Planning and Infrastructure Bill

Debate between Baroness Grender and Baroness Taylor of Stevenage

Report stage
Wednesday 29th October 2025 Lords Chamber

[Baroness Grender (LD)]

My Lords, I will speak very briefly, just in case there is a move to test the opinion of the House on Amendment 164 in the name of the noble Lord, Lord Roborough. While we understand the intent behind the proposal, we on these Benches are not persuaded that removing the provision for mandatory payments to the nature restoration fund would be a step in the right direction. If developers choose to proceed through an EDP route, it is only right that they contribute to the environmental mitigation and restoration measures that make those plans effective. Allowing them to opt out of such payments risks undermining the consistency and fairness of the system and could weaken the overall purpose of the fund to ensure that development contributes positively to nature recovery. Therefore, we approach the amendment, and a possible vote on it, with considerable caution.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, this group of amendments seeks to examine the circumstances in which an environmental delivery plan, and the associated levy payment, could be mandatory. Amendment 164, in the name of the noble Lord, Lord Roborough, would wholly remove the option for an EDP to be mandatory. Amendment 164A, in the name of the noble Lord, Lord Langsley, would significantly restrict the circumstances in which an EDP could be made mandatory. I assure noble Lords, as I previously stressed in Committee debates, that the scenario of mandatory EDPs and levy payments will arise only in limited, exceptional circumstances. I will explain that in a bit more detail—the noble Lord, Lord Lansley, suggested that I would say that again—to try to reassure noble Lords.

A key purpose of the NRF is to offer developers an alternative way to meet their environmental obligations, so it is not our intention to make EDPs the only route available. As I have set out, Natural England is able to recommend that an EDP be mandatory only where it believes this is necessary, and it would be required to set out its reasoning within that EDP. That would form part of the consultation on that EDP—allowing developers and others to support or oppose this approach —and the responses to that consultation would of course form part of the Secretary of State’s consideration before making that EDP.

We consider that these steps represent a significant consultative and democratic safeguard. However, we also recognise that there is interest in what circumstances the Government consider may be necessary for an EDP to be mandatory rather than optional. We consider that there are two broad possibilities, the first of which is in instances where the ability to make an EDP mandatory provides a crucial assurance to Natural England and the taxpayer. For example, were Natural England to work with the developer and invest significant resource into preparing a bespoke EDP to address the impacts of a single large development such as a piece of energy infrastructure, that EDP is not likely to be usable by anyone else. If the developer or promoter subsequently chose to discharge their environmental obligations via a different route, that cost of developing the EDP would be wasted. It is important, therefore, to have a mechanism to provide certainty that an EDP will be used in such a scenario.

Secondly, if an EDP could only secure the right conservation measures to pass the overall improvement test and if all developers in scope paid in, but consultation showed that a small minority of developers did not wish to do so, it may be reasonable for Natural England to recommend and for the Secretary of State to agree that the EDP should be mandatory. A consideration of the overall benefits to growth and development would be properly in the gift of the Secretary of State in this scenario.

It is also important to note that the Bill contains a duty on the Secretary of State in drafting the levy regulations to ensure that even where payment of the levy is mandatory, it does not make development economically unviable, as this would not deliver the win-win the NRF is seeking to achieve.

Noble Lords will have the opportunity to scrutinise these regulations. They are subject to the affirmative parliamentary procedure, which will enable stakeholders to have the opportunity to comment on regulations before they are made. In developing the regulations, we will, of course, work closely with stakeholders to ensure the effective operation of the levy system. Given this reassurance as to the limited circumstances where the levy could be mandatory, I hope that noble Lords will not press their amendments.

Amendment 158A, also in the name of the noble Lord, Lord Lansley, seeks to limit circumstances where an EDP could be amended so as to make payment of the levy mandatory. I assure the noble Lord that while we do not envisage Natural England amending an EDP to make payment of the levy mandatory, the Bill already provides that an EDP could be amended in this way. Such a scenario would be very unlikely to materialise, because the Secretary of State would need to consider whether making an EDP mandatory meets the high legal bar of this being necessary. However, if it did, the Bill as drafted already allows for this to happen, crucially, following further public consultation and, of course, the consent of the Secretary of State. With this reassurance, I hope the noble Lord will feel able to withdraw his amendment.

Planning and Infrastructure Bill

Debate between Baroness Grender and Baroness Taylor of Stevenage

Report stage
Wednesday 29th October 2025 Lords Chamber

[Baroness Taylor of Stevenage]

My Lords, we turn to a series of government amendments that ensure that the NRF properly manages any potential cross-border effects and operates as intended in relation to Ramsar sites, as well as in the marine context.

On our cross-border related amendments, I assure noble Lords that, while numerous, these are technical amendments that reflect our discussions with the devolved Administrations to address circumstances where an environmental feature of an EDP may relate to a protected site that is in Scotland or Wales.

I shall draw out the key amendments. Government Amendment 133 ensures that, where an EDP relates to a protected site that is not wholly in England, an EDP may not use network measures to address these impacts.

