Planning and Infrastructure Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Baroness Taylor of Stevenage
Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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I did not say overall; I said in some regions.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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We have had figures bandied around about solar. The total figure covered at the moment is 0.1%, and the total figure for the energy plan, which goes up to 2030, is 0.8%.

Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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And I repeat: it is 8% in some regions—not in all regions, and not the overall figure for the United Kingdom land space.

The Secretary of State’s need for wind and solar seems to have blinded him to the mounting costs and spatial limitations they could impose. A 24/7 digital economy, data centres and artificial intelligence are not served by intermittent power. They need reliable baseload, and that means nuclear. France, Finland and Sweden—nations with some of the cheapest, cleanest electricity in Europe—all rely on nuclear. The truth is this: nuclear is not the problem; our system is. As we embrace more advanced nuclear technologies, we must try and fix it now in this Bill.

The current regulatory regime puts documentation above the national interest. It pretends that a legal checkbox exercise is the same as protecting the environment. It is not. By making it near impossible to build a handful of nuclear stations on tightly controlled sites, we are instead forcing ourselves to cover more of the countryside with wind turbines and solar panels. Of course, we all care deeply about the environment. Our national love of the countryside and of our natural heritage runs deep. But a planning system that blocks low-carbon, low-footprint, clean energy is self-defeating. It turns environmental regulation into a tool of environmental harm.

Cheap abundant nuclear is not a fantasy; it is our route to energy sovereignty, to lower bills and to powering a modern, prosperous Britain. If we are serious about delivering the infrastructure that will enable growth, attract investment, support heavy industry and safeguard our national interest, then we need to be bold enough to cut through the red tape that is holding us back. Britain stands on the cusp of a new industrial renaissance, but we cannot reach it with the planning system stuck in the past—particularly as we embrace the new, small and advanced nuclear technologies. These amendments are a crucial step towards a future that is energy secure.

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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, I will not get drawn into the geopolitical issues of international trade on the planning Bill, but I will address the points in the amendment.

The Government shares the ambition of the noble Lord, Lord Offord, and the noble Baroness, Lady Bloomfield, who moved his amendment, to make nuclear development faster and more cost effective, and the plea of the noble Lord, Lord Blencathra, for SMRs. My noble friend Lady Hayman mentioned AMRs as well, which are important. Quite simply, we cannot grow the economy in the way that we want to without rapidly tackling the clean energy issue on all fronts, including nuclear. That is about not only clean energy but providing us with energy security and lower energy prices, which will help not only businesses in our country but households as well. It is important that we get on with that.

I fear that the solutions proposed in this amendment—I appreciate that it is a probing amendment—would potentially invite problems of their own, and risk undoing the growth we have seen in public support for new nuclear. I look first at allowing the Secretary of State to disregard environmental impact assessment requirements, where doing so would

“secure the provision of the generating station in an economic, efficient, proportionate and timely manner”.

We should remember that environmental assessments include not just impacts on wildlife but also take account of the impact on communities—noise, air quality, human health, and so on.

An application for a new nuclear power station will include proposals for mitigation measures designed to limit or remove any significant adverse environmental effects that it would have. This amendment could remove any requirements for those mitigation measures, which simply means that the significant impacts would not be managed. Like the noble Lord, we recognise that environmental assessment is in need of reform, which is why we are already carefully considering how to bring forward environmental outcome reports that will allow us to ensure that EIA is proportionate and to reduce the risk that these assessments are used to unduly delay development coming forward.

Allowing the Secretary of State to exempt nuclear power station projects both from the habs regulations and from any requirement to pay into an EDP could leave our most important protected sites and species at risk of irreparable harm. Simply providing for these regulations to be disregarded is probably the wrong approach and risks removing the need for even the most common-sense consideration of environmental impacts and actions to address these.

As I hope I have already set out to noble Lords in these debates, the nature restoration fund will allow developers to discharge their environmental obligations around protected sites and species more quickly and with greater impact, accelerating the delivery of infrastructure at the same time as improving the environment.

The planning regime must support new nuclear, so we have introduced a transformative draft national policy statement on nuclear energy. It is important, therefore, that both this policy statement and the overarching national policy statement for energy are considered when deciding applications for new nuclear power stations. This amendment would remove the centrality of these national policy statements in determining applications for those power stations, which would only slow down and confuse the decision-making process. The habitats regulations must be applied sensibly, which is why the overarching national policy statement for energy has already introduced the concept of critical national priority projects. This creates a presumption that the importance of low-carbon energy infrastructure is such that it is capable of amounting to imperative reasons for overriding public interest. We recognise that we need to go further and the nuclear regulatory framework—my noble friend Lord Hunt, referred to it, I believe—must avoid increasing costs where possible. We have therefore launched the Nuclear Regulatory Taskforce, which will report later this year.

