Planning and Infrastructure Bill

Baroness Freeman of Steventon Excerpts

Committee stage
Monday 15th September 2025 Lords Chamber

[Lord Randall of Uxbridge (Con)]

In the absence of my noble friend Lord Goldsmith, I shall move Amendment 212, to which I have added my name. My noble friend sends his apologies to the Committee that he is detained elsewhere and cannot be here today. I am grateful, as is he, that my noble friends Lady Coffey and Lord Hintze have also added their names to the amendment.

At the beginning of our deliberations today, the Government Whip exhorted that we have swift debates, and I have moved a swift amendment. So, I am helping the Government yet again.

This is a subject we discussed in the levelling-up Bill and it was mentioned at Second Reading of this Bill. It is a simple amendment, which is probably why I am able to speak to it. It asks that a swift brick, which allows a swift potentially to breed in it, be added when a new build is made. This would apply only when appropriate. I point that out because some people have said that it may not always be appropriate.

I am sure that Members of this House know all about swifts, but here is a very brief résumé. They are migrants that come here quite late—normally at the end of April or in May—having flown all the way from sub-Saharan Africa or the Congo Basin. They do not stop flying. They mate on the wing. The only time they are not flying is when they are nesting.

These poor swifts have been declining in numbers. There may be a variety of reasons, such as a lack of insects and so forth, but one reason that has been identified is the success of insulation in houses. Cavity insulation means that the nesting areas that would normally be under eaves or wherever are not there. Imagine these poor swifts: they have flown all the way from the Congo, they are looking forward to going into the building that generations of swifts have been going to and they find that it is effectively blocked up.

The simple thing we are asking for is that the swift brick is placed in building regulations. I have a feeling that the Government might suggest that this could be planning policy, but I do not think that that is sufficient. I cannot understand why Governments—the previous Government were a little shy on this as well—will not accept this. I know that some people think it is perhaps overregulation or burdensome, and I heard it whispered, but I could not believe it is true, that there is lobbying from developers and builders. I cannot believe that that could in any way influence a Government, so I just ask the Government to reconsider.

This is in fact a great opportunity because, literally just a year ago, I think by a few days, campaigners, including my noble friend Lord Goldsmith, the swift campaigner the indefatigable Hannah Bourne-Taylor and others—I will not mention them all—met the then Secretary of State in Defra, the right honourable Steve Reed. He said that they were pushing at an open door because Defra has always been in favour—they are the friends of the environment—but sometimes other departments get in the way. This is therefore a great opportunity because we now have a convert to swift bricks in the ideal position to sanction this particular thing, so I am hoping that it can be done. It has been done successfully elsewhere, such as in Gibraltar. Some people might ask what happens if swifts do not come in. Other birds, including house sparrows, which are not as common as they used to be, can also utilise them, so it as a very good measure.

I say, finally, to the Government Benches that some of the measures in this Bill have not been quite to the flavour of environmental groups and members of the public who think that their language on bats and newts was a little bit extreme. So, in that same spirit of helping the Government regardless of the political party and in order to help them to get a win-win, this is the ideal time to allow this measure and put it into the Bill.

I support the other amendments in this group: Amendments 225—to which I have added my name—227GA and 338. I wanted to make sure that this is a swift debate. I beg to move.

[Baroness Freeman of Steventon (CB)]

My Lords, I also support all the amendments in this group, which I think would support the Government’s stated aim to help nature in this Bill by making sure that the places that we build for humans at least minimise harm to wildlife and, in the case of swift bricks, actually help it.

I speak to Amendment 225 in my name and thank the noble Lords who have also put their names to it and support it. This amendment would require the Secretary of State to publish guidance on bird-safe design of buildings and to ensure that new buildings and significant changes to existing but not exempted heritage buildings incorporate this guidance as far as is practicable. Incorporating this amendment would not only bring the United Kingdom into alignment with what is seen in other jurisdictions around the world but would make the UK the first to introduce national bird safety legislation, which is something that could provide a welcome positive message for the Government to project.

I know that there are broader environmental concerns with the Bill, which we shall come on to later tonight, but the potential positive effects of this single amendment are enormous. Remember that the number of birds thought to be killed by flying into glass in buildings in the UK is over 30 million per year. The problems are simple. First, birds cannot see glass. Clear glass or glass that is reflecting nearby trees or sky is a hazard. Secondly, at night, artificial lighting, particularly in tall buildings, can disorientate migrating birds, making them end up circling the lights until they are exhausted and crash into a building.

