Planning and Infrastructure Bill

Baroness Taylor of Stevenage Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Lord Mackinlay of Richborough (Con)]

I thank my noble friend for his clarification. As I said, I was only guessing that the figure was in the hundreds of thousands; I am glad to have the clarity that is 1.1 million. There we have it: there is the potential for the growth that we are looking for and for the supply of housing within a local plan, yet we seem to keep hearing calls for new land and new development. The answer, however, is in our lap. It would be nice for this to be rather more transparent, so that we could consider it more closely.

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

My Lords, that was an interesting debate on these amendments. Believing in local people also means building the homes that they need and the infrastructure to support those homes. This problem with buildout did not commence in July 2024; it has been there for a long time, and this Bill is trying to do something about it.

I thank the noble Baroness, Lady Coffey, for Amendment 62A, which would require applications for development not included in the local plan, or for a housing density lower than that specified in the plan, to be determined by committee. I appreciate the sentiment behind the amendment; however, it is common for applications to be submitted for development that do not accord with the local plan. That does not mean that all those applications are controversial or that they require committee scrutiny. To bring all such applications to committee would undermine the whole point of Clause 51. I therefore ask the noble Baroness to withdraw her amendment.

Amendment 63 from the noble Lord, Lord Lansley, seeks to make initial regulations relating to the national scheme of delegation subject to the affirmative procedure. As I mentioned in Committee, it is common practice across planning legislation for regulations of a detailed and technical nature such as these to be subject to the negative procedure. The Delegated Powers and Regulatory Reform Committee has published its report on the Bill and has not raised any concerns about either this power or the proposed procedure.

I recognise that the noble Lord has altered his amendment so that it applies only to the first set of regulations, but I still do not believe that the revised amendment is necessary. We already consulted on our proposed approach in May this year. The Secretary of State, under the Bill’s provisions, will be required to consult appropriate persons before making the regulations and the subsequent changes to them. That means that the Government will conduct another consultation on these very regulations before they are brought into force. In practice, this means that key stakeholders, including local planning authorities, will be able to respond on the detailed proposals set out in the regulations to ensure that they will work effectively in practice. They are the practitioners, after all, so I look forward to hearing their comments.

Amendment 76 in the names of the noble Baroness, Lady Scott, and the noble Lord, Lord Jamieson, seeks to give the chair of a planning committee and the head of planning the discretion to allow any planning application to be determined by committee where there are objections on valid planning grounds. Noble Lords will recall that we debated an identical amendment in Committee, and I can confirm that the Government have not changed their position on this issue. The intention of the amendment undermines the introduction of a national scheme of delegation. Valid planning objections are a frequent occurrence on planning applications—anyone who has ever been on a council will know that only too well. This amendment would therefore mean that almost any application would be capable of being referred to committee. That is clearly something we would not want to support. However, I repeat that the intention behind the national scheme of delegation is not to undermine local democracy. It is simply to allow planning committees to operate more effectively in the interests of their communities.

I thank the noble Baroness, Lady Coffey, for Amendment 87F relating to the buildout of development, which is a key issue. The amendment seeks to improve the transparency of buildout data by requiring the Secretary of State to publish information on a quarterly basis about the number of planning consents granted where building has not started or completed in each local planning authority. I start by reaffirming to the noble Baroness, as I did in Committee, that I fully support the aim of improving buildout and the rate of residential development. The Government remain committed to making sure that all planning permissions are translated into homes. That said, I remain of the view, as I have previously set out, that we do not need this amendment to achieve that.

When we debated buildout in Committee, I highlighted our publication in May of an important working paper, which sets out a more effective and comprehensive approach to speeding up buildout. It includes greater transparency of buildout rates, new powers for local planning authorities to decline to determine applications from developers that have built out more slowly and greater emphasis on mixed-use tenures, as well as exploring a potential delayed homes penalty as a last resort. The working paper also emphasised that we want to make it easier for local authorities to confirm CPOs, which will help unlock stalled sites and make land assembly easier when this is in the public interest. We have also set up our new homes accelerator, which will help to unblock some of those stalled sites and find out what is causing the problem that is slowing down buildout. We are now analysing the responses to that working paper, and we will set out our next steps in due course. I reiterate that the measures set out in the working paper will make a real difference to the buildout of residential development that we all want to see. Therefore, given our strategy to support faster buildout, I hope the noble Baroness will not move her amendment.

[Lord Jamieson (Con)]

Can I ask for clarification? I asked a specific question regarding the Levelling-up and Regeneration Act and its sections saying that a planning authority does not need to determine an application where the applicant has not built out elsewhere. I think the Minister was hinting that this is what the Government are doing, but will they implement that?

