Artificial Light and Noise: Effects on Human Health (Science and Technology Committee Report)

Baroness Hayman of Ullock Excerpts

Thursday 9th May 2024 Grand Committee

[Baroness Hayman of Ullock (Lab)]

My Lords, I start by thanking the committee for its work on the report. I thank the chair, the noble Baroness, Lady Brown of Cambridge, for introducing it, as well as all members of the committee who contributed to it and to today’s discussion.

The noble Earl, Lord Russell, quoted something that is key to the report’s findings:

“Environmental noise and light pollution contribute to a range of adverse health outcomes … Yet light and noise remain neglected pollutants, poorly understood and poorly regulated”.


We heard about the WHO and the European Environment Agency estimates of exposure to harmful levels of environmental noise pollution. I was particularly interested in the comments of the noble Baroness, Lady Neuberger, that they now think it will have a negative impact at lower levels than initially thought. The noble and right reverend Lord, Lord Harries, focused particularly on aircraft, which have a particular impact. I will be interested to hear the Minister’s comments on that, even though it is clearly not central to the report.

The sources of noise pollution that the report talks about clearly include transport, industrial activities and wind turbines, for example. The report also talks about heat pumps and neighbourhood noise. This complicated issue is complicated even further by the need to understand the impact of intermittency, which is a particularly interesting part of it. We heard about the health impacts, particularly around sleep and circadian rhythms being confused. The noble Lord, Lord Krebs, talked about the impact of poor health on the economy and linked how noise pollution contributes to this.

Chapter 2 of the report clearly demonstrated the growing level of scientific evidence, as well as the need for further research and data to support the Government in order to act on the detrimental effects on our physical and mental health. I noted the recommendation in paragraph 28, which suggested:

“The UK should seek opportunities to collaborate with similar countries, sharing research data and methodologies”.


Does the Minister have any information about what is happening in this area? Collaboration will clearly be key.

Paragraph 15 talks about the significant amount of work that will be needed to implement any noise reduction targets. So, in addition to the potential role outlined for the UKHSA, have relevant departments spent any time scoping out what the workload to achieve this would look like? For example, are they looking at international examples?

I wish to focus on the government response to some of the recommendations on noise. First, the Government say:

“Much of the work recommended … is already under way”.


Noble Lords have talked about the new noise mapping system that has been developed. As other noble Lords said, this is a welcome first step forward, but intermittency does not seem to be taken into account; that clearly needs to be addressed. On intermittency, the Government say that

“Defra’s noise modelling system has been designed so that it could incorporate intermittency at a later date, should robust methods be agreed nationally or internationally”.

Is any work or co-operation currently taking place in order to achieve this?

Heat pumps are referred to in paragraph 16 of the government response, which says that

“an independent review of existing evidence on noise emissions and planning standards is being conducted. This is to be followed by a public consultation”.

Can the Minister provide an assurance that noise will not be used as a way of delegitimising the shift away from gas boilers? There clearly are concerns about noise, particularly if heat pumps are too close to a neighbouring property, but confirmation that the Government remain committed to boosting the rollout of low-carbon or no-carbon heat sources would be very welcome. What action, if any, are the Government taking given that the report concluded that most noise complaints about heat pumps come from poor-quality installations rather than inherent issues with the pumps themselves?

The report makes clear that light pollution is poorly understood and poorly regulated, as noble Lords have said. I also note the adverse effects that light pollution can have on both physical and mental health. Light pollution occurs when light shines where it is not intended to and where it is not wanted. As the noble Baroness, Lady Jones of Moulsecoomb, said when referring to Buglife, light pollution is the human-made alteration of light levels from those occurring naturally. We know that symptoms of light pollution are wide-ranging. We heard about the importance of being able to see the night sky and look at the stars, which few people can do day to day from where they live. The Buglife briefing was very good. The noble Lord, Lord Randall, in particular referred to it, as did the noble Baronesses, Lady Brown and Lady Jones.

The noble Lord, Lord Randall, also spoke about the fact that light pollution is increasing. As the noble Baroness, Lady Brown, said, a lot of this is to do with the rapid switch to LEDs. This increases light pollution because the lights are brighter. We have also heard about headlight glare, which comes from using LEDs. The increased blue-light radiation from LEDs causes substantial biological impacts. The report says:

“A significant proportion of light pollution is unnecessary and caused by bad design or poor use of LEDs”.


The noble Lord, Lord Randall, mentioned some very simple ways, from his conversation with his driver, in which light can be reduced. We should be looking at these simple, easy ways as a starting point.