Government Amendment 136 simply defines “England” for the purpose of this clause as including its marine context. This is in line with the devolution settlements, as it would not be appropriate for a plan developed to address the impact of development in England to allow for potential impact on a site in Scotland or Wales, even where that would lead to an overall improvement in the conservation status of the environmental feature.

In line with that close working and co-ordination, government Amendment 145 will require Natural England to seek the advice of the Natural Resource Body for Wales, whose operating name is Natural Resources Wales, and Scottish Natural Heritage, whose operating name is NatureScot, as well as the relevant devolved Ministers where the environmental feature in a draft EDP relates to a protected site in Wales or Scotland respectively. Government Amendment 149 specifies that for these purposes “Wales and Scotland” encompasses the territorial waters adjacent to Wales and Scotland, as is the case in respect of England in Part 3.

Ramsar sites are internationally significant wetlands that play a vital role in promoting biodiversity and climate resilience. Through the Bill, we are putting Ramsar protections on a legislative footing to ensure that the nature restoration fund can be used to address the negative effects of development on Ramsar sites. This will allow development to come forward more quickly, while securing better outcomes for nature, making building quicker and simpler. To date, these sites have been subject to the HRA process in the same way as habitat sites as a matter of policy, so in the vast majority of cases there will be very little change to how the HRA process is applied to these sites. However, these changes will place the existing policy protections for Ramsar sites on a statutory footing, providing clarity for developers where Ramsar and habitat sites overlap and where assessment requirements may otherwise diverge, as well as ensuring that we continue to meet our international obligations under the Ramsar Convention. These government amendments ensure that the nature restoration fund can operate as intended for Ramsar sites.

Previously, the Bill referred to Ramsar sites in England, which would have meant that, when assessing a plan or project in England, a competent authority would not have been subject to a statutory requirement to consider possible impacts on Ramsar sites in Wales and Scotland. That would have placed new obligations on competent authorities in Wales, which was not our policy intention. I hope noble Lords will agree that this is a helpful step forward in firming up the protections for our most precious wetlands.

Government Amendment 231 is technical in nature and has been drafted to ensure that the Bill is fully operable within the marine context. With marine conservation zones now treated as protected sites for the purposes of Part 3, it is necessary to make limited exceptions to certain provisions in the Marine and Coastal Access Act that are intended to restrict activities impacting these areas. This will, for example, ensure that Natural England can carry out conservation measures benefiting these important marine sites without risk of breaching existing legislative requirements. This will apply only to Natural England and other public authorities carrying out functions relating to the nature restoration fund in the marine context.

Finally, government Amendment 255 is a minor drafting correction to ensure the extent provisions reflect amendments made to Clause 46 in Committee. This amendment removes a stray reference to provisions of that clause which were left out in Committee. I therefore hope the House agrees to accept these amendments. I beg to move.

[Baroness Grender (LD)]

First, I would like to associate these Benches with the best wishes sent to the noble Baroness, Lady Hayman. I hope she is better soon. One or two of us spotted her attempting to struggle in this morning. The Minister here has had to take up a whole raft of amendments on which she was not expecting to lead at the start of today. We thank her for picking this up.

This is a comprehensive suite of technical amendments, and we are wrapping our heads around it. As firm federalists, we obviously welcome the consultation across borders, particularly in Amendments 145 and 133, mandating specific consultation requirements on Natural England. Proper cross-border consultations are the baseline requirement for sensible environmental policy. We will watch with some care with regard to marine and coastal access. The required removal of existing environmental checks suggests to us that the EDP framework risks some kind of weakening of protection.

We welcome the suite of amendments to Schedule 6 to explicitly amend the Conservation of Habitats and Species Regulations 2017 to treat Ramsar sites more like European sites, requiring an appropriate assessment for plans or projects situated wholly in England that are likely to have a significant effect on a Ramsar site. Extending statutory protections to these internationally important wetlands is a move towards a more robust nature safeguard. On the whole, we welcome this suite of amendments, but there are one or two that we will watch.

--- Later in debate ---

[Baroness Grender (LD)]

My Lords, I thank the noble Lord, Lord Roborough, for tabling Amendment 138. I will be extremely brief and I will explain why in a second. We look forward to hearing the Minister’s response. We all need to be extremely mindful of invasive non-native species and the pressures they put on our beautiful, natural countryside.

Moving on swiftly—no joke intended—we support Amendment 245, tabled by the noble Lord, Lord Goldsmith. Amendments on swift bricks are a bit like buses: you wait ages and then two come along. We have another amendment in the next group. I am almost excited now in anticipation of the critique of Amendment 140 from the noble Lord, Lord Krebs.

We will develop our arguments on swift bricks, plus other measures, in the next set of amendments. As a slight precursor to that, I will say that we believe that the right way of doing things is to have a level playing field with developers and ensuring that everyone is asked to put in swift bricks. They cost 30 quid per brick, as I understand it. As the noble Baroness, Lady Coffey, has already said, this is not going to break the bank of any developers, especially with their net profits. We will support this amendment if it moves to a vote, but we are also very keen to get to the next group. I apologise to the House that we did not manage to get these two sets of amendments in the same group, which would have been much more sensible.