[Baroness Taylor of Stevenage (Lab)]

We did consult on that very issue. We are still analysing the responses to the working paper. As soon as we have done that, I will inform the House of the outcome.

[Lord Jamieson (Con)]

Are the Government not prepared to implement the Levelling-up and Regeneration Act sections as they stand now, despite having the power to do so?

[Baroness Taylor of Stevenage (Lab)]

I can only repeat that, on the powers on which we consulted in the working paper, we want to look at the responses and then implement them.

[Baroness Coffey (Con)]

My Lords, I thank the Minister and all noble Lords who have contributed on this group. It has been a useful discussion.

I say candidly to the Minister that these are the powers of transparency that, if I had served as a Minister in her department, I would have wanted to know of, so that I could go after those developers, hold their feet to the fire and enact what my noble friend has just said from LURA 2023. However, with that, I beg leave to withdraw the amendment.

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Moved by

[Baroness Taylor of Stevenage]

64: After Clause 51, insert the following new Clause—
“Directions restricting refusal of planning permission in EnglandIn section 74 of the Town and Country Planning Act 1990 (directions etc as to method of dealing with applications), in subsection (1)(a), after “grant” insert “or, in the case of an authority in England, the refusal,”.”Member’s explanatory statement
This amendment would allow a development order to enable the Secretary of State to give directions restricting the refusal of planning permission or permission in principle by a local planning authority in England.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendments 64 and 259 are in my name. They seek to amend the Town and Country Planning Act to address an anomaly in the Secretary of State’s existing powers, allowing him to issue holding directions to local planning authorities.

Currently, powers under the Act allow the Secretary of State to make a provision in the development order that allows him to issue a holding direction to a local planning authority, restricting it from granting planning permission. Such holding directions are used to allow the Secretary of State to consider whether to use his powers to call in the application for his own consideration under powers in Section 77 of the Town and Country Planning Act.

This amendment addresses an anomaly. It will enable the Secretary of State to issue a holding direction to prevent local planning authorities refusing an application for planning permission. I should make it clear that this does not significantly change the way in which call-in currently operates. The Secretary of State can already call in any application, provided the local planning authority has not issued a formal decision notice. It merely prevents the local planning authority issuing a refusal and allows the Secretary of State to consider whether to determine the application himself.

It is a well-established part of the planning system that the Secretary of State can intervene in planning decisions. This has been in statute since the inception of the modern planning system. The Written Ministerial Statement of October 2012 set out the Government’s existing policy on call-in. Under this policy, in general, the Secretary of State considers the use of his call-in powers only if planning issues of more than local importance are involved. Even when an application is called in, it does not mean that planning permission will be granted. The Secretary of State is bound by the same duties as local planning authorities.

To conclude, government Amendments 64 and 259 are minor, but they are no less important in enabling the more effective use of the Secretary of State’s call- in powers. I beg to move.

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[Baroness Scott of Bybrook (Con)]

My Lords, I rise to speak to Government Amendment 64 in this group. As we have heard, this amendment would allow a development order to enable the Secretary of State to give directions restricting the refusal of planning permission in principle by a local planning authority in England. Under Section 77(5) of the Town and Country Planning Act 1990, the Secretary of State already possesses powers to intervene by calling in an application for their own determination. Therefore, I ask the Minister, what has changed? Will the existing guardrails and provisions governing the call-in process remain intact? Will the mechanisms by which call-in operates continue as they do now? How will the Secretary of State ensure that this power is not overused, thereby overriding local decision-making?

The Government should explain precisely what this amendment achieves that cannot already be done under existing law. If it represents a fundamental change to the call-in power, the Government should set that out clearly today, including the proposed changes, the safeguards and how the new power is intended to operate. If the Minister cannot provide that assurance, we will be inclined to test the opinion of the House on whether this amendment should proceed. Instead of tinkering with this power, the Government’s real focus should have been elsewhere: on proportionality and addressing the implications of the Hillside judgment. Energy should be directed towards tackling the real blockages in the planning system.

I turn to Amendment 65—which I hope will not be required—tabled by my noble friend Lord Lansley. This amendment would provide an incentive for local planning authorities to adopt up-to-date local plans and, in doing so, regain control over the granting of planning permissions in accordance with those plans. This raises an important point: the absence of up-to-date local plans across much of England remains one of the central causes of delay, inconsistency and local frustration with the planning system. The Government must therefore give the issues this amendment raises due regard and set out in clear detail how they intend to address the concerns it raises.

