Levelling-up and Regeneration Bill

Debate between Baroness McIntosh of Pickering and Lord Blencathra

Committee stage
Monday 27th March 2023 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Baroness, Lady Parminter, and the other cosignatories on putting forward the two amendments in this group. My only concern is what time commitment and resources would be required of the local authorities, given the fact that they are very heavily challenged at this time. I pay tribute to the lead local authorities, especially on the work they are doing on flood prevention, which is already a major resource commitment timewise. I know it has made a big difference already in areas such as north Yorkshire, which I am most familiar with, where we do have a number of functional flood plains. Across the country, the advice of the Environment Agency is not always pursued.

As regards the habitats directive, we need a firm steer from the Government on how we are going to steer this path, where we have the retained EU law Bill where, presumably, we are going to park the habitats directive on one side. But there is a possibility here, through this group of amendments, for nature recovery strategies to try to achieve a balance.

I end by saying that my noble friend is only too aware of my commitment to farming and ensuring that, within nature recovery, farming is recognised as a major contributor to these strategies.

[Lord Blencathra (Con)]

My Lords, I declare my interest as in the register. I came in to listen to the noble Baroness, Lady Parminter, because I thought I liked the wording of her amendment. Having listened to her and the noble Baroness, Lady Willis, I am absolutely convinced of the justice of their case. As my noble friend will know, one of the most crucial parts of the Environment Act is local nature recovery strategies—it is what it is all about in many ways. At the moment, the Bill says merely that local authorities must “have regard to” it. We all know—the lawyers present will explain no doubt ad nauseum and for a reasonable fee—that “having regard to” is fairly meaningless in many ways. A local authority could “have regard to” a local nature recovery strategy and then find a dozen reasons to reject it, because they had regard to it but for this reason or that reason did not wish to pursue it.

I particularly like the wording here, which does not seem to tie local authorities’ hands. It says that they

“must ensure that their development plan (taken as a whole) incorporates such policies and proposals so as to deliver the objectives of the local nature recovery strategy”.

It does not tell them what to do or how to do it; it just says that they have a free hand to invent their own policies that deliver the objectives of local nature recovery strategies. I ask my noble friend the Minister: what is the point of us developing local nature recovery strategies at a national level if they are not going to be implemented locally in local development plans?

I do not think that my noble friend is right that there will be great additional cost to local authorities in doing this—I can see nothing here to suggest that—but, if local nature recovery strategies are to work as every single person in this Chamber wants them to, the wording of the amendment in the name of the noble Baroness, Lady Parminter, is probably the only way to deliver that. I would be grateful if my noble friend the Minister could explain to me what the problem is with the noble Baroness’s wording.

Environment Bill

Debate between Baroness McIntosh of Pickering and Lord Blencathra

Monday 6th September 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I am very persuaded by my noble friend’s argument for a holistic approach to waste. Could my noble friend take this opportunity, in the context of these amendments, to set out how his approach would differ from the circular economy which we were signed up to when we were members of the European Union? I hate to deprive the noble Baroness, Lady Jones of Moulsecoomb, of her beauty sleep, but, at the risk of doing so, I will ask my noble friend why we are continuing and indeed increasing our export to countries such as Turkey and, I understand, other third countries, considering that we have the facilities to dispose. We are a first-world country and have much better facilities to dispose of this. My understanding is that landfill sites, certainly in England, are full and that many have already closed. I just wonder how, in the context of disposing in particular of plastic waste, we will address this issue as a responsible Government.

[Lord Blencathra (Con)]

My Lords, it is always a pleasure to listen to the noble Baroness, Lady Jones of Moulsecoomb, but I was getting increasingly worried, over the years, that I was tending to agree with so much of what she said. Then I realised, when I saw her sitting temporarily behind me, that she might be a closet Conservative after all. I was quite overwhelmed and thought how much more joy there is over one sinner that repenteth than over 99 just persons.

I was tempted to support these amendments, even to the point of a vote. When I heard the announcement last week from my noble friend at Defra that they were planning to ban single-use cutlery and plastic plates, I asked myself: if a Minister has the power to do this without putting anything in the Bill, can he extend it to other plastics as well? That is my main question for him. If he can do that, I would like him to target my bête noire which, initially, is polystyrene. There is absolutely no justification now for any polystyrene food dishes whatever: whether they are used as takeaways, for carry-outs or plastic cups, there are paper alternatives.