The Government remain firmly of the view that, when it comes to development and the environment, we can do better than the status quo, which too often sees both infrastructure delivery and nature recovery stall. I hope that, with this explanation, the noble Baroness, Lady Bloomfield, on behalf of the noble Lord, Lord Offord of Garvel, will be able to withdraw the amendment.

Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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My Lords, I thank the Minister for her considered and rather encouraging response, and indeed all noble Lords for their thoughtful contributions to this debate. I particularly thank the noble Lord, Lord Hunt of Kings Heath, for reminding the Committee about the exciting progress towards regulatory alignment between the US and the UK on nuclear matters. I join him in encouraging the Government to investigate bringing forward helpful legislative changes on Report in the light of recent research. For now, I beg leave to withdraw this amendment.

Planning and Infrastructure Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Baroness Taylor of Stevenage
Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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My Lords, I will speak briefly to this group of amendments, which relate to the connections reform provisions within the Bill. These are largely technical and drafting amendments, but they are none the less important to ensure clarity and alignment across the legislation. I agree with many of the issues raised by my noble friends Lady Neville-Rolfe and Lady Coffey, particularly anything that slows down the grid connections process or adds more cost to the consumer.

Let me start by welcoming Amendment 72, in the name of the noble Baroness, Lady Taylor of Stevenage, which, as she stated in her admirably brief opening, makes a simple drafting correction. It removes the definition of “qualifying distribution agreement” from Clause 16, as it is already defined in Clause 13(8). This is a helpful tidying up amendment that improves the consistency of the Bill’s language, and I am grateful to the noble Baroness for bringing it forward.

Amendments 73 to 76, tabled by my noble friend Lord Lansley, would also serve to improve the clarity and coherence of the Bill, particularly in relation to NESO and its responsibilities. Amendment 73 would ensure that NESO is required to have regard to the strategy and policy statement under Section 165 of the Energy Act 2023, rather than the designated strategic plan. This helps to bring the language of the Bill in line with existing legislation and policy frameworks.

Amendment 74 makes a similar adjustment to Clause 17, ensuring that NESO must have regard to the strategic priorities set out in the strategy and policy statement under the 2023 Act. Amendment 75 then defines “strategic priorities” as those contained in the most recent strategy and policy statement issued under that Act—again reinforcing consistency and legal precision. Amendment 76 replaces references in Clause 17 to “designated strategic plans” with “strategic priorities”, to align terminology with Section 165 of the Energy Act 2023. My noble friend Lord Lansley has put forward a strong case for these changes to the Bill, and they appear to be sensible and constructive amendments.

Finally, Amendment 79, in the name of the noble Earl, Lord Russell, raises an important issue by highlighting the delays and high costs associated with connecting to the national grid. This amendment addresses a key barrier to energy development and considers the use of local grids as a way of improving efficiency.

This has been a good, thoughtful and short debate. I look forward to hearing the Minister’s response.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, it is reassuring to hear such a degree of consensus across the House that we all want to deliver the same thing from this—speeding up the connections process. I have expressed my frustration many times before in this House that it can take longer to get a grid connection than it did to build the whole of the A1(M). That is a just a nonsense and we have to move on from it.

I thank all noble Lords who have spoken in this brief debate, particularly the noble Lord, Lord Lansley, and the noble Earl, Lord Russell, for their amendments, and the noble Baronesses, Lady Neville-Rolfe and Lady Coffey, for their comments.

I am afraid I have to oppose the amendments from the noble Lord, Lord Lansley. I understand how well intentioned they are and I greatly respect his experience in these areas, but they would have significant unintended consequences for the Government’s ability to respond swiftly and effectively to the evolving needs of our energy system.

At the heart of the amendments is a proposal to require that the strategy and policy statement, also known as SPS, designated under Part 5 of the Energy Act 2013 is used for the purpose of prioritising connections to the electricity network. I recognise the helpful attempt by the noble Lord to ensure consistency and clarity with regard to the obligations of Ofgem and the National Energy System Operator, NESO. I also fully recognise the importance of parliamentary scrutiny and do not for a moment suggest that we should seek to avoid that. But we must also be honest about the practical implications of this approach.

The SPS is subject to a rigorous process that is entirely appropriate for a high-level, overarching statement of policy. But it is not designed to accommodate the pace or specificity required to support the complex and fast-moving reforms we are undertaking to unblock and accelerate electricity network connections. We are entering a period of rapid transformation. The grid must decarbonise. New technologies are emerging. Electricity demand is shifting and increasing and the connections process must evolve to keep up.