Finally, I am not quite sure why my noble friend Lady Coffey’s Amendment 87D is in this group, but we have heard the feeling of the House on this. I know it is an issue my noble friend is rightly passionate about, and it is important. On the one hand, the Government have given communities their assets or enabled them to take them over; on the other, they are not protected from being lost. This is an important issue for the Minister, and I look forward to a very positive response to this especially important amendment.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I hear the strength of feeling in the House on this amendment. It might be helpful if I set out in a bit more detail the way the Section 31 direction works. It is important to note that a Section 31 direction allows time for the Secretary of State to consider whether to exercise call-in powers. It is exactly what it says on the tin: a holding direction to enable that process to go through.

In response to the noble Lord, Lord Fuller, the use of holding directions helps to prevent exactly the circumstances he described by restricting the issuing of a decision on a planning application—whether it be to grant or to refuse—to allow time for full consideration of whether it raises issues of more than local importance, such that it merits calling in, and to help prevent the rushed consideration of such matters. I have dealt with a number of these call-ins of applications since becoming a Minister. Every time we look at a called-in application, we have to consider the criteria against which the Secretary of State will consider the call-in of a local application. I hope it will be helpful if I very quickly go through those.

Compliance with the local development plan is not the question here; it is whether the Secretary of State will use the call-in powers, and they will use them only if planning issues of more than local importance are involved. Such cases may include, for example, those which, in the Secretary of State’s opinion, may conflict with national policies.

[Lord Lansley (Con)]

I am confused. The Minister referred to Section 31 directions, but surely, we are talking about Section 74 directions. Section 31 is to do with grants for local authorities.

[Baroness Taylor of Stevenage (Lab)]

My apologies: I got my numbers mixed up there. I am talking about the call-in power.

Such cases could include, for example, those which may conflict with national policies on important matters, may have a significant long-term impact on economic growth and meeting housing needs across a wider area than a single local authority, could have significant effects beyond their immediate locality, could give rise to substantial cross-boundary or national controversy, raise significant architectural and urban design issues, or may involve the interests of national security or of foreign Governments. However, each case will continue to be considered on its individual merits.

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[Lord Banner (Con)]

I appreciate that this amendment would not change the procedures, but the question I was seeking the Government’s clarification on is: will the Government commit to not diluting the policy commitment that the right to be heard in a call-in process is exercised through the rigorous public inquiry process, which allows for public participation, rather than the lesser process of a hearing? Will the Government commit not to diluting that policy requirement for an inquiry?

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord for that clarification. Of course we keep the procedures under review in order to ensure they are fit for purpose. It is very important that we would inform the House in the proper way if we were to make any procedural changes in regard to the issues he raises.

Amendment 65, tabled by the noble Lord, Lord Lansley, as an amendment to government Amendment 64, seeks to incentivise local planning authorities getting up-to-date local plans in place and to allow them to determine applications subject to a holding direction where an up-to-date plan is in place and the proposal accords with this plan. I assure the noble Lord that we appreciate the sentiment behind his amendment. As I have often said, we too want to ensure that local planning authorities make positive decisions and grant planning permission for development which is in accordance with up-to-date local plans. However, we are not convinced that the noble Lord’s amendment is necessary. Under our amendment, the Secretary of State will be able to restrict refusal of planning permission or permission in principle. Where the Secretary of State has not also restricted the local planning authority from approving the application, they will be free to reconsider the application and grant it if they wish. We believe that this addresses the intent of the noble Lord’s amendment.

Amendment 87A, tabled by the noble Baroness, Lady Coffey, would amend secondary legislation to enact government Amendment 64. I assure the noble Baroness that this amendment is not needed, as we will bring forward the necessary changes to secondary legislation shortly following Royal Assent of the Bill.

Amendment 87D, tabled by the noble Baroness, Lady Coffey, seeks to remove assets of community value from the permitted development right which grants planning permission for the demolition of certain buildings. I am not responsible for the grouping of amendments, so I understand her issue about where this has been grouped, but we will debate it as it is in the group before us. I very much appreciate the sentiment behind this amendment, and I share the noble Baroness’s desire to ensure that local communities do not lose the community assets which are so important to them. We do not have many old houses in our town, because it is a new town, by its very nature. However, I have relayed before my story of a beautiful old farmhouse in my own ward of Symonds Green. An application came in for that property, and we tried very hard to get it listed before the application was considered. Unfortunately, the inside of the property had been amended; so much work had been done to it internally that we could not get a listing for it and, unfortunately, it was, sadly, demolished. The reason I am saying that is because there are a number of routes that local communities can take to protect properties, which I will come on to in a minute.

It is already the case that the demolition permitted development right excludes many types of buildings which are particularly valued by local communities. We know how important these buildings are, and Members across the House have stated this both this afternoon and in previous debates. These include pubs, concert halls, theatres, live music venues and many other buildings of local value.