The other totally unjustified use of polystyrene—without rehearsing the speech I made in Committee—is in packaging material, whether it is those awful plastic bubbles that go everywhere and get stuck to everything under the sun, or large pieces of polystyrene holding televisions or tape recorders and so on. There is no need for them whatever, because cardboard can do the job infinitely better—it is just as sound and can protect valuable material. I also suggest that that should be a target: one could move on that very quickly indeed. The polystyrene used in house construction is another matter; it could take longer to come up with an alternative.

There is a final form of plastic I would like the Minister to tackle. If one buys ready meals, for example, some seem to come in grey containers, some in white containers and some in black containers, but I understand that if they are all mixed together in recycling, the whole thing is useless—only some of them are recyclable. So I simply say to my noble friend that, if he has powers to do so, can he start to compel the food manufacturers and supermarkets to go for a plastic microwavable dish that is recyclable and get rid of those which destroy the recyclability of the good ones?

Those are the only points I wish to make to my noble friend and I come back to my question: can he reassure me that he and Defra have all the necessary powers, in due course, to ban any other forms of plastic, whether it is horrible little sachets with shampoo in them, plastic food containers or polystyrene? That is all I seek from my noble friend tonight.

Environment Bill

Debate between Baroness McIntosh of Pickering and Lord Blencathra

Committee stage
Monday 5th July 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow my noble friend and I support both him and the noble Baroness, Lady Boycott, in the sentiments behind their amendments. In looking at the factsheet that was circulated by the department in connection with this Bill, I welcome the fact that the Government are minded to introduce regulations to, in the words of the noble Baroness, Lady Boycott, move food waste further up the hierarchy, so that there will be less left at the end. I particularly welcome the two amendments in this group as probing amendments, and ask my noble friend: is there not a degree of urgency that we need to do this?

I may have one point of disagreement with the noble Baroness, Lady Boycott. She and I both have family living in Denmark, I understand, and I have been immensely taken by the contribution that the Danes, other Scandinavians and Austria and Germany have made to enhancing energy from waste. I prefer to call it “energy from waste”; I know others call it incineration. I had beer poured over me once in my surgery when I was a Member of the other place; since then, I have called it “energy from waste”. This is the ultimate circular economy, because you are taking potential food waste and putting it into the system—the residual; I accept the hierarchy, and it should be the absolute minimum. The community benefits because it would go, ideally, into the local grid. There is a now a big incinerator in what was my original constituency, the Vale of York. The gripe I have with it is that it goes into the National Grid, whereas, as north Yorkshire is very cold, it should go into the local grid.

The factsheet also set out the importance of reducing the amount of food waste—as do both the amendments in the names of my noble friend Lord Caithness and the noble Baroness, Lady Boycott—which is currently estimated as producing 25 million tonnes of CO₂ gas emissions every year through 9.5 million tonnes of food and drink which is wasted annually post farm gate. I take those figures as being accurate, as I understand that they are in the factsheet we received.

I press my noble friend when he sums up that there is a sense of urgency here: however we address it, we need to reduce that waste. I pay tribute to the work of the noble Baroness, Lady Boycott, not just on feeding Britain, as I think she called it, but for the national food strategy, as one of the team with its author, Henry Dimbleby. I look forward to hearing the official government response to Part 1 of that report.

[Lord Blencathra (Con)]

My Lords, I declare my interests as on the register. Like my noble friend Lord Caithness, I support the thrust of both these amendments, though neither goes far enough, in my opinion, including my noble friend’s amendment.

Amendment 149 applies only to retailers generating more than 10 tonnes of food waste and in stores of more than 400 square metres. I would reduce those sizes by half and apply them to everyone producing food waste: retailers, manufacturers and the catering industry. We have no idea of the extent of food waste in the catering industry. Today’s uneaten roast chicken should be tomorrow’s soup or curry.

Similarly, Amendment 149A in the name of my noble friend Lord Caithness is absolutely right in concept, especially the idea of reducing food waste across the whole supermarket supply chain. We often concentrate on the food that is unsold in shops at closing time, but we really need to tackle the rejected misshapen carrots, the less-than-perfectly shaped tomatoes and all the other food that is thrown away before it gets to the shops or caterers. A lot of organisations, to which the noble Baroness, Lady Boycott, referred, usually charities, are seeking to use up food before supermarkets throw it away. My noble friend Lord Caithness is right to seek to reduce all food waste across the supply chain, before it gets to the ultimate shop or caterer.

