Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Baroness McIntosh of Pickering

Report stage
Monday 20th October 2025 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for this opportunity to speak to my Amendment 2 and, I hope, to extract a reassurance from the Minister in this short debate. The amendment looks at how it is expected that nationally significant infrastructure projects will operate in the planning process as set out in the Bill. I am not satisfied with the way that the process has been set out, and therefore the thrust of Amendment 2 is to call for a potential review, during the course of which the Secretary of State should assess the

“cumulative impact of nationally significant infrastructure projects on … the environment”

and, in particular,

“residents living in areas in which such projects are being developed”.

I first raised this issue on one of the statutory instruments giving effect to the clean energy Act. I was very grateful to the then Minister, the noble Lord, Lord Hunt, for explaining to me how cumulative impact was meant to operate. It is clear that the cumulative impact of all the proposals set out in this Bill will be unexpectedly deep and wide for all those living in rural areas, yet their opportunities to be involved in the process will be curtailed if the Bill proceeds in its present form. This relates a little to the previous debate on the purpose of the Bill, because I believe that if the Bill is to function well—as I am sure the whole House would wish, having spent however many hours on it in Committee—it should ensure that it operates effectively.

I am deeply uneasy that the thrust of the proposals on nationally significant infrastructure projects are to benefit those living in the deep south of England and London, to the specific disbenefit of rural residents across the whole of the north of England. I hope noble Lords will appreciate that this amendment relates not so much to the housebuilding aspects of the Bill as to nationally significant infrastructure projects in the energy sector. I am thinking in particular of solar farms and the unimaginable scale currently foreseen.

This is not unique to this country. I follow developments in Denmark very closely. For the first time ever, a solar farm was going to be created in a deeply rural part of the northern mainland of Denmark, Jutland, but a very effective campaign, under rules in Denmark that are very favourable to this type of project, has been so successful that I am delighted to say that the project will not go ahead. I envisage similar concerns in this country once the full impact of the Bill is known.

My main concern, as the Bill is currently drafted, is this question to the Minister: should there not be a requirement that the cumulative impact assessment should be included in the local plan? My understanding is that currently that is not the case. If that is so, why is there no specific provision in either the planning applications or the Bill itself that such an assessment should be included in the local plan? Surely it is incumbent on developers, planners and the Planning Inspectorate to ensure that residents will see a joined-up planning application and that we will no longer see what we have seen historically.

For example, if there is an application for an offshore windfarm over here, people living in East Anglia think, “Well, that’s perfectly harmless, it won’t affect me, so that’s fine, it can go ahead”. Suddenly, the second stage of the planning application is to foist on them a major substation that they had no idea was going to be built on their doorstep. Then the third stage of the application is for overhead pylons, which is causing such great concern, particularly in East Anglia and other parts of eastern England: I am thinking here of east Yorkshire.

There have been two if not three Planning Inspectorate policy guidance publications, one in April last year and one in September last year. The Government are bringing forward their own proposals but, as I said earlier, the legislation is currently defective in this regard. What is most concerning about the September 2024 advice is that it specifically states:

“This advice is non-statutory. However, the Planning Inspectorate’s advice about running the infrastructure planning system and matters of process is drawn from good practice and applicants and others should follow our recommendations”.


So I have a further question for the Minister. If the advice published in September last year is non-statutory, how do we know that the advice and guidance will be followed? Surely it should be in the Bill, it should be statutory and it should be spelled out in plain English for all to see and understand, so that, when the fast-track process comes about, everyone knows. While the guidance was welcomed by civil engineers at the time it was published, lawyers were split as to how significant the changes would be for infrastructure developers. That makes me wonder whether it will have any effect whatever.

Therefore, in moving Amendment 2, I conclude by asking the Minister what assurance she can give the House that there will be joined-up planning applications in future. What checks will there be and what penalties will be imposed if the Planning Inspectorate’s advice is not followed in the fast-track procedure? I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, having attached my name to the amendment so ably introduced by the noble Baroness, Lady McIntosh of Pickering, I will speak very briefly to explain why this is something the Government need to address and respond to.

We know that the Government tend to operate in silos and look at one project at a time, without taking a comprehensive view of the overall impact on the country. New paragraph (a) proposed in the amendment focuses on the environment. In the past 10 years or so, we have seen real progress in understanding that we need to think about the landscape on a landscape scale, rather than just going, “We’ve got a nice little protected bit here and a nice little area there”. This amendment starts to get to the issue of thinking on a landscape scale in terms of the environment.