Local planning authorities, as I have stated before and as I was reminded by the noble Lord, Lord Freyberg, can use Article 4 directions to remove permitted development rights in their area, where it is appropriate to do so. While I note the comments of the noble Lord, Lord Freyberg, about Article 4 and the possible complexities of dealing with that, it is possible for local authorities to apply for these in advance.

There is also another route that local authorities can go down, which is to set up a register of buildings of local community interest, which, while it does not carry the weight of statutory protection that Article 4 does, provides a checklist for communities and planners for buildings that cannot be listed, against which they can be checked, should proposed development come forward.

We believe that the current approach is the right one. However, I assure the noble Baroness that we continue to keep permitted development under review, and this and other matters related to that are always under review. With these assurances, I ask noble Lords not to press their amendments.

[Lord Lansley (Con)]

I think we are debating Amendment 65, which I moved.

The debate has illustrated that, in effect, this is the debate we ought to have had in Committee. There is one set of people—I count myself among them—who cannot understand what the Government are trying to achieve, and why the amendment is necessary, and another set who are saying that it gives the Government powers to do things that might be objectionable.

Actually, of course, the Government have all those powers. If they wanted, for example, to grant planning permission to all data centres, they could issue guidance for that purpose. They could issue national development management policies, for which they have powers. The question I keep coming back to, which is where I started, is: what is this trying to achieve? Calling it an “anomaly” seems to be completely misleading. If you put it alongside a holding direction to stop the granting of planning permission, that stops a local authority giving planning permission because, once it is given, you cannot take it away. Having a holding direction to stop the refusal of planning permission simply stops the local authority saying no, and then the applicant has the opportunity for appeal or a further application, and many other routes—and the Secretary of State has many routes to deal with it. I am afraid that I cannot see the benefit.

The Minister was kind enough to say that my amendment was not necessary, as she wants to do the things that my amendment calls for, so that is fine. So I do not need to proceed with my amendment and will beg leave to withdraw it, in expectation that we will focus on Amendment 64 itself.

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Moved by

[Baroness Taylor of Stevenage]

66: After Clause 51, insert the following new Clause—
“Directions giving deemed planning permission: special regard to heritage assets(1) In section 90 of the Town and Country Planning Act 1990 (directions deeming planning permission to be granted for certain development with government authorisation), after subsection (2A) insert—“(2B) Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (special regard to listed buildings) applies to a government department or the Secretary of State in considering whether to make a direction under this section as it applies to the Secretary of State in considering whether to grant planning permission.”(2) In section 90(2B) of that Act (inserted by subsection (1))—(a) for “applies”, in the first place it appears, substitute “and section 58B of this Act (special regard to other heritage assets) apply”;(b) for “it applies” substitute “they apply”.” Member’s explanatory statement
There is currently a duty to have special regard to the desirability of preserving listed buildings, their settings and their features of special architectural or historic interest when deciding whether to grant planning permission. This new Clause would apply that duty to certain powers to put in place deemed planning permission (including in relation to a Transport and Works Act project).

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Moved by

[Baroness Taylor of Stevenage]

