes that spatial development strategies include a design vision for the strategy area developed in collaboration with both the local community and other stakeholders. I have outlined previously in our debates the importance that the Government place on good design of new homes. We would expect any detailed design requirements to be set by local planning authorities and neighbourhood planning groups through their local and neighbourhood plans, as these will allocate specific sites. I therefore ask noble Lords not to press their amendments.

[Lord Lansley (Con)]

My Lords, I apologise: I should when I first rose, as it was the first time I spoke on Report today, have drawn attention to my registered interests relating to the chairmanship of development forums in both Cambridgeshire and Oxfordshire. I thank noble Lords for their support for the amendment. I am very grateful for the additional points that were made.

I am grateful for what the Minister said. I do not doubt that it is possible to put the necessary guidance into the National Planning Policy Framework. Indeed, I hope that when we see the revision of the NPPF before the end of the year we will see something akin to the guidance relating to plan-making but related to the making of spatial development strategies. I humbly say to the Minister what I said previously, along with my noble friend Lord Jamieson, about the importance of relating the question of the amount and distribution of housing to the spatial strategy in relation to employment, industry, logistics and the opportunities for inward investment, frankly. I cannot see any reason why that should not be quite explicit in the NPPF and therefore carried forward into requirements on SDS authorities. It is absolutely in the Government’s interest to do that. If growth is their number one priority, and planning reform is essential to that, then getting spatial development strategies up and running in ways that focus on this would be absolutely at the heart of it.

With those further requests to the Minister for future action, I beg leave to withdraw the amendment.

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[Lord Roborough (Con)]

My Lords, I shall speak to the amendments in the names of the noble Baroness, Lady Grender, and the right reverend Prelate the Bishop of Norwich. I am grateful for their excellent, informative introductions. We on these Benches tabled similar amendments in Committee. The amendments share a vital purpose: to ensure that our planning system gives proper recognition and protection to chalk streams, one of our most distinct and rarest natural habitats. These streams help define our landscapes, support unique biodiversity and supply water to many communities. The amendments would require spatial development strategies to identify and protect chalk streams, setting out the responsibilities for planning authorities in their stewardship.

These are sensible, constructive proposals and I am grateful to those who have tabled and supported them. We will support the right reverend Prelate the Bishop of Norwich if he divides on his amendment this evening. Will the Minister say whether she considers chalk streams to be irreplaceable habitats, like ancient woodlands, and therefore deserving of similar policy protection? The case for stronger recognition of chalk streams within our planning system is compelling. They are an irreplaceable part of our natural heritage and a globally important asset, and the way we plan for growth must reflect that.

I hope the Minister has heard the House and will be able to accept these amendments, and explain, as the noble Baroness, Lady Willis, and my noble friend Lord Caithness have asked, why our chalk stream restoration strategy is on hold.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Grender, and the right reverend Prelate the Bishop of Norwich for Amendments 93 and 94, which propose additional statutory obligations for strategic planning authorities in relation to the identification and safeguarding of chalk streams. With 85% of the world’s chalk streams found in England, these unique water bodies are not just vital ecosystems but are indeed a symbol of our national heritage. The Government are committed to restoring them, which is why we are taking a strategic approach to restoring chalk streams. Working in partnership with water companies, investors and communities, the Government will introduce a new water reform Bill to modernise the entire system so that it is fit for purpose for decades to come. This is essential to restoring chalk streams to better ecological health and addressing the multiple pressures facing these habitats.

Alongside the programme of ambitious reforms, the Government are continuing to deliver vital improvements and investment for chalk streams, including £1.8 million through the water restoration fund and water environment improvement fund for locally led chalk stream projects. Over the next five years, water companies will spend over £2 billion on chalk stream restoration.

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21:08

Division 4

Ayes: 196

Noes: 137

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Moved by

[Baroness Scott of Bybrook]

96: Clause 52, page 73, line 29, 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.”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.

[Baroness Scott of Bybrook (Con)]

My Lords, we have tried every way possible over a number of years to ensure that brownfield sites are used for development, over and above our precious agricultural land. This is not working, so something addressing it needs to be put in statute. Therefore, I seek to test the opinion of the House on Amendment 96.

