Planning and Infrastructure Bill

Debate between Baroness Hodgson of Abinger and Baroness Taylor of Stevenage

Report stage
Monday 3rd November 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am very grateful to the noble Baroness, Lady Hodgson, for Amendment 240. This amendment seeks to ensure that, when approaching landowners to buy or lease their land, developers must declare their interest in purchasing or leasing adjoining land. We appreciate the noble Baroness’s continued interest in promoting transparency and discouraging speculative land banking. However, we maintain that this amendment is neither appropriate nor necessary within the framework of the Bill.

There is existing guidance on the procedures in the Planning Act 2008 for the compulsory acquisition of land in connection with NSIPs. This guidance supports applicants to seek to acquire land by private negotiation, where practicable, using compulsory acquisition only where attempts to acquire by agreement fail. The guidance also encourages early engagement with affected parties to help build up good working relationships, to treat landowner concerns with respect and to help reduce the mistrust or fear that can arise in such circumstances.

Land acquisition for NSIPs can be highly sensitive and often involves confidential negotiations. Mandating developers to disclose discussions with adjacent landowners could risk breaching confidentiality agreements and potentially hinder the progress of vital infrastructure projects. This is particularly important at the pre-application stage, where early engagement is critical to shaping proposals and identifying potential issues. Forcing disclosure at this stage could discourage that open dialogue between developers and landowners. However, the Government recognise the importance of transparency for landowners and ensuring that there is a fair process in place before consent is granted to authorise the acquisition of land.

For those reasons, when applications that seek to authorise compulsory acquisition are developed and submitted to the Planning Inspectorate, applicants are required to submit the accompanying book of reference, to which the noble Baroness referred. This is a publicly available document. It outlines all land and interests in land affected by a proposed development, including those subject to compulsory acquisition, temporary possession or other impacts. This ensures transparency and public accountability. I think there is an obligation to make people aware of the presence of that document.

After an application has been accepted, and to proceed to examination, applicants are required to notify landowners under Section 56 of the Planning Act 2008. Landowners are also recognised as interested parties under Section 102 of that Act, which enables them opportunities for involvement during examination. This is not merely procedural; it grants landowners meaningful opportunities to engage in the examination process. These provisions are vital to ensure that the voices and interests of landowners are not only heard but properly considered throughout the process.

In light of the sensitivities involved, the existing government guidance and the transparency mechanisms already in place, we do not think this amendment is necessary. I thank the noble Baroness for her continued engagement on this issue and kindly ask her to withdraw Amendment 240.

I also thank the noble Baroness, Lady Hodgson, for tabling Amendment 241 related to the buildout of development, an issue we discussed in Committee. The amendment seeks to address the concerns around land banking by requiring planning permissions to be refused if developers have not commenced another development nearby within a year.

I fully recognise the intention behind this amendment and share the noble Baroness’s commitment to improving the buildout rate of residential development. As I have previously set out, the Government remain firmly committed to ensuring that planning permissions are translated into homes being built. However, we do not believe that this amendment is necessary to achieve that goal. We confirmed at the time of the response to the NPPF consultation that we will implement the Levelling-up and Regeneration Act provisions following a technical consultation.

During our earlier debates, I highlighted the publication in May of the working paper that sets out a more effective and comprehensive strategy for speeding up buildout, including greater transparency on buildout rates, new powers for local authorities to decline to determine applications from developers that have built out more slowly and greater emphasis on mixed-use tenures, as well as exploring a potential delayed homes penalty as a last resort.

The working paper also sets out our intention to make it easier for local authorities to confirm CPOs, helping to unlock stalled sites and making land assembly easier when this is in the public interest. We are analysing the responses to that working paper and will set out our next steps in due course. I remain confident that the measures set out will make a real and meaningful difference to the buildout of residential development that we all want to see. Given this and the broader strategy we are pursuing, I hope the noble Baroness will consider not moving her amendment.

[Baroness Hodgson of Abinger (Con)]

I thank the Minister for her response, although I am, of course, slightly disappointed by it.

I worry about when people are approached for land, either for leasing or buying, and not treated with honesty and transparency. I do not see how saying that developers should declare what the endgame is would impede an open dialogue. In fact, not telling people is not an open dialogue.

The Minister set out the process to be followed, but what happens when developers do not follow it? What comeback is there? It is all too late. I am disappointed about that, and I hope that there will be further consideration of it at some point.

I am glad to hear that there is a working paper and that there are plans to implement parts of the LURA. I will withdraw my amendment.

Planning and Infrastructure Bill

Debate between Baroness Hodgson of Abinger and Baroness Taylor of Stevenage

Committee stage
Monday 15th September 2025 Lords Chamber

[Lord Jamieson (Con)]

My Lords, I thank my noble friend Lady Hodgson of Abinger for tabling Amendments 221 and 223 regarding the Party Wall etc. Act 1996, which is an important piece of legislation providing a legal framework to resolve disputes between property owners concerning shared walls.

Amendment 221 would require the Secretary of State to carry out a review of the party wall Act and clarify whether it is consistent with current planning and development practices and whether it needs amending to update its position in planning and development processes. We should all recognise the importance in amending previous legislation so that it is consistent with current law and practice. I therefore hope that the Government take this amendment seriously.