The solutions are also simple, well researched and legislated for in many places. I have been able to base the wording of this amendment on that in many other jurisdictions, such as San Francisco, which has mandated bird-safe standards since 2011, Washington DC, New York, Portland in Oregon, Toronto, Calgary, Hesse and Zurich. There are also bird-safe design guides based on 40 years’ worth of research that can provide an easy reference from the United States, Canada and Singapore. We have experts in the UK too. They all agree on some simple features of buildings to avoid—essentially, ones that make it look as though a bird can fly through safely to reach sky or a perch in a tree, but where there is actually a sheet of lethal glass. These can be removed through thoughtful architectural design, or you can use bird-safe glass. That is simply glass that is made visible to birds, either through patterns that we can also see or through patterns that reflect ultraviolet, which are invisible to us but visible to birds.

Research has shown that specific patterns, such as lines no thinner than two millimetres, spaced no wider than 50 millimetres apart, can effectively stop a bird flying into glass—a more than 90% reduction in collisions in tests. These test centres can therefore certify bird-safe glass, and there are many designs available from different manufacturers, including the UK’s Pilkington glass, which has a certified variety.

Then there is night-time lighting. Many cities around the world now have lights-out times. Even New York’s Twin Towers memorial beams get switched off for periods during bird migrations to help birds escape their fatal attraction. In the UK, awareness of this problem and its simple solutions is surprisingly low compared to North America. Experts I have spoken to around the world were delighted to hear from me, because they think of Britain as being so far behind in bird-safe buildings despite a world-leading status in so much animal welfare research and legislation. This amendment could put us back as global leaders in having the first national bird safety legislation, it would help put the Bill in line with the Animal Welfare (Sentience) Act 2022, as the Animal Sentience Committee has already pointed out, and it could save tens of millions of birds every year.

As for the cost, producing guidelines is easy, as I say, given the plethora of sources already available. Bird-safe architectural design is also easy once you know the guidelines. In a double win, many of the coatings and shades that help make glass less dangerous to birds also help with thermal issues and energy efficiency in glass buildings. The regulations on night-time lighting could help energy efficiency too. The cost of glass varies depending on specifications, but manufacturers that I have spoken to estimate that, at the moment, the cost of bird-safe glass in commercial buildings is about 5% more than normal glass and about 10% more for a domestic glazing unit, but all have said that those costs would come down quickly with scale. Not only that, but bird-safe glass apparently used to be made here in the UK, with 90% of it exported to projects in China, Europe and North America, driven by their legislation. With the market mainly being overseas, manufacturers have now mostly moved from the UK to Germany to follow demand, but could return if we caught up with global bird-safe legislation.

Amendment 225 seems to me an example of the much sought after win-win. Putting it into this Bill, alongside others in this group, would help demonstrate the Government’s stated commitment to helping nature and nature recovery, alongside helping British businesses and not slowing down any housebuilding. I very much hope that the Minister will agree.

[Baroness Parminter (LD)]

My Lords, in the absence of my noble friend Lady Grender, I will speak to her Amendment 338. I am grateful, as I am sure she would be if she were here, for the support of the noble Baroness, Lady Freeman of Steventon. This is a debate where I think we are going to have unanimity around the House; we on these Benches agree with all the amendments in this group. I will make a few swift points about the specifics of the amendment from my noble friend, which is about homes for nature at the same time as homes for people; it would amend building regulations to protect biodiversity in all new developments.

If we are to have homes where nature can live, feed and breed, we will have to take specific measures. I absolutely support what the noble Lord, Lord Randall, articulated so well in moving the amendment tabled in the name of the noble Lord, Lord Goldsmith. I am not going to talk about swift bricks, which are included in the amendment from my noble friend Lady Grender, but I want to talk about some of the other very much endangered species which it also covers, including bird boxes, bat boxes and hedgehog highways.

