Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Report stage
Monday 20th October 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, the amendments in my name seek to ensure that all regulations relating to the bill discount scheme set out in Clause 26 are subject to the affirmative parliamentary procedure.

The Government welcome the recommendation of the Delegated Powers and Regulatory Reform Committee and, through these amendments, we accept its suggestion. We understand and recognise the importance of parliamentary scrutiny and agree that the regulations discussed in Clause 26 are matters of substance. These amendments will help ensure that the regulations implementing the bill discount scheme are appropriately reviewed by Parliament, aiding their workability and ensuring a smooth implementation of the scheme. I cannot guarantee to the noble Baroness, Lady Pinnock, that there will be a Halifax clause, but I hope that the House will support the amendment. I beg to move.

[Baroness Pinnock (LD)]

I cannot react to the Halifax clause, since I do not live in Halifax.

I welcome the move to the affirmative procedure but remind the Minister that there are already 22,000 high-voltage carrying pylons in this country, over 250 of which are in Doncaster and over 700 of which are in North Yorkshire, including in the Yorkshire Dales National Park.

That leads me to the argument I made in Committee: if the Government are minded to provide compensation for those residents and customers who live adjacent to new plants, either transmitting or creating electrical energy, then, as the Minister confirmed in Committee and in a conversation we had during recess, that payment—that compensation—will be a burden added to every electricity customer. That does not seem right to me. If those folk who are going to have a new imposition of electrical infrastructure are to have compensation, surely it should be funded by that electricity region and not by those that have, for instance, had pylons for many decades because regions knew it was in the national interest to do so.

I am pleased that we are going to the affirmative measure in consideration of compensation, because it will enable me to make arguments in favour of not the Halifax amendment but the Huddersfield amendment—let us call it that, as it is a bit nearer home. It is important, because to me this is about fairness. Those of us in the north—the very far north—and the Midlands should have fair treatment compared to those who have the infrastructure now. I am sure that the Minister will enjoy having that debate with me when we get around to doing the SIs.

Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Report stage
Monday 20th October 2025 Lords Chamber

Moved by

[Baroness Pinnock]

1: Before Clause 1, insert the following new Clause—
“PurposeThe purpose of this Act is to—(a) accelerate the delivery of new homes and critical infrastructure,(b) improve the planning and consenting processes,(c) support nature recovery through more effective development and restoration, and(d) increase community acceptability of infrastructure and development.”Member's explanatory statement
This amendment sets out the purpose of the Act.

[Baroness Pinnock (LD)]

My Lords, at the beginning of Report on this important Bill, I move my Amendment 1, which is to insert a new purpose clause at the beginning of the Bill to define what it is about. While this Bill aims to deliver significant change, without a clear guiding statement of intent we risk losing sight of the balanced objectives necessary to truly sustainable development. Amendment 1 sets out the core purposes of this Bill:

“to … accelerate the delivery of new homes and critical infrastructure … improve the planning and consenting processes … support nature recovery through more effective development and restoration, and … increase community acceptability of infrastructure and development”.

This is not merely a statement of aspiration. It is an important mechanism for accountability and clarity that directs the interpretation and implementation of every subsequent clause.

In Committee, there was support from across the Committee for a similar amendment. The benefit of adding a purpose clause to the Bill is that it will enshrine in law the tension between the need for construction and the requirement for robust environmental and democratic safeguards. The necessity of explicitly stating the duty to support nature recovery, for instance, directly addresses those profound concerns debated in Committee on Part 3 of the Bill.

Equally, many have voiced concerns about the negative impact of these reforms on local democracy and community voices. The CPRE, for instance, has concerns regarding the “dangerous erosion of democracy” inherent in measures that increase ministerial powers, such as the ability to issue holding directions to stop councils refusing planning permission when they do not accede to the law. To prevent them by issuing holding directions is a huge step in denuding local voices and local democratic councils from making the decisions about issues that affect their areas and communities. The inclusion of, for instance, the need to

“increase community acceptability of infrastructure and development”

directly mandates that the Government and implementing authorities address these democratic deficits. It would transform community engagement from a burdensome hoop to jump through—a problem noted by the previous regime in the Planning Act 2008, which led to proposals removing pre-application consultation requirements—into a stated core objective of the entire legislative framework.

The Government’s stated objective for this Bill remains the right one: we must

“speed up and streamline the delivery of new homes and critical infrastructure”;

however, acceleration without clear direction risks unintended long-term consequences that undermine the very public good that the Government seek to achieve. By accepting Amendment 1, we would embed clarity, provide a crucial framework for legal interpretation and establish legislative accountability for all stakeholders, ensuring that this major infrastructure Bill delivers not just efficiency but genuine sustainable development and broad public confidence. I beg to move.

[Lord Fuller (Con)]

My Lords, so here we are again. I thank the noble Baroness, Lady Pinnock, for focusing our minds at the outset on what this Bill is about. It is a welcome amendment because the noble Baroness, Lady Pinnock, has at least attempted to bring some thematic coherence to a ragbag of proposals from a dozen departments, none of which appears to be talking to each other.

I have read the press notices and compared them to the Bill’s text—never has a Bill been more oversold by a Government. Belatedly, it now seems that the Government’s purpose for this Bill is to persuade the OBR that it will speed up the process of development so that its economic forecasts can help the Chancellor balance her books. But most of the proposals of this Bill will prove that Newtonian notion that, for every action, there is an equal and opposite reaction. It hands development veto powers to a self-serving quango and it talks about empowerment and streamlining processes, but it emasculates those with the local knowledge and mandate to unblock officialdom. Instead, it proposes a system whereby the Secretary of State is to become a one-person planning committee—good luck keeping to the 12-week determination deadlines on that one. It could have ironed out Hillside or introduced a proportionality test so that at least the little boys could get on, but there is boneheaded resistance there.

One talking head on the “Today” programme this morning bemoaned the lack of planning permissions, the number of which seems to be falling like autumn leaves, but failed to realise that it is the building safety regulator that has put the black spot on building in London, with a response rate of at least 44 weeks. On that, the Bill is silent. So, instead of unblocking the blockers, it creates an EDP process that is so ponderous that it is unlikely to unlock any stalled homes within this Parliament. It is three and a half years since we started the neutrality madness, and it will be at least another three and a half years before we can rip off that scab. So much for speeding up building; all it is doing is putting speed bumps in the way.

Of course, I welcome the important and critical proposals to free up the placement of roadside power poles to improve the electricity grid. But even this Government recognise that the potential of development corporations is something for the next Parliament—just at the moment that those structures and powers to unleash them are being thrown up in the air. For all the bluster and press notices, this Bill will slow development, not speed it up. By any measure, the Government’s purpose will be frustrated by their own legislation.

I come to the amendment of the noble Baroness, Lady Pinnock, which would

“accelerate the delivery of new homes … improve the planning and consenting processes … support nature … and … increase community acceptability”.

This is what we will debate over four long days. But what the noble Baroness, Lady Pinnock, has done is laid out the functions of the Bill; they are not its purpose. The reason that this Bill is in such a muddle is that it has not been framed through the purpose lens that dates back to the Labour Government of the post-war period, when the planning system was established in the first place.

Quite simply, the purpose of planning is to arbitrate between private interests and the public good; everything flows from there, and that balance between private and public is what makes the system work. It makes the economy flourish and enhances the environment. This Bill gets that balance all wrong, with too much state interference and not enough private initiative, so I am sorry to say that it is bound to fail. That is a shame, because we need to get those homes built and those rivers cleaned up, that clean power flowing and those new towns going—but little will be achieved, because in this Bill all roads flow to Marsham Street, back home to the dead hand of the state.

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

Well, well, my Lords, that was a wide-ranging debate for an opening debate on a purpose clause. Nevertheless, I thank those who contributed to the debate on the amendment in the name of the noble Baroness, Lady Pinnock. I thank her for her extensive engagement between Committee and Report.

This is indeed an ambitious piece of legislation. It is our next step to fix the foundations of the economy, rebuild Britain and make every part of our country better off. The Bill will support delivery of the Government’s hugely ambitious plan for change milestones of building 1.5 million homes in England and fast-tracking 150 planning decisions on major economic infrastructure projects by the end of this Parliament. I say to the noble Lord, Lord Fuller, that his Government had 14 years to fix the sclerotic planning system that has hobbled growth in this country for over a decade, yet they failed to do so. Our Government are working across departments—yes, and I welcome that—to deliver what the last Government failed to do, which is to build the homes we need and the infrastructure that will support those homes, and to get our economy moving again.

I say to the noble Baroness, Lady Scott, that I am afraid she cannot have it both ways on the amendments that the Government have tabled. She has accused me in this Chamber of not listening. Well, we did listen in Committee and some of the amendments are in response to issues that were raised then. A number of those amendments relate to the devolved Administrations and we rightfully had consultations with those Administrations between Committee and Report. There are some truly pro-growth measures that we feel are rightly pressing and need to be done to improve the delivery of infrastructure, and there are a number of technical, minor amendments.

The Bill is not the only step towards improving the economy and delivering against our plan for change. The noble Baroness will know that we have reissued the National Planning Policy Framework; we have provided funding and training for planners; and we have provided a huge packet of support for SMEs. I met the APPG for SME House Builders the other day and it was pleased with the package that is being delivered. There is more to be done in working with the APPG, and I will be happy to do that. We have also carried out a fundamental review of the building safety regulator. All these things will contribute to the growth we all want to see.

I outlined the core objectives of the Bill at Second Reading, and we also discussed these at length in Committee. I do not suggest that I do so a third time. I recognise that planning law can be a complex part of the statute book to negotiate and interpret, whether you are a developer, a local authority, the courts or even a member of the public. I also appreciate that where a Bill has one sole objective, a purpose clause could clearly articulate this, assist people with understanding the Bill and affect the interpretation of its provisions. This Bill has a number of different objectives, with much of it amending existing law. A purpose clause is not helpful in these circumstances and could create unintended consequences. It is simply not possible or prudent for all these objectives to apply equally to each provision.

I believe we are all united by a shared objective today. On whichever side of the House we sit, we all agree that this House plays an important role in scrutinising legislation to ensure it achieves the intended objectives and to maximise the Bill’s benefit. I firmly believe that the intention behind this amendment is noble. I understand that it is tabled to aid interpretation of the Bill. My issues with purpose clauses, and the reasons I cannot accept this amendment, boil down to two things: their necessity and the potential for unintended consequences. Well-written legislation provides a clear articulation of what changes are proposed by the Government to deliver their objectives. It is for the Government to set out in debate why they are bringing forward a Bill during parliamentary passage. By the time it reaches Royal Assent, the intended changes to the law should speak for themselves.

The Government’s objectives are clear. They are also woven into this legislation through reference to a number of different targeted documents that set out the Government’s strategic intent in specific areas of policy. It is right that these objectives vary according to the topic—some of these objectives will be more important for one issue than another. If this was not the case, the Bill would lose its strategic vision.

The Government strongly support a strategic approach to planning. The word “strategic” is mentioned 196 times in the Bill, as amended in Committee. The Bill inserts a part specifically called “Strategic plan-making”, intended to ensure that planning decisions are undertaken at a more strategic level. Large parts of the Bill are drafted to take a more strategic, targeted approach to achieving the Government’s objectives. For example, this legislation gives regard to other strategic documents, such as the clean power action plan. This is all done with the intention of making clear how this legislation seeks to deliver the Government’s objectives.

Adding a purpose clause to the Bill is not the answer to addressing the complexity of the statute book, or even this legislation. In practice, it would do the opposite; it would add additional room for interpretation to a Bill intending to accelerate delivery and simplify a system. It risks creating additional complexity in interpretation, gumming up the planning system further. It risks reinserting the gold-plating behaviour we are seeking to remove. Developers and local authorities, for example, would feel obligated to show how they have considered priorities that are much more relevant to other parts of the Bill for fear of legal action. A purpose clause would provide a hook for those looking to judicially review or appeal decisions in order to slow them down.

The measures in the Bill should be allowed to speak for themselves. They have been carefully drafted to be interpreted without a purpose clause. The courts should be left to interpret the law without having to navigate their way through a maze of different purposes sitting on top of strategic objectives. A purpose clause would create ambiguity rather than clarity.

It does not appear to me, from the debate I have heard, that the House is confused by why the Government are seeking to bring this Bill forward. I think we all know that we seek to achieve the growth and the homes that this country deserves. We should therefore move forward to further debate how best to achieve them. For those reasons, I ask the noble Baroness to withdraw her amendment.

[Baroness Pinnock (LD)]

My Lords, I thank everyone involved in this short but important debate and those who have supported, in word at least, the objective of Amendment 1, which is to set out strategic purposes for the Bill. From time to time, parliamentary procedures have been considered and purpose clauses proposed, so I think the debate will continue on whether it is right and helpful to have purpose clauses at the outset of a Bill, as they do set out strategy. I understand what the Minister is saying about the strategy being throughout the Bill, but if you have it right at the outset it provides clarity on what the Bill is supposed to be trying to achieve.

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[Baroness Bennett of Manor Castle (GP)]

My Lords, having attached my name to the amendment so ably introduced by the noble Baroness, Lady McIntosh of Pickering, I will speak very briefly to explain why this is something the Government need to address and respond to.

We know that the Government tend to operate in silos and look at one project at a time, without taking a comprehensive view of the overall impact on the country. New paragraph (a) proposed in the amendment focuses on the environment. In the past 10 years or so, we have seen real progress in understanding that we need to think about the landscape on a landscape scale, rather than just going, “We’ve got a nice little protected bit here and a nice little area there”. This amendment starts to get to the issue of thinking on a landscape scale in terms of the environment.

It is not impossible to imagine. Recently, we have become very aware of the importance of corridors through which different populations of wildlife can be linked up. There could be projects where one on its own does not look like it will have a serious impact, but two together would effectively cut off and separate two populations of animals that might already be lacking in genetic diversity and not be able to afford that separation.

