Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Baroness Pinnock

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I apologise for gazumping the noble Lord, Lord Young of Cookham. For the record, I am always happy to take my name off amendments in a case where we can demonstrate political breadth, but I was very happy to sign Amendment 72 in the name of the noble Lord, Lord Best.

I will give one example. In July this year, Rother District Council received an application from Brookworth Homes to amend its permission for a 20-residence project in Battle, East Sussex, to, of course, zero homes for social rent. That is just one example of a place that desperately needs social housing. I will stop there, because I want to get to a vote if the Government do not give way.

[Baroness Pinnock (LD)]

My Lords, my Amendment 85 in this group concerns an issue that I first raised in Committee. At the national level, there is much talk of the urgent need to build 1.5 million new homes. They are even promoted with rather empty, Trump-like slogans. Mere numbers of new units will not provide a solution to many families and individuals in our country. What is urgently required is a national debate about the type of housing unit that is most needed, and how these will be provided. The noble Lord, Lord Best, has rightly focused on one area of desperate need: homes for social rent. Amendment 85 throws a beam of light —maybe even hope, if the Minister responds as I hope she will—on those families, and especially the children, living in temporary accommodation.

The numbers should shame us all. Over 170,000 children in our country—one of the wealthiest in the world—are living in temporary accommodation. Some 50% of all those experiencing homelessness are children. This could be a result of domestic violence, family breakdowns, debt or receiving a Section 25 eviction notice—at least, and at last, the Government have outlawed Section 21 evictions.

Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Baroness Pinnock

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, briefly, I have a simple question about government Amendment 67, which would allow an extension of time to implement a planning permission or a listed building consent where there has been a legal challenge. This returns to the ecological surveys which got such a discussion in the group before lunch. Ecological surveys are taken at a particular point in time, and, particularly in this era of the climate emergency, species are moving and appear and disappear. How are the Government planning to deal with the fact that the ecological survey may become profoundly out of date and so, if this goes on for a long period, the grounds on which the decision was made initially may need to be redone? Is there some plan to deal with that issue?

[Baroness Pinnock (LD)]

My Lords, I point out that this is yet another late-in-the-day government amendment. However, the Minister will be pleased to know that this time I am in agreement with Amendment 67.

To extend the time limits from implementing a planning consent where there has been a legal challenge seems right and fair. I did not quite catch whether the Minister explained the full extent of it, but I assume that it means that for general applications that are subject to a judicial or statutory review it will be a one-year extension, a further year if it goes to the Court of Appeal, and then a further two years if it goes to the Supreme Court. The noble Baroness nods. So that is right and fair. That is a balanced approach, which is one of my ways of judging things: “Is it right, fair and balanced?” I think that is fair to the applicants. So, with the nod that I had from the Minister, I agree with Amendment 67 and with Amendment 104, in the name of the noble Lord, Lord Banner, which is very similar.

The other amendments in this group, Amendments 77, 78 and 79, in the name of the noble Lord, Lord Hunt, introduced by the noble Viscount, Lord Hanworth, would make serious changes to the ability of citizens to go to law where they feel that due process has failed them. Restricting those rights does not feel to me acceptable without further and full consideration by those who are expert in these matters—which is not me. With those comments, I look forward to what the Minister has to say.

Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Baroness Pinnock

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

Before the noble Lord sits down, I want to point out, since he addressed me directly, that mushrooms are a tiny fraction of the mycological ecosphere and that what we are talking about here are the fungi that are essential for plants to be able to attract nutrients. I would be very happy to discuss all this with him later.

[Baroness Pinnock (LD)]

My Lords, I hope that in two minutes we will adjourn. Right from the outset of the debate on this Bill, the Liberal Democrats have supported the idea of mandatory training for councillors who serve on planning committees, and I am pleased that this amendment does not challenge that principle, which is a good one.

Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Baroness Pinnock

Report stage
Monday 20th October 2025 Lords Chamber

[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.

[Baroness Pinnock (LD)]

My Lords, I believe this amendment has merit. As the noble Baroness, Lady Bennett, has just said, it is important that there is a comprehensive overview of the cumulative impact of a national strategic infrastructure project on a wider area than just the single project that is being considered.