21:20

Division 5

Ayes: 166

Noes: 139

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[Baroness Pinnock (LD)]

My Lords, the noble Lord, Lord Lansley, has raised a very important issue that the Government need to think about, but, as the noble Lord explained, the issue relates not only to the new combined county authorities with a mayor that will be created following reorganisation; it will also affect the metropolitan mayoral authorities, where the mayors will be given the new power for a spatial development strategy but where the constituent local authorities will inevitably have their own local plan, which will not necessarily have any coterminosity in terms of their duration. There is a dual issue for the Government to consider, which is: which has primacy—a constituent authority’s local plan until its term ends, or the spatial development strategy, which might override the local plan, which would then require, presumably, an amended local plan and all the effort that would have to go into that? An important issue has been raised, and I suspect that the Government need to come up with a solution.

[Baroness Scott of Bybrook (Con)]

My Lords, on these Benches, we are actually engaging with the industry about this to understand its concerns. I do not want to say anything further on it this evening, apart from expressing my full support for my noble friend Lord Lansley. We will return to this issue for a much fuller discussion in a later group of amendments that we have tabled.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 97A, tabled by the noble Lord, Lord Lansley, seeks to ensure that any spatial development strategy that had been prepared by an authority remains in place for the strategy area following the restructure of the strategic planning authority; the strategy could not be replaced or substantially altered within five years of its adoption unless the Secretary of State authorised a strategic planning authority to do so. Given that the Government are currently undertaking an ambitious programme of local government reorganisation in England, I understand why the noble Lord seeks to make provision to account for this and ensure a degree of continuity for an operative spatial development strategy.

However, new Section 12T empowers the Secretary of State to include transitional provisions in strategic planning board regulations. This power complements existing powers to make transitional provision in regulations to reflect changes to local government organisation. If a local government reorganisation leads to uncertainty over the boundaries of a spatial development strategy or its applicability to an area, it is more suitable to address this through tailored transitional provision in regulations rather than through primary legislation. This means that the effects of local government reorganisation can be considered on a case-by-case basis.

Preventing a strategic planning authority from replacing or significantly revising its spatial development strategy until five years after its adoption following local government reorganisation would restrict its ability to respond to major national policy changes or new major investment in its area. Strategic planning authorities are well placed to determine when updates to their strategies are necessary and should retain the discretion to do so. Given this, I would respectfully ask the noble Lord to withdraw his amendment.

[Lord Lansley (Con)]

My Lords, I am most grateful to noble Lords—particularly the noble Baroness, Lady Pinnock—for their support, and to the Minister for her response. I completely understand that the Minister does not want to close down the possibility of alterations to spatial development strategies, which this might do. I hope that we might look at the transitional provisions, and I hold in my head the thought that if we can see those—in relation to the making of spatial development strategies and the impact of local government reorganisation—and if we have a problem, even if we do not deal with it in this Bill, it would be within the scope of the English Devolution and Community Empowerment Bill to be able to deal with it at a later stage. Therefore, I beg leave to withdraw Amendment 97A.

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[Lord Jamieson (Con)]

My Lords, we have just heard from my noble friend Lord Lansley and the noble Baroness, Lady Pinnock, of the value and importance of neighbourhood plans. They are not blockers to development; they allow local communities to determine their priorities. In many cases, as we have seen since their introduction under the Localism Act 2011, we have seen more rather than less housing, which suggests that, when working with communities, we can deliver better outcomes.

My noble friend Lord Lansley is, once again, right to highlight the value of local councils’ provisions within the Levelling-up and Regeneration Act. They were designed not only to deliver more homes but to empower local people. I am still none the wiser as to which parts of the Levelling-up and Regeneration Act the Government are in favour of and which they are not. I would be grateful if the Minister could enlighten this House.