Then there are the humans: the “residents living in areas” where the “projects are being developed”, as the proposed new paragraph says. Over the recess, I was speaking to a couple of people very much affected by the Sevington customs facility and the impact of light pollution. This is the sort of thing that we do not think about nearly enough, but where we may see effects on people’s lives build up and up.

The other obvious area where the impacts may be cumulative is traffic. If there are projects for growing and linking together, the impacts of traffic could be absolutely disastrous on the lives of residents in those communities.

So I think this amendment is modest: it just asks the Government to think on a broader scale than I am afraid Governments—very typically—generally do.

[Baroness Pinnock (LD)]

My Lords, I believe this amendment has merit. As the noble Baroness, Lady Bennett, has just said, it is important that there is a comprehensive overview of the cumulative impact of a national strategic infrastructure project on a wider area than just the single project that is being considered.

In response to the first group, the Minister was very clear in stating that the Government wanted a more strategic approach to planning. I have issues with a more strategic approach, because it is often the details that matter most. But, if there is to be a more strategic approach, surely that must imply that it is not just on a single project but on the whole range of infrastructure projects—150—that the Government have in mind for the remainder of this Parliament.

For instance, there will be a cumulative effect of road infrastructure, and of the move to net zero, which we on these Benches totally support, and therefore more green infrastructure for energy creation. All of that requires an oversight of the totality of those projects, because it is important to understand the overall impact on local communities, rather than considering the impact project by project, as the noble Baroness, Lady McIntosh of Pickering, explained, in terms of wind farms or solar farms, for instance. I support all of these, but we need to understand their cumulative impact on communities, the landscape and the environment.

So these issues are important and I am glad they have been brought up. I hope the Minister in her response will be able to satisfy those of us who have these concerns that the Government are not going to run roughshod over the needs of communities and the environment while making their rush for growth.

[Lord Jamieson (Con)]

First, I declare my interest as a councillor in central Bedfordshire.

I thank my noble friend Lady McIntosh of Pickering for tabling her amendment and raising the issue of cumulative impacts. Under the Planning Act 2008, which governs nationally significant infrastructure projects such as major energy, transport and water developments, environmental and social assessments are already in place at various stages. However, my noble friend raises a very important issue: we should not look at developments just in isolation, whether or not they are nationally significant infrastructure projects, but consider their cumulative impact in an area.

My noble friend also raised what I refer to as consequential developments. If one were to build an offshore wind farm, by implication one would also have the consequential development of an electrical connection. Should this not also be considered as part of the planning process?

While we do not believe that this is the most appropriate mechanism—the Minister raised the issue of strategic and spatial planning, which is probably a more appropriate way to address this—we believe that it is an important issue. Depending on the Minister’s response, we may return to this at a later stage.

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[Lord Blencathra (Con)]

My Lords, I rise briefly to support my noble friend. When I was chair of the Delegated Powers Committee under the last Government, we published a report regretting the trend that over the last 30 years, more and more regulations have bypassed Parliament—not just by using the negative procedure rather than the affirmative, but through departments issuing guidance after guidance, none of which came before Parliament.

The point I want to make is a simple one of principle. We see in legislation Parliament being bypassed, in that case and in far too many cases. Parliament should not be bypassed, and necessarily so. My noble friend’s amendment simply makes the point that the Government should consider Motions by Parliament and what Select Committees say. They do not have to accept it, but at least we should have a chance to give that input. Otherwise, as I also see in cases, we will depend on various stakeholders to comment.

On the number of consultations issued by departments, there is a huge list of stakeholders, some of them great and grand organisations, royal colleges and organisations such as the RSPB with goodness knows how many million members. However, often the local MP is not listed, parliamentarians are not considered—and possibly not even the Select Committee which might have relevant views on it.

I believe my noble friend is on the right lines here, and I hope the Government will accept her amendment or at least give us assurances that Parliament will not be bypassed in the way she has suggested.

[Baroness Pinnock (LD)]

My Lords, we now have before us Amendment 3 in the name of the noble Baroness, Lady Coffey—which I thought was coming in the previous group—and there is much to agree with in what she said. The national policy statements set the tone and the content for the NPPF and then the further guidance on planning legislation, so they are the fundamental base of all further changes to planning law. They are very important.

For the Government to try to take out the opportunity for democratic oversight and scrutiny is not just regrettable but a centralising process which we should not support. Planning affects everybody’s life one way or another, be it major infrastructure projects or small housing developments. Planning affects people, and if it affects people, people’s voices should be heard, and so people’s democratically elected representatives ought to be heard. It is our role in this House to scrutinise legislation. That is what is happening now, and we are saying, “This will not do”. We cannot have more centralising of planning processes and removing democratic oversight in so doing. If the noble Baroness, Lady Coffey, wishes to test the opinion of the House on this issue, as she has intimated, we on these Benches will support her.

[Lord Jamieson (Con)]

In Committee, I described this amendment, tabled by my noble friend Lady Coffey, as vital because it preserves parliamentary accountability, ensuring that government must respond to resolutions and recommendations from Select Committees. The safeguard strengthens transparency, clarifies policy direction at an early stage, and reduces uncertainty for those affected by these statements. Robust scrutiny helps to catch potential issues before they escalate later. I appreciate that the Minister has sought to reassure us with a new, streamlined process for updating national policy statements, and of course efficiency is welcome, but scrutiny must not become the casualty of speed. This amendment strikes the right balance. It enables timely updates while ensuring that Parliament remains meaningfully engaged.

Clause 2 concerns the parliamentary scrutiny of national policy statements. While I accept that certain elements of the process could be accelerated, key aspects of the clause diminish accountability to Parliament in favour of the Executive. I struggle to understand why, given the enormous impact of national policy statements, the Government are proposing to remove such an important element of parliamentary oversight. We continue to support parliamentary scrutiny and as such, we will support this amendment.

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[Lord Blencathra (Con)]

My Lords, I speak on these amendments not with any great authority on them but because I had some experience of a heritage village being destroyed to create a reservoir when I was Member of Parliament for Penrith and The Border, a huge constituency in the north of Cumbria including the beautiful lake of Ullswater.

South of Ullswater, there is a reservoir called Haweswater, which was created in the Haweswater valley. In 1929, the Manchester Corporation took possession of the village. It moved out all the villagers, exhumed 97 graves and moved the bodies to Shap, and demolished the church and the pub. Then it flooded the village and created Haweswater Reservoir. That village in the Lake District National Park was called Mardale. We have no idea how beautiful it was—we have no photographs—but if it was in keeping with all the other villages nearby, we know that it was a superb heritage Lake District village bang-smack in the middle of a national park. We would hope that that would not happen these days, but that is why we need Amendment 7A to guarantee it. Wainwright said:

“Gone for ever are the quiet wooded bays and shingly shores that nature had fashioned so sweetly in the Haweswater of old; how aggressively ugly is the tidemark of the new Haweswater”.


I think the 1980s was the first time that, in a severe drought, the level of Haweswater dropped down to the bottom and we could see what remained. One reason that was interesting is that it destroyed the wonderful myth we had for about 100 years that on quiet, cold, still nights you could still hear the church bells clanging beneath the water level. When the village was revealed, the church tower was only about 10 feet high; it had all been removed and there was nothing left. How many houses were destroyed? We know how many bodies were exhumed, but we have no record of the number of people moved out. However, the ruins would suggest a village of more than 30 houses, including a wonderful church and pub.

Wainwright mentioned the ugly tide-mark. My constituency had Ullswater, the most beautiful lake of all in the Lake District, if I may say so. On occasions of drought in this country, the level of Ullswater is lowered by two enormous pipes, one 12 feet in diameter and the other eight feet, which pump all the water down to Manchester. I do not want Mancunians to die of thirst—the answer is to build more reservoirs there—but the damage it does to the landscape in the Lake District is extraordinary. We have these wonderful images of the Lake District and its lakes, but when you see the level in Ullswater 10 feet below normal, there is an appalling scar around the whole lake. The important point about the Lake District National Park is the landscape and the visual value of what you see. Lowering severely the level of Ullswater, with Haweswater pumping into it, causes enormous environmental damage, which is about not just oils, gases and pollutants but destroying the visual quality of some of our lakes.

On the other hand, my noble friend Lord Parkinson mentioned Kielder, which is superb. It is great for tourism and fish and really improves the quality of the landscape. I disagree with him on the tree planting. They planted millions of Sitka spruce around the lake but put them right down at the water’s edge, so you got acidic run-off. Now, as the forestry departments are cutting down those trees, they are replanting those nearer the lake with proper mixed English landscape trees which do not cause that damage. There is only one thing wrong with Kielder: it is in completely the wrong place in terms of where water is required.

Over my time as a Member for a constituency in Cumbria, every few years various schemes came up to build some huge pipes and pump Kielder down south. The cost was astronomical, not to mention the huge engines that would be required to do it. Then there were other wonderfully clever schemes to pump some of it into the Tyne, let it flow down, intercept it before it got to Newcastle, then pump it into the River Wear and intercept it before it got to Bishop Auckland—and goodness knows where it would go then. There were also ideas to pump it into canals and force them to be rivers. All these schemes have been reviewed and considered; they do not work and would not work even at enormous cost. The answer must be to build appropriate reservoirs where they are needed.

Reservoirs are needed in the south, and the problem with finding them “down south”—as we up in Cumbria would say— is that they will be in areas with wonderful villages and lots of people, and they are very difficult to construct because of the damage that may be done to those local environments. They may be in places with lovely villages and AONBs, or on the edge of a national nature reserve, or even taking in one of those nature reserves. I accept that destroying a village may be necessary, but in that case, the villagers must be consulted, and they must have a right to be properly compensated. It cannot be taken for granted that a national infrastructure project can overrule those requirements.

Turning to compensation, I will be very brief because it is not in the amendment. We can come up with compensation for people living in these places, but how do you compensate for the destruction of a wonderful 1,000-year-old Norman church or the local post office—buildings which, in some ways, are not owned by people, and involve no right to compensation?

In future, to create a reservoir it may be necessary to destroy villages, even heritage villages. In that case, we should have a protection, as my noble friends have suggested in Amendments 7A and 7B. I am happy to support them.

[Baroness Pinnock (LD)]

My Lords, the noble Lord, Lord Parkinson, said that it was regrettable that these amendments were brought at this late stage. I have a feeling that it is unacceptable that the Government should, in the final throes of the Bill, introduce very significant amendments that will have a profound effect on our communities and the environment surrounding them. This is why we are having a long debate on this group of amendments.

The Government wish to find a different route for agreeing the construction of new reservoirs. While that is a laudable aim, the methods proposed in the Bill represent a huge backward step for environmental protection and democratic accountability, without considering perhaps more straightforward solutions such as water conservation. The Government’s proposals seek to shift the decision-making process from the local to the national. As a result, and in light of their amendments on removing pre-application—which we will come to in the next group—local residents, as the Minister has said, would have to register in order to speak against the decision or to make their comments heard. It is quite an ask for people to appear before the equivalent of a planning inspectorate examination, which can be quite daunting for residents to take part in. That is regrettable.

The other issue I have a problem with is that the Government intend that where a region has a water shortage and, as a consequence, housing is turned down because there is not enough water to feed the new estates, they will issue “holding directions” to stop councils refusing planning permissions and will consider call-ins to try to overturn those. How those people will get water is yet to be understood. We on these Benches believe that the Government, alongside pursuing some new reservoirs, ought to put greater emphasis on the solution to water scarcity, which should be about addressing demand inefficiency.

This includes getting water companies to reduce the scale of the leaks from their water pipes—which is approximately 20% of the totality—to 10%. That is achievable and, on its own, would solve the immediate issue of water scarcity. The use of grey water and black water—I hate those terms—within new developments also needs to be addressed by not requiring all water that is used in this country to be of drinking water quality, which is what happens now. When you get your car washed, the car wash uses water of drinking quality to clean your car, because all water produced is to that standard. There ought to be changes in that direction as well.

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Moved by

[Baroness Pinnock]

9: Clause 4, page 8, line 22, leave out paragraph (a)
Member's explanatory statement
This amendment removes the provisions in the bill which remove the requirements for pre-application requirements for development consent.

[Baroness Pinnock (LD)]

My Lords, the amendments in this group relate to the importance of pre-application as a formal part of the process in determining NSIP applications. They are all much of a muchness. Amendments 9 and 10 seek to retain the current statutory pre-application consultation; Amendments 11 and 12 are similar. Amendment 12, in my name and that of my noble friend Lord Russell and the noble Baroness, Lady Willis of Summertown, seeks to put an emphasis on the importance of pre-application to the NSIP and setting out the purpose of it. The emphasis we have had from our Benches and the Conservative Benches today is on the importance of hearing the voices of communities and protecting heritage and the environment.

The noble Baroness, Lady Scott of Bybrook, in the last group of amendments, talked about the importance of engagement of communities in these very important national infrastructure projects. That is where pre-application is very important, because although we accept and support the Government’s aim to speed up decisions on national infrastructure projects, it is equally important that a consensus be built with the community from the outset, which you do not achieve if you eliminate upfront engagement. The key to building consensus is maintaining a statutory pre-application process. The cost of giving up short-term speedy decisions could be long-term stability and success. Amendment 12 seeks to have issues resolved early. Community influence is built into the process so that people have their say at the outset, before a planning application is submitted for examination, to ensure that the applications are technically sound and that mitigation is embedded at the beginning, rather than added in later.

All those issues are vital if communities are to feel that their voice has been heard, even if in the end a contrary decision is made through the NSIP process. Throughout my long experience as a councillor, it always struck me that if people have had their say, they are more likely to accept the consequences of a view to which they are opposed. In response to arguments in Committee on this issue, the Minister argued that it was a tick-box exercise and that others took a more constructive view in building consensus and did it well. The answer should be not to throw the baby out with the bathwater but to ensure that all construction is done with a meaningful pre-app process.