We heard about the health impacts to do with sleep patterns and how this affects overall well-being and quality of life. The noble Lord, Lord Krebs, and the noble Baroness, Lady Neville-Jones, stressed the importance of cross-departmental work. There also needs to be co-ordination with local authorities, which is a central part of the report’s recommendations. The report says:

“The Government should make clear where in each affected department responsibility for noise and light pollution lies”,


and we heard this during the debate. Does the Minister believe that this is being achieved? Can it be achieved and how will it be achieved?

Regarding local authorities, the noble Baroness, Lady Brown, asked about resources. Witnesses interviewed for the report were concerned about a gap between the policy set by the Government and how the policy is being applied by local authorities. As well as looking at resources, will the Government consider reviewing the effectiveness of policy application in this area?

I turn to the Government’s response on headlight glare, for example. This issue has been raised consistently by my noble friend Lady Hayter. In April, the Government announced independent research in that area. Can the Minister provide some clarification? I know this was announced only in April, but how long is it likely to take? Are the next steps likely to be consultation or will it move straight to further regulation? I know that it is early days, and perhaps this is something the Minister could write to me on in the future. It would be interesting to know the progress on this.

The noble Baroness, Lady Neville-Jones, mentioned that major technical and data issues need to be resolved within government priorities. I am concerned that the government response says:

“Further development of the evidence base will need to be considered within the context of government priorities”.


Does that mean that the work has not even started yet? Is it considered a priority?

Finally, it is clear to all of us here that this is a really important report that needs to be acted on. Because of where I live and work, I have clear personal experience of how this affects me. In Cumbria, we have dark skies and peace. I come to London to work during the week, and I struggle to sleep because of the difference in noise and the amount of light compared to where I live. I think many people would note that difference more if they could see that transition more clearly.

Carbon Budget Delivery Plan: High Court Ruling

Baroness Hayman of Ullock Excerpts

Wednesday 8th May 2024 Lords Chamber

Asked by

[Baroness Hayman of Ullock]

To ask His Majesty’s Government what steps they intend to take in response to the ruling of the High Court on 3 May that their carbon budget delivery plan was not sufficient to meet legally binding targets.

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, we are immensely proud of our record on climate change, having gone further and faster than any other major economy in cutting our carbon emissions. The Carbon Budget Delivery Plan sets out more than 300 policies and proposals which the Government have put in place to reach their carbon budgets. The judgment focused on the decision-making process and did not criticise the policies themselves. We will publish a new report, compliant with the court order, within 12 months.

[Baroness Hayman of Ullock (Lab)]

Thanks to ClientEarth and its partners bringing a judicial review, the courts have now told the UK Government not once but twice that their climate strategy is not fit for purpose. The Government believed they could get away with the “vague and uncertain” plan that was referred to in order to deliver the carbon budget delivery plan. They have now had to pledge to do another redraft within the next 12 months. I ask the Minister: why should we trust the Government to do a better job this time, or is it going to be third time lucky?

[Lord Benyon (Con)]

The Government are determined, as all of us who supported the Climate Change Act are, to live by the legal requirements we set for all Governments to hit the carbon budgets. The Carbon Budget Delivery Plan was not criticised for the measures it included. It was criticised in the judgment for the information provided to the Secretary of State. We totally accept that. We accept the ruling and will respond. We will make sure that we are putting in place measures to address this. Sections 13 and 14 of the Climate Change Act are, in hindsight, a little opaque. In a way, this has helped us clarify this and we will work to give all the information needed to show that we will hit our carbon budgets.

Taskforce on Nature-related Financial Disclosures

Baroness Hayman of Ullock Excerpts

Tuesday 30th April 2024 Lords Chamber

[Lord Benyon (Con)]

There is a lot of talking about it but there is also a lot of action. Any day now, we will publish our forest risk commodities regulation, which will be debated by this House and will be an effective way of making sure that consumers here know that they are not using commodities that will result in rainforests being destroyed. However, there is a lot more to be done. I give the example of the Congo Basin, where I was recently. The UK is a major funder towards protecting that extraordinary, vast ecosystem which if it was allowed to collapse would impoverish all sub-Saharan Africa. It is really important that we work internationally on these matters.

[Baroness Hayman of Ullock (Lab)]

Does the noble Lord know how many UK entities or investors have already signed up to the framework and are making progress towards the appropriate disclosures?