[Baroness Taylor of Stevenage (Lab)]

My Lords, this has been a very interesting debate. I thank the noble Lord, Lord Roborough, for Amendment 138, which seeks to protect the environmental features of environmental delivery plans that are identified as being at risk from invasive non-native species. As he said, we have had some very interesting discussions in meetings outside the Chamber about the various non-native species that plague our lives.

As we outlined in Committee, the Government recognise the negative impacts of invasive non-native species on our native species and ecosystems, and we are committed to taking action. We are already delivering the GB invasive non-native species strategy and have established the GB Non-native Species Inspectorate, as well as recently consulting on five pathway action plans that would target action at key pathways through which invasive non-native species can be introduced and spread.

While I appreciate the noble Lord’s intentions in tabling this amendment, we do not believe that it is necessary or feasible. The NRF already allows invasive non-native species control as a conservation measure, where it would be relevant to the environmental feature concerned and would support the delivery of the overall improvement necessary under the EDP. However, control may not always be the best option: other conservation measures may represent better value for money, have greater environmental impact and be more appropriate, in line with the need to secure the overall improvement by the EDP end date.

The amendment would introduce a free-standing requirement to take action to eradicate invasive non-native species from a development site, even where this is not linked to the impact from development covered by the EDP. This would require developers to pay to address an issue unrelated to their development. Mandating action in this way could delay an EDP’s preparation and delivery, increase costs and inadvertently limit the ability to secure the best environmental outcomes. On that basis, it is more appropriate that control remains a potential conservation measure under EDPs, to be used at Natural England’s discretion where it represents the best option. With this explanation, I hope the noble Lord will consider withdrawing his amendment.

On Amendment 245, the Government are committed to driving nature’s recovery while delivering the homes and infrastructure we desperately need. We recognise the dramatic decline of the much-loved swift and of other nesting birds, and I have had many discussions on this subject with the noble Lord, Lord Goldsmith. We are committed to supporting the rollout of swift bricks alongside new development. The only distinction between our position and the amendment before us is in the mechanism by which we seek to increase the use of this wildlife-friendly feature.

Incidentally, I had a meeting this week with Adam Jogee MP, who has a huge brick manufacturing plant in his constituency. I asked him whether he would speak to the people in that company to persuade them to produce swift bricks as well—so I am still on the case.

I thank the noble Lord, Lord Goldsmith, for his contribution on this topic and for setting out why he considers that swift bricks are an exceptional measure. We know that mandating swift bricks through building regulations is an issue of long-standing interest. I have debated it many times in this House. As we have laid out before, building regulations in the UK are designed to safeguard the health, safety and well-being of individuals in and around buildings. They were not designed to apply to the protection of wildlife, and expanding their scope to include interventions such as swift bricks would mark a significant shift in regulatory intent. This risks a number of unintended consequences, including diluting the purpose of the current regime, establishing overlapping policies and adding administrative pressure to a system that is already undergoing significant reform.

Furthermore, the process of updating building regulations is highly technical and complex. Introducing requirements that fall outside the current remit could slow down essential updates, divert resources, place additional burdens on registered building control approvers, complicate existing inspection, sanction and enforcement procedures, and fundamentally undermine the credibility of the system. We strongly believe that planning policy is the best way forward. The Government remain committed to consulting on a new requirement for swift bricks to be incorporated into new buildings as part of our consultation on national planning policy, which we intend to launch this year.

I am very grateful for the fascinating intervention from the noble Lord, Lord Krebs, because he helped emphasise that there are wider issues to be considered here. I hope that, by consulting on this national planning policy, we will be able to get the best outcome for nature as part of the planning policy that we set out.

In June, we published updated planning practice guidance, which set out expectations for the use of these features and signposted to further resources, including the relevant British industry standard. These measures are further to the new policy we introduced last December, which explicitly stated that development proposals should enhance the natural environment

“by incorporating features which support priority or threatened species such as swifts”.

We expect these policies to be adhered to and enforced, with the rest of planning policy that we have addressed previously, as a material consideration in planning decisions. Local planning authorities possess a range of powers to ensure that the terms of planning permissions are complied with, and they are able to take enforcement action where the requirements of a planning permission are being breached.

To bolster planning departments, last autumn, we announced a £46 million package, which included funding for the recruitment and training of 300 planners. Through the Bill, we are enabling authorities to increase planning fees and strengthen service delivery. We have put some resources in to help with the enforcement as well.

As we have set out previously, progress is already under way. I hope that the noble Lord, Lord Goldsmith, has noted that we have not stood still since our earlier discussions on this topic.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, we recognise that many of our most precious species are in decline, and we are clear that we need to restore the health of our ecosystems.

I thank the noble Baroness, Lady Grender, for her amendment, which seeks to enhance biodiversity in new development. However, as I set out previously, this is not about what we are doing but about the mechanism for doing it. That is where we have an issue. We do not believe that the use of building regulations is the best way of achieving our shared ambition, given that they are used primarily for human health and safety. As I have explained, expanding their scope to deliver unrelated environmental objectives risks weakening their clarity and efficacy and introducing delay and further complexity.