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In conclusion, while we support the principle behind the amendment, we do not believe that it is necessary or appropriate to include it in the Bill. I therefore respectfully ask my noble friend not to press Amendment 83.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for the careful consideration that she gave to my amendments during the Conference Recess. I have again listened carefully to what she had to say today and it appears that there is agreement across the House that pre-application engagement with affected communities is vital, but we disagree on how it should be achieved. The proposal in the Bill is to remove the statutory requirement for pre-application engagement. That leaves us with the good constructions engaging effectively and the poor constructions avoiding doing it well. The contention on our Benches is that all projects and constructions should engage well. The only way to achieve that is by making it a statutory requirement.

The other point about removing a statutory requirement and having a set of principles by which it should be undertaken is that, if the amendment is not accepted, we will be left with engagement that is designed by the developers and often for the developers—not for the community, as it should be. As these issues are important for those of us who care deeply about hearing the voice of people and being able to engage early in a big application, while I shall not press my Amendments 9 to 11, I wish to test the opinion of the House on Amendment 12.

Amendment 9 withdrawn.

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Moved by

[Baroness Pinnock]

12: Clause 5, page 10, line 24, at end insert—
“(7A) In issuing guidance under this section the Secretary of State must have regard to the need to ensure pre-application consultation is meaningful, including, but not limited to, adherence to the following principles—(a) pre-application consultation should be open and transparent with information and evidence provided in a timely and straightforward fashion to provide affected or interested parties with objective and relevant information to enable them to make an informed response;(b) applicants should demonstrate a responsive approach to queries and challenges raised;(c) applicants should ensure consultation and engagement activities are inclusive and enable affected or interested parties to have a reasonable opportunity to participate;(d) applicants’ interpretation and representation of results should be fair and objective;(e) all pre-application consultation should be undertaken through meaningful engagement with communities and stakeholders, offering genuine opportunities to influence proposals;(f) pre-application engagement should be proportionate, with applicants providing the right level of information to enable positive outcomes to be delivered.”Member's explanatory statement
This amendment provides principles which the Secretary of State’s guidance required by new section 50(2) of the Planning Act 2008 must have regard to, to ensure that pre-application consultation is meaningful.

[Baroness Pinnock (LD)]

I beg to move.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I will speak first to Amendments 13 to 16, 18 and 20, which revise Clause 6. They are essential to ensuring that the Bill delivers on its core objective: to speed up the delivery of infrastructure by removing unnecessary complexity and delay from the nationally significant infrastructure projects regime.

As noble Lords will know, Clause 6 was originally introduced to provide flexibility at the acceptance stage by allowing the Planning Inspectorate—PINS—on behalf of the Secretary of State to request minor changes to applications. It also introduced a new form of words at the acceptance test, requiring PINS, on behalf of the Secretary of State, to determine that an application was

“suitable to proceed to examination”

before it could be accepted. This would have replaced the existing test, which is for the application to be of a “satisfactory standard”.

Although a decision not to accept an application at the acceptance stage is rare, the uncertainty that this may occur has contributed towards the growing delays at the pre-application stage. Clause 6 intended to address this in two ways: first, by reducing the risk of a decision not to accept an application by PINS, on behalf of the Secretary of State, by inserting a discretionary power for PINS to delay a final decision while applicants remedied minor issues; and secondly, by making it clear that the acceptance test should focus on whether an application is suitable to be examined.

Since that time, the Government have proposed more radical steps to streamline the system. In future, guidance for applicants will support them in their approach to engagement and consultation on national infrastructure projects. The Government also published a consultation on changes to consultation guidance over the summer.

Although Clause 6 was intended to speed up the system and provide greater certainty, feedback from the sector throughout the Bill’s passage has made it clear that these changes risk doing the opposite. There are concerns that the change of language on the acceptance test is unclear and subjective. One concern is that it may require PINS to routinely interrogate whether there has been sufficient agreement on key issues. There are also concerns that the acceptance test will be too vague and open to interpretation. There are justified concerns that this could lead to inconsistent decisions or even higher barriers to entry of the system. Equally, there are concerns that the new process whereby PINS could request minor changes to applications before they were accepted may be routinely used by PINS to delay applications, rather than being used on rare occasions to assist applications that would otherwise fall.

That is why I am moving amendments that listen to and seek to address those concerns. They restore the original, clear test for acceptance, requiring applications to be of a “satisfactory standard”. They remove the power to delay acceptance decisions through requests for further information and they strip out the consequential provisions that would otherwise support or reference these now removed powers. These changes are simple, targeted and effective. They preserve clarity, reduce uncertainty and ensure that the acceptance stage remains focused on what it should be: assessing whether an application is complete, clear and ready to move forward in statutory timeframes, not interrogating whether every issue related to the project has been resolved.

Although we want applications to be well developed at the acceptance stage, it is not right or realistic to aim for consensus or agreement between all parties at this stage of the process. At the acceptance stage, we want application documents to meet the required standards and we want applicants to be well prepared for the upcoming examination. This means having an awareness of the issues likely to arise and using pre-application to develop a high-quality application, but it does not mean that PINS needs to see that all issues have been resolved.

I can be very clear and say that we remain absolutely committed to high-quality applications being accepted into the NSIP regime. However, in the light of feedback, we no longer think that these select provisions in Clause 6 support achieving that.

PINS will still have tools available to request that applicants address clear gaps, correct deficiencies or provide additional information early on in the process, through either Section 51 advice prior to submission or making procedural decisions during the pre-examination stage. These mechanisms allow for clarification and improvements to documentation, but without creating uncertainty or additional process for applications which meet the acceptance criteria.

These technical amendments are pro-growth, pro-delivery and pro-certainty. They reflect what we have heard from noble Lords and the sector, and they align with the broader reforms we have already made. I hope noble Lords will join me in supporting them.

Government Amendments 17 and 19 introduce a statutory requirement for the Secretary of State to publish reasons for deciding not to accept a development consent order application at the acceptance stage and clarify the point in the process when a legal challenge against such a decision can be brought. These amendments respond directly to concerns raised in Committee by noble Lords from across the House, including the noble Baronesses, Lady Scott and Lady Pinnock, who rightly highlighted the importance of and need for transparency and accountability in the early stages of the nationally significant project regime. A transparent process holds everyone to account, and applicants should be reassured that this amendment removes the risk of arbitrary or opaque decision-making.

While I disagree with the position that our pre-application consultation changes will create greater uncertainty in the system or allow poorer-quality applications to progress further, I am in favour of shining a light on the decision-making process and ensuring that the system is as transparent as possible. In other words, we are putting our money where our mouths are. The Planning Act 2008 requires the Secretary of State to notify the applicant of their reasons when they decide not to accept a DCO application. At present, and in line with its openness policy, PINS, acting on behalf of the Secretary of State, already publishes reasons for its decisions not to accept a DCO application. However, as noble Lords noted, there is no statutory obligation to do so. These amendments aim to improve the legislation to address this gap.

The amendments align the acceptance stage with the principles already embedded in Section 116 of the Planning Act 2008, which requires the Secretary of State to publish reasons when refusing development consent. The amendments ensure that applicants, stakeholders and the wider public can understand why and on what basis a decision has been made not to accept an application, supporting the integrity of the NSIP system. This is a principled response to concerns raised in Committee, and I hope it shows that we are listening carefully to noble Lords’ concerns about how our changes impact the system as a whole. I therefore commend this amendment to the House and urge noble Lords to support its inclusion in the Bill. I beg to move.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for having listened in Committee to the concerns that were raised about the acceptance process. I am pleased that there has been a rethink. The changes proposed in the amendments are not opposed by these Benches.

[Baroness Scott of Bybrook (Con)]

My Lords, we have before us the Government’s latest set of amendments to Clause 6—or should I say what used to be Clause 6 before the Government took a pair of legislative shears to it? This clause as originally drafted, as we have heard from the Minister, would have changed the test for when an application for a development consent order is accepted by the Planning Inspectorate. The Government now appear to have decided that their proposal was, in fact, unnecessary, perhaps even unworkable, so we are back to the status quo: the clear, objective test that ensures that applications are accepted only when they meet the proper standards of completeness and adequacy. Thank goodness for that. The test protects everyone: developers, communities and the integrity of the process. It ensures clarity at the gateway stage, not confusion. I thank the Minister for making these changes to the Bill.

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As a consequence, I am conscious that we will get properly into EDPs in Part 3, and I do not anticipate that we will do that until sometime on Wednesday or next week. So the timing may not be right but, if I am not satisfied, although I might not press it today, I may consider other mechanisms for this to be considered before the Bill gets Royal Assent. I beg to move.

[Baroness Pinnock (LD)]

My Lords, the noble Baroness, Lady Coffey, is right to raise this as an issue of importance. Equally, she pointed to the fact that the impact and effect of EDPs will be discussed at more length when we discuss Part 3. Although EDPs do have a significant part to play in any NSIP consenting regime, the essence of this is about EDPs. Therefore, I hope we can look to a further debate on the whole issue of EDPs when we come to Part 3 later on Report.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank my noble friend Lady Coffey for bringing forward Amendment 21. Ensuring that planning consent adequately considers environmental protections is vital and must not be overlooked. However, we are clear, and indeed passionate in our conviction, that the implementation of environmental delivery plans in their current form is deeply problematic. As drafted, the policy risks riding roughshod over our current environmental regime. We must also not forget the interests of farmers and land managers, who are, after all, the principal stewards of our natural environment. My noble friend Lord Roborough will speak in more detail on this topic and develop our position further from Committee in the coming days. My noble friend Lady Coffey is right to highlight how a local environmental delivery plan will interact with a nationally significant infrastructure project. The Government must be clear on how this will work in practice and what they intend to consider when reviewing the impact of these projects.

Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Committee stage
Wednesday 17th September 2025 Lords Chamber

[Baroness Coffey (Con)]

My Lords, I forgot a sentence in my contribution. I should have said that what we were informed of the other day completely explains how the Bill has been drafted. If it had been the Secretary of State for Defra definitively doing this, a lot of the clauses would not be needed, with the exception of compulsory purchase powers. I tabled this amendment in anticipation of raising the issue at this point.

[Baroness Pinnock (LD)]

My Lords, these Benches totally agree with the two amendments tabled by the noble Baroness, Lady Young of Old Scone, because the depth and range of the changes encompassed in this Bill are significant and substantial. Throughout the Bill are references to the regulatory changes that will be made in secondary legislation; therefore, it is vital to retain understanding by the communities that are going to be affected and to help them with transparency on what the Government are doing to keep them on side rather than in complete opposition, at every turn. If, as the noble Baroness, Lady Young, proposed, there is super-affirmative secondary legislation, the details of those changes could be properly scrutinised in draft form and then through the affirmative process. That seems an important route to take.

I am grateful to the noble Baroness for raising this and hope that the Government Benches, for once in this Bill, as we approach the end, will give us the affirmative nod.

[Lord Roborough (Con)]

My Lords, we support these amendments tabled by the noble Baroness, Lady Young of Old Scone, and my noble friend Lady Coffey. I will start with Amendment 356 in the name of my noble friend.

I am sure it was not lost on the Minister that, when she informed your Lordships that the Secretary of State for MHCLG would be the directing and reporting SoS for Natural England on the nature restoration funds and EDPs, there was a huge collective intake of breath. What a sigh of relief it was this morning to hear that this had been reconsidered. I would be most grateful if the Minister could indicate the circumstances under which it may not be the SoS for Defra, as she mentioned earlier.

The amendments in the name of the noble Baroness, Lady Young, Amendments 351A and 351B, seek to ensure that the super-affirmative procedure is adhered to for any regulations to amend existing acts or assimilated law under Section 89(2). A super-affirmative procedure would result in both Houses having the opportunity to comment on proposals put forward by the Minister and to recommend refinements before amendments are tabled in their final form. I am sure that all noble Lords are of the firm belief that scrutiny of legislation and delegated powers are important principles and a staple of any democratic system. I therefore very much welcome the spirit of the amendments and look forward to the Government’s response.

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However, I fear that some elements of the Bill, such as the enhanced powers for Natural England, will slow planning down, and I remain very worried about the resourcing of planning departments faced by so many changes and rules. Can the Minister head off the blockage that this amendment puts on the commencement of the Bill by listing the provisions that will speed things up, alongside those provisions that will lead to further delay, and convince me and this Committee that the net effect of the Bill is very positive, as the Government have claimed? I beg to move.

[Baroness Pinnock (LD)]

My Lords, SME builders play a very important role in the housebuilding sector of the country because they are able to build on small sites that often need to be redeveloped or are in villages or small townships. We need to encourage SME builders, because they add variety to the range of housebuilders that we rely on in this country. It does seem that, throughout this Bill, there has been too much emphasis on the major house developers—on the basis, I guess, that they are the only source of the very large numbers of housing units that the country requires.

I know that throughout the Bill the Government have attempted to support SMEs, although I am not sure that that has been sufficient. The noble Baroness, Lady Neville-Rolfe, has important points to make about SMEs. As always in planning, it is the balance—between encouraging SMEs, maybe at the expense of some of the regulations regarding environment, and relying too heavily on the major housebuilders, which will be able to cope with the growing need for consideration of environmental responsibilities. I look forward to what the Government are going to say about this; encouraging SME builders is really important.

[Baroness Scott of Bybrook (Con)]

My Lords, we are nearly there. I thank all noble Lords from across the House for their contributions to the Bill. Over long and often intricate debates, sometimes stretching well into the night, your Lordships have engaged with candour, with insight and with seriousness befitting the weight of these issues. The cross-party spirit of scrutiny and the diligence shown in Committee has, I believe, genuinely strengthened our deliberations.