Amendment 223 seeks to ensure that the structural integrity of homes is protected by requiring the permission of neighbouring property owners who may be affected by the development rights conferred by this Act. This amendment clearly aims to uphold people’s existing property rights and their structural integrity. This is an important principle which I look forward to the Government addressing, and I look forward to the Minister’s response.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Hodgson of Abinger, for her amendments relating to party walls and for meeting with me to help me understand the issues that she has faced relating to this.

Amendment 221 seeks to create a legal duty to review the Party Wall etc. Act 1996 within 12 months of the Bill becoming law. The party wall Act provides a framework for preventing or resolving disputes between neighbours relating to party walls, party structures, boundary walls and excavations near buildings. While I have no objection in principle to reviewing legislation, it has been the view of successive Governments since the late 1990s that the party wall Act does, indeed, deliver what it was intended to do. It creates a framework for communication and agreement between adjoining property owners when work needs to be carried out to a shared structure, while the Building Regulations establish the minimum legal standards and functional requirements in new building work.

The party wall Act already requires that the owner of a building carrying out work under the Act must serve any adjoining property owner a party structure notice stating: the name and address of the building owner proposing the work; the nature and particulars of the proposed work, including, in cases where the building owner proposes to construct special foundations, plans, sections and details of construction of the special foundations together with reasonable particulars of the loads to be carried thereby; and the date on which the proposed work will begin.

Amendment 223 seeks to create a legal duty for building owners to gain permission from the adjoining property to carry out any works under the party wall Act. As I mentioned, the party wall Act provides a framework for preventing and resolving disputes when they arise in relation to party walls, to protect neighbouring buildings from the impact of building works and hold those completing works accountable for any negative impact. Ensuring structural compliance when undertaking work is already regulated under Structure: Approved Document A of the Building Regulations. Any development work must comply with the functional requirements of the Building Regulations. Amending the party wall Act will therefore have no regulatory effect on the structural safety of buildings beyond what is already regulated for. The party wall Act should therefore continue to provide a robust framework for preventing and resolving disputes when they arise in relation to party walls, party structures and excavations near neighbouring buildings.

I accept that there are occasions when things go wrong and I am very happy to continue the dialogue with the noble Baroness, but for all the reasons I have set out, I ask her to withdraw her amendment.

[Baroness Hodgson of Abinger (Con)]

My Lords, I thank the Minister for her response. I am slightly mystified by the phrase that the Act provides a robust framework for resolving disputes. As somebody who has had party wall notices served on me, I do not see any mechanism for resolving disputes except that the developer can actually just do the work—there is no mechanism for the adjoining owner to object and stop the work, so I do not think it actually does resolve disputes. I hear what she says about structural compliance. Often, people carrying out the development get a building inspector from outside the council, and there is no requirement for them to speak to the adjoining owner, even when they ask whether the work has been carried out correctly, because they say that they are not their client; it is the developer who is the client. So, I query some of those statements and I very much hope that there can be a review of this Act. I would be delighted to continue the conversation with the Minister, and on those grounds, I withdraw the amendment.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

I would be very loath to do that because, whenever you start looking into legal matters, in particular, it is always more complex than you anticipated. With the will to help make this make sense, I hope that we will be able to bring our combined forces together and get some resolution to the issue. But, for the reasons I set out, I hope that noble Lords will not press their amendments.

[Baroness Hodgson of Abinger (Con)]

My Lords, I thank the Minister for her considered response. I am disappointed in her response to my amendment, because I think that, although I understand her point about confidentiality, there may be ways of communicating when landowners are approached, whether it is just an isolated approach or whether it is part of a larger project. I hope that there may be more thought about this.

I am sure that other noble Lords will have been heartened by the Minister’s response to Amendment 227E when she said that there will be further conversations to find a way to resolve this. I very much hope that further consideration will be given to the whole transparency issue, which might be brought back on Report. With that, I withdraw the amendment.

Planning and Infrastructure Bill

Debate between Baroness Hodgson of Abinger and Baroness Taylor of Stevenage

Committee stage
Monday 1st September 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I am sure that if the noble Baroness wished to put that forward in the land use framework it would be considered. I always worry about de minimis rules because there will always be the exception to the rule that goes slightly over it, and then you end up with a big problem sorting that out. However, if she wishes to feed that into Defra’s part of the land use framework consultation, I am sure it will take account of it.

[Baroness Hodgson of Abinger (Con)]

I thank the Minister for her extensive response and all noble Lords who have contributed to this debate, especially those who have given support. Many interesting points have been raised, and some very worrying statistics. I simply repeat that, especially given the international situation, we really need to think about national food security and resilience. We import 40% of our food and, if we got into a war situation, we would need to grow more than we are at the moment. It seems counterintuitive to be allowing good agricultural land to be used to generate electricity when this can be done elsewhere.

I will not repeat all the points previously made, except to say that we also need the good will of the British people. We need to ensure that local people can have their views heard. I was heartened when the Minister said that there would be community consultation, but too often these consultations are binned and not acted on—people listen and then some other outcome happens. I hope that community consultation in which local people expressed that they really did not want solar farms would be respected and the schemes would be turned down.

I was slightly disappointed that the Minister did not address the points about foreign investors leasing this land long term. I imagine that we do not know who they are and we are not checking on who is buying what. I am very disappointed to hear that the Minister is not prepared to recognise the depth of feeling on this issue. I withdraw the amendment now, but hope that we can have further consultations and some movement can be made to address what all of us have tried to say about making sure that prime agricultural land does not have solar farms on it. I reserve the right to bring this back at the next stage of the Bill.