In my opinion, it is wrong to set the bar at supermarkets with a turnover of £1 billion. That is too high. I would apply it to all retailers, manufacturers and catering outlets with a turnover of more than £200 million. As an aside, if I may say so—probably improperly—I hope there is still a Morrisons supermarket in five years’ time we can apply it to, after the vulture capitalists have loaded it with debt, robbed the pension fund and asset-stripped it. But that is possibly for another day.

Neither of the amendments deals with the appalling waste of food in our homes but, again, that is not a discussion for the Bill today. If my noble friend the Minister cannot accept the amendments, I hope he will stress to all those in the food supply business that at some point, the Government will be bearing down on them to drastically reduce all food waste at all points in the food supply chain and across all food outlets.

--- Later in debate ---

[Lord Blencathra (Con)]

My Lords, I declare my environmental interests as in the register. I support the noble Lord, Lord Cameron of Dillington, and his Amendment 163A, which encourages sewerage under-takers to consider nature-based solutions for wastewater treatment.

We have new and emerging threats in trying to treat wastewater. We have microplastics and increasing levels of hormones and other pharmaceuticals, as well as an increasing range of chemicals flushed down toilets to clean them. These are called contaminants of emerging concern—CECs—and the traditional approach would be to use different and even stronger chemicals to neutralise them, although I am not sure how one can neutralise microplastics. This is where nature-based solutions can play a big part. We all know that nature-based solutions near and on rivers can reduce flooding, cut down on nutrients getting into rivers and the sea and improve biodiversity. They can do the same thing before treated water even gets to the rivers.

In the next group is the new clause from my noble friend the Minister on stormwater overflows, which is long overdue. We must stop ordinary rainwater from entering the sewerage system and adding millions of gallons of clean water to wastewater, making the whole lot in need of treatment. In addition, we need a campaign to educate householders not to pour gallons of poisonous cleaners down the loo. I think we are still trapped—well, some older noble Lords might remember this—in the old Harpic advert of the 1980s, with its slogan of it being essential to clean “right round the bend”. It was a great slogan that has encouraged millions of us to use unnecessarily powerful chemicals to tackle a non-existent problem of cleaning sewerage pipes and not just the toilet itself.

In addition to reducing the amount of water which becomes wastewater in need of treatment and reducing the poisons we add to it, we need sewage treatment works to adopt, where possible, alternatives to chemical treatment. The main alternative has to be reed beds, which work exceptionally well and do a perfect job. Of course, reed beds and treatment require space and they are not the solution for many urban areas but they can be a much greater solution than they are now. Amendment 163A merely states that a sewerage undertaker in its management plan must address

“the opportunities for nature based solutions”.

As I read it, there is no compulsion, no fixed targets; it merely asks them to look at the opportunities to do it. In my opinion, that does not impose an unreasonable burden on them and I urge my noble friend the Minister to accept it, or accept the concept, anyway.

[Baroness McIntosh of Pickering (Con)]

I welcome this part of the Bill. I refer to my interests as in the register, in particular that I am vice-president of the Association of Drainage Authorities and that I worked with the Water Industry Commission for Scotland for a number of years. I also declare my interest as co-chair of the All-Party Parliamentary Water Group. I welcome Amendments 160A, 160B, 160C as probing amendments and would like to follow up the comments made by the noble Lord, Lord Cameron, and my noble friend Lord Blencathra.

In the regulations to which the Government refer, and as referred to specifically in the amendments by the noble Lord, Lord Cameron of Dillington, it would be helpful to know who the consultees are. I wish to place on record what an enormous difference it has made since the Environment Agency became a statutory consultee to applications for major new developments. I know that at one stage drainage boards themselves would have liked to have been considered as statutory consultees in relation to similar amendments, but they are focused more now on the provisions of the Bill which relate to drainage authorities, which I personally welcome, and which we will come to later. It is essential in my view—and I do have an amendment down to this effect—that water companies be considered as statutory consultees, for reasons which we will discuss elsewhere.