Amendment 361, tabled by the noble Earl, Lord Caithness, is sound and reasonable. I shall not detain the Committee with another extended rehearsal of why Part 3 is, in our view, both damaging and unnecessary. But let me be clear: despite the Government’s determination to plough ahead with this part of the Bill, the opposition to it will only crystallise further on Report. Part 3 needs to go. At the very least, there must be an independent oversight of its administration. Without that, the concerns raised in Committee will only deepen.

The two thoughtful amendments tabled by my noble friend Lady Neville-Rolfe are practical and considered proposals that go right to the heart of the issues we have debated throughout Committee. Amendment 363 would ensure that the Secretary of State updates all national policy statements before the Act can be commenced. This is vital; out-of-date national policy statements do not provide the clarity or certainty required for developers, planners or communities.

Meanwhile, Amendment 364 would ensure that the Secretary of State publishes an analysis of how each section of the Bill will affect the speed of the planning process and construction before any provisions are commenced. If the central purpose of the Bill is, as Ministers insist, to accelerate planning and speed up delivery, it is only fair to ask how it will achieve that objective in practice. Will it, for example, make any real progress towards the former Deputy Prime Minister’s target of 1.5 million new homes, a promise which, under this Government, looks ever more distant as housebuilding rates continue to decline?

I conclude by returning to the point that I made at the start of Committee. This Bill does not go far enough. It makes adjustments to processes, to roles, to fees and to training. But it leaves untouched the fundamental framework of planning—the very framework that needs serious, bold reform if we are to unlock the scale of housebuilding that this country so urgently requires. We now hear rumours of a second planning Bill to come. If that is true, what your Lordships’ House has been asked to consider is not reform but merely a prelude.

The Government have missed an opportunity with this Bill. They had the chance to set a clear vision for the planning system that delivers for communities, supports growth and tackles the housing crisis head on. Instead, they have brought forward a piecemeal piece of legislation more about tinkering at the edges than about grasping the real challenge. The Government have chosen to use up their remaining political capital on Part 3 rather than building more homes, and the Minister will soon realise that she and her department have wasted their energy on this Bill.

I repeat my thanks to all the staff in the House: the doorkeepers, the technical staff and Hansard have all had to work very hard on nights when we have sat late on this Bill, and I thank them very much for that.

Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Committee stage
Monday 15th September 2025 Lords Chamber

[Baroness Hodgson of Abinger (Con)]

My Lords, I am afraid that I am not completely in tune with my noble friend Lady Coffey, for which I hope she will forgive me. While I agree that maintenance and repairs are essential and should not be held up in any way, I urge caution about some internal changes.

In recent years, a minimalistic approach has gained popularity. In the case of grade 2 listed buildings, this may mean ripping out features of historic importance and changing floor levels, ruining the proportions and character of beautiful, old buildings. While I acknowledge that there is a balance to be struck, as sometimes, with modern living, removing a wall or making small changes can be beneficial, I would urge that this is not done without oversight.

I draw the House’s attention to the fact that buildings of 1850 and before receive pretty much automatic listing. However, there are many lovely houses that are built after this, especially Victorian houses from 1850 to 1900, and they do not qualify because they are not considered special. They have no real protection. Even where those houses fall in a conservation area, it will mean that only the façade is preserved.

We are losing internal features of many historically interesting buildings. We need to put a brake on this, because once gone, we will never get them back.

[Baroness Pinnock (LD)]

My Lords, the whole purpose of listed building legislation is to ensure the integrity of the listed structure. The requirement to apply for listed building consent is in order to protect the building from inappropriate changes which would compromise the listing. Many people in civic society care deeply about retaining and protecting listed buildings. As listed building applications are free, as we debated on an earlier day in Committee, that helps those who own listed buildings—there is no cost to it. Heritage planning officers know that some buildings need a fundamental change of use if they are not to lie empty and decay. That is okay, as long as it goes through a listed building consent application.

I know that these are large changes, but I will give one example. In my own town, there is a grade 2* listed building which is a former united reformed chapel—there are lots of great methodist, congregational or united reform chapels in the north. It was altered to become an Indian restaurant, allegedly the largest in the world, with room for 1,000 people. Subsequent alterations to the access, inevitably with lots of stairs to reach the front, were given permission, but the listed building consent application enabled local people to know that a treasured building was not being changed without the appropriate permissions. Even if such changes are relatively minor in comparison to the structure as a whole, constant minor changes could nevertheless add up to a big change that would not be appropriate and compromise the integrity of the listing.

As your Lordships can perhaps tell from the comments I have made, I am not a supporter of the amendment proposed by the noble Baroness, Lady Coffey.

[Lord Jamieson (Con)]

My Lords, my noble friend Lady Coffey raises an interesting issue on exemption for listed buildings for internal repairs and renovations. I understand the desire for a lightening of the regulatory burden and that this a probing amendment, but there is also a need for balance. I look forward to the Minister’s response.

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In conclusion, together these amendments embrace both print and digital distribution, meaning that councils can maximise transparency, strengthen their relationships with local media and fulfil their statutory obligations more effectively. A modernised system would serve residents better, support journalism where it is most needed and ensure that public notices achieve their purpose in today’s media ecosystem. Noble Lords will notice that I have gone to some lengths to establish that these notices should be placed in quality outlets. I have done so by requiring regulation by IPSO and Impress and requiring that they have a substantial local presence. There may be other and better ways of doing this but, at the end of the day, we are asking councils to exercise their own judgment as to how best to get this information out to their local population. I beg to move.

[Baroness Pinnock (LD)]

I am amazed that no other Members of your Lordships’ House want to speak about local news and newspapers. I broadly agree with the amendments in the name of the noble Lord, Lord Lucas. He is absolutely right that the question we have to ask ourselves is: with the sad decline, as I see it, of printed local news, how best do we make sure that important public notices, as defined in legislation, that are currently placed only in printed news outlets, get a greater reading and more information about them spread by including them in reputable or quality online news outlets?

I agree with the noble Lord that it should be both, because a number of people still read a paper version of a local newspaper. I am amazed that there are people where I live—they contact me—who read these public notices and ask, “What on earth is going on here?”, even though they are printed in font size 6 or 7, so you need a magnifying glass to read them. I wonder whether the noble Lord, Lord Lucas, has considered that public notices in the print media are very tightly printed, and how they can be accessible online. Sometimes, you get a whole page of public notices. I generally agree that we have to do something to make sure that more people have access to important information.

My understanding is that currently there is a public notice portal—public notices are gathered from the print media and put on to this portal. It would be interesting to know whether the noble Lord, Lord Lucas, is thinking about enabling councils, through legislation, to choose whether to publish directly on to that public portal.

Generally, I more or less support the noble Lord, Lord Lucas. We have to have reform and your Lordships’ House and others have considered this in detail, so the question is how we set about it. With those remarks, I look forward to other comments on this group of amendments.

[Baroness Scott of Bybrook (Con)]

My Lords, the amendments in the name of my noble friend Lord Lucas highlight and reaffirm the importance of local news publishers. Increasingly, these are online, but not always. Some areas still have quite successful newspapers that have print runs, sometimes daily but now often weekly, but this differs in local areas, so I think that local authorities are best placed to decide what medium they use for advertising all things planning.

On this side of the Committee, we support the existence of local news publishers across the United Kingdom. As we have heard, they serve as an important conduit between local people and their authorities and are crucial for upholding community engagement and local democracy, values which I hope all noble Lords will join me in supporting. Indeed, the importance of local news publishers is even more significant when we consider it in context of important planning and development decisions. Local people are those most affected by such decisions and it is important that their voices are heard and meaningfully listened to. Local news publishers play a vital role in making sure both that local people are represented and that the relevant information is disseminated to them. I hope that the Government will take these amendments seriously and I look forward to hearing how they will be addressed.

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Moved by

[Baroness Pinnock]

209B: Clause 105, page 147, line 8, at end insert—
“(za) in subsection (2), at end insert “unless the acquiring authority states that the whole of the land is being acquired for the purpose (or for the main purpose) of provision of sporting or recreational facilities in which case subsection (5) shall not apply.”” Member’s explanatory statement
This amendment would enable hope value to be disregarded in calculating the compulsory purchase value of land, where it is being purchased for recreational facilities.

[Baroness Pinnock (LD)]

My Lords, this amendment relates to removing—or “disregarding”, to use the legislative term—hope value from recreational land that is to be purchased for public use.

The principle of hope value was debated at length and in detail during consideration of the then Levelling-up and Regeneration Bill in your Lordships’ House. It was agreed by the Government of the time that hope value could be disregarded by acquiring authorities for a number of purposes—including for schools, for example. However, hope value for public recreational uses was not included in the list of categories where hope value could be disregarded.

So Amendments 209B and 209C in my name seek to add the disregarding of hope value by acquiring authorities into the legislation. The reason for that is fairly straightforward and obvious. On a previous day in Committee, we had a debate on the importance of recreational land. My noble friend Lord Addington and the noble Lord, Lord Moynihan, made a strong case for better planning and more openness to planning applications for sporting use. These two amendments seek to add to that.

The importance of the availability of public recreational land cannot be overstated. In days gone by, children could go out of their front door and play in the street without risk. Now that is not possible because of the obvious influx in terms of every household having a car. So, in order for them to play outside, children have to be taken somewhere. If there are not enough “somewheres” to go to—somewhere to kick a ball in a local recreation area; a park, somewhere to go and walk round a lake; or somewhere to play on playing equipment that is provided—it is a huge loss to the development of young people.

Sport, such as the World Athletics Championships—I am an athletics fan, although I could not get to Tokyo—is really important to this country, so it is important that all children have opportunities for play. If local authorities wish to extend the use of recreational areas, it is best if the cost of that land is not added to by hope value.

Those two simple amendments have the same purpose: to enable local authorities to buy land for recreational use without hope value attached to it. I look forward to hearing about the other amendments in this group, and will respond to them when I reply to the Minister. With those short but, I hope, strong messages showing that this is an important issue, I beg to move.

[Lord Roborough (Con)]

My Lords, I shall speak to Amendments 210 and 211 in my name and Amendment 227G in the name of my noble friend Lord Sandhurst. I refer the Committee to my register of interests, as I have previously disclosed on this Bill.

When we say that the Conservative Party is under new management, we mean it. We are rightly proud of much of the work that went into the Levelling-up and Regeneration Act 2023, but we are also clear about areas where improvement is needed. I have tabled Amendment 210 to address one such issue, an issue that sits uncomfortably with our core principles of property rights and fair compensation. We believe deeply in the right of individuals to own property, and that such ownership should not be disturbed lightly. When it is, compensation must be fair and transparent and reflect the true value of what is being lost. That includes hope value.

Hope value is not a vague or abstract notion; it is a well-established component in the valuation of land and property, used not only in sales but in inheritance tax assessments and a wide range of commercial transactions. It reflects the possibility that land might in future obtain planning permission for a more valuable use. It is the very element that allows developers and others to bring forward land for development, persuading reluctant landowners to sell by recognising the future potential of their land.

To disregard hope value is to ignore how the market works. It risks undermining confidence in the land market and creating new barriers to development rather than removing them. The valuation methodologies underpinning hope value are well understood, professionally governed and economically rational. They are consistent with option valuations in financial markets, although I am not sure they go so far as to use the Black-Scholes option pricing model.

If a site has no realistic prospect of future development, its hope value will naturally be nil or negligible. However, where a site has a reasonable expectation of future change in use, reflected in prices agreed between buyers and sellers, we must ask why the Government or local authorities should be entitled to disregard that. In doing so, they risk ignoring market signals and distorting resource allocation. If the market values a piece of land as having the future potential for residential development but the authority wants to use it for a different, potentially less efficient use, that should prompt reflection, not concealment.

In a helpful Written Answer following Second Reading, the Minister set out the intended application of these provisions. That response included reference to land for educational and health purposes but also to housing, and not necessarily affordable housing. That gives little comfort. The noble Baroness, Lady Pinnock, has moved her Amendment 209B, which seeks to expand this to recreational facilities. Needless to say, we do not support that.

We are told that the powers will be used to support affordable housing schemes, but in practice the drafting is broad, the safeguards are weak, and I see no mechanism that protects landowners should the purpose of the CPO change after acquisition. Could the Minister clarify? Would these provisions still apply if the land were no longer used for the original purpose stated in the CPO? Clear guidance—or, better still, an amendment to the Bill—could help to avoid costly litigation in the years to come.

The Minister’s letter also cited examples where removing hope value might help to bring forward certain sites, such as brownfield land where viability is an issue, infill plots, and allocated sites that have not yet come forward, but that analysis does not hold. If viability truly is an issue, the hope value will already be low or nil, and on infill or allocated sites it is not the price that delays development but the length and complexity of the planning process and the delays caused by responses from statutory consultees and agencies.

I hope I have persuaded the Committee that removing hope value does not unlock land or accelerate housing delivery. On the contrary, it undermines property rights, weakens trust in the planning system and may ultimately deter landowners from bringing land forward.

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[Baroness Taylor of Stevenage (Lab)]

I cannot give the noble Lord that reassurance this afternoon. I am sure that he will understand that that is not included in the Bill at the moment—he may want to consider something on that later—but I understand the reason that he is saying it. We have, however, said very clearly that there will be the possibility for the private sector to contribute to EDPs. We are encouraging our colleagues in Natural England to develop that further.

Amendment 325, tabled by the noble Lady Baroness, Lady Hodgson, would restrict Natural England’s ability to use CPO powers to purchase land that is in use for the grazing of animals or is high-quality agricultural land. As I have just set out, there is an extremely high bar for the compulsory purchase powers under the NRF, with the Secretary of State having to approve any use of these powers. As I said in my response to the amendments of the noble Lord, Lord Roborough, there is a clear need to ensure that CPO is available, albeit with this very high bar. The use or future use of land will of course be taken into consideration by the Secretary of State, and I set out earlier this afternoon the consideration in both the land-use framework and the NPPF that land in other use must be considered before resorting to agricultural land. The Secretary of State will take that into consideration when considering whether to allow the CPO, and will ensure that sensible choices are made that align with the Government’s wider objectives, not least in respect of food security, which is a discussion we have had many times in your Lordships’ House. With this explanation, I hope that the noble Baroness will not press her amendment.

