Levelling-up and Regeneration Bill

Baroness Sheehan Excerpts

Report stage
Monday 4th September 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise very briefly to offer the strongest possible Green support for all these amendments, which really fit into the intersection of Green policies on public health, climate and poverty eradication. I will make just three brief points.

First, on solar panels on a suitable new homes and buildings, I thank the noble Baroness, Lady Hayman, for pursuing this for so long. If I look on Twitter, the question I am asked most often is, “Why do new homes not have solar panels?” It seems such a no-brainer to the public, and they cannot understand why. Of course, the answer to that goes back to 2013 when David Cameron had gone from “hug a husky” to referring to “green crap”. The plan to bring in this effective regulation was abandoned a decade ago. This means that more than 2 million British households are now paying vastly more for their energy than they need to be paying, while also emitting more carbon than they need to be emitting.

Secondly, the noble Lord, Lord Hunt, and others have been extremely powerful on the parlous state of public health and the relationship that has to housing. It is interesting that if we go back to the start of the NHS in 1948, Aneurin Bevan was Minister for both the NHS and housing. Those two things were seen as intimately interrelated. Somehow or other, we seem to have lost the plot with this. To quote some figures from the Building Research Establishment, it is estimated that poor housing costs the NHS £1.4 billion a year—money that could be saved.

Thirdly and finally, I acknowledge the comments made by the noble Lord, Lord Best, about his awakening to the issue of embodied carbon. This is something that has been largely ignored. There has been the shallow approach of “That’s a terrible building. We’ll knock it down and build something better”. I have just come from a conference in Zagreb—an international conference with a lot of European speakers. I was hearing of so many amazing projects that are happening across Europe and looking at how we can build in innovative new ways while using existing materials.

I shall quote just one example of this. If a building needs to be knocked down, how can we reuse those materials, rather than just throwing them away? In Copenhagen, there is something called Resource Rows: housing has been built largely with slabs of bricks cut from existing buildings that had to be demolished. Those slabs are cut out and put into the walls of the new buildings. They have recycled materials. The timber is coming from where they have put a new Metro extension in. The timber frames that went around the concrete pieces for the Metro then go into building housing right beside it. They have greenhouses for growing vegetables on site, made from old windows. This is the kind of innovation that is happening elsewhere because they have the regulations that demand it. We are lacking those regulations; we are lacking this guidance from the Government. Just look at what we are building now.

[Baroness Sheehan (LD)]

I refer noble Lords to my interests as laid out in the register and as a director of Peers for the Planet. In the interests of time, I will address just two amendments in this group, but that is not to detract from my strong support for the remaining amendments.

First, Amendment 282H, in the name of the noble Baroness, Lady Hayman, which has support from across your Lordships’ House and to which I have added my name, simply calls for the Government to require all new domestic, public and commercial buildings to be fitted with solar PV and will include existing public and commercial buildings, subject to appropriate exemptions and criteria. Frankly, I do not understand the Government’s opposition to this very sensible measure. I spent four consecutive years on the planning committee while I was a councillor for Kew ward in the London Borough of Richmond. My experience there taught me absolutely to recognise that progress on this issue will be vastly expedited if the decision is not left to construction companies whose sole concern, at least for the majority, is profit.

The Government’s argument is that it is happening anyway. That fails to demonstrate that they take the need for urgent action on climate change seriously. Anyway, where is the evidence that it is happening already at effective rate? Is the figure for new-build solar PV 10%, 5% or 50%? What is the Government’s policy on this? Can the Minister tell me? Who keeps account of these figures? Surely the Government’s policy must be 100% solar PV on all new buildings and, if not, why not?

Levelling-up and Regeneration Bill

Baroness Sheehan Excerpts

Committee stage
Monday 22nd May 2023 Lords Chamber

[Lord Lucas (Con)]

My Lords, I very much support the amendment in the name of the noble Baroness, Lady Hayman. My amendment is directed at commercial premises. When I stand on the top of the Downs above Eastbourne and look down, I see several hundred acres of white commercial roofs and associated car parks, and there is, I think, one building in that lot which has solar panels on. The reasons for this are entirely structural; they are to do with the difficulties of negotiating between the people using the building, the people who own it and the people who want to handle the electricity that is generated.