67: After Clause 51, insert the following new Clause—
“Planning permission etc: extension of time in event of legal challenge(1) The Town and Country Planning Act 1990 is amended as set out in subsections (2) and (3).(2) In section 91 (general condition limiting duration of planning permission), for subsections (3A) and (3B) substitute—“(3A) In subsections (3B) to (3BB)—“implementation period” means the period before the end of which a development to which a planning permission relates must be begun (see subsections (1) and (3));“relevant proceedings” means proceedings to challenge the validity, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission.(3B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.(3BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.(3BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.(3BC) Any extension of a period under subsection (3B), (3BA) or (3BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).(3BD) Any extension of a period under subsection (3BA) is to run consecutively to the previous extension of the period under subsection (3B) (if they would otherwise overlap).(3BE) Any extension of a period under subsection (3BB) is to run consecutively to the previous extension of the period under subsection (3B) and any previous extension of the period under subsection (3BA) (if they would otherwise overlap).(3BF) The references in subsections (3BA) and (3BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).”(3) After section 92 insert—“92A Extension of outline planning permission etc in event of legal challenge(1) This section applies where a person is given permission by a court to bring proceedings challenging the validity, in respect of the development of land in England, of—(a) a grant (or deemed grant) of outline planning permission, or(b) the approval of reserved matters under such a permission. (2) Any reserved matters application period or implementation period that is running when the court gives permission to bring the proceedings is extended by one year.(3) If a party to the proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year.(4) If a party to the proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years.(5) Any extension of a period under subsection (2), (3) or (4) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).(6) Any extension of a period under subsection (3) is to run consecutively to the previous extension of the period under subsection (2) (if they would otherwise overlap).(7) Any extension of a period under subsection (4) is to run consecutively to the previous extension of the period under subsection (2) and any previous extension of the period under subsection (3) (if they would otherwise overlap).(8) For the purposes of subsections (2) to (4), an implementation period that is determined by reference to an approval of a reserved matter starts to run when the reserved matters application is made (and the reserved matters application period ceases to run at that point).(9) Subsection (10) applies if a reserved matters application is made without taking advantage of an extension under this section.(10) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of days by which the reserved matter application period is extended under this section.(11) Subsection (12) applies if a reserved matters application period is extended (or further extended) under this section and the reserved matter application is made taking advantage of the extension but before the end of the period as extended.(12) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made.(13) In this section—“implementation period” , in relation to a grant of outline planning permission, means the period before the end of which development to which the permission relates must be begun (see section 92(2)(b), (4) and (5));“outline planning permission” has the same meaning as in section 92;“reserved matters application” means an application for the approval of a reserved matter in pursuance of section 92;“reserved matters application period” , in relation to a grant of outline planning permission, means the period before the end of which a reserved matters application relating to the permission is required to be made (see section 92(2)(a), (4) and (5)).(14) In this section, references to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).” (4) In the Planning (Listed Buildings and Conservation Areas) Act 1990, in section 18 (limit of duration of listed buildings consent), for subsections (2A) and (2B) substitute—“(2A) In subsections (2A) to (2BB)—“implementation period” means the period before the end of which works to which a listed building consent relates are required to be begun in pursuance of subsection (1) or (2);“relevant proceedings” means proceedings to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent.(2B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.(2BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.(2BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.(2BC) Any extension of a period under subsection (2B), (2BA) or (2BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).(2BD) Any extension of a period under subsection (2BA) is to run consecutively to the previous extension of the period under subsection (2B) (if they would otherwise overlap).(2BE) Any extension of a period under subsection (2BB) is to run consecutively to the previous extension of the period under subsection (2B) and any previous extension of the period under subsection (2BA) (if they would otherwise overlap).(2BF) The references in subsections (2BA) and (2BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).”(5) The amendments made by subsections (2) and (4) do not operate to extend any implementation period that has already expired.(6) In relation to proceedings begun before the day on which subsection (2) comes into force (“the commencement date”)—(a) any extension of time under section 91(3B) of the Town and Country Planning Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;(b) subsections (3B) to (3BB) of section 91 of that Act (as inserted by subsection (2)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.(7) In relation to proceedings begun before the day on which subsection (3) comes into force, section 92A of the Town and Country Planning Act 1990 (inserted by subsection (3)) applies so far as any event in the proceedings giving rise to an extension of time under that section occurs on or after that day, but not otherwise.(8) In relation to proceedings begun before the day on which subsection (4) comes into force (“the commencement date”)—(a) any extension of time under section 18(2B) of the Planning (Listed Buildings and Conservation Areas) Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected; (b) subsections (2B) to (2BB) of section 18 of that Act (as inserted by subsection (4)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.”Member’s explanatory statement
This amendment would extend the time for implementing a planning permission or listed building consent where the permission or consent is challenged in legal proceedings. There would be an extension of one year in all cases, with a further year where the case goes to the Court of Appeal and a further two years where the case goes to the Supreme Court.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I will speak to Amendments 67 and 261.

The Government listened carefully to the persuasive arguments made in Committee by the noble Lord, Lord Banner, about the unfairness that occurs when planning permissions lapse simply because they are caught up in lengthy judicial or statutory review proceedings. We agree that the current provisions are too limited and do not reflect the realities of modern litigation.

At present, Section 91 of the Town and Country Planning Act 1990 provides only a single one-year extension when proceedings are begun to challenge a grant of permission or consent. This is narrow in scope; it does not apply to outline permissions or reserved matters approvals, and it does not cater for cases that progress through the appellate courts. In practice, this means that permissions can expire during prolonged legal challenges, forcing applicants to reapply and causing unnecessary cost and delay.

Our amendment introduces a more comprehensive and predictable approach. Where a court grants permission to bring judicial review or statutory challenge proceedings, the commencement period will be extended by one year. If the case proceeds to the Court of Appeal, there will be a further one-year extension, and if it reaches the Supreme Court, an additional two years will be added. These provisions will apply to all types of planning permissions and listed building consents, including outline permissions and reserved matters approvals. They will also apply to existing permissions subject to legal proceedings.

This approach provides clarity and certainty for applicants and developers. It avoids permissions expiring due to delays entirely outside their control, reducing the need for costly and time-consuming repeat applications. It also ensures that the planning system remains fair and proportionate, supporting investment and the delivery of development while respecting the judicial process.