The planning system already sets out to support biodiversity and achieve nature recovery alongside the delivery of homes and infrastructure. Since 2024, subject to certain exceptions, biodiversity net gain has been mandatory for new planning permissions to achieve at least 10% net gain in biodiversity value. This is a significant step towards achieving our biodiversity targets set through the Environment Act. As we have set out previously, planning policy is clear that opportunities to improve biodiversity in development should be integrated as part of the design, including wildlife-friendly features. We will be consulting on a new requirement for integral nest boxes which can support a range of cavity-nesting birds, including swifts, starlings and house sparrows. Additionally, planning guidance such as the National Model Design Code and Natural England’s green infrastructure framework supports decision-makers to select design elements which suit individual proposals, including green roofs and walls, hedgehog highways—mentioned by the noble Baroness, Lady Freeman—bird bricks and bird and bat boxes. These can be used by local councils as a toolkit to set local design expectations. I hope therefore that the noble Baroness, Lady Grender, can withdraw her amendment.

I thank the noble Baroness, Lady Coffey, for tabling Amendment 203A. However, as mentioned in the previous debate on a similar amendment, the Government cannot support the introduction of a new permitted development right for ponds as an amendment to this Bill. We continue to recognise that ponds can deliver important biodiversity benefits, and we do want to encourage them in the right location. We also note the benefits of ponds for farmers in providing valuable sources of irrigation during dry periods. However, it remains the case that changes to permitted development rights are brought forward through secondary legislation as amendments to the general permitted development order. Such changes generally follow public consultation to ensure that the views of the public, including those who would benefit from the rights created, are taken into account. Consultation also allows for consideration of any potential impacts of the proposal and consideration of how these might be mitigated.

There are also existing permitted development rights which do enable the creation of ponds where appropriate. For example, under an agricultural permitted development right, farmers can create ponds and on-farm reservoirs, subject to certain limitations and conditions to manage and control their impacts. Home owners can also create new ponds in their gardens under householder permitted development rights, again subject to certain limitations and conditions. This amendment seeks to provide a national grant of planning permission for ponds across the whole of England, regardless of whether one would be appropriate in a particular location, such as on land used for public recreation or in an area where it could increase flood risks. To ensure that ponds are appropriately located, there are circumstances where a planning application is appropriate. We therefore cannot support the amendment. However, as always, we continue to keep permitted development rights under review. For these reasons, I would kindly ask the noble Baroness not to press her amendment.

Turning to Amendment 246, I recognise the desire to reduce bird fatalities that result from collisions with buildings, and I am very grateful to the noble Baroness, Lady Freeman, for meeting with me ahead of this debate to discuss her interest in ensuring that new buildings are designed to reduce bird fatalities. Amendment 246 seeks to ensure that buildings incorporate features to reduce bird fatalities, particularly through design and the use of bird-safe glass, by embedding bird safety within the National Planning Policy Framework. The NPPF is already clear that planning policies and decisions should contribute to and enhance the natural and local environment, and that opportunities to improve biodiversity in and around development should be integrated as part of the design.

When determining planning applications, local planning authorities should apply the principle that, if significant harm to biodiversity resulting from the development cannot be avoided, adequately mitigated or, as a last resort, compensated for, planning permission should be refused. Supporting guidance such as the National Model Design Code and Natural England’s Green Infrastructure Framework demonstrate how well-designed places can foster rich and varied biodiversity by facilitating habitats and movement corridors for wildlife. Local design codes allow local authorities to set their own rules for high-quality places. I am very happy to consider what more can be done to promote the kinds of features that can help species safety that the noble Baroness has outlined. However, amending the NPPF to state that all new and refurbished developments should incorporate measures to prevent bird fatalities, such as bird-safe glass, would extend the reach of planning considerably beyond the extent of current controls and would likely increase construction costs and design complexity, ultimately constraining the delivery of the housing and infrastructure we so desperately need.

In addition, while some types of development, such as large-scale commercial schemes, may warrant targeted intervention, a blanket requirement would not adequately reflect the risks to species across diverse building types and locations. Bird fatalities due to collisions with buildings are a genuine concern, but a measure such as this has the potential to drive up costs and building delays without delivering proportionate benefits for nature. In light of these considerations, I hope the noble Baroness, Lady Freeman, will agree not to press her amendment.

In response to the noble Lord, Lord Blencathra, who asked me a specific question about the nature Bill, he will know that that is the province of Defra, so I do not have an answer for him immediately. If it is future legislation that is not already planned for this Session, I doubt whether we will be able to answer his question as specifically as he wants, but I will endeavour to seek advice from Defra about when and if they intend to bring a Bill forward.

[Baroness Grender (LD)]

My Lords, I thank the Minister for responding to this amendment. She says the policy is clear, and that may be the case, but the compulsion is not. Those developers who can get away with not doing this, as we all know, will attempt to do that. The swift brick will be back—I believe as early as Monday—but in the meantime, we will keep on working on this. I beg leave to withdraw this amendment.