In that context, the Government must be able to designate timely targeted guidance, potentially in the form of multiple documents, tailored to different parts of the sector, such as generation or demand connections, or technology-specific plans and strategies. Indeed, the Government have already signalled their intention to designate the Clean Power 2030 Action Plan and the Industrial Strategy—both existing documents published recently—when the necessary powers are available. These are concrete, strategic documents that will help the industry to plan and invest with confidence, hopefully meeting some of the concerns of the noble Baroness, Lady Neville-Rolfe. But these amendments would prevent that. They would limit us to a single document—the SPS—and, in doing so, tie our hands at precisely the moment we need the most flexibility, creating potential delays and preventing the granular and specific strategic direction required for the grid connection process.

There is a further and more fundamental issue. Distribution network operators—DNOs—have no legal obligation to have regard to the SPS. These companies are critical to the delivery of connections reform and are responsible for connecting a significant volume of new generation and storage that will connect directly to the distribution network. They are privately owned and operated and the SPS was never intended to bind them. To attempt to do so now would be not only inappropriate but unworkable.

If we are serious about reforming the connections process—as I believe we are; we have heard that this afternoon—we must ensure that our strategic plans can apply to the full range of actors involved. That means having the ability to designate plans that are fit for purpose, timely and applicable to the right parties. The strategy and policy statement is a high-level strategic document intended to provide Ofgem and NESO with clear direction over the Government’s strategic priorities and desired outcomes for the duration of our term to inform decision-making. In contrast, as I have said, designated plans for the purpose of connections reform may include more granular, tactical guidance. These documents are designed to complement, not conflict with, the SPS.

In response to the noble Lord, Lord Lansley, I would also say that plans are in place and being implemented for the connections to the transmission and distribution system. In November 2023, as the noble Lord mentioned, the Connections Action Plan was published, setting out expectations for the scale and pace of reform. This formed the basis for the National Energy System Operator’s connection reform proposals, which Ofgem have just approved. The broad ambition, on which legislative measures have been based, will see faster electricity network connection dates offered, at both transmission and distribution.

The noble Lord asked me a very specific question around the Gate 2 process. The implementation of current connection reforms is under way, as I said. We are working closely with NESO and Ofgem, and we are anticipating the Gate 2 decisions in the coming weeks; “coming weeks” is one of those expressions that I have got used to as I have been a Minister.

The Bill as drafted is intended to ensure that we have the tools to deliver the energy transition effectively. The measure as drafted strikes the right balance. We believe that it provides a clear mechanism for designating strategic plans while preserving the flexibility —which we know we will need—to respond to a rapidly changing sector. I therefore kindly ask the noble Lord not to press his amendments.

I turn now to Amendment 79, tabled by the noble Earl, Lord Russell. He said that he believes this is the biggest change since the Industrial Revolution in terms of power accessibility. I do not disagree with that statement. Let me begin by stating that we are in full agreement that the current delays arising from the first come, first served approach to grid connections are absolutely no longer tenable; I hope I have made that very clear. For this reason, in December 2024, the Government published the Clean Power 2030 Action Plan. This document outlines our plan to work collaboratively with the National Energy System Operator—NESO—and Ofgem to deliver a fundamental overhaul of the connections process.

The objective is to accelerate connection timelines for the most critical projects and to unlock billions of pounds of investment for renewable energy generation. Through the implementation of these reforms, it is estimated that up to £5 billion in unnecessary network reinforcements could be avoided. In turn, this should lead to long-term savings for consumers through lower electricity bills.

The reforms in question have been developed by NESO in close consultation with both industry stakeholders and Ofgem, following all requisite formal procedures, including public consultation. Ofgem has since approved these proposals and implementation is now well under way, as I have already mentioned.

This Bill is intended to support the reforms. Notably, the Bill will confer powers on the Secretary of State to designate strategic plans. These plans must be taken into account by both NESO and distribution network operators when exercising their functions in relation to grid connections.

It is anticipated that the Secretary of State will initially designate the Clean Power 2030 Action Plan and the Industrial Strategy, followed in due course by the proposed strategic spatial energy plan. These strategic documents are designed to reflect the needs of the nation’s energy system, including measures to address the inefficiencies of the current grid queue by prioritising projects of greatest national importance. Introducing a new statutory requirement for a further plan would risk delaying this progress and might introduce unwelcome uncertainty for industry participants.

On the matter of local energy grids, we do not consider that there is any regulatory impediment. The necessary infrastructure, including local networks that integrate both generation and demand, is already permissible. Such networks may be developed and operated by distribution network operators or independent network providers, or under private wire arrangements via statutory licence exemptions.

We are also firmly committed to supporting local and community energy initiatives. These play a vital role in the UK’s broader energy landscape and we are determined to ensure that communities continue to benefit directly from the transition to clean energy. We will be discussing more about that later this afternoon.

To that end, Great British Energy will work in partnership with mayoral combined authorities, community energy organisations and the devolved Administrations. This collaboration will include the provision of funding and strategic support, from planning advice to technical guidance, for local community energy stakeholders. I trust this explanation provides sufficient reassurance to noble Lords.