[Lord Benyon (Con)]

I do. At the TNFD’s early adopters moment at the World Economic Forum in Davos in January, 320 institutions from 46 countries publicly confirmed their commitment to adopt the TNFD recommendations. Of those early adopters, 46 were UK- headquartered organisations, which is more than in France, Germany and the United States combined.

Forest Risk Commodity Regulations

Baroness Hayman of Ullock Excerpts

Tuesday 12th March 2024 Lords Chamber

Asked by

[Baroness Hayman of Ullock]

To ask His Majesty’s Government when they will lay the forest risk commodity regulations under Schedule 17 to the Environment Act 2021 to prevent the importing of goods responsible for illegal deforestation, and what consideration they have given to the merits of widening the scope in include all deforestation.

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, secondary legislation will be laid in the near future that will make it illegal for larger organisations and their subsidiaries to use regulated commodities and their derivatives in the UK if produced on illegally occupied or used land. Around 70% of tropical deforestation for agriculture is illegal. Therefore, the Government believe that is the most effective approach to halt and reverse deforestation. It is the most important way of supporting producer Governments to strengthen their forest governance and domestic laws.

[Baroness Hayman of Ullock (Lab)]

My Lords, we understand the importance of getting these measures right and of working with partners to ensure they have the greatest possible impact. However, waiting more than two years after the passage of the Environment Act is a choice. The Minister knows there is appetite for regulation, including in the financial services industry, where separate commitments have been made. What does “near future” mean? Can he guarantee today that these important provisions will be in force by 2025? If not, other than grabbing some headlines during COP 26, what are the Government actually doing to prevent deforestation?

[Lord Benyon (Con)]

The Government are doing a lot to prevent deforestation in addition to this measure, which, as she knows, came from the Glasgow leaders’ declaration we led on at COP 26 to put an end to deforestation and land degradation by 2030. We are putting this in place. The noble Baroness asked for the date on which it will be laid. We have a few tweaks to make, because we are in negotiation with the EU to make sure that we are getting this right for Northern Ireland. We are working with the EU. With products that come from other countries and are then processed and exported to the EU, we will be working under two systems, and we want to make sure we are getting that right.

In addition, we are doing a range of different activities, including our investments in forests and sustainable land use. Our Partnership for Forests has mobilised £1 billion in private investment and has brought 4.1 million hectares of land under sustainable management and benefited over 250,000 people. I could go on. We are doing a lot in addition to this measure.

Recycled Plastics

Baroness Hayman of Ullock Excerpts

Tuesday 13th February 2024 Lords Chamber

[Lord Benyon (Con)]

There are human health issues related to plastics pollution and huge environmental damage done. At a recent Ospar convention, I saw a fulmar having its guts opened up for us to look at, and you can see the plastics in its guts system and its gizzard. It just gives you an idea of how many thousands—millions, even—of birds around the world are dying because of plastics pollution. We need to have a greater understanding of the impact on human health, and that is why our One Health agenda is really important in this field.

[Baroness Hayman of Ullock (Lab)]

My Lords, the Minister talked about the deposit return scheme, and said that it would be coming in in October 2025. Why has it taken so long? People are incredibly frustrated about this; they want it introduced as quickly as possible. Is the delay partly because the Government are reconsidering its scope?

[Lord Benyon (Con)]

No, we want this to be a United Kingdom scheme. The noble Baroness will be aware of complications in Scotland, and we want to make sure that we are introducing this in conjunction, so that we do not have booze cruises from Scotland to England to buy drinks that will not fall within that scheme. We now think that we can work with this. In the context of the whole piece, with our plastics packaging tax, and recycling increasing dramatically over the last decade, we are now requiring households right across the country, uniform across the local authorities, to recycle all six waste streams by 2027. With the bag charge, which has seen a 98% reduction in the use of those, and the introduction of the banning of single-use plastic straws and a whole range of other single-use plastics, I think even the noble Baroness would admit that we are doing our best.

Office for Environmental Protection

Baroness Hayman of Ullock Excerpts

Tuesday 23rd January 2024 Lords Chamber

[Lord Benyon (Con)]

The noble Lord is a weapons-grade guardian of the countryside, and I want to make sure that people like him find it really simple and straight- forward to apply for the sustainable farming incentive. It is probably the best 20 to 40 minutes of a farmer’s year, and it compares and contrasts so well with the complications of systems in the past. It is fairer: more than 50% of area payments went to the biggest 10% of farmers; these are systems that improve smaller farmers as well. We are also unifying, to use his word, the system that allows people to apply for Countryside Stewardship and sustainable farming incentives, and the RPA is doing that today.