I supported the carrot in the Energy Bill—the local energy proposals—to try to get things going and give people a decent price for the energy they are generating. However, we cannot leave commercial spaces untouched if we are to take solar seriously. It is ridiculous to cover farmland with solar panels when industrial roofs and car parks are going uncovered. A carrot having been proposed in the Energy Bill, this is my proposal for a stick. This is something to enable local authorities to get things moving, and to give local landlords and building occupiers a real incentive to come on board a scheme.

After all, these premises are the places where electricity is used in the middle of a sunny day, so they ought to have solar panels to supply directly the energy they need for freezers, charging visiting cars or whatever else. They are the big energy users in the middle of the day, and they ought to have solar panels, and we ought to be pushing that.

[Baroness Sheehan (LD)]

My Lords, I should declare my interest as a director of Peers for the Planet. I shall address the two amendments in my name. I strongly support the amendments in the name of the noble Baroness, Lady Hayman, and the noble Lord, Lord Lucas, but, in the interests of time, I shall limit my remarks on them.

Residential and commercial buildings together contribute about 25% of the UK’s greenhouse gas emissions, and figures from the Climate Change Committee tell us that the UK has more than 2.5 million homes and another 1.9 million other buildings—offices, hospitals, shops, et cetera. The majority of those are heated by gas boilers, which also provide hot water, and the bulk of the rest use petroleum.

The Climate Change Committee also tells us that we cannot reach net zero if we continue to use gas for heat, so changing how we heat our homes and buildings is essential to reach net zero. Ending our reliance on gas can also help to reduce the cost of living through lower energy bills—something that should give us all pause for thought during debates on the Levelling-up and Regeneration Bill, and I know it has already been mentioned by several speakers. When we add to that the estimated quarter of a million extra jobs that will be needed, relevance to the Levelling-up and Regeneration Bill just increases.

The Government should be given credit for introducing the future homes standard, which aims to ensure that new homes built before 2025 will produce 75% to 80% less carbon emissions than homes built under the current building regulations. The heat and buildings strategy states that from 2025 gas boilers will be banned from all new buildings and from 2035 boilers will start to be phased out from existing buildings. As far as we know, that is still the Government’s plan.

The question then is: what will replace gas boilers? My Amendments 504GJK and 504GJL are asking the Government to apply a bit of scientific rigour to answer that question and to be guided by objective evidence as we take these momentous decisions on major changes to our infrastructure that will be with us for the next several generations.

The facts are that there are plans for a hydrogen village pilot. There has already been a heat pump pilot, albeit nearly all air source, which is different and has been shown to be 40% less energy efficient than ground source heat pumps. There have also been various central plant district heating demonstrator projects. That is all excellent, and to be applauded, but there is no plan to pilot networked ground source heat pumps, and that is a gaping gap. A demonstrator pilot is sorely needed, because although networked heat pumps have plenty in common with individual heat pumps and with district heating, and often get lumped in with one or the other, the reality is that networked heat pumps is a very different approach and need to be assessed and evaluated on its own merits.

What is it? A ground source heat pump—which I shall refer to as a GSHP—network works by installing shared network pipework containing water for multiple homes to connect to, as opposed to each home needing the space for its individual ground source heat pump. The under-street network absorbs heat from the ground at a near constant year-round 10 degrees centigrade, and applies it to each home’s heat pump, where it is condensed and increased to the heat required for space heating and hot water. It is worth noting here that in most homes, the heat pump unit will be smaller than a gas boiler.

In a GSHP network, the infrastructure is owned and paid for by a third party, with each home paying an annual fixed network fee. The best way to think about a GSHP network is that the infrastructure reflects the gas grids we currently have, which are owned by utilities, and we would in the same way pay to connect to a heat network. Ground source heat pump networks have the potential to reach parts that other heating solutions cannot.