Amendment 227G, tabled by the noble Lord, Lord Sandhurst, relates to the use of compulsory purchase powers and compatibility with the European Convention on Human Rights. It seeks to place a requirement on the Secretary of State to lay before Parliament, within one month of the Bill receiving Royal Assent, a report assessing whether the rights of individuals under the European Convention on Human Rights are adequately protected in the exercise of compulsory purchase powers by local authorities.

The power to compulsorily acquire a person’s land is a draconian power which engages the ECHR and raises questions of common-law fairness; I think the noble Lord, Lord Sandhurst, referred to that himself. A fundamental principle of the compulsory purchase process is that the confirming authority should be sure that the purposes for which a compulsory purchase power is proposed justify interfering with the human rights of those with an interest in the land affected. Acquiring authorities must demonstrate to the confirming authority that such an interference is so justified. When making their decision on whether there is a compelling case in the public interest for each individual CPO, the confirming authority must always give consideration to the provisions of Article 1 and, in the case of a dwelling, Article 8 of the ECHR and the impact of the proposed CPO on the individuals affected.

The compulsory purchase process also enables the exchange of written representations and the holding of inquiries and hearings into objections conducted by an independent inspector, reporting to the Secretary of State, whose decision is subject to legal challenge to uphold the rights enshrined in Article 6 of the ECHR. When justifying their CPOs, the Government guidance on compulsory purchase is clear that acquiring authorities should address the potential harm to private rights and how the impacts on human rights from the respective order have been considered. The compulsory purchase process already provides protections to the rights of individuals affected by compulsory purchase and, for these reasons, I ask the noble Lord not to press his amendment.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for her very detailed response to this group of amendments, but I am rather disappointed that the Government did not feel able to add a public recreational use to land that is to be disregarded for hope value by acquiring authorities.

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[Baroness Young of Old Scone (Lab)]

My Lords, I briefly remind the Committee, and also the Minister, that much of this could be avoided by implementing the land use framework approach to land use, which is a method and tool intended entirely at various scales—national, local, regional and on individual land holdings—to balance all these competing demands for land. I am very much looking forward to it coming out, hopefully before this Christmas, but noble Lords have heard my Christmas speech before.

[Baroness Pinnock (LD)]

My Lords, the noble Baroness, Lady Young, has made the point that we on these Benches would wish to make.

[Lord Roborough (Con)]

My Lords, I speak in support of Amendment 214 in the name of my noble friend Lord Hodgson of Astley Abbotts and thank him for bringing forward what is, I believe, a thoughtful and timely intervention. The amendment seeks to ensure that the Government provide annual updates on agricultural land lost as a result of the Bill, along with any consequent risks to the UK’s food and water security.

We have heard, both in and beyond this Chamber, growing concern about the pressures being placed on agricultural land—particularly the cumulative effect of development, including infrastructure and renewable energy projects, on land that has long supported our domestic food production. This is not an abstract concern. Recent debates around the siting of solar farms on high-grade best and most versatile agricultural land have brought this issue into sharp relief. Although renewable energy is vital for our long-term sustainability, it must not come at the cost of food security.

Food security is a strategic national interest. The experience of recent global shocks, from the pandemic to the war in Ukraine, has reminded us just how important it is to maintain a strong, resilient domestic food supply. Once high-quality agricultural land is lost to development, it is not recovered. We must therefore be careful stewards of this finite resource, particularly the best and most versatile land, as my noble friend Lord Fuller pointed out.

My noble friend’s amendment rightly presses the Government to monitor and report on these risks with due seriousness. The principle of ensuring that we do not undermine our food and water security through planning reforms is one that I believe all sides of this House can support. If I may provide some reassurances to my noble friends, global food production has grown at 0.7% on average per annum for decades, in line with global population growth. That is on stable acres, with lost acres in some regions of the world balanced by other regions, such as Brazil. Acres of land that are lost in this country to development are most likely being replaced by the Cerrado, and possibly even rainforest, being cleared in Brazil. There is a serious leakage issue when we lose our agricultural land. On that, I highlight my register of interests, including as a shareholder of SLC Agrícola in Brazil.

I look forward to the Minister’s response to this amendment and to hearing how the Government intend to safeguard these critical national interests as the Bill progresses. I also support the comments of the noble Baroness, Lady Young, on the land use framework.

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[Lord Cromwell (CB)]

My Lords, the noble Lord, Lord Cameron of Dillington, and the noble Earl, Lord Lytton, have added their names to my amendment; they both apologise for being unable to be present in the Committee today.

This amendment would introduce a code of practice for compulsory purchase. It is widely accepted that, provided it is carried out appropriately, the state should have the right to acquire people’s homes and businesses in the interests of the nation. Noble Lords will be relieved to know that this amendment will not reopen the whole debate around that issue—I hope that buys me a few extra minutes.

Compulsory purchase was established on three assumptions: that it would be a quicker way to acquire land in the public interest; that it would make it possible to do that at a cost below market rates; and, importantly, that it would be a last resort if a voluntary sale could not be agreed—or so the theory went. However, anyone who is familiar with the process and practical realities of compulsory purchase will know that it is not at all quick or cost effective, with timelines running into years and with the costs of public inquiries, surveyors, lawyers and other actors on both sides.

It is widely acknowledged by professional agents—regardless of which side they work for—that, contrary to the original theory of compulsory purchase, the costs are always considerably higher if the party is being forced to sell rather than doing so on a voluntary basis. A consensus is often achievable, but only if the acquirer’s agent works with the seller rather than acting, frankly, as a bully boy for the Government.

The related issue of hope value was addressed in an earlier group. I will not cover it again beyond saying that the ability to compel property to be given up—I will not use the word “sold”—at well below its market value is, of course, attractive to those with the compulsory power but brutally costly and disruptive to those on the receiving end.

So how does this work in practice? The actual exercise of compulsory purchase powers has been devolved by the Government to a growing number of agents. These powers enable the agents to force people to leave their homes, to give up their businesses and their land, and to do so below market prices. Agents receiving these aggressive powers are commercial entities governed by financial and time-related performance targets.

Perhaps inevitably, these incentives and the imbalance of power between government-backed agents and ordinary citizens have created a real, growing problem around the behaviour of agents acting for the acquiring government authorities. Agents’ ability to compel a sale means all too often that they ignore normal conveyancing practices and refuse to recognise the justifiable concerns and interests of those whom they are forcing to sell, who are all but powerless and cannot realistically afford to challenge them. Noble Lords should be under no illusion: the lack of proper constraints means that a culture has widely grown up of the strong-arming and intimidation of those who are forced to sell by government-appointed agents.

There is also the profiteering practice that agents and authorities are sometimes shy of talking about, some of which has been referred to by others, of the acquiring authority then selling on the land for commercial purposes as a whole or in parts at full market value and pocketing the profits—with the agents, of course, paid to arrange the disposals.

To make the situation more real to anyone struggling to believe what I am saying or who is not involved in compulsory purchase, here are three quick live cases that I am aware of and, for clarity, in which I have no interests to declare. In the first case, both sides of a transaction had already agreed voluntarily to sell one field and give a right of access over an adjacent one. But at exchange the agent for the acquirer presented out of the blue a plan that included further land that was not part of the agreement. When this was pointed out, the acquirer’s agent immediately cut off communication and went to use compulsory purchase on all the land.

In the second case, a farmer was approached by an infrastructure provider for initial surveys. As the land was designated ecologically sensitive, he instructed an agent to prepare a bespoke licence agreement to give access to the provider. The infrastructure provider abruptly cut communications partway through the drafting process with no reason given and served a compulsory notice for access. The notice, and the developer’s subsequent trespass, then went on the wrong property and was not subject to discussion. Legal proceedings followed, which were inevitably costly for both sides and created substantial delays.

Case 3 is a simple quote from one forced seller:

“The bypass went straight through the middle of our farm taking 36 acres and all the buildings. Eight years after the bulldozers went in, we are still owed £136,000. When that is eventually paid, we will have to pay capital gains tax (at the new increased rate) on that compensation. How can it be fair that the government can destroy our farm and pay us in return a fraction of what it’s worth? … capital projects need to be built for the benefit of the nation, but surely in a decent, fair country, those concerned should be compensated with 100% of the value of the asset taken and paid before the land is occupied”.


I remind noble Lords that they were still waiting eight years later. I underline that there are many similar stories across this country.

Finally, I cannot resist mentioning HS2. Even on the northern section, which was cancelled two years ago, farmers still have barren strips of land through the middle of their farms, commandeered by HS2 but still not yet handed back. Matters are made worse with HS2 by the splitting of responsibilities between the Treasury and Department for Transport, with neither taking responsibility for the poor behaviour of agents. There are cases where farmers are not being paid for years and householders, having been given three months’ notice to get out, then not being paid for up to nine months. As one affected party put it—this is a different case—

“7 years after they unilaterally took our land we are still waiting for payment at just 70% of the value of the land and the matter is now being dragged through the courts”.


So what rules are there? The Royal Institution of Chartered Surveyors has published baseline standards that it considers should apply to people acting for the acquiring authorities and the claimants. While I urge the Minister to look at and publicly endorse these standards, RICS has jurisdiction over its members only—not, for instance, over a non-member profession or a project management team.

Furthermore, crucially, these and other existing guidance rules do not cover two things that loom large in practical compulsory purchase experience: defining and preventing bullying tactics, and failure by agents or the acquiring bodies themselves to make prompt payment when due. We cannot go on in denial of this problem. That is why this amendment proposes the introduction of a proper code of practice for compulsory purchase: to negotiate and agree values et cetera in good faith, with the possibility of compulsion genuinely as the last resort rather than the starting point, and to pay full value in advance of taking possession, as is systematically the case in the commercial world.

I pose two questions to the Minister. First, does she share my belief that no one should be expected to give up their house, land or business only to find themself with no money to buy another house due to non-payment by the acquirer, or to have part or all of their business forcibly removed from them before payment? Secondly, does she agree with me that the Government’s announcement that they will issue financial penalties to persistently late-paying businesses should include penalties on late-paying agents and other authorities when exercising the powers of compulsory purchase on behalf of the Government?

This amendment, by making the conduct of compulsory sequestration of land subject to an agreed code of practice, would provide a check on the current abuses and the practical problems that I have outlined. As noble Lords will know, I am always concerned not just about our making laws that make us feel happy but with enforcement, and it will therefore come as no surprise that part two of the amendment addresses this squarely.

I look forward to the Minister’s reply to my two questions, and I ask the Government to accept this simple but urgently needed and positive amendment, particularly before handing out additional compulsory purchase powers to Natural England. Finally, I should mention that this is very likely to come back on Report. I beg to move.

[Baroness Pinnock (LD)]

My Lords, before I introduce my amendment in this group, I say that the noble Lord, Lord Cromwell, has raised some very challenging aspects of compulsory purchase, particularly that of late payment. I will wait for the Minister to respond to that. There is no purpose in having this balancing act, which the noble Lord explained, between individuals and the state if the state does not play fairly by the rules.

Amendment 219 in my name and cosigned by the noble Baroness, Lady Jones of Moulsecoomb, is on the face of it quite radical. In fact, however, all it would do is put pressure on housebuilders to fulfil the planning permissions they have obtained. Planning consents already have a standard three-year period in which to begin construction. Where development is seen to be more challenging, a longer period of five years is sometimes available. Those time periods are not unreasonable. If a housebuilder is seeking to develop a plot of land, they have three years in which to implement or at least to start construction.

Members on all sides know that there is a desperate need for more housing. All political parties have made the case for more housing, in different numbers per annum, but this is not about the numbers game; it is the building of them that is important. The ONS has estimated that there are already 1.2 million outstanding permissions for housing units, as yet unbuilt. I will not use the term “land banking” because there are plenty of arguments out there, and investigations have been made by public lobby groups to point out that land banking is too broad a term for what is going on. Obviously, the reasons are quite varied. Some depend on national and local economic outlooks; nevertheless, 1.2 million units have not been built when we need new homes.

Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Committee stage
Thursday 11th September 2025 Lords Chamber

[Lord Banner (Con)]

My Lords, I will speak on Amendment 167, which stands in my name. It would require future neighbourhood plans to be consistent with national planning policy, in particular the National Planning Policy Framework. Neighbourhood plans, once made, form part of the statutory development plan in accordance with which planning decisions must be made, unless there are other material considerations indicating to the contrary.

Typically, for their first five years, neighbourhood plans attract the protection of paragraph 14 of the NPPF. Even if the tilted balance in paragraph 11(d)(ii) applies, the proposed development is consistent with the NPPF and there is a lack of a five-year housing land supply, a development that conflicts with the neighbourhood plan will fail to get permission, so they carry real force in the plan-making and development control system. The problem with this is that, under the so-called basic conditions against which new neighbourhood plans are examined, a neighbourhood plan has only to have regard to national policy, not be consistent with it. There is a world of difference between the two. I am sure that the Minister will have regard to everything that we say in this debate, but I dare say that not everything in her response will be consistent with it. There is a world of difference.

Neighbourhood plans of course have a role to play in what my noble friend Lord Jamieson called the “pyramid” of planning policy, in giving effect to national and district policy, but they should not be able to undermine it—yet that can happen currently. From my experience at the coalface of planning decision-making, as an advocate in planning proceedings, I know that happens with real regularity. For example, a neighbourhood plan can have regard to NPPF policies on greenfield development but then impose more restrictive criteria, making it harder than national policy envisages for developers to get permission on greenfield sites. Neighbourhood plans can self-impose a housing requirement for their area that is not consistent with the NPPF’s standard method for assessing local housing need, thereby downplaying local needs within their area and stifling necessary growth.