Planning and Infrastructure Bill

Baroness Freeman of Steventon Excerpts

Committee stage
Thursday 11th September 2025 Lords Chamber

[Baroness Helic (Con)]

My Lords, I support Amendments 152ZA and 261A tabled by my noble friend Lady Hodgson. These would require spatial development strategies and environmental delivery plans to take proper account of animal welfare as set out in the Animal Welfare (Sentience) Act 2022. This is not about adding extra bureaucracy; it is about recognising a truth that we often ignore. Planning is not just about where we place bricks and mortar; it is about the choices we make for the land, the habitats and the creatures that depend on them. At present, there is a yawning gap between what is promised and what is delivered.

The University of Sheffield has shown that in new developments, 83% of hedge-grown highways, three-quarters of bat and bird boxes and almost half the promised hedges never materialised. Trees specified on planning plans were found dead and not planted at all. There are fine words in planning documents, but in practice animals are left without space or shelter. This is why the warning of the Animal Sentience Committee must be heeded. In its formal response on 27 June this year, the committee rightly stressed that the Planning and Infrastructure Bill conceptualises biodiversity as an abstract environmental good but ignores the lived experience of sentient animals, which will be displaced, harmed and killed during construction. The image it gave was searing—a bulldozer driving through a badger sett, burying animals alive, justified by the promise of a new sett to be built a decade later, never to be seen. The committee made good and sensible recommendations on welfare impact assessments, construction and timetables that avoid breeding seasons, and practical measures such as swift bricks, wildlife tunnels and hedgerow highways.

The case of the brown hare teaches us what happens when welfare is absent from the statute book. Once abundant in England, hares are now in deep decline because we fail to legislate for a close season. Hundreds of thousands are killed in breeding months, leverets are left to die, and populations are down by 80% in certain areas. If that can happen to such a cherished and loved animal, we should not be surprised that less visible creatures fare even worse.

EDPs risk levies being paid at the expense of impacts on animal welfare. The Bill risks directly impacting protected species, with bats, birds, badgers and hares uprooted from their habitats, distressed, or destroyed altogether. Conservation is not only about biodiversity; it cannot exist without animal welfare.

We must do better. Yes, there is a need for new homes and better infrastructure, but we also want living hedgerows, thriving trees, wildlife corridors that actually function and a countryside that remains alive. These amendments do not hold back growth; they simply hold us to a higher standard of responsibility. By adopting them, we would show that planning for the future is about not only housing numbers but the kind of country we wish to be: one that values progress, but not at the expense of wildlife, and builds for people, while safeguarding the animals which share our land.

[Baroness Freeman of Steventon (CB)]

My Lords, I speak in support of Amendments 152ZA and 261A in the name of the noble Baroness, Lady Hodgson of Abinger. She and the Animal Sentience Committee raise the important point that the lives of individual animals seem to have been overlooked in the Bill.

When we work in policy-making, we always have to weigh up whole-population decisions—potential benefits to one group against potential harms to another. Of course, we have to do that, but we never forget that those policy decisions involve individuals. We do not forget it when they are individual people, and anyone who has been close to an animal, such as a pet, knows that individual animals have their own emotions—they can experience fear, joy and pain. It is important that we bear this is mind. We discuss animal welfare matters when it comes to pets—we discussed the docking of tails in pet animals just last Friday. Whether it is a pet rabbit or a wild rabbit, they have the same experiences, so it is very important for us to consider whether there are ways in which we can acknowledge that in the Bill.

[Lord Berkeley (Lab)]

My Lords, I support Amendment 147 on chalk streams. I was brought up in the Chilterns and I have been studying some of the streams there for a very long time. As other noble Lords have said, they are the most wonderful bits of the countryside, with clear water—which comes and goes, but it is usually there.

I became involved in this when I opposed some of the work that HS2 was doing in trying to drill a tunnel underneath the chalk stream near Amersham. The Chiltern Society, which led the opposition, was very keen that HS2 put some boreholes down to check what the ground was like and make sure that drilling a tunnel close to underneath a chalk stream would not have any adverse effect on it. Of course, HS2, being the rather arrogant organisation it often was, said, “It is not necessary. We know everything that is going to happen there and it is all planned for. We won’t have any special protection apart from the normal tunnel construction”.

Of course, HS2 was wrong and when the tunnel got to underneath the stream just west of Amersham, contamination started, water levels dropped and there was a lack of water supply in some places. It said, “Oh dear”, and did nothing about it. It is all right now—I think it has all been solved—but my point is that if this amendment had been on the statute book 10 years ago, the local people and the experts would have had much more credibility in attacking a government organisation trying to build a tunnel than has happened so far.