On Amendment 127, tabled by the noble Baroness, Lady Pinnock, we have already spoken of the value of local and neighbourhood plans. The sentiment she raised is, once again, of real value to this debate. We on these Benches consider this an important topic. I am conscious of the limited time available on Report to scrutinise these matters further, but I hope that the Minister will set out the Government’s broader views on them.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendments 99 and 108 in the name of the noble Lord, Lord Lansley, return to measures in the Levelling-up and Regeneration Act 2023. As your Lordships will recall, in Committee, I advised the House that the Government consider that the best time to commence the provisions of Sections 98 and 100 of that Act is alongside our wider reforms to the local plan-making system, as the noble Lord, Lord Lansley, mentioned.

Amendment 108 would advance the date of commencement ahead of those connected reforms, bringing them into force on the day on which the Bill is finally enacted. However, we continue to believe that a co-ordinated approach to commencement will be most helpful to planning authorities and we do not consider there is a case for advancing these provisions ahead of our wider timetable.

Amendment 99 deals with neighbourhood priorities statements. This is another measure provided for in the Levelling-up and Regeneration Act 2023, so this amendment is not required if we want to bring them into force. However, at this stage, we want to ensure our new local plan-making system is working as it should before considering adding the introduction of neighbourhood priorities statements.

Neighbourhood planning groups are welcome and are encouraged to contribute their views during the preparation of local plans. The expertise developed through the preparation of neighbourhood plans already allows them to make thoughtful and constructive contributions that local authorities should consider carefully. In common with the noble Lord, the Government continue to believe that neighbourhood planning groups can make a valuable contribution across the planning system. However, we are not yet convinced that a statutory approach is required to enable that contribution. As such, I hope the noble Lord will feel able to withdraw his amendment.

I thank the noble Baroness, Lady Pinnock, for Amendment 127, which seeks to introduce a requirement into the development consent order process for the Secretary of State to consider neighbourhood plans when determining nationally significant infrastructure projects, and to empower her to limit variations to those plans. Neighbourhood plans are indeed a vital part of the planning system, giving communities a voice in shaping development in their areas. I fully recognise that the spirit of this amendment is rooted in a desire to strengthen that voice, particularly in the context of large-scale infrastructure projects that, as we all know, can have significant local consequences. It reflects a genuine concern that local priorities should not be overlooked in the pursuit of national objectives. However, as I sought to set out during earlier debates, the Government maintain their position that this amendment is unnecessary. The DCO process has been carefully designed to ensure that decisions on NSIPs can balance national priorities with local impacts and be made in a timely manner.

Neighbourhood plans form part of the development plan, which is the starting point in making decisions on planning applications in the Town and Country Planning Act regime. This is well established and, although there are occasions where departures from neighbourhood plans are warranted, it is part of the planning balance with which local planning authorities and planning inspectors are familiar. We recognise that, where a departure from a neighbourhood plan occurs, it can be frustrating for the community. I understand that, but this is part of the planning system working as it should.

For NSIPs, the primary policy framework remains the national policy statements, which set out the need for such projects and provide guidance for both promoters and decision-makers. As noble Lords know, national policy statements are subject to public consultation and parliamentary scrutiny. I am very confident that the Planning Act 2008 already embeds a sufficient number of safeguards to ensure that local views are considered.

Local communities and authorities can participate in the examination process, submit representations as part of this and provide local impact reports. These processes ensure that information about local concerns, including impacts of the proposed NSIP, is available to the examining authority and the Secretary of State. Local impact reports, along with any other matters deemed important and relevant, including neighbourhood plans, must be taken into account by the Secretary of State as part of decision-making.

Where a relevant NPS is in effect, the Secretary of State is legally required to determine applications in accordance with it, unless specific statutory exceptions apply. Introducing an additional requirement, as proposed in this amendment, risks undermining the clear operation of the decision-making obligation on the Secretary of State and could prevent the Government’s objective of building more infrastructure that the country desperately needs.

This amendment also proposes that the Secretary of State be able to make variations to neighbourhood plans. Under the existing process, the Secretary of State does not play any role in approving neighbourhood plans; they are a matter entirely within the jurisdiction of local authorities. This fundamentally underpins local democracy in the planning system. It would therefore not be appropriate to confer powers on the Secretary of State to vary them, as this rightly remains a matter for local communities.