We considered the “stop the clock” proposal put forward by the noble Lord, Lord Banner. While we agreed with the principle, that approach would have required complex calculations based on the start and end dates of proceedings, creating irregular and unpredictable timeframes. Our tiered system offers a simpler, more transparent solution that achieves the same objective without introducing administrative complexity. The amendment strengthens the Bill’s overall purpose: to streamline planning processes and to remove unnecessary barriers to development. It balances the right to challenge decisions with the imperative to deliver homes and infrastructure efficiently. For those reasons, I hope that the House will support the amendment. I thank the noble Lord, Lord Banner, for all the meetings we have had to discuss this and for his constructive approach to this matter.

I will come to the other amendments in this group when they have been spoken to. I beg to move.

[Viscount Hanworth (Lab)]

My Lords, Amendments 77 to 79 propose to limit applications for judicial reviews that are without merit. It is proposed that they may be blocked by a judgment of the High Court. The amendments were tabled by the noble Lord, Lord Hunt, and me. In the likely absence of the noble Lord, I have undertaken to speak in support of them.

On Monday, the first day on Report, I spoke to Amendment 83, which describes a means of circumventing lengthy and costly judicial reviews that can affect infrastructure projects of national significance by giving the associated development consent orders—DCOs—the status of Acts of Parliament, which would be legally incontestable. There was no intention in that amendment to curtail meaningful processes of scrutiny and consultation. The purpose was to protect projects from costly and dilatory legal reviews initiated by tendentious factions that are liable to promote their own interests at the expense of those of the wider community or the national interest.

In recent years, the planning system has become increasingly sclerotic. The average time it takes to obtain planning permission for major infrastructure projects has more than doubled in the last decade to more than four years. A judicial review with a minor or frivolous justification may occasion a resubmission of an application for a development order. The revised application might become subject, in turn, to a further judicial review. Despite the eventual dismissal of these appeals, the legal processes can be so costly and cause such delays that the infrastructure project goes into abeyance. Then the contestants have effectively won their case, despite its lack of legal merit.

I should say that I am not averse in principle to judicial reviews. Many of them do have merit. However, a very large and increasing number of requests for judicial reviews are rising nowadays, and hearings are granted in 75% of the cases. They form a lengthy queue and pre-empt the legal resources.

The fashion for judicial views may have been greatly stimulated by the experience of the Archway Road protests, which took place over a period of 20 years from the early 1970s to the 1990s. These protests were prompted by a proposal to develop a motorway dual carriageway in Archway, where the A1 trunk road effectively begins. It was said the purpose of the scheme was to expedite the escape from the centre of London of politicians, senior civil servants and a body of secretaries in the case of the threat of a nuclear missile strike. They were to be conveyed to a secret nuclear bunker in Kelvedon Hatch in Essex, where they might continue to govern the country, while the rest of us perished. It was said that they might have the task of regenerating the population that had been obliterated.

The road scheme would have destroyed 170 houses, for the loss of which the residents would have been given very meagre compensation. It was said that they would have been given no more compensation than would have enabled them to purchase a one-bedroom flat in Tottenham Marshes. A question has to be asked about whether compensation tends nowadays to be more generous. Does its inadequacy continue to provide an incentive to resist infrastructure developments and to resort to judicial procedures to block them? This unpopular scheme has had a long legacy. It established a precedent for judicial reviews that has been followed ever since, for good and for bad reasons.

Amendment 83 did not receive favour from the Government, and in withdrawing it I was clear that I was somewhat disappointed by their response, because we are facing a crisis caused by the wilful delay and obstruction of virtually every important infrastructure project. There is nothing in the Bill or forthcoming from the Government that will address the crisis adequately. We are left with nothing more than the present group of amendments which propose that, in various circumstances pertaining to the Town and Country Planning Act, the listed buildings and conservation Act and the hazardous substances Act, the High Court may deem an appeal to be unworthy of further consideration. I believe that the Court of Appeal already has this prerogative, so there may be very little substance in these amendments, but nevertheless they serve to highlight the problem.

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[Baroness Scott of Bybrook (Con)]

My Lords, I will speak to Amendment 104, tabled by my noble friend Lord Banner, and to government Amendment 261. We are grateful for the Government’s engagement with my noble friend on this issue.

These amendments would prevent planning permission from timing out as a result of protracted legal challenge and remove the perverse incentive for meritless claims designed simply to run down the clock. At present, judicial reviews, as we have heard, often outlast the three-year planning deadline, leaving permissions to time out, wasting money on repeat or dummy applications and discouraging serious investment. Stopping the clock during a judicial review would protect legitimate permissions, reduce waste and deter vexatious claims. It carries no real downside for the Government.