[Baroness Hayman of Ullock (Lab)]

My Lords, like the noble Baroness, Lady Jones, I recognise the Minister’s personal commitment to protecting the natural environment, but yesterday he rightly observed that you cannot meet 2030 targets if you start acting only in 2029. He has talked about important schemes that have already got off the ground, but yesterday the noble Baroness, Lady Boycott, provided a lengthy list of examples of where there has been little or no visible progress. Can the Minister provide a timetable for the announcements of regulations that are going to be brought forward during the remainder of this Session, so that both this House and the OEP can see where and when this progress is going to be made?

[Lord Benyon (Con)]

The noble Baroness, Lady Boycott, raised the issue of peat. The England Peat Action Plan committed us to restoring 35,000 hectares of peat-land by 2025—which is fairly soon—through the nature for climate fund. Through the net-zero strategy we are also committed to restoring 280,000 hectares of peat by 2050. We will bring forward legislation this year to ban the use of peat in horticulture. That is just one area that the noble Baroness, Lady Boycott, raised. I also draw her attention to our 34 new landscape recovery projects, which show that we are on track to have 70% of land in environmental land management schemes by 2028. This is progress and has real benefits to our environment on the ground.

Environmental Policies: Timeliness and Effectiveness

Baroness Hayman of Ullock Excerpts

Monday 22nd January 2024 Lords Chamber

Tabled by

[Baroness Hayman of Ullock]

To ask His Majesty’s Government what assessment they have made of the timeliness and effectiveness of the implementation of their environmental policies.

[Baroness Taylor of Stevenage (Lab)]

On behalf of my noble friend Lady Hayman of Ullock, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.

Storms: Weather Resilience

Baroness Hayman of Ullock Excerpts

Thursday 11th January 2024 Lords Chamber

[Lord Benyon (Con)]

My noble friend is right that these problems are going to get worse: what we are suffering at the moment is almost certainly the impact of an El Niño effect, which has meant a warmer, wetter start to our winter. This will, we hope, be followed by a dryer but perhaps colder end to it, and we can look to the future. The Government are absolutely looking to the future, and he was right in his leadership of the Climate Change Committee to make sure that all departments are being resilient to the effects of climate change. I will just say that we have achieved much more than some of our closest neighbours. We are going to reduce greenhouse gases by 65% by 2030; the European Union has a target of 55%. We are doing a lot to address this, both globally and domestically.

[Baroness Hayman of Ullock (Lab)]

My Lords, I want to pick up on an issue arising from yesterday’s Statement. In May last year, the EFRA Committee published a report on rural mental health, which found that extreme weather events and animal health crises left farmers, workers and vets dealing with mental health trauma with little support. It called on the Government to provide dedicated emergency funding to enable local areas to quickly access more resources to respond to rural communities’ mental health needs, both during and, crucially, after crisis events. Can the noble Lord explain why the Government disagree and have refused to allocate this funding?

[Lord Benyon (Con)]

If the noble Baroness looks at our rural proofing annual report, she will see a firm commitment in it to issues relating to mental health in rural areas. She is absolutely right that events such as this trigger severe problems for people whose homes are flooded, or who lose their business or a large part of it, and we are seeing that in the farming community. The Government are providing a range of mental health support measures for people in these communities, and I applaud the work the NFU and others are doing, with the Government, to make sure that we are accessing those in need and providing them with the support they require.

Storm Henk

Baroness Hayman of Ullock Excerpts

Wednesday 10th January 2024 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, the Statement refers to the dreadful floods caused by Storm Henk very recently. Unfortunately, extreme floods are becoming increasingly common. We now understand that up to one in six properties are at risk of flooding. The Environment Agency estimates that a 2 degree rise in temperature could lead to increases in winter rainfall of 6% and in peak river flows of up to 27% by the 2050s. Does the noble Lord, Lord Benyon, support his Government’s policies that are rolling back our climate pledges and risking even worse floods? How are the Government going to protect communities from this increased risk?

The Statement mentions the money invested to date to protect properties, but what steps have been taken following the Environment Agency revealing that its flood defence programme will protect 200,000 fewer properties than planned by 2027? The number of flood defences in inadequate condition has increased every year since this Government were elected. Before Storms Babet, Ciarán and now Henk, there were more than 4,000, with more than 200,000 properties under threat as a result. Can the Minister inform us how many defences failed in these storms and what action is being taken to tackle this? Does he accept the National Infrastructure Commission’s recommendation that the Government should set long-term plans with measurable targets to significantly reduce the number of properties at risk of flooding by 2055?