In response to the first group, the Minister was very clear in stating that the Government wanted a more strategic approach to planning. I have issues with a more strategic approach, because it is often the details that matter most. But, if there is to be a more strategic approach, surely that must imply that it is not just on a single project but on the whole range of infrastructure projects—150—that the Government have in mind for the remainder of this Parliament.

For instance, there will be a cumulative effect of road infrastructure, and of the move to net zero, which we on these Benches totally support, and therefore more green infrastructure for energy creation. All of that requires an oversight of the totality of those projects, because it is important to understand the overall impact on local communities, rather than considering the impact project by project, as the noble Baroness, Lady McIntosh of Pickering, explained, in terms of wind farms or solar farms, for instance. I support all of these, but we need to understand their cumulative impact on communities, the landscape and the environment.

So these issues are important and I am glad they have been brought up. I hope the Minister in her response will be able to satisfy those of us who have these concerns that the Government are not going to run roughshod over the needs of communities and the environment while making their rush for growth.

Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Baroness Pinnock

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I too will miss the noble Lord, Lord Khan, on the Government Front Bench. He always managed to respond to any questions I had with a smile. I even forgave him for living in Lancashire. We wish him well from these Benches and I hope the Minister will pass those messages on for us. We look forward to the noble Lord, Lord Wilson, also responding with a smile.

Amendment 120 in my name seeks to ensure transparency in decision-making in the planning process. The integrity of the process is vital. From my own experience, I know that objectors to a planning application can readily feel that, if they do not get their way, it is because shady deals have been done. Transparency helps to cure any such allegations.

Unfortunately, there is a recent example of a senior national politician who became far too closely involved with a developer and made hasty decisions based on pressure from the developer regarding funding and costs. The example that I have in mind is that, in 2020, the Housing Secretary, at that time Robert Jenrick MP, accepted that he approved a £1 billion housing development in the east of London unlawfully. The 1,500-home development on the Isle of Dogs was approved on 14 January, the day before the community infrastructure levy charges placed on the developments were increased. The timing of the decision

“meant Conservative Party donor Richard Desmond avoided paying around £40m”.

Mr Jenrick eventually accepted that his decision was indeed unlawful after the Government’s own planning inspector

“advised against the scheme saying it needed to deliver more affordable housing in what is London’s poorest borough”.

The inspector described the 44-storey high buildings as harming the character of the area, but, despite the clear direction from the planning inspector,

“Mr Jenrick rejected that advice and approved planning permission for the project”.


Obviously, planning permission was later rescinded following the legal challenge made by the local council. I have quoted largely from the BBC report of that event.

It is clear from this example alone that safeguards are needed. Amendment 120 in my name and that of the noble Baroness, Lady Bennett, would require local planning authorities to maintain and publish a register of planning applications where the applicant has donated to the relevant Secretary of State within the preceding 10 years. This proposal aims to increase transparency regarding potential conflicts of interest in the planning process.

The amendment will mandate local planning authorities to create and publish a public register. The register will list planning applications that have been determined by the Secretary of State for Housing and Planning—or whatever the name is at any point—and the applications included would be those from applicants who have made donations to that Secretary of State within the past 10 years. That is not much of an ask, but it is yet another safeguard in the planning process. Whenever applications reach the Secretary of State, it means that they are very controversial and have been called in following referral to the planning inspector.

The planning system absolutely depends on public trust if people are to believe that the process is a fair one. Given that, I look forward to the Minister welcoming greater transparency and a very simple process to throw light on some of these more controversial decisions. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Pinnock, and to commend the noble Baroness for introducing a practical, sensible and necessary amendment to the Bill. Before I get to that, I want to join the chorus and give my very sincere thanks to the noble Lord, Lord Khan, who, like others, we in the Green group have found was very approachable and extremely hard-working, and he will certainly be very much missed—I want to put that on the record.

This amendment aims to ensure that a planning authority maintains a register of applications in its area where the Secretary of State has made a determination over it and where a political donation has been associated with it. As the noble Baroness, Lady Pinnock, said, this might be called the Jenrick amendment. I will just leave that there—I will not go back over that ground.

I will make a very serious point. The noble Baroness, Lady Pinnock, spoke about this as safeguarding the planning process. I think this is about something more important and central than that. This is about safe- guarding, or at least making a step towards restoring, trust in the political process. That is far more important and crucial. I do not think there is anyone in this Chamber who would disagree that we have a huge problem with trust in politics.

Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Baroness Pinnock

Committee stage
Thursday 17th July 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, briefly, I feel that the discussion of this potentially extraordinarily far-reaching group of amendments has a different perspective from that of those I often work with—the environmental groups, human rights groups and groups representing disadvantaged communities that are bringing judicial reviews. The perspective I approach this from is how incredibly expensive and difficult judicial reviews are and how often they fail, even when, according to measures of common sense at least, they should have succeeded. That is very much where I come from.

The Committee does not just have to listen to me on this. We saw, particularly after the judicial review over the Prorogation of Parliament, a great deal of debate about judicial review. The noble and learned Lord, Lord Reed of Allermuir, the President of the Supreme Court, was quoted in the Law Society Gazette of March 2020:

“Judges are very well aware of the risk of challenges being brought in what are political rather than legal grounds. They are repelling them and are careful to avoid straying into what are genuine political matters. When this is a matter that is to be considered it should not start from the premise that judges are eager to pronounce on political issues. The true position is actually quite the opposite”.


We have a system of judicial review that very often does not work to defend the powerless in our society, and that of course includes nature as well as people. Yet it is there as a final backstop, and sometimes it works—sometimes it does protect those people—and so it is crucial that we maintain it.

I commend the noble Lord, Lord Hunt, for his ingenuity. This single amendment has possibly the largest legal consequences I have ever seen, as I think the noble Lord, Lord Banner, set out for us very clearly and with vastly more expertise than I can offer.

I say to the noble Lord, Lord Banner, that if we are thinking about trying to speed up judicial review, which in principle is not something that I have any problem with, one thing that undoubtedly slows it down is inequality of arms. Small community groups and environmental groups face a massive inequality of arms; it is very hard for them to go fast, because they just do not have the resources. They have to wait until the crowdfunder has raised some more money before they can keep going. Perhaps dealing with that inequality of arms would be good for the efficiency of decision-making in our society.

None the less, it is fairly self-evident, but, for the avoidance of doubt, I will say that I am strongly opposed to the approach being taken in this group of amendments.

[Baroness Pinnock (LD)]

My Lords, the noble Lord, Lord Hunt, has brought before us his own Bill. It is worthy to stand alone and provoke a significant discussion about how different procedures could deal with large-scale infrastructure applications. I am not in a position to know whether it would work or not. It is an attempt to provide an alternative, and I am looking forward to the Minister, with all the civil servants behind her, being able to explain why it will or will not work.

I always start from a different starting point, which is that, first, we are a small island. Comparing us with Canada and its vast expanse, or even with France, which is significantly geographically larger than the United Kingdom with a similar population, makes for poor comparisons.

That is the first of the challenges anyone in this country has with large-scale infrastructure. The second is this. No case was made to people about the benefits to them from either of the large-scale infrastructure projects that have been mentioned, HS2 and the A303. HS2 was never about shaving 10 minutes off a journey between London and Birmingham or 20 minutes off a journey to Leeds—though it will never get there. It was never about that. It was about congestion on the railways, but that case was never made. So it is no surprise when the public do not respond to the project in that way. Why are we going through the destruction of our villages and favoured landscapes for the sake of 20 minutes? That was the argument. You have to make the case and the case is not being made. It was the same with the A303 and various other major projects. That seems to me to be a difficulty.

I take issue with the noble Lord, Lord Ravensdale, using the word “radical”. That word is always used by developers when they want something that the rest of us do not want. We might want its outcome, but we do not like what it is going to do to our environment. I think we have to try harder.

As for the noble Viscount, Lord Hanworth, calling planning “sclerotic”, this element of infrastructure planning is very difficult, but let us not label the whole of the planning process as sclerotic. Local planning authorities do not hold up development; the statistics demonstrate that. The issue is with infrastructure planning. That is why the noble Lord, Lord Hunt, has brought forward his alternative procedure for it. Whether or not that would work, I will leave to others with more detailed backing from the civil servants to decide.

The issue with planning applications, big or small, is always that if you do not involve the public and tell them what it is for, what it will do and what the downsides are, you set yourself up for a big fight, and that is what happens. As for the judicial review, what do I know about it except that it seems to go on for ever and achieve nothing—and costs a lot of money as well. If you resort to the legal process to resolve applications which should be decided between elected people and the community, you are never going to get an answer. I look forward to the reply and a judgment on this one.