Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Lord Lucas

Committee stage
Wednesday 17th September 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I shall speak chiefly to the amendments in the Green group’s name in this diverse but very important group. I will briefly mention Amendment 345, already powerfully and poetically spoken to.

In the discussion, we heard so many sad stories of the trees we have lost. As a Save Sheffield Trees campaigner, it made me think of two magnificent specimens in Sheffield: the Chelsea Road Elm and the Vernon Road Oak in Dore, where communities had to make enormous efforts—including risking life and limb and arrest—to save those trees. The amendment would create a mechanism to make sure that those efforts could be put towards more constructive activities, rather than defending what is already there.

I shall speak chiefly to Amendment 346 in my name, which calls on local authorities to report on land contamination, raised by the noble Baroness, Lady Hayman, in both groups. My amendment raises Zane’s law. I have essentially tabled it before, to the Building Safety Act and the Levelling-up and Regeneration Act, when they were passing through the House. The whole campaign for Zane’s law has developed significantly since then. This is a probing amendment, because a lot has happened since we last discussed this, when the Minister was then sitting beside me on the opposition Benches and expressing interest in the issue.

It also offers the Government a suggestion for at least a partial way forward. This is a very urgent issue, which has been acknowledged. Recently, in July, the Mayor of London backed a Zane’s law, pushed very much by London Assembly Member, Zack Polanski. Just a few days ago, a motion moved by the Fire Brigades Union at the TUC conference, also backed by the NEU, Unison, Unite and the CWU, called for a Zane’s law.

There have been many new noble Lords since the last time we discussed this in this House. Zane’s law is named after the seven year-old Zane Gbangbola, who died in February 2014 during flooding of the River Thames at Chertsey in Surrey. Zane’s parents, Kye and Nicole, know that he was killed by toxic hydrogen cyanide gas from a former waste dump. His father was left paralysed by that gas. That is not what the inquest says, but everyone knows that is the fact. Indeed, I note that Zane’s parents recently had a meeting with the Prime Minister to discuss the Truth About Zane campaign and to see what could be done to finally get the record set straight.

This is about an issue that directly affects many people. In June, I held a Zane’s law summit here in Parliament, acknowledging that current UK regulations on contaminated land are grossly inadequate and a threat to the safety of many, particularly given climate breakdown, rising sea levels, increasing rainfall and flooding. That summit heard from campaigners around the country on very significant issues. The case of Zane is about a historic landfill which was closed off many decades ago. There are ongoing, immediate landfill issues which are not being properly dealt with, and which Zane’s law would deal with more broadly.

I have to acknowledge and give all credit to the Government that the then Environment Secretary, Steve Reed, came to the summit, where he said that the Government knew that there needed to be more transparency about contaminated land and that they would publish a new state of contaminated land report in spring next year. One thing I am looking for from the Minister today is a report on how that is going—a reassurance that progress is being made. The Secretary of State said at that meeting that the department is developing a land remediation pathfinders scheme to provide financial support to councils to remediate land that is contaminated. With this amendment, I hope to hear from the Minister about what progress is being made. Of course, we have seen a change of personnel in her department since then, but I would like to hear what is happening.

I also want to raise a further issue, which has been raised with me. I will understand if the Minister wants to write to me about it. As the pressure and the campaign for Zane’s law grow, I am hearing reports that landowners might be selling what they know to be contaminated land, even if it is not properly identified and fully understood, and trying to basically dump it before further action is taken. Does any agency or institution have a duty to record, report or interact when there are such disposals or purchases? We know that there is a big issue coming; how can we ensure that innocent buyers and communities do not get dumped with land like this?

I come now to Amendment 346A, tabled by my noble friend Lady Jones of Moulsecoomb, which fits more closely in this group, dealing as it does with trees. As the noble Baroness, Lady Grender, said, we are going backwards in terms of biodiversity and on issues around trees and so on. According to the State of the UK’s Woods and Trees 2025 report, roughly 40% of our ancient woodlands, the UK’s most biodiverse temperate habitat, are being damaged by plantation forestry, making their restoration a priority to meet the Government’s 2030 nature recovery targets. Here is a truly shocking figure: in 2023, 6 hectares of damaged ancient woodlands were restored, but the target for the year was 5,000 hectares—so six hectares versus 5,000 hectares.

Crucially, this amendment would create a duty for the appropriate forestry authority—in many cases, this will of course be the Forestry Commission—undertaking any planning or development function relating to forestry land, or taking any part in any exercise in such functions, to prioritise achieving the targets under Sections 1 to 3 of the Environment Act 2021 and targets in the environmental improvement plan, as well as following, of course, their duties under the Climate Change Act 2008. This would ensure that the Forestry Commission took all reasonable steps to contribute to the legally binding targets for nature recovery and climate mitigation and adaptation.

I think that I have previously debated this issue with the Minister. The Forestry Commission’s current legal remit is outdated. Its primary duty, as established in the Forestry Act 1919, is to promote timber production, so that is the job it is being given. There is only a vague conservation duty, which was added in 1985, a very long time ago. That 1985-added duty lacks clarity and enforceability and does not align with the UK’s environmental targets. We need to do this simply to protect nature and to act on the climate. If the forestry estate is open to renewable development through the Bill—and eventually the Act—it is vital that its decisions do not undermine irreplaceable habitats. Updating the Forestry Commission’s remit is timely, necessary and, as we know, widely supported by the public and the conservation sector.