The Statement mentions the impact of flooding on farmers; I know the Minister has a particular interest in this. Persistent wet weather over Christmas and the new year caused further damage to farms that had already been hit by Storms Babet and Ciarán. Crops were ruined and livestock had to be rescued. The Secretary of State has said that the Government are helping farmers by investing in flood defences, telling the BBC that

“we are committing … over £5bn of investment in 2,000 schemes … over a six-year period from 2021”.

But NFU deputy president Tom Bradshaw has said that farmers currently facing

“the huge financial stress and misery”

that flooding brings need more direct and immediate help. What are the Government doing now to support and compensate the farmers who have been so badly affected?

Floods take a huge toll on farmers’ mental health. In May last year, the EFRA Committee published a report into rural mental health. It found that extreme weather events and animal health crises left farmers, workers and vets dealing with mental health trauma with little support. The report called on the Government to provide dedicated emergency funding

“to enable local areas to quickly access more resources to respond to rural communities’ mental health needs during and, crucially, after crisis events”.

But the Government would not allocate specific funding, saying that current levels of support are sufficient. Does the Minister agree that there is sufficient support during such a crisis? Farmers are concerned that rivers and drainage channels are clogged up. What assessment has been made of the Environment Agency spending reduction on clearing essential drainage routes?

Following Storm Babet, the Association of Drainage Authorities wrote to the Secretary of State expressing its serious concerns about the condition of many lowland river embankments and warning that many had slumped and were seeping during high flows, with some completely breached. What action has been taken following this warning?

The Statement mentions planning guidance on flood risk being strengthened, yet last year the Government refused to support Lords Amendment 45 to the Levelling-up and Regeneration Bill, which Labour supported. This would have required the Secretary of State to have special regard to the mitigation of, and adaptation to, climate change in relation to planning. Does the Minister believe he made the right decision in voting against it?

The Statement explains that the Government began planning for an elevated flood risk as soon as the Met Office forecast indicated an unsettled period of weather over Christmas and the new year, and that the Environment Agency started preparing in the week before Christmas—but we must be more proactive in our approach. Labour will establish a flood resilience task force to ensure that vulnerable areas are identified and protected, building flood defences, natural flood management schemes and drainage systems. It will meet every winter ahead of floods, co-ordinating preparation and resilience between central government, local authorities, local communities and emergency services.

Serious storms and floods are only going to get worse. We need a consistent and serious response.

Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024

Baroness Hayman of Ullock Excerpts

Wednesday 10th January 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to these two SIs and declare my interests as set out in the register. Both instruments are straightforward and in line with the Environment Act requirements for setting up a biodiversity gain site register in which each planning application will, in future, be required to have an entry.

A fee is levied to cover the cost of this register, as the Minister has said. These fees range from £639 for the actual entry down to £45 for recording the habitat enhancement and £89 for an application to have an entry removed. These fees do not seem very large to me, but I am not the person who will be paying them.

There is a penalty fine of £5,000 for providing false information that has been included in the entry in the BNG register. I am unclear whether the original inclusion fee and the penalty fine of £5,000 are paid to the relevant local authority that is responsible for keeping the register; can the Minister please provide clarification? There is also a further penalty charge for non-payment of the original £5,000 fine, which according to the instrument is paid to the consolidation fund. Can the Minister clarify where the responsibility for the consolidation fund lies? Neither the instrument itself nor the Explanatory Memorandum explains this; perhaps it is assumed that everyone knows.

I agree with the comments made by the noble Lord, Lord Deben, on the planning system. I also congratulate the right reverend Prelate the Bishop of Norwich on his thought-provoking contribution. I am reminded of the land use committee I sat on last year, which produced a report about land use across the whole country that the Government, due to a change of Secretary of State, were quite dismissive of.

These SIs are a step in the right direction. There was discussion in the other place on Monday about off-site biodiversity gain, with Minister Pow indicating that the requirement was for a 10% net gain for biodiversity from each eligible grant of planning application. That gain could be delivered through on-site habitat enhancement or creation where possible. Otherwise, it could be delivered through off-site enhancements, purchasing units from the market or, in the last resort, purchasing statutory credits sold by the Government, as the Minister indicated.