The Government’s position on this matter remains unchanged from Committee. The existing statutory framework already provides the necessary mechanisms to ensure that neighbourhood plans are considered where appropriate. For these reasons, I hope that the noble Baroness will not press her amendment.

[Lord Lansley (Con)]

My Lords, I am grateful for all the contributions to this short debate. The effect of Amendment 108 on neighbourhood development plans would be to commence them when this Act is passed. I suspect that means it would be commenced in November. I hope the Minister is saying that the Government intend that these provisions commence alongside the new revision of the National Planning Policy Framework that we normally receive as a Christmas present, just before Christmas. There might only be a matter of weeks between those two dates, so I will not stress about that at this stage.

As far as Amendment 99 is concerned, there is still a role for neighbourhood priority statements, but this is absolutely something we can come back to under the English devolution Bill. When we see what effective neighbourhood governance is, that will include an ability to make these statements in relation to development and planning in the area of a given neighbourhood. On that basis, I beg leave to withdraw the amendment.

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[Baroness Grender (LD)]

My Lords, I thank the noble Baroness, Lady McIntosh of Pickering, for yet again raising the flag on flooding—all strength to her— and the noble Baroness, Lady Willis of Summertown, for adding her name. These amendments are clearly designed to address the escalating risks of flooding by embedding precise statutory safeguards into local planning.

Amendment 100 would convert the existing sequential test and the exception test from mere guidance into a legal requirement for local plans. The effect would be direct. Local authorities would be obliged to locate development according to robust risk-based criteria. Our colleague in the House of Commons, Gideon Amos MP, talked in Committee there at some length on this issue and highlighted the dangers where planning permission is still granted for homes on functional flood plains and high-risk areas, often with households left uninsured and exposed to the heartbreak and terrible experience that we discussed a great deal in Committee. Amendment 100 would also mandate the incorporation of sustainable drainage systems, SUDS, except where demonstrably unsuitable. A lack of statutory backing for SUDS, as the APPG on flooded communities has made clear, continues to compromise local flood resilience.

Amendment 101 speaks to the need for reliable current evidence in planning and stipulates that strategic flood risk assessments, SFRAs, must be based on the latest available data from the Environment Agency. On these Benches, the one question we have about it is the level of burden and expectation on local authorities, which already have so many burdens and expectations, but the further burden on households and families of flood risks and living in homes that are built on flood plains without due care is obviously so significant that we cannot ignore it. These amendments establish enforceable statutory standards and require some practical action, and I look forward to hearing the Minister's response.

[Baroness Scott of Bybrook (Con)]

My Lords, Amendments 100 and 101, tabled by my noble friend Lady McIntosh of Pickering, are sensible and pragmatic proposals. As the Minister acknowledged in Committee, the risk of flooding is increasing rapidly, and it is happening now. It is therefore entirely right that our planning framework should embed flood risk prevention and resilience more firmly at every stage, from local plans to individual applications, and I hope the Minister will give these amendments serious consideration and can reassure the House that stronger statutory safeguards against flood risk could still be part of this Bill.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 100 proposes placing the sequential and exception tests on a statutory footing. I thank the noble Baroness, Lady McIntosh, for her amendment. We share the view that these policies play a fundamental role in directing development away from areas at the highest risk of flooding, but it is equally fundamental that we retain our ability to adapt the position in response to emerging evidence and changing circumstances. National planning policy already plays a critical role in the planning system, being a framework which both plan-makers and decision-makers must have regard to. Enshrining these tests in statute would not only unnecessarily duplicate the policy but also make it harder to adapt and refine our approach over time. Our policy and guidance do not stand still. Guidance on the flood risk sequential test was updated only last month, and we have committed to publishing an even clearer set of national decision-making policies for consultation by the end of this year. This will include updated policies on flood risk.

Amendment 101, on strategic flood-risk assessment maps, would require local authorities to base their assessments on the most current data from the Environment Agency. As previously outlined to the House, this is already established practice. The Environment Agency updated the national flood risk assessment in 2024 and the flood map for planning in 2025, based on the latest national flood risk assessment data. For the first time, the flood map displays surface-water risk and information on how climate change may affect future flood risk from rivers and seas.