--- Later in debate ---

[Earl Howe (Con)]

My Lords, Amendment 478 in the name of the noble Baroness, Lady Hayman, would require new homes and buildings in England to have solar panels as of April 2025. I acknowledge straight away that the spirit of this amendment is unimpeachable. Renewable energy, such as that generated from solar panels, is a key part of our strategy to get to net zero.

We should be aiming to see new homes and buildings built in a way that contributes to the net-zero agenda. The difference between the Government and the noble Baroness, in working towards that aim, is one of approach. I am sure she will recall that the Government introduced an uplift in energy-efficiency standards, which came into force in June 2022. The purpose of the uplift is to deliver a meaningful reduction in carbon emissions. Critically, though, it also provides a stepping stone to the future homes and buildings standards, which we are aiming to legislate for next year and which would come into force in 2025.

It is important to understand that our approach to achieving higher energy-efficiency standards has remained consistent—that is to say technology neutral—to provide developers with the flexibility to innovate and choose the most appropriate and cost-effective solutions for their sites. Some buildings may not be suitable for solar panels—for instance, homes that are heavily shaded due to nearby buildings or trees, or where the roof size or shape does not lend itself to solar panels. We fully expect, however, that to comply with the uplift, most developers will choose to install solar panels on new homes and buildings or use other low-carbon technology such as a heat pump. Introducing an amendment to mandate solar panels would therefore be largely redundant. I hope that is helpful in explaining why we do not think that this amendment is the right way to go.

I turn to Amendment 504GJE in the name of my noble friend Lord Lucas. This looks to allow local planning authorities to request the installation of solar panels on roofs of commercial buildings and adjoining spaces in a designated area. I am sure that we can agree that decarbonising our energy supply is one of the greatest challenges of our generation. I am not, however, convinced that giving local planning authorities powers effectively to require commercial property landowners and tenants to fit solar panels to their existing buildings and facilities is the best way to achieve this. Not all commercial landowners or tenants will be in the position to take action.

Instead, we should focus on empowering those who have the means to do so by ensuring that planning and building regulations are not a barrier. That is why we have policies in the National Planning Policy Framework, as well as permitted development rights and building standards, that support the rollout of renewable energy, including installing solar panels. The National Planning Policy Framework is clear that local planning authorities should have a positive strategy in place to promote energy from renewable and low-carbon sources, such as solar panels. The NPPF is also clear that when determining planning applications for renewable and low carbon development, local planning authorities should approve the application if its impacts are, or can be made, acceptable. This can include the installation of solar panels.

To help facilitate the take-up of renewable energy, permitted development rights allow for the installation of rooftop solar and stand-alone ground-mounted solar in the grounds of domestic and non-domestic buildings. The Government have recently consulted on changes to the permitted development rights for solar equipment to support the solar energy objectives set out in the British energy security strategy. The consultation included proposals to amend the existing permitted development right for the installation of rooftop solar on commercial buildings and introduce a new permitted development right for solar canopies on non-domestic car parks, such as supermarkets and retail parks. The department is now considering the responses and further details will be announced in due course.

It is also worth my reverting to the point I made in response to Amendment 478. The energy efficiency changes to the building regulations that the Government recently implemented, and which came into force in June 2022, will mean that to comply with these new standards many, if not most, developers will choose to install solar panels on new commercial buildings. So, again, while I have some overall sympathy with my noble friend in bringing forward his amendment, given all that I have laid out I hope he will understand why the Government do not feel able to support it.

I listened with much interest to the contribution of the noble Baroness, Lady Sheehan. Her Amendment 504GJK proposes to create a new pilot scheme to retrofit an existing town, powered by renewable energy and heated by a ground source heat network. I am happy to bring the Committee up to date on where we are with this area of policy more generally.

The Government’s general approach to the transition to clean heat is to follow natural replacement cycles, working with the grain of markets and consumer behaviour to minimise costs and disruption and avoid early appliance scrappage. On heat network zoning specifically, the Energy White Paper, heat and buildings strategy and net zero strategy committed us to introduce heat network zoning in England by 2025. It is a key policy solution to help reach the scale of expansion of heat networks required to meet net zero.