The Government say that they agree with the policy intention. We welcome the Government’s move to address the concerns held on these Benches and their work with my noble friend Lord Banner on these issues. This is a question of proportionality and fairness in the planning system. If time is lost to litigation, that time should not count against the permission. Properly granted permissions should not be undone by process; it should be done by merit. Far from slowing down planning, this change would help to speed it up by reducing wasteful repeat applications, giving confidence to investors and allowing us to get on with building in the right places.

Finally, I speak to the amendments tabled by the noble Lord, Lord Hunt. The ideas, the intentions and the thoughts processed behind these amendments are good ones, built on a sound principle. However, we do not believe that these amendments are practical. The proposed process would involve going straight to a hearing. In our view, the court would simply not have the necessary bandwidth. Nevertheless, we are sympathetic to the purpose of his amendments.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am grateful for the support from across the House for the Government’s amendment. I am sorry that the noble Lord, Lord Banner, has had to rush off to the Supreme Court, apparently, but I am grateful for his support for our amendment.

I point out to the noble Baroness, Lady Pinnock, that this amendment has been developed in response to a discussion that we had in Committee and with extensive engagement with fellow Peers to improve the process of judicial review, which has been an ongoing issue. I hope that this reassures her.

[Baroness Pinnock (LD)]

I withdraw my criticisms.

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Baroness.

Although the noble Lord, Lord Banner, is not here, I shall put on the record that there is work ongoing on the Hillside issue, as he is very aware. We continue to engage with him on that issue.

I cannot answer the question asked by the noble Baroness, Lady Bennett, off the top of my head, but I will provide a written answer. I appreciate that two years is quite a long time. If surveys have been done, they may need to be done again. I will come back to her on that issue.

I thank my noble friend Lord Hunt for tabling Amendments 77, 78 and 79, introduced by my noble friend Lord Hanworth. These seek to remove the right of appeal for certain planning judicial reviews if they are deemed as totally without merit at the oral permission hearing in the High Court. The effect of these amendments largely reflects the intention of Clause 12, which makes provisions specifically for legal challenges concerning nationally significant infrastructure projects under the Planning Act 2008. The measures being taken forward in Clause 12 follow a robust independent review by the noble Lord, Lord Banner, and a subsequent government call for evidence, which made clear the case for change in relation to major infrastructure projects. We do not currently have any evidence of an issue with legal challenges concerning other types of planning decision. Therefore, we will need to consider this matter further to determine whether the extension of changes made in Clause 12 would be necessary or desirable in other planning regimes.

Amendment 77 seeks to clarify that legal challenges are to be made to the High Court. As mentioned in Committee, this is not necessary as it is already clearly set out in the existing relevant rules, practice directions and guidance documents. In light of these points, while I agree with the intent behind the amendments, I kindly ask that my noble friend does not move them.

[Viscount Hanworth (Lab)]

I am happy not to move the amendments. However, I observe that the government amendments are occasioned by the very problems that I have been describing.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I turn first to Amendment 69, tabled by the noble Lord, Lord Murray, and moved by the noble Earl, Lord Russell. This amendment seeks to introduce statutory guidance on mediation and dispute resolution into the planning system.

First, I thank the noble Lord, Lord Murray, for his continued engagement with us on this matter since Committee. I have had a meeting with him this week on this subject. He is a passionate advocate for mediation and I appreciate the insights he has shared on this issue. I think we both want the same thing: fewer disputes on matters of planning. There are certainly areas where mediation and alternative dispute resolution can play a valuable role in the planning system—for example, on the compulsory purchase and Section 106 agreements, where negotiating and reaching consensus is required.

However, we feel that third-party mediation would not be appropriate or necessary for all planning activities. For example, it would not be applicable to planning decisions, as planning law requires the decision-maker to consider all relevant planning matters set out in the local development plan and weigh them with other material planning considerations. Furthermore, a statutory approach to mediation may add a further layer to an already complex planning framework.

Much of what we are both seeking to achieve can be done through national planning policy and guidance. Our National Planning Policy Framework actively encourages proactive and positive engagement between applicants and local planning authorities, including pre-application consultation. This is a well-established part of the system and only 4% of all planning decisions lead to an appeal. On larger-scale schemes, planning performance agreements have also played an increasingly valuable role, and we actively encourage them as a tool to assist co-operation between all parties.