There are probably many other examples and noble Lords have mentioned some, but it is important that we map these chalk streams and make sure that they are looked after, because they are very special.

Planning and Infrastructure Bill

Baroness Freeman of Steventon Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Baroness Freeman of Steventon (CB)]

My Lords, the fact that we are facing increasing demands on our infrastructure and living in one of the most nature-depleted countries in the world shows that we need to plan our new and retrofitted homes carefully. They need to be as light touch on the environment and national infrastructure as possible and, wherever feasible, they need to have a positive impact to meet our aspirations and our legal targets. This is, I am sure, the aim of all of us, but the Bill needs amendment to achieve it.

Every building that we construct or renovate should be designed to use and waste as little energy as possible and to generate as much of its own as possible. It should be designed to provide habitats for wildlife, such as through cavity nest boxes, which in effect cost nothing, and it should be designed to minimise harm to wildlife. The British Trust for Ornithology estimates that, in the UK, around 30 million birds a year die by flying into windows—yet bird-safe designs and glass cost little more and are legislated for in other jurisdictions. I shall be pressing for bird safety in planning and design, as this is such a simple measure.

At the next level up, every new housing development should be planned under the same principles. How can we help ensure that community-level energy, water or sewerage systems are designed and built to make communities more resilient and put less pressure on the national infrastructure? How can we integrate these developments properly with existing houses and communities, helping preserve their character and independence, and with their natural environment? Places where people live and thrive need to be places where other species live and thrive too. The proposed spatial development strategies and environmental development plans need to be hard-wired to the long-awaited land use framework and to local nature recovery strategies, and they also really need to reflect communities’ priorities.

The UK is committed to legal biodiversity restoration targets, and we need to legislate that all planning and development, including that by development corporations, is done with a view to biodiversity enhancement. With that in mind, I hope the Government will agree to tightening up aspects of Part 3 to ensure that it is in line with their aims. As other noble Lords have mentioned —and I think everyone will agree—there are some habitats and landscapes where no amount of money will compensate for their loss, and they cannot be moved to some other location. Ministers have previously said that they think that irreplaceable places implicitly fall outside the scope of the proposed environmental development plans, in which case I urge the Government to make it explicit in the Bill.

Then there are some habitats that have been so degraded already that they can be considered suitable for development, but here we must see this as a double opportunity to provide homes for people and, in doing so, to enhance the biodiversity opportunities on that land. It could be a triple win. Enhancement can go beyond designing buildings to provide natural habitats and bird safety; it can extend to giving people access to green spaces and increasing flood resilience and local water storage—nature-based solutions that benefit people and biodiversity and relieve our national infrastructure all at the same time, on that very piece of land. Amendments to the Bill are necessary but could achieve that.

Finally, land that is currently a green space but not designated irreplaceable will be damaged by development, despite all the considerations of green planning, which need to be legislated for as the first approach. This is where the Government, through the Bill, rightly see that environmental development plans can help by taking a more strategic and holistic approach to the whole area and bringing another piece of land into the equation—a piece of degraded and endangered land that can be protected and have its biodiversity enhanced to make up for the loss on the developed land.

Again, at the moment the wording needs to be amended to ensure a win-win. It is not currently stated in the Bill that the biodiversity benefits on this land need to overcompensate for the losses by the 10% or more required under the current biodiversity net gain system. If we sited that greened-up land as close as possible to the sacrificed development land, we would help wildlife displaced from one area to colonise another, and it would act as a green space for the people who move into that development. That is a win-win and can fit perfectly with existing local nature recovery strategies, but they need to be added into the Bill.

Alongside these big, broad principles, the Bill needs amending to ensure that environmental development is in place and under way before building development starts; to ensure that biodiversity benefits are carefully and scientifically measured and monitored, with further enhancements to the plan being made, if necessary, if the hoped-for outcomes are not at first forthcoming; and to ensure that the greened-up land, once allocated, is given a high and permanent level of protection so that it cannot just be built on itself in a few years’ time, negating its purpose.

I very much hope that the Government will consider putting forward their own amendments to deal with each of these. I look forward to working with other noble Lords on them.