The zoning policy will be delivered via powers in the Energy Bill to make regulations, including in relation to the development of a nationwide methodology for identifying and designating areas as heat network zones. The objective of the methodology will be to determine where heat networks are lower cost than low-carbon alternatives in an area. Incidentally, to answer a point made by the noble Baroness, Lady Sheehan, there is a difference between heat network zoning and converting an area to hydrogen heating. Unlike technologies such as community renewables and heat networks, using 100% hydrogen for heating is not yet an established technology.

Given the existing work under way and the Government’s general approach to the transition to clean heat, we do not believe the proposal for a pilot will deliver additional value.

Similarly, Amendment 504GJL proposes to create a pilot scheme to construct a new town powered by renewable energy and heated by a ground source heat network. I am afraid the Government do not believe that this proposal will deliver benefits additional to those already in prospect. From 2025, the future homes standard will ensure that all new homes are net-zero ready, meaning that they will become zero carbon when the electricity grid decarbonises without the need for any retrofit work. So, although the Government cannot support these last two amendments, I hope the noble Baroness, Lady Sheehan, will take some encouragement from the work and plans that are already under way.

[Baroness Sheehan (LD)]

I am not convinced that the heat network zoning that the Minister refers to is the same as the ground source heat pump networked grids that I am talking about. I wonder whether it would be worth having a further conversation outside of this Committee and whether the Minister would do me the courtesy of arranging that. I think this is an important point.

[Earl Howe (Con)]

My Lords, I would be very happy to arrange a meeting with the noble Baroness and appropriate officials to discuss the point that she has just made.

Levelling-up and Regeneration Bill

Baroness Sheehan Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, I declare my interest as a director of Peers for the Planet. The planet is facing potentially catastrophic challenges from climate change and damage to the ecology on which, ultimately, all life on earth depends. Carbon dioxide in the atmosphere is at unprecedented levels: 421 parts per million, as measured at the Mauna Loa observatory. These levels are more than 50% higher than pre-industrial levels and were last seen over 4 million years ago, when sea levels were between 5 and 25 metres higher than today—high enough to drown many of today’s largest modern cities.

It is a sobering thought that, even if we were to stop burning fossil fuels today, the impact of the carbon dioxide already in the atmosphere would continue to cause a rise in global temperatures. This is a stark reminder that we need to take urgent and serious steps to become a more climate-ready nation and work to create an economy with a workforce equipped to carry out high-quality green jobs to transform our infrastructure and protect our natural environment.

The Skidmore review, Mission Zero, published last week, makes reassuring reading, and I welcome it. Every one of its 129 recommendations is designed to maximise economic investment, opportunities and jobs across the UK, all while working towards achieving our legally binding net-zero targets by 2050. So the Government have an opportunity in the Bill to give that clear direction to investors, both public and private, across all sectors of the economy. Those opportunities must be of the highest quality, and they must be future- proofed to meet the twin challenges of our changing climate and nature depletion.

After all, this is a Bill in which the Government seek to embed processes that feed from central government to local government. It is a Bill in which the Government take greater powers for themselves, yet they do not once mention mitigation of, or adaptation to, climate change, or put in the Bill their wish to safeguard our natural capital. One glaring example is the environmental outcomes reports, EORs, which will replace the environmental impact assessments and the strategic environmental assessments—processes that are currently used to assess the impacts on nature and the climate of planning proposals. But the Bill does not include details of the EOR regime: that will be left for a later date, through secondary legislation, and will therefore of course be subject to lesser parliamentary scrutiny. This is unsatisfactory. There is also a big question mark over the proposed EORs’ interaction with the habitat regulations requirement. Can the Minister clarify whether the EOR regime will supersede the habitats regulations? If that is the case, can she give an assurance that protections will not be weakened?

Planning is key to satisfactory local outcomes. Having spent four years on a planning committee, during my time as a local councillor for the beautiful ward of Kew in the London Borough of Richmond, I can testify to that. But the changes to the planning regime seem to move power away from the people most affected by the proposed changes to centralised bureaucrats. The changes also do not have at their heart a green agenda.