It is not impossible to imagine. Recently, we have become very aware of the importance of corridors through which different populations of wildlife can be linked up. There could be projects where one on its own does not look like it will have a serious impact, but two together would effectively cut off and separate two populations of animals that might already be lacking in genetic diversity and not be able to afford that separation.

Then there are the humans: the “residents living in areas” where the “projects are being developed”, as the proposed new paragraph says. Over the recess, I was speaking to a couple of people very much affected by the Sevington customs facility and the impact of light pollution. This is the sort of thing that we do not think about nearly enough, but where we may see effects on people’s lives build up and up.

The other obvious area where the impacts may be cumulative is traffic. If there are projects for growing and linking together, the impacts of traffic could be absolutely disastrous on the lives of residents in those communities.

So I think this amendment is modest: it just asks the Government to think on a broader scale than I am afraid Governments—very typically—generally do.

Waste Electrical and Electronic Equipment (Amendment, etc.) Regulations 2025

Debate between Baroness Bennett of Manor Castle and Baroness McIntosh of Pickering

Tuesday 15th July 2025 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to the Minister for introducing these regulations, which I warmly welcome and support. In the case of her road haulier friend, I hope that he had good insurance and was able to recover the costs and get back on the road again. I have a couple of questions in order to understand more of the detail of how the regulations will work.

The Minister mentioned Amazon and eBay, but one that keeps bobbing up, although I have never actually used it, is Temu, which seems to be everywhere for everybody. I welcome what the Minister is proposing in respect of online marketplace operators, but my question is how it will work in connection with the electrical goods to which the regulations refer. When one makes a purchase—obviously, I have used one of the companies to which the Minister referred, which I do not want to advertise, as there are others available—at what stage will the regulations kick into effect? How will her department police the operations as smoothly as the regulations envisage?

Paragraph 5.5 of the Explanatory Memorandum clearly states:

“There are difficulties with enforcement of the 2013 Regulations against non-UK based suppliers”.


Obviously, one of the reasons that electrical goods are cheaper online is because the suppliers have not been paying for the costs of disposal. One question, therefore, is: will they now be more expensive as a result of the regulations, although people will be competing more fairly? It is no secret that the rise in online shopping has been one of the greatest challenges to traditional retailers up and down the country, including out-of-town shopping centres and market towns. I personally want to see market towns recover, although I know that there are a number of other issues, including parking. Paragraph 5.5 goes on to say:

“The intention of this SI is to ensure that OMP operators who facilitate these sales into the UK are responsible for those costs, ensuring the costs are distributed more fairly”.


Presumably, the reporting that the statutory instrument is making a requirement will ensure that such operators are in the system, so to speak.

The Minister has identified how flammable and how dangerous some of these items can be. My other question is: what is the normal disposal mechanism for, in particular, e-cigarettes, vapes, heated tobacco products and other similar items? In previous debates on statutory instruments in this very Room, we have discussed how important vaping is in getting people to switch from smoking and in the prevention of smoking in future, although there are obvious dangers where young people are vaping for the first time, which I know the Government are seeking to address.

It seems odd that, originally and currently, e-cigarettes, vapes and heated tobacco products fall within category 7 under the WEEE directive, which category also covers toys and leisure equipment. Will they be recategorised, so that vapes are taken out of that category? The Minister will not remember, but there was a toy safety directive when I was a Member of the European Parliament, and I was even a Member of the European Parliament when the WEEE directive appeared in its first incarnation. The toy safety directive covered such things as teddy bears’ eyes—if a child could eat them, they had to be carefully disposed of—and it impacted charity shops on the high street, which had to deal with them separately.

I should like to understand how these e-cigarettes, vapes and heated tobacco products will be disposed of and what the financial costs of the collection, treatment and recovery are estimated to be. Will the onus be on the user of these products to dispose of them safely and in a responsible manner?

With those few remarks, I wish the Minister well with the regulations, and I hope that they go on to make a positive impact.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. I thank the Minister for her introduction. I have a few specific questions, particularly relating to online marketplaces.