Renters’ Rights Bill

Baroness Freeman of Steventon Excerpts

Wednesday 14th May 2025 Lords Chamber

[Baroness Kennedy of Cradley (Lab)]

My Lords, I support Amendment 222 in the name of the noble Baroness, Lady Thornhill, and all the amendments in this group, including Amendment 228 in the name of the noble Baroness, Lady Grender, and the noble Lord, Lord Best, to which I have added my name. I declare my interest as a Nationwide Foundation trustee—I think I declared this last time I spoke, but I cannot remember, so better twice than never.

I am sure the noble Baroness, Lady Thornhill, will set out in great detail why the list of criteria is needed in the Bill. However, put simply, more detail on what the PRS database will contain needs to be in the Bill, which needs to set out core functions and minimum standards. Leaving the detail to be filled in later by regulation at the whim of a future Secretary of State is not acceptable. It will make the Bill less stable and requirements less easily understood. Landlords need clarity about what the law requires of them and tenants need clarity on what they can expect in terms of their rights.

I hope my noble friend Lady Taylor of Stevenage will bring back on Report an amendment that sets out minimum requirements for the PRS database that can sit in the Bill, to give clarity and direction akin to Amendment 222 in the name of the noble Baroness, Lady Thornhill.

[Baroness Freeman of Steventon (CB)]

My Lords, I have added my name to Amendment 222, in the name of the noble Baroness, Lady Thornhill. This Bill is very big and has wide-ranging impacts. Some are certainly planned, and others are possibly unplanned. It is vital that those impacts are evaluated. It is unfortunate that, at this stage, the evaluation plan is slightly unformed, but the impact assessment makes it clear that it is going to rely on some of the data collected in this database. Given that it is going to rely on that data, I think it has to be specified in the Bill.

For example, one of the prime aims of the Bill is to increase security of tenure, thereby reducing evictions and unplanned moves. The current source of that data is from the English Housing Survey, which suffers from the vagaries of any survey at the moment and questions about its validity. More importantly, it also does not have the necessary granularity, given that the local authority level is going to be the level at which this Bill is enforced. So we need the data that is going to be collected in this database in order to be able to tell whether the Bill is at all effective, and what other effects it might have.

That is true also of things such as rental increases, which it is trying to keep a lid on. If we do not have a record of those rental increases, we will not know whether it is effective. So I am concerned to hear tonight that the database may not even be fully in action within the first year of the Act being passed. How will we know what the effects are if the Act has already been in place for over a year before we measure some of these impacts? I would love to hear more from the Minister about what is going to be in the database and when those different aspects of the database are going to be active.

[The Earl of Lytton (CB)]

My Lords, I have already mentioned Amendment 222 in the name of the noble Baroness, Lady Thornhill, so I need say no more about it at this stage. I turn, then, to the one other amendment in this group that interests me: the one introduced by the noble Baroness, Lady Grender. The information that she proposes should be disclosed in the database is quite extensive. I have three points to make.

First, is the noble Baroness satisfied—and would the Minister consider herself satisfied—that, if there were an ongoing dispute, putting that data raw, on an incomplete process, would be free from creating a prejudice around the outcome? That might be in either direction; I am thinking only that this might be a quasi- judicial process of one sort or another. I just wish to flag that up.

Secondly, in any event, obviously, the database would identify both parties: the renter and the landlord. I assume that, when the noble Baroness says that her amendment would create a greater egalitarian thing, she is also happy with renters and landlords being mentioned, because the identity of the parties will be known. However, depending on the detail that goes in, there might be the disclosure of what might be described as more sensitive information related to the nature of the dispute; I wished to flag that up in case it had been overlooked. Bear in mind that, if we are talking about an open register, this goes to everybody, anywhere, who can tap into the information.

Thirdly, there is a whole issue here around the performance characteristics that sit behind this group of amendments, in terms of what is going on around the efficiency of the process through which information might be derived from this database. There must be a difference, I think, between the metadata from the processing of things, such as the speed at which things are dealt with and so on, the data on the types of disputes that might typically arise, including their frequency and distribution, and the individual data on the register. There will certainly be derivative information that does not necessarily require the total disclosure of all sorts of intricate and possibly personal details.

I would be very happy for the database to be used for the purpose of the further processing of non-personalised data of one sort or another for statistical and performance calculating processes. I am less clear, though, that that necessarily sits as a direct part of the database; that is, as a derivative of it. One must be careful about what one is expecting the raw data on a database to consist of; and about how it is going to be used as a derivative thereafter.