In conclusion, Chris Skidmore’s review urged Ministers to grasp this historic opportunity, and it emphasised yet again that future economic growth is green growth that will benefit every part of the country. Without incentivising investment in green jobs in less prosperous parts of the UK—not least in improving our housing stock, greening our infrastructure and providing quality upskilling opportunities—we will fail those communities. I fear that, in its current form, the Bill puts us in grave danger of doing just that.

Net-Zero Emissions: Planning and Building Regulations

Baroness Sheehan Excerpts

Thursday 9th September 2021 Lords Chamber

[Lord Greenhalgh (Con)]

I think we are well positioned to take that on board, because the number of people in low-carbon industries has increased considerably and we are seeing a reduction in emissions.

[Baroness Sheehan (LD)]

My Lords, two Liberal Democrat Secretaries of State for Energy and Climate Change quadrupled our renewable electricity output, making us a world leader in offshore wind. With only 52 days to go before COP 26, why are the Government not saying a categoric no to projects such as the Cumbrian coal mine, which will move us backwards and torpedo our international credibility, not least in persuading China and India to stop their investment in coal?

Planning: Net Zero Emissions Targets

Baroness Sheehan Excerpts

Monday 19th April 2021 Lords Chamber

Asked by

[Baroness Sheehan]

To ask Her Majesty’s Government whether they plan to revise planning rules to ensure that all planning decisions are aligned with the United Kingdom’s net zero emissions targets.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

My Lords, our Planning for the Future White Paper committed the Government to ensuring that the reformed planning system will support our efforts to combat climate change and help bring greenhouse gas emissions to net zero by 2050. We are currently analysing the 40,000 responses to the consultation; we will publish a response later in the year, which will set out our decisions on the proposed way forward.

[Baroness Sheehan (LD)]

My Lords, the energy national policy statements are currently under review; they were due to be completed in October last year. When, more precisely, can we expect the completion of the review? Will the Government commit to not granting permission for new fossil fuel projects, such as the controversial Cumbrian coal mine, or any other major infrastructure projects, until the review is complete?

[Lord Greenhalgh (Con)]

My Lords, I will not be able to comment on a specific planning application for obvious reasons; that particular scheme has been called in by the Secretary of State. I will have to write to the noble Baroness on when the review will be published.

Business and Planning Bill

Baroness Sheehan Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Lord Ribeiro (Con) [V]]

My Lords, I apologise for not speaking at Second Reading. Given the restrictions imposed on restaurants and pubs to maintain social distancing during this Covid-19 crisis, it is understandable and welcome that this Bill makes it possible for food and drink to be served on the pavements outside pubs and restaurants.

We have regulations that prevent smoking in pubs and restaurants because of the effects of second-hand smoke on other customers. We have all seen the graphic Covid health warning films about the effects of coughing and sneezing, and how droplets large and small can be projected over several metres and potentially infect those within range. Most smokers exhale the smoke from their lungs through pursed lips and can project smoke beyond the government guidelines of social distancing of one metre plus. So the risk of second-hand smoke, even in an open environment, can affect those seated close by. In effect, the pavement licence takes the pub or restaurant outside. Therefore, any regulation relating to smoking in public places such as pubs and restaurants should be extended to pavement areas until such time as the designated period outlined in the Bill ends in September 2021.

All the evidence points to a second wave of Covid-19. We expect something to happen as we approach winter. The sporadic outbreaks we have recently witnessed in Leicester and Herefordshire should be a warning to us all to be careful in controlling the spread of the virus. Given the horrendous effects of coronavirus, particularly on patients’ lungs—many requiring long-term ventilation—it is all the more important to ensure that the air around us is as unpolluted as possible. That includes air from second-hand smoke. As the noble Baroness, Lady Northover, and others observed, the Government have expressed a desire to make England smoke-free by 2030. Let us start now, by prohibiting smoking on pavements outside restaurants and pubs, and in doing so protect those who may contract coronavirus in the coming year and thus be at risk of serious lung complications.

I strongly support this amendment and hope that it will be accepted, albeit as part of a temporary measure.