The new national flood risk assessment also allows for continuous improvement of data quality. The Environment Agency intends to update flood risk data quarterly and coastal erosion data annually, as well as refining its modelling to increase data and mapping coverage from 90% to 100%. The Environment Agency also has a long-term strategic partnership with the Met Office, called the Flood Forecasting Centre, which forecasts all natural forms of flooding, including from rivers, surface water, groundwater and the sea, to support national flood resilience in a changing climate. Local authorities must use the latest available data when preparing their assessments, and the Environment Agency routinely updates its flood-mapping tools.

Nevertheless, I wish to reassure the noble Baroness that these concerns are being listened to. The Government are committed to reviewing whether further changes are needed to better manage flood risk and coastal change through the planning system as part of the forthcoming consultation on wider planning reform later this year. I therefore kindly ask the noble Baroness to consider withdrawing her amendment.

[Baroness McIntosh of Pickering (Con)]

I am most grateful to all those who have spoken, especially the noble Baronesses, Lady Willis of Summertown and Lady Grender. I thank my noble friend Lady Scott for her support. I have some reassurance from what the Minister said, but I think she will accept my concern that a sequential test is not carried out in every case. That is why I would prefer a statutory footing, but I heard what she said.

The noble Baroness, Lady Willis, put her finger on it when she said that surface water is the most common source of flooding, yet it is underestimated. There is one question still on the table that I shall keep under review. If there is another water Bill coming down the road, we can return to this to make sure that local authorities have access to the best possible data— I think the Minister in her reply said they do—right down to street level. I welcomed the Flood Forecasting Centre; that has made a huge difference, and I hope that that the quarterly and annual reporting will make a difference. With those few remarks, I beg leave to withdraw my amendment.

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[Lord Jamieson (Con)]

My Lords, again, we appear to have quite a lot of consensus across the House on these issues of culture and heritage. There is a theme running through these proposals: how our planning system recognises and safeguards that which makes our places special and gives them their identity—our cultural life, our heritage and our historic environment. These are not peripheral concerns; they are central to the quality and distinctiveness of the communities we build.

On Amendment 102 from the noble Earl, Lord Clancarty, we understand and share the impulse to protect cultural venues and creative spaces, which so often lie at the heart of local cultural economies. These places are cherished by local people, local families and local businesses. Can the Minister advise whether the Government have considered reviewing the existing scheme under the Localism Act to examine how cultural uses can be better supported within it?

The amendments in the name of my noble friend Lord Parkinson of Whitley Bay, on the commencement of heritage provisions in the Levelling-up and Regeneration Act and on the role of historic environment records, are sensible and timely. The heritage clauses of the Act were hard won, and it is only right that they should now be brought into effect without delay. Will the Minister assure the House that this will be the case?

We also agree that there must be proper parliamentary scrutiny of listed building consent orders. We again support the view that existing legislation should be progressed, as outlined by my noble friend Lord Parkinson of Whitley Bay.

Our planning system must enable growth, investment and the delivery of infrastructure, but it must also safeguard that which makes places worth living in.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am not going to mention any international superstar bands this evening for fear of getting myself into any more hot water with the Guardian. However, though it is probably a bit late at night to score political points, I gently remind the noble Baroness, Lady Pinnock, that her party was in government after 2010 when those funding cuts were made. I remind the noble Lord, Lord Jamieson, of the same issue. Our Government are committed—

[Lord Jamieson (Con)]

I remind the Minister of the state that her party left the economy in.

[Lord Hunt of Kings Heath (Lab)]

Does my noble friend recollect that we left an economy growing by 2%; they crashed it with their ludicrous austerity drive in 2010?

[Baroness Taylor of Stevenage (Lab)]

It was the austerity programme that kicked the stuffing out of local government’s ability to support the cultural life of our country. I was there, so I remember that happening.

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22:37

Division 6

Ayes: 46

Noes: 133

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[Noble Lords]

Hear, hear!