Planning and Infrastructure Bill

Debate between Baroness Grender and Baroness Taylor of Stevenage

Committee stage
Wednesday 17th September 2025 Lords Chamber

[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.

Renters’ Rights Bill

Debate between Baroness Grender and Baroness Taylor of Stevenage

Monday 7th July 2025 Lords Chamber

[Baroness Grender (LD)]

My Lords, I will speak to Amendments 90 and 93 in the name of my noble friend Lady Thornhill, who, unfortunately, cannot be here. These are thoughtful and constructive proposals that seek to strengthen the effectiveness and accountability of the Bill.

Amendment 90 would require a review of the impact of Part 1 within three years, specifically addressing its effect on renter security and stability. Given the significance of the reforms introduced by the Bill, it is entirely reasonable to build in a mechanism to evaluate whether these changes are achieving their intended outcomes and put it before Parliament. I am aware that the department conducts its own review processes for legislation of this kind, but I would welcome assurances from the Minister that these reviews will be thorough and fully account for the various impacts of the Act across the private rented sector.

Amendment 93, also tabled by my noble friend Lady Thornhill, proposes a review of how well tenants understand their rights and obligations under the Bill and where they are most likely to seek that information. This speaks to a critical issue. The Bill makes a number of positive reforms, particularly in strengthening the rights of renters to challenge unfair practices such as unlawful rent increases, poor property standards or breaches of their tenancy agreements through accessible routes such as the First-tier Tribunal. However, as we have discussed again and again in Committee and at Second Reading, far too many tenants either are unaware of these rights or lack the practical information and support needed to exercise them. Without clear and accessible communication, even the most well-intentioned reforms risk falling short. This amendment would ensure that the Government are proactive in identifying how renters seek advice and whether current methods of communication are effective at reaching them. It is only through this kind of follow-up that the Bill’s protections can be meaningfully realised in practice.

Amendment 60, tabled by the noble Baroness, Lady Scott, would require the Secretary of State to produce an annual report on financial assistance provided to local housing authorities. As drafted, in our view, the amendment does not clarify the contents of the review and the information it suggests is already available. We are much more supportive of Amendment 118, which would require a broader review of the impact of the Bill on the housing market. We attempted to introduce this on day 1 of Report; we argued then that, given the scale of the reforms to the private rented sector, a review of this kind would provide a useful opportunity to assess the Bill’s wider consequences.

We hope the Minister will take these considerations into account. These amendments do not seek to undermine the Bill but rather to ensure that its implementation is informed, effective and fair. A commitment to review the impact on renters’ stability and to assess how well tenants understand and can access their rights would demonstrate that the Government are serious about delivering lasting change in the private rented sector. It would also offer a valuable opportunity to identify where further support or clarification may be needed, helping ensure that the reforms achieve, as we all hope, their full potential.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baronesses, Lady Scott and Lady Thornhill, for their amendments, and the noble Baroness, Lady Grender, for again ably speaking to them.

Amendment 60 would require the Secretary of State to publish a statement of the financial assistance provided to local authorities in connection with their powers to impose civil penalties for breaches and offences relating to assured tenancies. The statement would need to be laid before Parliament within 12 months of Clause 16 coming into force, and then annually for an indefinite period. It is clearly important that local authorities are prepared to fulfil the duties placed on them by the Bill. However, requiring the Government to produce an annual statement of the nature outlined in this amendment would create a significant administrative burden for little benefit.

We know that the enforcement duties created by the Bill will present an additional net cost for local authorities. That is why we will ensure that the additional burdens created by the new system are funded in line with the new burdens doctrine. We will continue to work closely with local authority stakeholders as the Bill is implemented to ensure a smooth transition to the new system. For these reasons, I ask the noble Baroness, Lady Scott, to withdraw her amendment.

Amendment 90 from the noble Baroness, Lady Thornhill, seeks to prescribe the groups with which the department would be required to consult as part of this process. I know there is a large amount of interest in this House on the impact of this legislation, and I have previously set out to the House the approach we will be taking to monitoring and evaluating the impact of the Bill.

The use of a broad range of data is at the heart of our approach. As well as existing data, we will use data from stakeholders such as local authorities, and data generated from the reforms themselves. I agree that it is important that our evaluation makes use of interviews, surveys and focus groups, and we have committed to conduct these with a range of stakeholders. This amendment would require the Government to speak to renters, landlords and local authorities as part of our evaluation. We have already committed to speaking to these groups. In fact, we plan to go further and draw on the experience of letting agents, third-sector organisations, delivery partners, the courts and tribunals service and government officials. The information we collect from speaking to these stakeholders will be used as a key part of our evaluation of the programme.

I also recognise that this amendment places a particular focus on the impact of the Bill on levels of homelessness and the use of temporary accommodation. We already collect robust data through the Homelessness Case Level Collection. Local authorities provide quarterly data returns on their actions under the homelessness legislation. This allows us to effectively monitor homelessness, including temporary accommodation breakdowns.