[Baroness Sheehan (LD) [V]]

My Lords, I will speak in support of Amendment 18 in the name of my noble friend Lady Northover, which I am pleased to say enjoys support across the House. Before I do so, I apologise for not being able to speak at Second Reading last week. I thank my noble friend Lady Northover for the comprehensive way in which she introduced her amendment, and her co-signatories the noble Lords, Lord Young and Lord Faulkner, and the noble Baroness, Lady Finlay of Llandaff, for their support.

The amendment seeks to ensure that in our attempt to find new and different ways of allowing our cafés, pubs and restaurants to survive, we do so in a way that is sustainable and safe for as many members of the public as possible, including staff. It will also make family-friendly areas safer for young children, who are particularly susceptible to toxic second-hand smoke.

I heard a few people say that extending non-smoking areas to licensed pavements should be left to local authorities to decide on an ad hoc basis, but, as in 2016, most proprietors of pubs, restaurants and cafés support extending the non-smoking area to licensed pavements. They know they will be on the front line when it comes to enforcing rules and, not surprisingly, they want the clarity and the safety from disappointed and sometime aggressive members of the public. They want the clarity that comes from everybody having to adhere to the same rules. Anything other than a national regime, underpinned by legislation, would cause confusion and, I fear, sometimes conflict.

I agree what other noble Lords have said in support of the amendment and I do not want to repeat what has already been said. However, there is one last point I would like to make. To introduce pavement licensing without the attendant safeguards from exposure to second-hand smoke would fly in the face of the Government’s own rationale for reducing the two-metre safety distance to one metre-plus. The plus refers to a physical barrier such as a screen or a face covering. Allowing smoking outdoors will mean the removal of face coverings and masks, therefore more exposure for the smoker and for anyone sharing his or her airspace. If only for the sake of consistency with their own policies, the Government should accept this amendment tabled by my noble friend Lady Northover.

[Lord German (LD) [V]]

My Lords, when the smoking ban was first introduced in 2007, it had followed years of campaigning and research to demonstrate the negative effects. Second-hand smoke affects everyone. The research studies then showed breathing in second-hand smoke increased an adult non-smoker’s risk of lung cancer and heart disease by a quarter, and of a stroke by 30%. I had been chair of a committee in the then National Assembly, which is now the Welsh Parliament, investigating the case for and the effects of a smoking ban in public and workplaces, and it was introduced before the ban in England. But that case is now well established and agreed across all parts of the United Kingdom, and 10 years after the 2007 Act, in 2017, the Welsh Parliament went even further, introducing restrictions on smoking in outdoor care settings for children, school grounds, hospital grounds and public playgrounds.

The current smoking ban in England is meant to be one of a series of moves to discourage smoking. The ban is part of a trend towards policies that de-normalise smoking and it has helped create a shift in culture. Around the world, Governments are considering or instituting bans on outdoor smoking. Just last summer, Sweden banned smoking in many outdoor places, including playgrounds, train platforms and restaurant patios. Following the Welsh example, smoking has been banned in the grounds of most NHS hospitals in England. The case for preventing the breathing in of other people’s smoke is proven. It is beyond doubt; it is harmful. Given there is a ban in workplaces, moving the workplace outside on to the pavement extends the boundary of the workplace, and thereby extends the need for banning smoking within that boundary if for no other reason than for those who work within those establishments.

One of the arguments used in 2007 was that a smoking ban would damage the business of pubs, but there has been no direct negative effect on pubs. People, as has already been commented, just go outside to smoke. Therefore, if the experience of 2007 is anything to go by, and the smoking ban is introduced on the pavement facility provided by the Bill, the new and temporary outside for smokers will be an outside space away from others who are eating and drinking. In reality, not having a smoking ban may well be the bigger deterrent here. Not being able to eat or drink in a non-smoking environment, to which the public have been accustomed, may well keep them away from eating out.

Breathing in other people’s smoke is harmful. The Government have indicated that they want to go further. The experience thus far is that a ban on the pavement facility will not damage business; smokers will move away from those eating and drinking. So why not use this limited opportunity to provide an environment which is not just smoke free but is healthy for diners and staff alike? The Government can demonstrate that they mean business in the challenge to tackle the harm that smoking does to the health of the nation. I am pleased to support the amendment.