[Baroness Scott of Bybrook (Con)]

Hear, hear to the noble Baroness, Lady Pinnock. I had a lot to say but I do not think I need to say it. My noble friends Lord Banner and Lord Lansley, and the noble Lords, Lord Carlile and Lord Hunt, have said everything that can be said about this.

The amendments just seek to restore clarity and flexibility, ensuring that large schemes are not paralysed by legal technicalities. They would allow practical adjustments to be made, while fully preserving the principle of proper planning control. Surely that is what we want to deliver. We are not wedded to a precise drafting at this time—the Government are free to bring forward their own version—but I urge the Minister to please get on with it.

Without a clear mechanism to adapt site-wide permissions, investment is stalling and will continue to stall, projects will be abandoned, as they are being abandoned now, and the planning system itself will be discredited by outcomes that make very little sense on the ground. Down on the ground is where they are building houses—there will be fewer houses built, and more houses are needed. We need to get on with it. I urge the Government to commit to a good solution in this Bill and not to push it down the road.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I hesitate to step into this very knotty lawyer’s wrangle, but it is necessary to do so because our common aim across the House is to sort out Hillside. We all know why we need to do that. As the noble Lord, Lord Banner, said, it is symbolic of all the issues that we are trying to get out of the way so that we can get on with the development that this country needs.

I thank the noble Lord, Lord Banner, for tabling Amendment 105—a repeat of his amendment from Committee that seeks to overturn the Hillside judgment—and for his new Amendment 113, which responds to some very constructive discussions we have had since Committee.

As I said in Committee, we recognise that the Hillside judgment, which confirmed long-established planning case law, has caused real issues with the development industry. In particular, it has cast doubt on the informal practice of using “drop in” permissions to deal with change to large-scale developments that could build out over quite long periods—10 to 20 years.

We have listened carefully to views across the House on this matter, and I appreciate the thoughts of all noble Lords who have spoken in this useful debate. One seasoned planning law commentator—I do not think it was the noble Lord, Lord Banner, or the noble Lord, Lord Carlile—called Hillside a “gnarly issue”, and it has attracted a lot of legal attention. It is very important that we tread carefully but also that we move as quickly as we can on this.

Therefore, in response to the concerns, the Government propose a two-step approach to dealing with Hillside. First, we will implement the provisions from the Levelling-up and Regeneration Act for a new, more comprehensive route to vary planning permissions—Section 73B. In practice, we want this new route to replace Section 73 as the key means for varying permissions, given that Section 73 has its own limitations, which case law has also highlighted. The use of Section 73B will provide an alternative mechanism to drop-in permissions for many large-scale developments—although we recognise not all.

Secondly, we will explore with the sector the merits of putting drop-in permissions on a statutory footing to provide a further alternative. This approach will enable provision to be made to make lawful the continued carrying out of development under the original permission for the large development, addressing the Hillside issue. It will also enable some of the other legal issues with drop-in permissions to be resolved.

In implementing Section 73B and exploring a statutory role for drop-in permissions to deal with change to large-scale developments, I emphasise that we do not want these routes to be used to water down important public benefits from large-scale development, such as the level of affordable housing agreed at the time of the original planning permission. They are about dealing with legitimate variations in a pragmatic way in response to changing circumstances over time.

Amendment 113 seeks to provide an enabling power to address Hillside through affirmative secondary legislation. I recognise that this provision is intended to enable the Government to have continued discussions with the sector and then work up a feasible legislative solution through the regulations. As with all enabling powers, the key issue is whether the provisions are broad enough to deal with the issues likely to emerge from these discussions, as hinted at by the noble Lord, Lord Lansley.

Based on the current drafting, this enabling power would not do that. For instance, there have been calls to deal with Hillside in relation to NSIP projects. That would require a wider scope, so we cannot accept the amendment without significant modifications. That is why we think it is best to explore putting drop-in permissions on a statutory footing first and then drawing up the legislation. This will give Parliament time to scrutinise.

To conclude, I hope that the approach I have set out addresses many of the concerns expressed in this debate. I ask the noble Lord not to press his amendments.