With the greater direction on planning policy from central government under this Government—something with which I have more sympathy than perhaps some other colleagues on this side of the House—the risk of neighbourhood plans undermining national policy is even greater. This tends, in my experience, to be particularly prevalent in those areas where parish councils or other neighbourhood planning authorities are well resourced: areas which are wealthy, where the affordability gap is perhaps greatest and where the need for new affordable homes is particularly severe. It is in those kinds of areas where neighbourhood plans tend to have the most deleterious effect on delivering necessary growth.

My Amendment 167 would eliminate this issue by putting neighbourhood plans in their proper place in the hierarchy of planning policy—not letting the tail wag the dog, as so often happens. I agree with my noble friend Lord Lansley that bringing Section 98(3) of LURA into effect would also help in relation to national development management policies, but that would still leave a lacuna in relation to the NPPF. I urge the Government to consider this proposal very carefully. I also endorse the comments of my noble friend Lord Jamieson on his Amendments 150ZA and 150ZB.

[Baroness Pinnock (LD)]

My Lords, I have Amendment 185M, which proposes a vital duty to ensure due consideration of neighbourhood plans. I am delighted that, in discussions on the Bill, we are spending time considering the importance of neighbourhood plans, because they represent the heart and soul of local communities’ aspirations for their areas. They are often painstakingly developed by local people, often without much in the way of expert advice, and the plans reflect the needs, the character and the priorities they want for their areas. However, without adequate statutory backing, these plans risk being marginalised by larger-scale development decisions.

If adopted, Amendment 185M would achieve two important outcomes. The first would be that a planning authority, including the Secretary of State, would have to give due consideration to any neighbourhood plan or, indeed, any draft neighbourhood plan when making a decision on an application for planning consent. If that happens, the voices of local residents, as expressed through their neighbourhood plans, will not just be there but be factored into major development decisions. Maybe that is where I differ from the noble Lord, Lord Banner, and others in this group of amendments.

The other outcome of the amendment would be that the Secretary of State would permit a variation to a neighbourhood plan only if the variation were clearly justifiable and unlikely to compromise the overall intention of the neighbourhood plan that has been proposed in a clear manner. The amendment would safeguard the integrity of neighbourhood plans, preventing arbitrary or poorly considered alterations that could undermine their community-driven objectives.

I suppose that, in the end, it depends how we look at planning. We have had two analogies today: a planning hierarchy from the noble Lord, Lord Banner, and a pyramid from the noble Lord, Lord Jamieson, and I wonder whether using those images makes us think that the important bit is the apex. I would use a different analogy: our road system. The big NPPF, strategic plans and local plans are like major roads and motorways, but what gets us from one place to another are local lanes and byways—and that is the neighbourhood plans. Those are the ones that matter to people. Once we start thinking of pyramids and hierarchies, I think we tend to think that the top of the pyramid is the important bit, but actually it is the foundations. I have probably said what I need to say about that.

I am in broad agreement with the amendments in the name of the noble Lord, Lord Lansley. We went through all of them during the passage of the Levelling-up and Whatever Bill, now an Act. It is important that public bodies are made to assist with plan-making. If you do not, where does that end? The issue that the noble Lord, Lord Lansley, is trying to get us to think about is that frequently, in my experience, local people engage in planning only when it comes to a practical application on the table for a planning decision on a housing site, a commercial development or whatever it is.

Unfortunately, my starting point is that as a local councillor I often have to say to people that a housing site is already in the local plan and therefore the principle of development has been determined. Often, they will say, “Well, where was our say in this?” I will go through what I and others tried to engage with them and let them know what the proposals were. The difficulty that people often find is that this is a theoretical plan at a strategic level with great big sort of proposals for transport infrastructure, commercial development or housing. It is theoretical, as is local planning, even when it is allocation of sites. People often struggle to engage at that level. In this era of thinking about the creation of strategic planning and local authority local plans, we need to think very carefully about how that information is transmitted to the public.

Amendments in an earlier group on this Bill, probably two or three days ago, were about digital modelling. I think that would bring to life for people land-use planning and the allocation of sites. So that is my only difficulty with the argument made by the noble Lord, Lord Lansley.

The collective impact of all these amendments would create a more integrated and responsive planning system. If we want to put local communities at the heart of engaging with and taking part in responsible decision-making about what happens where they live, neighbourhood planning must be at the heart of that, because it enables proper democratic participation in making decisions about their area for their future. I hope that the Minister will give that a positive nod.

[Baroness Taylor of Stevenage (Lab)]

My Lords, all the amendments in this group concern the interaction between spatial development strategies, local plans and the neighbourhood planning system. I absolutely take the point that this must be a coherent system. To pick up the point made by the noble Lord, Lord Jamieson, about the scars on our backs from local plan delivery, we in Stevenage found ourselves in the crazy situation of having had three years of consultation on our local plan and a three-week public inquiry, which is quite unusual, and then having the plan held up for 452 days on a holding direction. That is exactly the kind of thing we are talking about; we have to get over these delays and glitches in the system.

--- Later in debate ---

[Baroness Andrews (Lab)]

My Lords, I am intrigued by this exchange, because the thought had occurred to me that, by introducing a principle of proportionality into the legislation, we would then open the floodgates to contention about what is proportional. The question of JR seems to be immediately rearing its head. Therefore, I cannot see how, rather than simplifying the system, it would not add a layer of complication.

The argument about the CIL in relation to small developments is a different one. There is some merit in that because of the flexibility one needs for small builders. However, that is only part of an ancillary argument to the broader and slightly dangerous argument brought forward by the noble Lord, Lord Banner, in favour of over-complicating the planning system in the way he suggests.

[Baroness Pinnock (LD)]

My Lords, proportionality is in the eye of the beholder; it depends on your perspective. These ideas—proportionality, reducing bureaucracy, speeding up small developments and reducing costs—are seen from the perspective of the developer. Those are fair arguments to make, but, equally, if we are to be proportionate, we need to see the other side of the balancing scales: the perspective of those on the receiving end of the development. For example, taking away the importance of bats, badgers or whatever might reduce costs and bureaucracy and speed up development, but it would anger local people.

--- Later in debate ---

[Lord Banner (Con)]

There is a definition in proposed new subsection (4) of the amendment:

“The principle of proportionality in planning means that the nature and extent of information and evidence required to inform the determination of any permission, consent, or other approval within the scope of the Planning Acts shall be proportionate to the issues requiring determination, having regard to decisions already made … and the extent to which those issues will or can be made subject to future regulation”.


Proposed new subsection (5) then says:

“The Secretary of State may publish guidance”.


It is spelled out and would be eminently capable of being applied.

[Baroness Pinnock (LD)]

My Lords, it is about “having regard to”. We have had that debate on other groups.

[Baroness Scott of Bybrook (Con)]

My Lords, I thought that everybody would be in favour of this. I begin by thanking my noble friend Lord Banner for tabling Amendment 166 and bringing this important issue before the House. The principle of proportionality deserves to stand alone in this debate, for it goes directly to the heart of the speed, efficiency and accuracy of our planning system.

As ever, my noble friend has presented the case with his customary clarity and intellectual weight; I thank him for that. He has shown that this principle is not only desirable, but essential. His amendment would embed proportionality firmly within the planning process, giving decision-makers, applicants, consultees and indeed the courts confidence that less can sometimes be more. It would allow for decision-making that is sharper in focus and public participation that is clearer and more effective.

I accept that this is a technically complicated clause, but it is also a vital one. At its core, it states that the information and evidence required to determine any planning application should be proportionate to the real issues at stake, taking into account decisions already made at the plan-making stage and recognising where issues could be dealt with later, whether through planning conditions, obligations or other forms of regulation. It is important to be clear about what this amendment would not do. It would not dilute or weaken the responsibility of local planning authorities to justify their decisions, particularly when refusing or withholding planning permission. Rather, it would ensure that planning does not become mired in an endless accumulation of unnecessary reports, assessments and duplications that add little value but cause delay and frustration.

That is why this apparently technical definition is in fact deeply needed reform. It would be a practical safeguard against a system that too often risks becoming paralysed by its own complexity. If we are serious about unblocking progress and enabling the timely delivery of new homes—1.5 million in the next three and a half or four years—and, with them, the wider infrastructure and investment our communities require, principles such as this must be at the heart of a modern planning system. The Government would do well to accept this amendment. In doing so, they would signal that they are not just merely managing a process but are serious about reforming it, serious about tackling the barriers that hold us back and serious about delivering the homes and the growth that this country so urgently needs.

--- Later in debate ---

[Lord Gascoigne (Con)]

My Lords, if my noble friend Lord Banner is doing reverse declarations, I should probably just check; I think I have made them at this stage, but just in case, I declare that I am a director of Peers for the Planet, although I speak entirely independently of them on this and on all the amendments I have tabled to the Bill.

It is a pleasure to kick-start this group and speak to Amendment 170. I express my gratitude to my noble friend Lord Parkinson, who, sadly, is unable to speak to this amendment today but has assured me of his continued support despite his absence. I am grateful to all the other noble Lords who have spoken to me of late to support me on this and to the external organisations that have been in touch too.

The amendment has a series of parts to it. First, I will set out the context of why I feel something is necessary before talking through what the amendment seeks to do. The amendment relates to two aspects of planning law where a local authority receives funds through development. These are Section 106, which is part of the planning law that allows councils to negotiate money from developers in exchange for granting planning permission to offset the impact of new development and fund specific improvements in the area, while CIL, the community infrastructure levy, is a charge for infrastructure in the broader area.

For background, I first became interested in support of these forms of investment many moons ago when I worked in London City Hall alongside another noble friend who is sadly not with us, my noble friend Lord Udny-Lister. It was amazing to see, alongside many other developments across the capital, things that were being delivered through this funding. In particular, I was always struck by the work that was taking place in Vauxhall Nine Elms and the extension to the Northern line, and how that unlocked the wider development in that area.

I was blown away only recently when the Bill started when someone mentioned in passing that, last year, the Home Builders Federation did an analysis in which it calculated that around £8 billion-worth of unspent money is sitting in local authorities across England and Wales. I say that again: £8 billion. I know in today’s age of Monopoly money that may not mean much to some, but it certainly means a hell of a lot to me. Within that, there is money for affordable housing, which could unlock around 11,000 affordable homes, and an estimated £1 billion for highways and roads—I know we have elections next year; let us just dream of all those leaflets where we could have candidates pointing at the potholes being filled. There is £2 billion-worth to go towards schools and education and an estimated £850 million that could go towards recreation and play areas. In the same report, the HBF estimates that

“the total amount of unspent Section 106 contributions has more than doubled”

since the year before, suggesting a growing backlog of undelivered infrastructure. I think everyone would accept that obviously it takes time to deliver and build, but it is worth noting that

“around a quarter of the unspent contributions have been held for more than five years”,

and some councils

“admit to holding on to funds for more than 20 years”.

How did HBF get that information and is it easy for any of us to gather? It is not, and that is another part of the problem. There are, as I am sure the Minister will say, the infrastructure funding statements that each receiving authority has to publish annually. Much of the information is mandatory and some information is advisory, but it could be clearer and more transparent. The statistics that I have used earlier, where there is a breakdown, do not have to be sought through the FoI process, which is what the HBF had go through. The same goes for how long the funds have been held and why there has been a delay. In today’s data age, there is no reason why this information could not be readily accessible and available. 

Turning specifically to the proposed new clause in the amendment, noble Lords will see that it contains a number of parts tackling the challenges I have laid out. The first relates to transparency, and seeks to ensure that the data which is published through the infrastructure funding statement has even more information—information which the local authority will already have—setting out the purpose of the original funding, the amount which has been unspent and the reason for it not being spent. If there is readily accessible information, the public can see what is expected and not have to put in FoIs to understand why it is not happening.

This in itself can help the local authority deliver, but I want to explore what more can be done. The second part relates to delivery. If the government department deems that the local authority has not done enough to attempt to deliver this improvement, the Secretary of State would be able to require an authority to get on with the job, or at least make steps to deliver what has been agreed. I am pleased to see the noble Baroness, Lady Pinnock, nodding—I will come to her in a moment, but it is good that I have her support already. This in itself is not radical. It says only that the local authority should be doing what it said it would do. For the public, it would mean additional accountability.

Finally, the third part would require that, if the developer’s funds have not been spent during a previously agreed timeline, the local authority must contact the developer to ensure that it is possible to work together to deliver this service. I did contemplate, when I was drafting this, including another line in the amendment which would effectively mean that, if a local authority had failed to deliver the agreed improvement during the agreed timeline, the funds would be handed back to the developer, as I know has happened in some circumstances. I took it out in the end because, ultimately, I thought that it would be the local communities who would be losing out on the benefit and it would let the local authority off the hook. I hope that the noble Baroness, Lady Pinnock, would agree with that, given her Amendment 220.

I am pleased to see the noble Lord, Lord Best, and my good and noble friend Lord Lansley sat here. This was, I think, touched on two days ago, when we last convened on this Bill. As ever, my noble friend made the customarily brainy observation that, ultimately, this is a contract with the developer. Further, it is something that the National Audit Office looked at in only the last couple of months.

I want to be clear that I am moving this amendment not because I want us to debate the virtue or otherwise of such measures on development. I am not suggesting that we change how these charges are levied, or indeed whether they should be reduced or made higher. Most people would say that we need to be acutely aware of not making development so burdensome and costly that it happens even less than it already is. I am merely trying to find a better way to deliver what is in the existing law.

From every aspect, this seems to me to be an absolute no-brainer. For example, many developers say that they want something like this—they want people to know not just about the development that they have built but that they are contributing something to the community. Local people too want it; rather than the money sitting in a council—perhaps they do not even know about it—and gathering dust in someone else’s account, local people would actually benefit from it.