I welcome the references to water efficiency in earlier parts of the Bill, and I am delighted that the noble Lord, Lord Cameron of Dillington, referred to water moving between catchments. Catchment management control is a very positive way forward. He also referred to reservoirs. Has my noble friend the Minister had the chance to look at—and, if not, will she look at—the most recent advice given by Professor Balmforth on reservoirs? I particularly support what the noble Lord, Lord Cameron, said about smaller reservoirs, particularly in the context of what my noble friend Lord Blencathra said about nature-based solutions. We had an extremely successful scheme with the Slowing the Flow at Pickering pilot project, which only involved public bodies, and I am delighted to say that Pickering has not flooded since we have had this scheme in place. I pay tribute to all the partners—albeit public partners—that have been involved. We can slow the flow not just by building reservoirs, as those of a particular size do pose problems because of the current legislation, but smaller bunds and dams, and smaller reservoirs all have a role to play.

I welcome these as probing amendments to see specifically what form of consultation the Government have in mind in the context of these provisions in Part 5.

Business and Planning Bill

Debate between Baroness McIntosh of Pickering and Lord Blencathra

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I hope to persuade the Minister to present a government amendment in relation to Amendments 52 and 79. I support the thrust of the Bill and the impact it will have, allowing the hospitality and construction industries to recover from a particularly difficult time.

These two amendments relate to working hours in the construction industry and whether, if the temporary measures in Clause 16 are still in place in the autumn or for next year’s breeding season, the Government will pay more than lip service to the environmental protections of which we are so proud. I share the Government’s support for environmental protections such as the habitats and other directives. These are now part of retained UK law, which we have supported through our membership of the European Union.

I am delighted to have the support of the noble Lord, Lord Shipley, for these amendments. Amendment 52 seeks to have regard to the Conservation of Habitats and Species Regulations 2017 and what catastrophic environmental impacts there might be reaching a common-sense agreement under those regulations.

Amendment 79 asks that regulations passed under Clause 22(3) be considered by affirmative procedure. Can the Minister confirm that these regulations have undergone or will undergo a proper consultation?

With these few remarks, I hope that I can enlist the support of the Minister and others for these two very important amendments. I am not seeking to delay construction with Amendment 52, but to ensure that we have regard to the habitats directives, which are now part of retained UK law, and that regulations passed under Clause 22 will undergo a proper consultation through affirmative procedure. I beg to move.

[Lord Blencathra (Con) [V]]

My Lords, Amendment 53 in my name seeks a complete ban on any construction activities carried out between 10 pm and 7 am in any location where residents live within 300 metres of those activities applied for.

I thank my noble friend the Deputy Leader for his extremely courteous letter immediately after Second Reading last week, dealing with the points I raised about disturbance to residents. He said:

“The draft guidance highlights in particular that careful consideration will need to be given whether to refuse applications made in relation to developments that are in close proximity to residential areas when the request is likely to have a significant impact on health, taking into account other legal duties of local authorities to protect persons in the locality from the effects of noise.”


While I accept that and believe in local decision-making, I also believe that a national backstop should be imposed by this legislation. If it is right to introduce a national law permitting applicants to apply for up to 24/7 construction working, as this Bill does, equally, it is right to impose a national limit on the times during which that construction may take place.

The Government cannot have it both ways. They cannot say, “We are passing a national law on construction working hours, but we cannot interfere with local decision-making when it comes to setting limits on those hours.” In most cases, I accept that this will all work okay, but we all know of the usual ploy whereby developers submit an application for 20 homes, which is granted, and then they slap in a revised application for 40 homes, which local authorities are afraid to reject in case they lose an expensive judicial review case. Developers and experts manipulate local planning authorities again and again. That is why a national backstop is required.

I strongly support Amendment 56 in the name of my noble friend Lord Randall, to which I wanted to add my name but left it a day too late. It is vital that environmental and wildlife concerns are taken into account. Local authorities must not grant any changes to planning applications until they have gone back and examined the environmental concerns expressed in the original application and any special conditions that the local authority then attaches. I am not suggesting that a new assessment must be carried out, or a whole new EIA, but that the original conditions of protecting the environment be maintained unless there is strong evidence that the proposed new construction conditions applied for create no adverse environmental or wildlife effects. This is not just a matter of disruptive work at night. Was there not a recent case of a company having to remove nets from trees and delay construction because it would have been disruptive to birds nesting at that time of year?

I have done inadequate justice to the speech my noble friend Lord Randall will make on his amendment. I look forward to him setting it out in his usual concise, but highly authoritative and expert, manner. I am proud to give him my support.