[Lord Banner (Con)]

My Lords, in response to the noble Lords, Lord Wigley and Lord Carlile, I will start by clarifying that this is not about the facts of Hillside. That case is dead; fought and lost. This is about the principle.

I am pleased to hear the Minister reiterate the point that it is the common aim of the Government and those of us on this side of the House to resolve Hillside. However, in light of that common aim, I find it baffling that the Government do not take what, as the noble Lord, Lord Carlile indicated, is on the silver tray: the enabling power to deal with this.

Dealing with the two-step approach, Section 73B is extremely limited. It is not going to resolve anything like the lion’s share of cases that have Hillside issues. In relation to the suggestion that future statutory provision may be brought forward to deal with Hillside, well, by which Bill? There are all sorts of briefings and counter-rumours and rumours about the planning Act. One even suggested that I was going to write it. If I were, Hillside would be in it, but I have not been commissioned to write it. Clearly, in the absence of any certainty on the timescale, once again we are kicking the can down the road. The kinds of detailed legal points, such as whether NSIPs should apply, are precisely the kind of things that could be resolved between now and Third Reading. The Prime Minister said that the Government’s aim was to back the builders and not the blockers. I would like to see which Members of this House back the builders and which back the blockers, so I would like to test the opinion of this House.

23:16

Division 7

Ayes: 49

Noes: 110

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[Lord Jamieson (Con)]

My Lords, I support this very sensible amendment. We need to ensure that every local authority has the support of a professional, well-qualified head of planning—a chief planner. If we are going to have sensible planning, we need this. I recall a comment earlier—but I do not remember who said it—about the hydra of planning; it becomes more and more complex, and this Bill, frankly, is not helping particularly. Having a qualified head of planning, a chief planner, is critical if we are going to maintain and develop planning, as other noble Lords have said. I do not think I need to say any more—I am just puzzled why the Government are not accepting this.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 106, tabled by the noble Lord, Lord Lansley, seeks—as we have heard—to make it a statutory requirement for local planning authorities, either separately or jointly, to appoint a suitably qualified chief planning officer. I have also discussed this issue further with the noble Lord, and while I appreciate the sentiment behind the amendment, and I agree it is important for planners to be represented in the leadership of local authorities, I do not consider it to be a matter which we should legislate for at this time.

There are currently more than 300 local planning authorities in England, which vary considerably in the scale and scope of their planning functions. We think it is important for local authorities to be able to determine how best to organise their planning functions, and in practice the role of a chief planner or equivalent already exists. The role of a chief planner is very different within a large unitary authority, such as Cornwall —a county authority which focuses principally on mineral and waste planning matters—and a small district authority.

However, as I said in Committee, I will keep this issue under review as we progress with further reforms to the planning system, and it is something I can discuss with local authorities. With this reassurance, I kindly ask the noble Lord to withdraw his amendment.

[Lord Lansley (Con)]

I am grateful to the Minister, not least for her time in discussing these matters. I do not think we have moved forward, but we continue to be in a position where she has very kindly offered to continue to reflect on this and, indeed, to consult. Maybe, the route forward is for there to be, if not formal, certainly some informal discussion with local authorities about this.

It seems to me—it is getting to be a bit of a theme of mine this evening—that as we enter into the planning reforms, and indeed the local government reorganisation, it will change the nature of the responsibilities of local planning authorities. Increasingly, given the position where the planning function occupies a leading role in relation to a range of issues, including infrastructure strategies and economic development activities, it would continue to be a desirable step forward for there to be, as part of the suite of chief officers of any local planning authority, a planner at the heart of their functions.

That said, if the Minister is willing to continue to reflect, and we have the standby option that we can revisit this in the English Devolution and Community Empowerment Bill—it seems to me that we can, because it will be within the scope of the reorganisation of local government to think about who the statutory officers of those authorities should be—I will take the opportunity this evening, it being a late hour, not to press this at this stage. I beg leave to withdraw Amendment 106.

--- Later in debate ---

23:41

Division 8

Ayes: 24

Noes: 93