Some may think that this would put additional pressures on the local authority to deliver when it is, as we all know, facing many pressures. Obviously, we respect everyone who works in a local authority, from the leader down. I just need to look around the Chamber to know that we recognise on all our Front Benches the importance of local authorities. But these funds should be spent as they were intended. It cannot be right, to my mind, that up and down the land £8 billion pounds is sat there when it is meant to be for the people.

Without adequate information, it is not possible to ascertain why this money has not been spent in every location. In some cases, it has been made clear that it is for a multitude of reasons, but there should be an element of pressure on an authority to deliver. If it does not, it should be compelled to go back to the developer to explore what else is possible to make it happen. I am not suggesting that the developer should therefore contribute even more again. The authority should have secured enough to deliver in the first place. It may be that the agreement needs to be revised, or it could be that the development can deliver something in collaboration with the authority, or that the intended amenity is no longer required as previously intended. While that money is in limbo and not being spent, it is not delivering for the people who felt the impact of the original development in the first place.

I start from the position that growth and development are good. We need good-quality homes, more business and the economy to grow. I know some do, but I do not see growth as a bad thing. At the same time that we say that growth is good and we need it, we must say that need people to see the benefit. Yes, there will be more people buying things in shops and milling around, with more money going into the general pot.

Equally, people in those communities will have had some upheaval with the development that was there first. As a result, people may be concerned about the extra demands on local services and that their trains and roads may be busier. At Second Reading, everyone said that they broadly support growth and development. If the Government are serious about changing the public’s views on growth and development then giving communities better visibility of the benefits of that development is essential. Recent polling from Public First, published in the last few days, found that 55% of people generally support development in their area. Some of the reasons for that are that they want to see regeneration, jobs, investment, and more shops and amenities. But by far the biggest reason for people opposing development is concern about pressures on local infrastructure. That is what I am trying to fix.

This amendment is not political—it is certainly not party political. It would help the Government, as they would be able to demonstrate that growth is good and that they are on the side of the people. It would not be onerous because it would not put anything additional on to a developer. It would not stop development; in fact, I genuinely think that it would be good for development and would improve accountability and transparency. Because of that, I want it to be there for people, to deliver what they expect and deserve. I beg to move.

[Baroness Pinnock (LD)]

My Lords, Amendments 185K, 185L, 218 and 220 in my name follow on well from the amendments tabled by the noble Lord, Lord Gascoigne, which these Benches fully support. The noble Lord is absolutely right to highlight the importance of community benefits coming from development and ensuring that they are delivered. The amendments in my name would add to those that the noble Lord has just introduced.

Amendments 185K and 185L would insert new clauses after Clause 52 providing a duty to compel a complete local infrastructure. Amendment 185K seeks to make legally binding agreements associated with development consent orders or SDSs. Community benefits are the elements of a consent order that will be the last stage, almost inevitably, of implementation of a scheme. Without legal enforcement, it is possible for developers to significantly delay that implementation. Amendment 185K would empower local planning authorities to resist such moves and ensure that community benefits are fulfilled.

Amendment 185L would provide a further safeguard for local communities where a developer has signed a Section 106 agreement for the provision of a local amenity. If the amenity has not been built, the relevant local authority will have the power under this amendment to take over that responsibility but, crucially, will not be able to use that land for any other purpose, and neither will the developer. Those amendments relate to development consent orders and SDSs.

Amendments 218 and 220, although they have identical wording, relate to later parts of the Bill concerning compulsory purchase orders. Amendment 218 seeks to insert a new clause after Clause 106, relating to compulsory development orders. It would require the Secretary of State to conduct a comprehensive review of land value capture. This is a policy concept and a way of raising funds, where public authorities recover the unearned increase in land value, often created by public investment in infrastructure or planning permissions, then reinvest it in public services and projects. This ensures that the benefits of public development—I emphasise that it is public development—are shared with the community, rather than solely accruing to the private landowners. That seems fair to me.

--- Later in debate ---

[Lord Jamieson (Con)]

My Lords, we have already debated some complex topics in Committee and the issue of land value capture certainly continues in that vein.

[Baroness Pinnock (LD)]

Yes, it does.

[Lord Jamieson (Con)]

Yes—maybe we need a review of the Committee stage of this Bill.

I thank my noble friend Lord Gascoigne for his amendment and agree with the spirit of his proposals. Greater transparency is positive, and most good authorities would have that information readily available. I can say that, for my own council, I could phone up and get a spreadsheet of exactly how much each development has contributed in my ward.

As an ex-chairman of the LGA, I just want to say something in defence of councils and the fact that there is a considerable sum, so to speak, sitting on the balance books. As an ex-leader, I know how difficult it is to get these big projects over the line. Even a good secondary school can cost £25 million or £30 million; you will be reliant on four or five different Section 106 payments for that, you will be waiting for grants, and you will have to get the land. These things can take three, four, five or six years. To go on to the topic of bypasses, that is an entirely different timescale. We should look not just at the quantum of money but at how difficult it is to pull these sums together and get things going.

I come to the amendments from the noble Baroness, Lady Pinnock, where I think that review might even address some of these timescale issues. The noble Baroness has raised a number of important issues, particularly around the delivery of infrastructure promised through development agreements, the use and protection of land set aside for community purposes and the broader question of how the public might benefit when land values increase sharply. I hope that the Government will reflect seriously on the principles raised and, in that spirit, I want to put a few questions to the Minister, which I hope she might be able to respond to today; if not, perhaps she could come back at a later time.

First, what assessment have the Government made of the effectiveness of existing mechanisms, principally Section 106 agreements and the community infrastructure levy, in ensuring that local communities receive the schools, highways, GP surgeries and other facilities promised? Too often, we hear of permissions granted on the basis that there will be improved infrastructure and then, over time, it is slowly whittled away and we find new housing without that infrastructure and communities having to cope with more traffic on the roads, more crowded GP surgeries, schools with portakabins and so forth. If residents see new developments going up without the infrastructure that they were promised, they will lose confidence in the planning system and will therefore fight every single development, which some of us do find. We need reforms that get trust back in the system.

Secondly, does the Minister agree that there is a risk that infrastructure commitments can in practice be watered down or renegotiated, leaving communities without these services?

Thirdly, on land value capture more broadly, does the Minister believe that the current system allows sufficient benefit from rising land values to be shared with the wider public, or does she see scope for reform, as envisaged in Amendment 218?

Fourthly, will the Government commit to reviewing international examples of land value capture—for instance, models used in parts of Europe or Asia—to see whether there are lessons that might be drawn for a UK context?

Finally, how do the Government intend to balance the need to secure fair contributions for infrastructure and community benefit while ensuring that development remains viable and attractive to investors? I appreciate that these are difficult issues, but it is important that we resolve them.

Moving on, Amendment 148 in the name of the noble Baroness, Lady Thornhill, raises a really important issue. We have a housing crisis and we need to look at all solutions that may resolve it. I commend her for once again placing the needs of young people at the centre of our deliberations. The question before us is a delicate but important one. It concerns whether planning authorities should be permitted to approve high-quality transitional accommodation for young people leaving supported housing or at the risk of homelessness in circumstances where our national space standards would otherwise disallow such provision. The case for doing so is strong. The housing crisis is not abstract; it is a real matter facing the young of today. Too many of them find themselves renting late into life, sofa surfing or returning to the parental home, not through choice but because there are no realistic alternatives. At precisely the stage in life when young people should be gaining independence, putting down roots, building families and contributing to the wider economy, instead they face barriers at every turn.

We are all familiar with the macroeconomic challenges of house prices that have outpaced wages, a lack of genuinely affordable starter homes and, in certain parts of the country, rents which are, frankly, extortionate. That is why the noble Baroness is right to highlight the importance of stepping-stone accommodation, a flexible transitional model that can bridge the gap between institutional supported housing and permanent independence.

But, as ever in this House, we must balance principle with practice. I support wholeheartedly the spirit of the amendment, but I sound a note of caution. Our space standards were developed for a good reason. They exist to prevent the return of poor-quality housing, of rabbit-hutch flats, of homes that compromise health, dignity and long-term liveability. If we are to disapply such standards in certain cases, we must do so with clear safeguards in place. So, I urge that, if this amendment is taken forward, it is accompanied by precise definitions, strict planning guidance and a rigorous framework, to ensure that genuine transitional high-quality schemes can benefit from the flexibilities proposed.

Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025

Baroness Pinnock Excerpts

Wednesday 10th September 2025 Grand Committee

[Baroness Whitaker (Lab)]

My Lords, these are excellent regulations, sorely needed, and I commend our Government for bringing them forward. There is one problem that concerns me. They do not cover all social renters and, therefore, there is an element of discrimination. I should declare an interest as an officeholder in various Gypsy and Traveller organisations, so my noble friend the Minister will not be surprised at what I am about to say. Indeed, I asked her a Question about this very thing because Gypsies and Travellers are not covered. Although they rent their houses from social landlords, their houses are, in fact, caravans—permanent caravans—and they have amenity blocks on the sites for the use of water.

The problem is that the law does not correspond to reality. So, as I said, Gypsies and Travellers have their homes rented from social landlords on caravan sites with amenity blocks for the use of water. But my noble friend answered on 14 July:

“As caravans are not buildings according to the definitions set out in the Landlord and Tenant Act 1985 or the Housing Act 2004, it is the government’s position that Awaab’s Law will not extend to Gypsies and Travellers living permanently in caravans on sites with amenity blocks that are rented from social landlords”.


Usually, local authority-owned sites may be reasonably maintained. The problem there is that there are simply not enough of them. In other social landlords’ sites, the standards are simply so low as to affect health, safety and well-being.

There are different ways of framing laws so that they relate to what actually is the case. I submit that that is what the law ought to be doing. I think it is our job here in your Lordships’ House to ensure that laws fit the circumstances and values that now obtain, rather than outmoded concepts. To continue to let the law express these outmoded and unjust ideas would amount, I think, to a dereliction of our task. So I hope my noble friend can come up with some way to include these citizens who have fewer rights than other citizens.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for bringing forward these important regulations in Grand Committee. The first concern I have is that the tragic death of Awaab occurred at the end of 2020. It then took nearly three years for the law in his name to be passed, and another two years to introduce the regulations that put the Act into effect. I get dismayed sometimes at the length of time it takes to make changes when the initial reaction is that this is a situation that requires urgent emergency attention.

I am not pointing the finger of blame at anybody; sometimes it is everybody’s and nobody’s responsibility. But if the Minister could explain why it has taken so long, it would help me to understand why we are just getting the regulations now, two years on. But I am pleased that they will be enacted next month, as I think she said.

One of the concerns I have about the regulations is the tenant’s recourse when action is not taken. They complain and say, “You’ve got to get something done”, but nothing gets done. In my experience as a councillor dealing with lots of social housing, the issue is often that tenants for whom English is perhaps not their main language, or who have moved around a lot and do not know the ins and outs of how things should work, miss out when it comes to issues such as this. Which is, of course, what happened in the tragic incident with Awaab in the first place—talking but not being heard. Again, I wonder whether the Minister could just try to close that circle for me and say that there will be somebody who will say, “If you make a complaint, we’re going to make sure something happens”.

The last point I make about these regulations is that they have come about because either current or former local authority housing—the better-quality housing—has gone under right to buy. Consequently, when councils are fulfilling their duty to house homeless families, often what is left is poor-quality housing. There is an awful circle of deprivation that we cannot seem to break out of—I know that this is an attempt to do so—where homeless families go into the poorest quality housing. Often, they are families who will have to move again and again, where English is not their first language, or they may have learning difficulties. When they try to complain, nobody listens, because they do not have the clout that others have. And so it goes on. I know that this is an attempt to break that cycle; we just need to do a bit more. But I am pleased it is coming.

I turn to the second SI, on electrical safety. Of course, it was a faulty fridge that caused the fire in Grenfell Tower. That is not covered by this, but I hope that, as with statutory gas inspections of social housing, this will encourage tenants to understand that electrical safety is as important as gas safety—that it will raise understanding a bit if they get a knock on the door to check whether the electrical equipment put in by their landlord is safe. It is interesting, if I am right, that private landlords have to test other electrical equipment in their homes; PAT testing of major electrical items seems to happen.

With those comments, I think these are two good sets of regulations, but I worry about the timeliness.

Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Lord Fuller (Con)]

I had not realised what the noble Lord was going to say from the Dispatch Box, but I wish to support his Amendments 135HZG and 135HZH What he could have said—but did not—was that there is almost an interaction with the previous group, in that sometimes there is a perverse incentive to add delay to a process to run down the clock. However, in this case, the noble Lord could have said that, as a result of those delays, a whole series of new studies would need to be remade. For instance, ecology studies may last for only two or three years so may be triggered once more, and they in turn can only be created at certain times of the year—in the spring, for example. The combination effect, in respect not just of the previous group but of this group, means that the delays could be even longer, so I strongly support the noble Lord. Finality and certainty are important, and I support him not only for the reasons he gives but for the avoidance of interference with the previous set of amendments.

[Baroness Pinnock (LD)]

My Lords, my noble friend Lord Teverson has raised an important aspect of the planning process in his amendment on planning enforcement. Planning enforcement can be a neglected part of the planning system, partly because it is not a statutory function but a discretionary one, and as such is not necessarily funded to the extent that it ought to be. Effective enforcement is vital in the planning process so that everyone—the developer, the council and local people—can have trust that what has been agreed will be fulfilled.

I will give noble Lords one example from my role as a councillor, when I was contacted about a housing development which is adjacent to a motorway. A resident raised the concern that the developers were not adhering to the agreed siting of units. Planning enforcement went on site to investigate and discovered that the construction was undermining the motorway banking, which would have had catastrophic consequences if it had continued. A stop notice was issued and the matter resolved; I should say that this was a major housing developer.