No approach to tackling homelessness can rely on a single action. Instead, we are determined to address the homelessness crisis we inherited and deliver long-term solutions. That is why we have already made a £1 billion investment in homelessness and rough sleeping services this year—2025/26—a £233 million increase on the previous year. In addition, we are developing a cross-government strategy to get us back on track to ending homelessness. We are committed to moving away from a system focused on crisis response, taking a holistic approach to preventing homelessness in the first place and driving better-value-for-money interventions.

Amendment 93—also from the noble Baroness, Lady Thornhill—would introduce a legal requirement for the Secretary of State to conduct a review of the extent to which tenants in the private rented sector understand their rights and obligations. I know the House will share my view that the successful implementation of the Renters’ Rights Bill is firmly rooted in how widely its provisions are known and understood, and I completely agree with the noble Baroness, Lady Grender, in that respect. I therefore want to reassure the House that the Government are committed to raising awareness of the full range of Renters’ Rights Bill reforms across the private rented sector. This will be done through robust and extensive stakeholder engagement, providing the sector with a full suite of guidance on the reforms and an overarching communications campaign, along with partnership marketing. This extensive and targeted work will ensure each part of the sector fully understands its new rights and obligations.

The Government have already committed to a comprehensive monitoring and evaluation programme of the reforms, drawing on a wide range of data sources and stakeholder input. Including a requirement for a review of tenants’ understanding of the rights and responsibilities in the Bill therefore represents an unnecessary step. On the basis of these arguments and our clear commitments, I ask the noble Baroness, Lady Thornhill, not to press her amendments.

Finally, I turn to Amendment 118 in the name of the noble Baroness, Lady Scott. I appreciate the concern that underpins Amendment 118, namely the potential impact of the Renters’ Rights Bill on the housing market in England and whether it might discourage landlords from remaining in the sector. As we consider this issue today, it is important to reflect on the evidence already available. The 2023-24 English Housing Survey shows that the size of the private rented sector has remained broadly stable since 2013-14. This suggests that, despite ongoing discussions about reform since 2019, landlords have not exited the market in significant numbers. The Government remain confident that the measures in the Bill will not destabilise the rental market. On the contrary, our proposals make sure that landlords have the confidence and support they need to continue to invest and operate in the sector.

I will not repeat the details I set out in Committee of this Government’s commitment to thoroughly monitoring and evaluating the private rented sector reform programme using a wide range of data sources and stakeholder input. However, for the benefit of the House, I will briefly set out our plans for publishing the findings from this evaluation, which I believe is what the noble Baroness, Lady Scott, was asking me.

In accordance with the policy set out in our evaluation strategy, the department will publish its assessments of the Renters’ Rights Bill on GOV.UK at two key intervals: two years and five years after implementation. To ensure the reports are publicly accessible, copies will be formally lodged in the Libraries of both Houses of Parliament at the time of publication.

I reassure the noble Baroness that we are committed to carrying out a robust evaluation of the Renters’ Rights Bill. We will disseminate its findings widely so that parliamentarians, tenants, landlords, local authorities and wider stakeholders will be able to see and scrutinise the impact of the reforms in a timely way. For these reasons, I ask the noble Baroness not to press her amendment.

Renters’ Rights Bill

Debate between Baroness Grender and Baroness Taylor of Stevenage

Thursday 24th April 2025 Lords Chamber

[Baroness Grender (LD)]

My Lords, I will speak very briefly from these Benches to say that there is some nervousness on our part with regard to these amendments and the potential for loopholes to be created. If the discussion is that this is a meeting of equals between tenants and landlords, then I am not sure that this is entirely the case from all the experience and data that we have so far. Let me stress that one of the reasons why we are very excited about the data section, which we will come to later in the Bill, is that we have quite a strong belief that there is limited knowledge about who is out there and who is a landlord right now. All we know about are the responsible ones who register themselves and provide information.

A tenant by very definition is not an equal to someone who owns a property. There may be exceptions to that case, such as tenants who are in high-end properties, but on the whole the tenants we are talking about within the Bill are the ones who struggle on a weekly basis to pay their rent. Therefore, it is not a meeting of equals.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Scott, for her amendments. Amendments 32, 33 and 34 seek to expand the definition of a family member for the purposes of possession ground 1. This mandatory possession ground is available if the landlord or their close family member wishes to move into the property. These amendments widen the ground to allow a landlord to claim possession from an existing tenant to move in relatives of their spouse, partner or co-habitee, along with nieces, nephews, aunts, uncles or cousins.

In choosing which of the landlord’s family members can move in under ground 1, we have reflected the diversity of modern families while drawing a line short of where some might wish. But we are of the view that to expand the ground any further would diminish tenant protections too far. It would open tenants up to evictions from a wide range of people—potentially very significant numbers indeed where families are large—while providing more opportunity for ill-intentioned landlords to abuse the system.