I would like the Minister’s reassurance that both local authorities and the Government will stress that on-site habitat enhancement and creation are always preferable, especially for the benefit of local residents and businesses. Once enhancements are off-site or are in the form of purchased credits, there is a loss of ownership that could lead to complacency about the value of the register and the scheme. Can the Minister say whether the Government are considering keeping a second register alongside the first, which records specifically whether the biodiversity gain is off-site or in the form of a purchased unit from the market or the Government? Such a register would increase both transparency for the public and accountability for the development or business concerned.

I turn now to the second instrument, the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024. The EM indicates that not every planning application will be eligible for a biodiversity gain plan because the gain might be less than 10%. Can the Minister give an example of what kind of land or development this might be? At the other end of the spectrum is the loss of “irreplaceable habitat”, but the EM does not indicate that planning approval will not be granted where this is the case, only that development of on-site habitat should minimise the effect of the loss of irreplaceable habitat. I am extremely concerned that it should appear to be acceptable that irreplaceable habitat would be lost. This is hardly likely to help the country meet its biodiversity targets.

Lastly, I raise the issue of the availability of local authority ecology officers. As everyone is aware, local authority budgets are under extreme pressure, not least due to social care issues. Approximately 30% of local authorities employ an ecology officer, which leaves 70% with officers who do not have the skills to accurately assess what constitutes a biodiversity gain and what does not. Perhaps the Government think that the fees for the entry on the register and the fines for inaccurate information will help local authorities to train up their current workforce in ecology matters or to buy such services in. It would be much better to have a properly trained and experienced workforce in place from the start of this register, to ensure its success. Nevertheless, I am supportive of these two SIs and look forward to the Minister’s comments.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for introducing these two instruments, which we very much welcome as they are integral to rolling out the new biodiversity net gain framework and integrating it with the planning system. I intend to discuss them together but, sadly, not as poetically as the right reverend Prelate the Bishop of Norwich did in his comments.

When these regulations were debated in the other place, a number of concerns were raised about how the new framework would operate in practice; the noble Lord, Lord Deben, talked about this as well. These included concerns regarding local planning authorities. Some of the questions raised were not completely addressed, so I will come back to some of these; I also have a few other questions.

The noble Baroness, Lady Bakewell of Hardington Mandeville, talked about ecology officers. One thing that was raised by my colleague in the other place, Barry Gardiner MP, was a statistic that only a third of local authorities have an ecological officer. This was not addressed by the Minister in her response in the other place, so can the Minister confirm whether this is the case? If it is correct, how will the Government address the shortfall and support local authorities? If the Minister is unaware of it, he could write to me as it would be interesting to know whether that figure is correct.

I looked at the Government’s impact assessment on biodiversity net gain and local nature recovery strategies, and it says:

“Normal enforcement procedures at the local authority level, along with transparent site planning documents and habitat management plans, will provide some confidence that on-site habitat delivery will be faithfully carried out”.


It also states:

“We continue to work with local authorities and our agencies to quantify any additional costs to deliver biodiversity net gain, in addition to professional organisations to make sure there is access to the right training, ecological expertise and systems required”.


It has been mentioned that local authorities are under a certain amount of financial pressure, so it would be helpful if the Minister could outline how the Government see all this working in that context and whether that figure about the lack of ecological officers is correct.

The noble Baroness, Lady Bakewell, also mentioned off-site enhancement, and there was another question that did not have a full answer in the Commons debate regarding off-site provision. This was in the event that a development in one local authority area opts to achieve off-site gain on land that falls within another local authority area. It would be very helpful if the Minister could confirm which authority is responsible for the monitoring and enforcement if this happens. These SIs deal with the split between different levels of local authority—county or borough, for example—but do not seem to address the geographical issues that might arise.

According to the impact assessment that I mentioned earlier, the total funding for biodiversity net gain is expected to be less than £200 million per year. Can the Minister comment or shed any light on why this figure is so low? In addition to biodiversity net gain, the Government also have a target to halt the decline in species abundance by 2030. Given that we are talking about increasing biodiversity from current levels, can the Minister provide any update on the current level of species abundance? What is the baseline assessment being used?

In his introduction, the Minister mentioned the appeals process. The SI deals with the time limits that apply for appeals procedures should a local authority decline, or otherwise fail to approve, a biodiversity gain plan. What are the anticipated costs for local authorities, or the potential for developers to submit sub-par plans knowing that they can then go to court? I ask this because, in the past, some developers have cited viability as a means of avoiding Section 106 or community infrastructure levy contributions and have occasionally threatened to go to appeal if officers recommend refusing an application. This is to ensure that we do not have those sorts of issues arising in this case.