Enforcement is key for the integrity of the planning system, for the conditions that are applied to a planning application when it is given consent and for residents who have asked questions about its impact. It is therefore key to retaining the trust of residents, as my noble friend has said, and so that democratic decision-making can be relied on to check that planning conditions are properly fulfilled. That requires adequate funding. I would like to hear from the Minister whether the Government are of a mind to make a move from a discretionary function to a statutory one, which would then be adequately funded for the very important role that planning enforcement plays.

[Lord Wilson of Sedgefield (Lab)]

I thank the noble Lords, Lord Teverson, Lord Lucas and Lord Jamieson, and the noble Baroness, Lady Scott, for their amendments. I turn first to Amendment 131, which would place a duty on local planning authorities to take enforcement action in relation to certain breaches of planning control and introduce a system of penalty payments.

The Government recognise the frustration that many people feel when they see development carried out without planning permission. We understand therefore that effective enforcement is vital in maintaining public trust and confidence in the planning system.

While I can appreciate the sentiment behind this amendment, it represents a fundamental change to the enforcement system and it is not something which could be introduced without very careful and detailed consideration, including consultation with interested parties. Furthermore, I believe that the current approach to enforcement represents the right balance. It gives local planning authorities discretion about when and how they use their enforcement powers. This flexibility is important, as local planning authorities are best placed to consider the circumstances of each case and reach a balanced and informed decision. While, as I have said, I think the current approach is the right one, I assure the Committee that we will keep the operation of the enforcement system under review.

Grenfell Tower: Bureau Veritas

Baroness Pinnock Excerpts

Tuesday 9th September 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord, Lord Young. Over eight years on from the Grenfell tragedy, there is no justification for any building to remain unsafe. Our goal is clear: to remove all barriers to remediation, get buildings fixed faster and allow residents to feel safe in their homes. That is why in December last year we launched the Remediation Acceleration Plan, a comprehensive strategy to fix buildings faster, identify those still at risk and support affected residents. In July this year we published an update to this plan, introducing further measures to remove the barriers, strengthen accountability and expedite remediation. At present, 57% of all 18 metre-plus buildings identified with unsafe cladding have started or completed remediation, and for 18 metre-plus buildings with the ACM cladding, such as that in Grenfell, 97% of the identified buildings have started. We need to move quickly on this one to make sure that people are safe in their homes and feel safe.

[Baroness Pinnock (LD)]

My Lords, prosecutions of those whose decisions led to the 72 deaths at Grenfell Tower—eight years ago, as we have heard—are not expected until 2027. Does the Minister agree that justice delayed is justice denied? Can she confirm that prosecutions will begin in 2027, and can any remedies be implemented now to help those still at the financial mercy of insurance companies?

[Baroness Taylor of Stevenage (Lab)]

The police have said that this will take time. I know that all those who are victims and survivors will want this to move forward as quickly as possible—I completely understand their concern about that. This is one of the largest and most legally complex investigations ever conducted by the Metropolitan Police, with 180 officers and staff dedicated to the investigation. Those responsible absolutely must be held to account, and we fully support the police in this important work. That is why Ministers have agreed to provide up to £9.3 million to support the Met with additional costs of the criminal investigation in this year. We want this to move as quickly as possible, but it is very important that the investigation is conducted thoroughly and properly.

Planning and Infrastructure Bill

Baroness Pinnock Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

Moved by

[Baroness Pinnock]

120: After Clause 51, insert the following new Clause—
“Register of planning applications from political donors(1) A local planning authority must maintain and publish a register of planning applications in its area where—(a) a determination has been made by the Secretary of State responsible for housing and planning, and(b) the applicant has made a donation to the Secretary of State responsible for housing and planning within the period of ten years prior to the application being made.(2) A register maintained under this section must be published at least once each year.”Member's explanatory statement
This new clause would require a local planning authority to keep and publish a register of applications decided by the Secretary of State where that Secretary of State has received a donation from the applicant.

[Baroness Pinnock (LD)]

My Lords, I too will miss the noble Lord, Lord Khan, on the Government Front Bench. He always managed to respond to any questions I had with a smile. I even forgave him for living in Lancashire. We wish him well from these Benches and I hope the Minister will pass those messages on for us. We look forward to the noble Lord, Lord Wilson, also responding with a smile.

Amendment 120 in my name seeks to ensure transparency in decision-making in the planning process. The integrity of the process is vital. From my own experience, I know that objectors to a planning application can readily feel that, if they do not get their way, it is because shady deals have been done. Transparency helps to cure any such allegations.

Unfortunately, there is a recent example of a senior national politician who became far too closely involved with a developer and made hasty decisions based on pressure from the developer regarding funding and costs. The example that I have in mind is that, in 2020, the Housing Secretary, at that time Robert Jenrick MP, accepted that he approved a £1 billion housing development in the east of London unlawfully. The 1,500-home development on the Isle of Dogs was approved on 14 January, the day before the community infrastructure levy charges placed on the developments were increased. The timing of the decision

“meant Conservative Party donor Richard Desmond avoided paying around £40m”.

Mr Jenrick eventually accepted that his decision was indeed unlawful after the Government’s own planning inspector

“advised against the scheme saying it needed to deliver more affordable housing in what is London’s poorest borough”.

The inspector described the 44-storey high buildings as harming the character of the area, but, despite the clear direction from the planning inspector,

“Mr Jenrick rejected that advice and approved planning permission for the project”.


Obviously, planning permission was later rescinded following the legal challenge made by the local council. I have quoted largely from the BBC report of that event.

It is clear from this example alone that safeguards are needed. Amendment 120 in my name and that of the noble Baroness, Lady Bennett, would require local planning authorities to maintain and publish a register of planning applications where the applicant has donated to the relevant Secretary of State within the preceding 10 years. This proposal aims to increase transparency regarding potential conflicts of interest in the planning process.

The amendment will mandate local planning authorities to create and publish a public register. The register will list planning applications that have been determined by the Secretary of State for Housing and Planning—or whatever the name is at any point—and the applications included would be those from applicants who have made donations to that Secretary of State within the past 10 years. That is not much of an ask, but it is yet another safeguard in the planning process. Whenever applications reach the Secretary of State, it means that they are very controversial and have been called in following referral to the planning inspector.

The planning system absolutely depends on public trust if people are to believe that the process is a fair one. Given that, I look forward to the Minister welcoming greater transparency and a very simple process to throw light on some of these more controversial decisions. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Pinnock, and to commend the noble Baroness for introducing a practical, sensible and necessary amendment to the Bill. Before I get to that, I want to join the chorus and give my very sincere thanks to the noble Lord, Lord Khan, who, like others, we in the Green group have found was very approachable and extremely hard-working, and he will certainly be very much missed—I want to put that on the record.

This amendment aims to ensure that a planning authority maintains a register of applications in its area where the Secretary of State has made a determination over it and where a political donation has been associated with it. As the noble Baroness, Lady Pinnock, said, this might be called the Jenrick amendment. I will just leave that there—I will not go back over that ground.

I will make a very serious point. The noble Baroness, Lady Pinnock, spoke about this as safeguarding the planning process. I think this is about something more important and central than that. This is about safe- guarding, or at least making a step towards restoring, trust in the political process. That is far more important and crucial. I do not think there is anyone in this Chamber who would disagree that we have a huge problem with trust in politics.

--- Later in debate ---

[Lord Wilson of Sedgefield (Lab)]

On this particular issue, they do take training, and it is deemed at the moment to be necessary, but obviously all this stuff is kept under review.

[Baroness Pinnock (LD)]

My Lords, I thank all—well, nearly all—who have taken part in this short debate that has raised the issue of how important transparency and trust are in the planning process. It is important for the reason the noble Lord, Lord Carlile, gave, which is that often considerable sums of money are involved in planning applications; and the noble Baroness, Lady Bennett, raised the point that if you do not have a transparent process, social media certainly takes over, and then it is really difficult to ensure that the truth is out because you have no evidence to support it.

All I am going to say to the noble Lord, Lord Fuller, is that methinks he doth protest too much. I thank the noble Baroness, Lady Scott, for her support and her suggestion that maybe this could be incorporated into the overview of the government department, whatever we call it these days.

Finally, the Minister in his reply said that it is okay because we take care of all this stuff already and it is already recorded. All I can say is that, in the case that I gave recounted, it took a legal challenge by Tower Hamlets Council to overturn that decision when it was declared unlawful, which drew me to think about ways of getting greater transparency into the process. I would like us to think again about that and maybe take up the idea of the noble Baroness, Lady Scott, of somehow including it in a government process if it were not possible to do it at local government level. With those comments, I beg leave to withdraw the amendment.

Amendment 120 withdrawn.

--- Later in debate ---

[Baroness Grey-Thompson (CB)]

My Lords, I declare an interest as president of the LGA and chair of Sport Wales. While recognising the devolved nature of planning, it would be remiss of me not to mention that the social return on investment for physical activity and sport in Wales is £5.98 billion a year.

The noble Baroness, Lady Bennett of Manor Castle, raised the Well-being of Future Generations Act. It is an incredibly important lens through which to make decisions on things like sport and physical activity.

We have a chance with these amendments to really cement opportunities to be active in our communities. We do not get the chance to talk about sport that much in the Chamber. We are in the middle of an exciting moment in women’s sport this summer. We have had the Women’s Open in Porthcawl, the Euros, and the Women’s Rugby World Cup, but sport is a small part of activity, which we really need to concentrate on.

All the people who played in these amazing tournaments started somewhere, but to be good at sport—and the nation is generally supportive of our sportspeople—we need to have lots of people being physically active. To be physically active, you need access to play, but you also need a place to do it.

I thank the all-party parliamentary group on sport, which met this afternoon. We had representatives from the Sport and Recreation Alliance, and from cricket, tennis, Sport England and the FA, who talked about what we are already missing. On current demand, we already need 12,000 extra grass pitches, let alone after this summer of sport, when we will hopefully get thousands more young women who want to play sport.

We are a nation that loves sport, but we are also a nation that needs to be more active. I happened to be chair of ukactive when it produced a number of reports, the first of which was called Generation Inactive; there was also Turning the tide of physical activity. They highlighted the challenges that need addressing. We have a generation of young people who are more likely to die before their parents because of inactivity. People are hitting frailty in their 40s and living with that for decades. This is both costly for society and bad for the individuals, because it excludes them from society. Around one in eight children in England between the ages of two and 10 is obese, according to an NHS survey published in September 2024.

Approximately 39% of all sports facilities in England, including sports halls, studios and pitches, are located behind school gates and often remain inaccessible outside school hours. There is a need to open them, and we cannot afford to lose any more than we currently have.

I was delighted that my noble friend—in sport— Lord Moynihan talked about swimming pools. We have seen through Covid the challenges of keeping them open. Again, this is not sport for sport’s sake. The Royal Life Saving Society estimates that 328 UK and Irish citizens lose their lives to accidental drowning each year, so keeping swimming pools open is incredibly important. If we do not protect these facilities, we are dooming another generation to a lack of opportunity. It is going to have an increasingly negative impact on their health.

Looking back to the summer of sport, we are seeing amazing players like Georgia Evans in rugby and Alessia Russo in football. They provide a moment of inspiration, but we have to do more than that. We have to provide the right facilities, whether you want to make the elite pathway or just not be very good at sport. We should channel Wales’s Well-being of Future Generations Act and look at the legacy we are leaving the boys and girls who follow, who desperately need somewhere to play.

[Baroness Pinnock (LD)]

My Lords, this is the second of two debates we have had this afternoon on the link between health and well-being on the one hand, and planning laws on the other. The second one, relating to the link between creating healthy homes and sport, is fundamental to creating healthy communities.

As a councillor who represents an area where healthy living beyond the age of 60 is at one of the lowest levels in the country, I support totally all the amendments in this group, including the amendment of the noble Lord, Lord Crisp. He pursued it during consideration of the levelling-up Bill, but unfortunately it was mostly resisted by the then Government. The noble Lord, Lord Moynihan, has clearly made the point about access to areas of play.

I will, at this point, mention one example. One of the most deprived towns in this country, Dewsbury, has had its swimming pool and leisure centre closed and it is not going to be replaced. When that occurs, you know we are in trouble as a country. I urge the Minister to respond positively, as she did to earlier amendments, to all the amendments in this group as they will make a difference now and in future.

Planning Delivery: Acceleration

Baroness Pinnock Excerpts

Monday 8th September 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

On the delivery of previous Housing Secretaries, it did not help having 17 different Housing Ministers over the last 14 years. We want to get moving on this. I was very pleased to welcome our new Secretary of State this morning, and I know that Secretary of State Reed is just as keen as the rest of us to get delivering on this. I am very pleased that there were over 90,000 planning applications in the first quarter of 2025; that is up 6%. We are, as the noble Baroness will know, debating all the amendments in the Planning and Infrastructure Bill in some depth, as we did last week, and I am sure we will continue to do so.

[Baroness Pinnock (LD)]

My Lords, the ONS reported that, of the 2.7 million homes that were given planning consent since 2015, only 1.7 million have actually been built, which means that 1.2 million are still on the books of the big housebuilders. This points to serious systemic issues, such as land banking, yet the current focus is only on the planning system. Does the noble Baroness agree that just changing the planning system will fail to resolve the urgent need to build more homes?

[Baroness Taylor of Stevenage (Lab)]

I say to the noble Baroness that changing the planning system is a key part of it, but it is not the only part of the jigsaw. We need to improve the skills capacity in both planning and construction. We also need to unblock some of the sites she mentioned that are currently blocked in planning. Our new homes accelerator, working with the department and Homes England, has unlocked significant numbers of homes already. We have unblocked over 63,000 homes so far, including a further 43,000 homes over the last four months. On 5 August, we announced another six sites that the accelerator has identified for targeted support. We are also helping local government, so that it is able to insist that planning applications are built out, once they are applied for and got.