The noble Baroness, Lady Scott, asked why “family member” is used in Clause 21 while close family member is used in the moving-in ground. The moving-in ground is designed for very specific circumstances where a landlord’s family member is in need of accommodation, so it is right that this definition is narrower, as tenants risk losing their home. New Section 16N of the Housing Act 1988, “Guarantor not liable for rent payable after the tenant’s death”, as inserted by Clause 21, is specifically targeted to stop those grieving being held liable after a tenancy should have been ended, and it is right that this is a broader protection. The use of guarantors is wide ranging and, as such, a wider definition is needed to encompass all relevant persons. However, that is not the case when a tenant is facing eviction from a property.

For these reasons, I ask the noble Baroness to withdraw her amendment.

Renters’ Rights Bill

Debate between Baroness Grender and Baroness Taylor of Stevenage

Tuesday 22nd April 2025 Lords Chamber

[Baroness Grender (LD)]

What we are trying to achieve with this amendment is a guaranteed fixed period for a developer. Authoritative bodies in this sector have suggested that some kind of guaranteed period does not necessarily mean that Section 21 has to remain. Or is it the Minister’s firm belief that you cannot give a fixed period to a developer in order to encourage construction without an element of Section 21 being there?

[Baroness Taylor of Stevenage (Lab)]

We do not want to see Section 21 in place for this. We are talking to the build-to-rent sector about the issues it believes it faces, but I genuinely believe that if somebody is going to be evicted from a property, there must be a reason why they are being evicted. We have provided in the Bill the grounds for why people can be evicted. When I come back to the House on this, I will update noble Lords on the work we are doing with the build-to-rent sector to increase supply. There are fairer ways of doing that than continuing to impose Section 21 evictions on people, just because they happen to have moved into a new-build property.

[Baroness Grender (LD)]

I thank the Minister and the noble Lord, Lord Jamieson, for participating in this short but quality debate. We will go back to our drawing board on this because we think that it is a way of delivering construction. We believe that we can get to a point where this is done without Section 21 being part of it. That was the intention behind the amendment; if it would not achieve that then we will go back and look at it again, because we believe that there must be a way to provide some kind of incentive to increase supply. This is a very modest approach and not about wrecking the Bill or taking 85% of landlords out of the equation, so we will take another look at it. We believe that it can proceed without Section 21 being imposed; clearly the Minister does not, so we will go back to the drawing board. With that in mind, I beg leave to withdraw the amendment.

Private Rented Sector: Affordable Rents

Debate between Baroness Grender and Baroness Taylor of Stevenage

Thursday 27th February 2025 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, the Government entirely understand concerns about the affordability of rents. We have inherited a private rented sector that is failing many low-income renters. The Renters’ Rights Bill will empower tenants to challenge unreasonable rent increases, as well as taking practical steps to end the practice of rental bidding and prohibiting landlords from demanding large amounts of upfront rent. In addition, the Government are committed to building 1.5 million safe and decent homes in England over this Parliament. This boost to supply is critical to improving housing affordability.

[Baroness Grender (LD)]

I thank the Minister for her response, but current rents remain unaffordable for the 34% of renters in poverty—a figure likely to rise with the freeze of local housing allowance. Private rents increased by more than 8% last year and market rates are already out of reach for so many. The First-tier Tribunal will not resolve any of these issues. Are the Government considering any form of rent stabilisation?

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Baroness for her question. We have discussed this in the Chamber before, and the Government have been clear: we do not support rent controls. Heavy-handed rent controls tend to mean higher rents at the start of a tenancy, and they can make it much harder for prospective tenants to find a home. They also encourage the growth of unregulated sub-letting, which can leave the most vulnerable tenants very exposed to higher costs and minimal protections. Those rent controls always come at a cost, often in reduced investment in housing supply and quality standards. We prefer to use this mechanism to strengthen tenants’ rights.

Local Government Reorganisation

Debate between Baroness Grender and Baroness Taylor of Stevenage

Thursday 16th January 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank the right reverend Prelate for his question and for his continued interest in rural communities. We believe that part of the process of devolution will mean that the people who are taking the decisions for rural communities will be people who have skin in the game in those rural areas; that is very important. Places with a significant rural population will, on average, receive an increase of around 5% in their core spending power next year, which is a real-terms increase. The rural service delivery grant does not properly account for need, and a large number of predominantly rural councils receive nothing from it. That is clearly not right, and a sign that we need to allocate funding more effectively. We are keen to hear about rural councils, as well as others, as we go through the spending review, so that we can work on what would work best for them in the new funding system.

[Baroness Grender (LD)]

My Lords, no doubt the Minister will be aware of the eye-watering debts of over £2 billion left to the people of Woking by their former Conservative council. What is the level of risk to other local authorities if they are merged with Woking? What analysis have the Government undertaken of chronic failures of financial management, such as Woking, and the likely impact on reorganisations if the Government fail to find a way to resolve a debt of this nature?