[Lord Lucas (Con)]

My Lords, I have the last amendment in this group. I very much support my noble friend Lady Coffey on her ponds amendment. We are short of ponds in the landscape, generally, and they should not be hard to create. I like the idea of wild belt, but I am not convinced that we can compel anyone to create a natural environment in this country. We lack the natural systems that would maintain a natural environment. Anything in this country has to be managed, but to have places set aside for nature and properly managed seems a much better concept than a green belt. It is much easier for people to enjoy and much easier to look after.

My amendment says that we should recognise that construction and demolition activities cause disruption to nature, much as we recognise that wildlife can cause disruption to growing crops. The Government have recognised this in relation to wind farms; they accept the damage to wildlife that wind farms cause. What we do causes damage to nature. If I was to put on my house a bird box and a bat box, there would not be a single month in the year when I could repaint my house without some risk of disturbing wildlife. We need to take a realistic attitude to this, which I hope is what my amendment does.

Planning and Infrastructure Bill

Debate between Baroness Bennett of Manor Castle and Lord Lucas

Committee stage
Thursday 24th July 2025 Lords Chamber

[Lord Lucas (Con)]

My Lords, I have Amendment 57C in this group, which proposes some alternative ways of solving the same problem, so I do not propose to go into it in great depth. The point of this debate is that this is something we should be moving to find a solution to because, although it us not particularly simple, it is not particularly difficult, either.

Many of us have come across simple cross-pavement charging arrangements, which people seem to be installing ad hoc. It would be a good idea if this became something that was regularised, because we want the street to be a properly controlled environment. On the other hand, we do not want to make it expensive or difficult for an individual householder to obtain what we intend to be a general provision. But, if we are looking at a system where a lot of people have this facility, we should also be looking at how we are going to manage parking in this space. There is not much good in having an electric charging facility if someone else has gone on holiday and left their van in the space you need to charge your vehicle. An efficient use of an electric charging system is that it is used by more than one person, so how will we enable householders to allow other people to charge in that space?

Neither of these are things with instant solutions, but, if we are looking ahead to a time where we all have electric vehicles—particularly people who live in flats or other arrangements where the parking outside the building is not going to be sufficient—how will we provide that? Can we provide it in a way which is better than the one we have at the moment, where, for one reason or another, mostly because it is provided by people who have no personal interest in the facility, the prices paid by people for on-street charging are very high? If someone has installed it for their own use, they are much less motivated to charge a huge price for someone else to use it. They are much more likely to say that any margin is a good margin. So I very much hope that we can look at democratising on-street charging. I am not saying it is easy, but I am saying it is something we need to make progress with.

[Baroness Bennett of Manor Castle (GP)]

My Lords, as the noble Baroness, Lady Pidgeon, said, my noble friend Lady Jones of Moulsecoomb signed a number of amendments in this group, so while noble Lords will know that I do not normally speak on transport, I am speaking on my noble friend’s behalf this afternoon.

I begin with the very interesting comment of the noble Lord, Lord Lucas: the efficient use of a charger would mean it being used by more than one person. I would go rather further than that and say that what we want is an efficient use of cars: them being used by more than one person. The practical reality, of course, is that most cars spend the vast amount of their time stationary, occupying public space when they are parked on the road. Coming to an arrangement is where Amendment 66, tabled by the noble Lady Baroness, Lady Pidgeon, comes in, requiring

“local planning authorities in England to publish and regularly update a three-year electric vehicle charging infrastructure plan”.

That charging infrastructure plan would ideally very much look at that car club kind of model, which could potentially free up large amounts of space in our cities to be put to much better use than simply being occupied by a stationary vehicle 96% of the time—that is the last figure I saw of the amount of time that cars are stationary.

It should be noted that my noble friend did not sign any of the cross-pavement charging solutions. I know that Caroline Russell, the Green London Assembly member, would not forgive me if I did not make the point that, whatever we say about charging across the pavement, the first priority has to be pedestrians, particularly vulnerable pedestrians. We must make sure that anything that is installed or allowed does not create even greater difficulties, on what is already a very difficult streetscape on many occasions, for pedestrians, particularly vulnerable pedestrians, with wheelchairs, buggies et cetera. I note, perhaps declaring an interest, that when I was in Camden I would regularly try not to trip over the electric cable that my boss at the time trailed out of his house and across the pavement out to his car on the street. Because he was my boss, I was not quite allowed to do anything about it.

I want to focus mostly on Amendments 64 and 67, which are about heavy goods vehicles. This is a crucial issue for the environment and for public health. At the moment, fewer than 1% of new HGVs sold are electric, and there are 500,000 HGVs in the British fleet. At the moment, they are emitting the equivalent of 20 megatonnes of CO₂ equivalent per year—the same as 2 million homes. They are also particularly bad in terms of emissions of nitrogen oxides and particulate matter, which have very significant impacts on public health. That tends to particularly strike in poorer, more disadvantaged areas—think about the homes along busy main roads, which tend to be where people who already have poorer health live. There is also the point that EVs are much quieter, which has significant public health impacts, and they are also better to drive. One of the things we have in terms of HGVs is an ageing driving population, and something that is easier to drive is a significant issue there.

I also note that the Government currently have a plug-in truck grant, with a discount for those who purchase them of up to £25,000. There is a push there, and the Government are spending money on it, but what is lacking at the moment is the general charging infrastructure, and these two amendments seek to have a programme and to make sure that when new depots and other infrastructure is being built, they are covered. I note that at the moment there is still an issue about the speed of charging, but megawatt charging is on the way. When we come to later amendments that my noble friend also signed, we also have to think about the infrastructure of distribution of electricity, to make sure that it is able to cater to that very heavy demand. I think there are very strong arguments here for a concerted, planned and organised approach. What we have now is extremely ad hoc, and in far too many cases we are seeing people literally trailing a cord across the pavement, which is a really bad idea for all kinds of reasons.