The noble Earl, Lord Russell, quoted the example of the way that Scotland deals with mediation. Section 286A of the Town and Country Planning (Scotland) Act 1997 enables Scottish Ministers to publish guidance promoting the use of mediation. Planning Circular 2/2021 sets out this guidance. Importantly, this guidance promotes the use of mediation rather than requiring its use. It clearly states that the use of mediation is not a requirement on local planning authorities. We do not need legislation to encourage the use of mediation, especially for all planning activities. As I said, there are examples of where we have used guidance to encourage the use of mediation, particularly on compulsory purchase orders.

Amendment 103 from the noble Lord, Lord Banner, and moved by the noble Baroness, Lady Scott, seeks to give decision-makers, applicants, consultees and the courts confidence that less can be more in the planning system. I thank the noble Lord for his engagement on this matter. He will know that we are taking forward regulatory reforms to this regime, removing the need for mandatory pre-application consultation and overhauling the permission stage for judicial review, which we discussed earlier.

Elsewhere, we are introducing the new nature restoration fund, reviewing the role of statutory consultees, removing the statutory consultation requirements relating to preliminary environmental information within the environmental impact assessment regulations for infra- structure planning and examining regulatory and policy requirements for small and medium-sized sites.

I again reassure the noble Lord that we agree with the sentiment of this amendment to remove unnecessary layers of duplication, and our actions show this. However, as I said in Committee, we still do not think that this amendment, though well intentioned, would provide the remedy for the lack of proportionality in our planning system. It would create a new legal test for decision-makers that risks more opportunities for legal challenge and more grounds for disagreements. It is better to promote proportionality through regulatory and policy reforms, which I know the noble Lord is aware we are committed to. It will be a key principle driving our new National Planning Policy Framework, which we are committed to publishing for consultation later this year.

Amendment 119, tabled by the noble Baroness, Lady Neville-Rolfe, seeks to ensure that public bodies discharging duties under the Bill pay consideration to the difficulties faced by small and medium-sized developers when engaging with the planning system. I am sure she will know that we appreciate the intention of the amendment and recognise the crucial role that small and medium-sized businesses play in driving up housebuilding rates, particularly by supporting a diverse housing market, responding to local housing needs and supporting faster build-out rates.

We also recognise that this part of the sector has faced incredibly significant challenges in recent years and that the planning system has become disproportionate, contributing to delays, costs and uncertainty. However, this amendment is unnecessary and duplicates the emerging reforms to the planning system.

The amendment would create a statutory obligation for public bodies to have regard to SME-specific issues. This approach is neither necessary nor proportionate. It would impose a legal duty on authorities to demonstrate how they have considered SME concerns and barriers when exercising their planning and development functions. This would create a new burden for local planning authorities and other public bodies. It would also further complicate our complex planning system and create a new avenue by which legal challenges to decisions could be brought.

That said, I assure noble Lords that the Government are committed to improving the experience of SMEs in the planning system. In May this year, we published a site thresholds working paper, seeking views on how we might better support small-site development and enable SME housebuilders to grow. This paper proposed introducing a medium-site definition, alongside a range of proposals to support a more simplified and streamlined planning process.

For applications within this new medium threshold, we are considering simplifying BNG requirements, exploring exempting these sites from the proposed building safety levy; exempting them from build-out transparency proposals; maintaining a 13-week statutory time period for determination; including the delegation of some of these developments to officers as part of the national scheme of delegation; ensuring that referrals to statutory consultees are proportionate and rely on general guidance that is readily available online where possible; uplifting the permission-in-principle threshold; and minimising validation and statutory information requirements. We are currently analysing all the comments received on this working paper, which will inform a consultation on more detailed proposals ahead of finalising our policy approach.

An amendment seeking to define SMEs in an alternative way and adding further steps to the process risks adding further complexity to the planning system and undermining the efforts to support proportionality. For these reasons, I hope that noble Lords will not press their amendments.

[Earl Russell (LD)]

My Lords, I thank the Minister for her response. This has been an interesting and, dare I say, different group of amendments. It is always important to look at principles, particularly first principles, that underline and guide what we do and why we do it. I welcome the Minister’s comments. I take her points about mediation and that we all want fewer disputes. We share all those things in common. I will go away and think about what more could be done with guidance. We want the Government to go a little bit further and support trials and rollouts to see what more can be done to better incorporate this as a tool within our planning system.

On Amendment 119, it is important that we raise these issues. The need to do more for small and medium-sized developers is widely felt among all parties across the House. I recognise what the Government have done on the site threshold paper, and it is welcome that they are looking at the results that have come back from that. I think the House as a whole would welcome further developments from that.

On Amendment 103, obviously the principle of proportionality is important. Less can indeed be more. We wonder what more can be done in this space on regulatory and policy reforms going forward.

With that, I reserve the right of the noble Lord, Lord Murray, to bring back his amendment, should he wish to. I beg leave to withdraw the amendment.