We can probably all come up with a list of half a dozen large websites that we would expect to be selling these products, but I have a little awareness—possibly more than most Members of your Lordships House, but still not that great—of things such as Discord servers, which are not very visible or open to the public but require membership. A lot of selling, particularly to young people, may take place through these layers of the internet, which be at the top layer of the TikToks and eBays and so on. How will the Government ensure that we are not going to see the cheapest products ending up further and further down the chain of legibility to government and regulators. I would be interested in understanding a bit more about how the Government will enforce these regulations. How they will find the sellers and work out who owns them and who owns the websites? What level of enforcement is going to happen?

I take this opportunity to pay testimony to the work of Action on Smoking and Health. At an ASH event that I attended downstairs a week or so back, they had a disposable vape and a reusable vape, and the trick question was: which was which? They were indistinguishable. I also note recent reports that many shops that used to sell disposable vapes are now selling reusable ones, but the same shops do not sell refills. Such shops are just taking things called reusable vapes and still treating them as disposable vapes. If the Minister is unable to answer that now, I will understand if she wants to write to me. When we are talking about managing the waste problem, although there is a sense that we have dealt with the problem of single-use vapes because we have passed a law, I would question that. From what I have seen and has been said to me, how much have we changed the reality on the ground?

My other question comes from practical experience. Last week, I happened to be in the middle of Dudley town centre where I saw what is perhaps a measure of the socioeconomic usage of vaping. The noble Baroness, Lady McIntosh, referred to the fact that vaping was supposed to be for people giving up cigarettes; the last statistic that I saw suggests that there are 1 million people in the UK who vape who have never smoked tobacco. In the middle of Dudley town centre, the borough council had provided a specific bin for the disposal of vapes.

My question to the Minister, therefore, follows on from the probably fairly modest extra revenue that these regulations will raise. How will we ensure that the funds raised actually go to the people incurring the costs? I am thinking of the financial impact on councils in particular—I declare my interest as a vice-president of the Local Government Association—but also any other bodies that may be forced to deal with the disposal of what may or may not be single-use or reusable vapes.

Great British Energy Bill

Debate between Baroness Bennett of Manor Castle and Baroness McIntosh of Pickering

3rd reading
Tuesday 25th February 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I welcome the government amendment and the way in which the Government have listened to your Lordships’ House on this Bill and overseen considerable improvements. One was the inclusion, finally, of community energy, something your Lordships’ House has been fighting for through two Governments and several energy Bills.

However, an important issue arises at this moment relating to community energy. While the amendment that the Government have put down will help community energy to grow in the medium to long term, the sector faces an urgent short-term problem: the uncertainty of the community energy fund’s future. The fund began in January 2024 and has been very successful and heavily oversubscribed: more than 150 community energy projects have been awarded grants. More than 100 projects are ready to go and are eligible for funding, but they will not receive it because the initial £10 million is expected to run out in May. This is the only substantive mechanism helping community energy to grow, yet it has no future beyond this year.

I make no apologies at all for representing Community Energy here. Its members have asked me to say that we have seen so many times with energy policy over the years a boom-bust cycle of funding and defunding and then funding and defunding again. There is a short-term issue here, although the Government have expressed their support for the long term. So can the Minister give me a clear statement on how the Government will deal with the uncertainty over the community energy fund’s future? Can he assure me that there will be early action to deal with the enthusiasm that the fund has not been able to meet, and clear instructions on that in the statement of strategic priorities for Great British Energy, as required by Clause 5 of the Bill?

[Baroness McIntosh of Pickering (Con)]

My Lords, I take this opportunity to congratulate the Minister on bringing forward the amendment.

I support the words from the noble Baroness, Lady Bennett, and ask the Minister what the current position is on the future of the community energy fund: the Government seem to support it, but we need to know how it will proceed and when it will come into effect. How comprehensive will the review, to which the amendment refers, be? It appears to be limited to finances, but can the Minister confirm that it will also cover sustainable development?

We heard for the first time, I think, on Report about the framework document, of which the noble Lord said at col. 1204 of Hansard that it will become available only after the Bill has received Royal Assent, yet it would seem to go to the very heart of sustainability and environmental protection, which are so key to this Bill. Can the Minister explain, if the framework document will indeed cover these points, because he linked it to the sustainable definition that he was using, as recognised by the UN, why it is not part of the Bill, why we have not had the opportunity to debate it, and what the relationship will be between the framework document and the contents of the amendment that he has just put forward?