Planning and Infrastructure Bill

Baroness Grender Excerpts

Committee stage
Wednesday 17th September 2025 Lords Chamber

Moved by

[Baroness Grender]

244: Clause 55, page 92, line 6, leave out “an” and insert “a significant”
Member’s explanatory statement
This amendment would require that an improvement made to the conservation status of an identified environmental feature within environmental delivery plans should be significant.

[Baroness Grender (LD)]

My Lords, I will speak to Amendments 244 and 287. These proposals have a clear and focused aim: to secure stronger and more reliable protections for our natural environment through the planning system. I wish to lay out why these changes are not just desirable, but necessary, in light of both recent evidence and practical experience.

Amendment 244 addresses the language on improvements to conservation status, requiring that any improvement to an identified environmental feature within environmental delivery plans be significant. At present, the Bill allows for any improvement to be considered a success, but the reality in England suggests otherwise. By introducing the word “significant”, the amendment raises the test and prevents superficial or minimal gains being counted as genuine progress. It recognises that piecemeal gestures will not restore all-important lost habitats or endangered species. Instead, substantial positive action must become the norm.

This approach also brings better alignment with recommendations that already exist from Defra and findings from ongoing reviews of environmental policy. According to the State of Nature report, wildlife abundance has dropped by 32% since 1970, and 13% of species are now under genuine threat.

On these Benches, we believe that existing standards are simply not sufficient to reverse these declines. The amendment provides clarity for both developers and planning authorities. It ensures that when environmental delivery plans are prepared, their targets must be meaningful and that stakeholders will know that marginal improvements are insufficient.

As a result, both local communities and our wider natural environment will benefit from projects that contribute to measurable ecological recovery. The purpose is not to block development, but rather to set a standard that matches the gravity of the challenge England faces. The amendment also provides transparency and accountability, making it clear to all involved parties exactly what is required for a project to meet its conservation obligations.

Turning to Amendment 287, the rationale is similarly rooted in evidence and practical experience. At present, the Bill requires that developments are likely to improve the environment. In practice, the term “likely” is too vague and too weak.

A University of Sheffield study revealed that 75% of bird and bat boxes, required already in planning conditions, were never actually installed. Such figures clearly highlight how easily requirements can fall through the cracks when they are based only on probability. The public and environmental groups have repeatedly raised concerns about such non-delivery. This amendment replaces “are likely to” with “will”. Its objective is very simple: to ensure that the promised improvements are delivered.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

As the noble Earl will be aware, there are standard timings for government consultations, so we would employ those principles as set out in the government regulations for all consultations. If the noble Earl is not familiar with those, I can certainly send him the details.

[Baroness Grender (LD)]

My Lords, I thank the noble Baronesses for their responses on this. I thank them also for continuing to have an open door. I think that the whole Committee is conveying a huge ambition to work with the Government to get this over the line. I still have concerns that “material improvement” will be interpreted by some as a low common denominator, but we will go away, study the letter received this morning and the words used today, and I hope continue to meet between now and Report. I think that what a lot of Members who have spoken just now are trying to get towards is practical measures that can provide a level of specificity so there is clarity, so that examples that I raised in my opening speech—of much-promised and not-delivered measures—do not occur again. That is what we are striving to achieve here. With that, I beg to ask leave to withdraw the amendment.

Amendment 244 withdrawn.

--- Later in debate ---

[Baroness Coffey (Con)]

My Lords, I thank the Minister for confirming earlier that the environmental principles policy is still in place. That matters in this particular group in terms of the mitigation hierarchy. When the Bill came through, the OEP expressed significant concern about the weakening of the mitigation hierarchy. I am not aware of its opinion on subsequent government amendments in that regard, but, of the five principles set out in the Government’s policy statement, “prevention” is a key element and “Rectification at source” is another one of the five principles.

We are trying to make sure this is crystal clear in the Bill and locked in because of comments made by the Minister in the Commons about flexibility. It is fair to say that, frankly, Clause 66(3) completely sets aside the mitigation hierarchy; to use the phrase of the noble Baroness, Lady Young of Old Scone, it is cash for trash —basically, you can do what you like if you are prepared to pay for it. In that regard, it matters that the Government think again and put this in place in primary legislation. Despite that, Amendment 256ZA in particular is very useful where it talks about “reasonably practicable”. That is an element that, if necessary, can be tested in the courts in due course. But we need to correct this in this House, putting it very firmly instead of saying, as in the words of the Minister, “Our flexibility is fine”.

[Baroness Grender (LD)]

My Lords, Amendment 340 proposes a new clause after Clause 87. This amendment would enshrine clear duties on both the Secretary of State and Natural England to take all reasonable steps to avoid, prevent and reduce significant adverse environmental effects when exercising their functions under Part 3. It would require them to enhance biodiversity to safeguard designated sites—such as the European and Ramsar sites that we have heard mentioned in the previous group—except in exceptional cases, and to protect irreplaceable habitats such as ancient woodland and veteran trees.

I thank the noble Baroness, Lady Freeman, who has signed the amendment. She sends her apologies and says:

“This amendment provides a great opportunity for the Government to clarify the core commitments to existing nature protection that they have stated should remain in the Bill. This amendment is an essential clarification and strengthening of legal duties that already underpin environmental protections but risk being diluted under the new framework established by Part 3. While the Bill aims to streamline development and introduce strategic fund-based mechanisms for environmental management through both EDPs and the NRF, there have been legitimate concerns that existing protections might be weakened or circumvented”.

So this amendment does not obstruct development. It ensures that decision-makers uphold critical environmental principles consistently and transparently. It explicitly requires the Secretary of State and Natural England to take all reasonable steps to avoid causing significant harm, applying the fundamental mitigation hierarchy that we have already talked about and which prioritises avoidance first, minimisation second and compensation only as a last resort.

The amendment’s emphasis on enhancing biodiversity aligns directly with the Government’s own Environmental Principles Policy Statement, which guides all departments to embed environmental protection in their decision-making, and it places biodiversity improvement alongside harm avoidance as a clear statutory duty. Of particular importance is the protection afforded to irreplaceable habitats, as I have mentioned already. These are a unique and fragile ecosystem systems comprising just 2.5% of UK land yet supporting disproportionately rich biodiversity, and the NPPF rightly sets the loss of such habitats as a matter to be refused unless wholly exceptional reasons apply and compensatory measures are in place. Embedding this principle therefore in primary legislation strengthens the hand of conservation and local communities.

The amendment also correctly restricts where significant adverse effects on European and Ramsar sites may be permitted—only where justified by imperative reasons of overriding public importance—and where compensation will occur. This follows long-established environmental law and international obligations, and provides clarity. I look forward to hearing the Minister’s response.