[Baroness Taylor of Stevenage (Lab)]

The noble Baroness is quite right to point out that there are councils that may be in scope for this programme which have significant debt. We are working through a programme with those councils—Woking is one of them and Thurrock is another. It should not be for people outside those areas to pick up that debt. This is not helped by the fact that our Government have inherited a broken local audit system. For the financial year 2022-23, just 1% of audited accounts were published by the original deadline. That is not good enough. We are working on fixing that, and we will be working through a process with the councils concerned.

National Policy Planning Framework: Housing

Debate between Baroness Grender and Baroness Taylor of Stevenage

Monday 6th January 2025 Lords Chamber

[Baroness Grender]

To ask His Majesty’s Government what steps they have taken to compare the need for affordable housing with the need for council and social housing as part of the National Planning Policy Framework.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I add my tribute to Baroness Randerson and offer my condolences to her family and friends. Her wisdom and experience were greats asset to this House, and she will be missed.

Our Government are committed to delivering the biggest increase in social and affordable housing in a generation; I hope we have shown that through our movement. Our revised National Planning Policy Framework reflects the commitment to building a greater share of genuinely affordable homes and prioritising the building of new social rent homes in particular. It is, though, for local authorities to judge the right mix of affordable homes for ownership and for rent that will meet the needs of their communities.

--- Later in debate ---

[Baroness Grender (LD)]

My Lords, while the NPPF is welcome, does the Minister share the widespread concern that the technical term “affordable” does not mean affordable to those in acute need? Research by the National Housing Federation and the charity Crisis shows that at least 90,000 social homes a year are required to end homelessness. Will the Minister consider expressly requiring local planning authorities to reflect that acute need within their plans? It includes those who are on housing registers in need of supported housing, rough sleepers and the homeless.

[Baroness Taylor of Stevenage (Lab)]

I agree with the noble Baroness that the terms “affordable housing” and “social housing” have sometimes been conflated, with unfortunate consequences. To make clear the priority that we attach to delivering homes for social rent, we are amending the definition of affordable housing. It will be carved out as a separate category, distinct from social housing for rent. I hope that that gives the noble Baroness a sign of our intention. We will expect local authorities to assess the need in their areas, including in all the categories that she mentioned, and to make provision to meet that need in their local plans.

Housebuilding Targets

Debate between Baroness Grender and Baroness Taylor of Stevenage

Thursday 12th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend. I am happy to assure her that we are working across government and with industry to deliver sufficient high-quality training opportunities and build a diverse workforce that is fit for the future. She is quite right to identify that this is a real issue in getting the 1.5 million homes built. To support business and boost opportunity, we are transforming the apprenticeship levy into a growth and skills levy, which will allow employers to invest in a wider range of training and empower them to train and upskill workforces for current and future challenges.

[Baroness Grender (LD)]

My Lords, does the Minister agree that the large housebuilding companies have too much power when it comes to deciding what homes to build, where to build and when to build? Can she tell us how her Government’s NPPF can possibly be delivered without strong and effective “use it or lose it” sanctions to get the 1 million homes built that are shovel-ready, with planning permission already given?

[Baroness Taylor of Stevenage (Lab)]

The noble Baroness is quite right to point to that as an issue. We have set up the housing acceleration unit in the department, which I mentioned earlier, to help with that. We want to be quite clear within the National Planning Policy Framework that, where sites are allocated, they should be built out as quickly as possible. There will be follow-up where that is not the case.

Landlords: Long-term Rentals

Debate between Baroness Grender and Baroness Taylor of Stevenage

Wednesday 27th November 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

First of all, I would say that the number of people who were able to own their own properties actually fell under the last Government. I am surprised, with the record that we have heard many times in this House of the number of people who are currently on housing waiting lists and 150,000 people in temporary and emergency accommodation, that the previous Government want to stand up and question this issue in the House. The PRS has doubled in size since 2002. We will continue to do what we can to support both landlords and tenants in that sector. We are about to introduce the Renters’ Rights Bill to this House. I am grateful to all noble Lords who have already engaged on that. If there is anybody who has not yet, do get in touch with me, but I look forward to working with the House to deliver a very effective piece of renters’ rights legislation.

[Baroness Grender (LD)]

My Lords, does the Minister agree that two of the most profound underlying causes of children, the most reluctant tenants of all, being in temporary accommodation—150,000 of them in England alone—are forced evictions and affordability? Does she therefore, like many in this sector who care about this issue, have some cause for concern that the housing allowance has been frozen until 2026 and was not used as an opportunity in the Budget? I ask because there is very welcome legislation coming down the track—but right here, right now, tonight, for 150,000 children, what is the quick solution?

[Baroness Taylor of Stevenage (Lab)]

I am grateful to the noble Baroness for raising that important issue. We have looked at local housing allowance, but increasing that even slightly puts a huge pressure on the overall fiscal picture in the country. So it has not been possible to do that this time, because we had to fill the £22 billion black hole that was left to us as a legacy from the other side. We have put £500 million into delivering more affordable housing, taking us to £3.1 billion in total for affordable housing. We have also increased discretionary housing payments and have put back in the household support grant, which would have run out at the end of September because there were no government plans to meet those costs until the end of the year. That will provide some relief for the most deprived families.