Planning and Infrastructure Bill

Baroness Taylor of Stevenage Excerpts

Report stage
Monday 27th October 2025 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I will speak in support of the intent behind this important group of amendments, all of which seek to strengthen the Bill’s provisions around green infrastructure, heritage protection, sustainable land use and, importantly, play and sports areas, as in Amendments 170 and 121E.

Amendment 84, tabled by the noble Lord, Lord Inglewood, would recognise the Gardens Trust as a statutory consultee. Historic gardens and designed landscapes are a vital part of our cultural and national heritage, and their protection must not be left to chance. Giving the Gardens Trust formal status in the planning process is a logical and proportionate step, in our opinion.

On Amendment 88, we strongly support the call for a strategic approach to green and blue infrastructure—that is, parks, waterways and green spaces that are publicly accessible and which protect biodiversity and enhance well-being. These provisions would help to ensure that growth does not come at the expense of nature or public access to it. However, this amendment includes “network”, which carries a significant implication from a strategic planning perspective. Once we define these assets as a network, local authorities could be required not only to safeguard individual sites but to consider the functional and spatial connections between those sites. That raises questions of the maintenance, responsibilities and resources required to deliver a genuinely joined-up approach. We therefore could not support the amendment as drafted but there is another amendment, later on in our debates, about new towns. It is a different issue in new towns than it is strategically, which could be across three or even four counties or areas.

There is also clear cross-party consensus behind prioritising brownfield development and protecting our most valuable farmland and greenfield sites. Amendments such as Amendments 95, 96 and 118 rightly push for a sequential, sustainable approach to land use, beginning with sites already in use or disused, and protecting the best and most versatile agricultural land for food production and environmental benefit.

Amendment 96 in my name would require spatial development strategies to prioritise brownfield land and urban densification, and to promote sustainable mixed communities by reducing travel distances between homes, jobs and services. It underpins the widely supported “brownfield first” principle, which already commands public support and political consensus, but it goes further, linking that principle directly to community building, sustainability and the protection of the villages and open spaces that give our places their character. As Conservatives, we are passionate about protecting our green belt and safeguarding the countryside from inappropriate development. This Government have often relied on guidance rather than firm statutory safeguards, leaving too much to shifting policy documents and not enough to clear legal safeguards.

This is about a joined-up approach, encouraging regeneration where infrastructure already exists, reducing needless commuting and making sure that the new development creates mixed, vibrant communities rather than those isolated housing estates we see too often on the edges of our towns. It is about putting what is already in the NPPF—brownfield first, compact growth and protection of the countryside—into statute. I anticipate that the Minister may say, as the Minister said in Committee:

“I agree with the intent behind this amendment; however, it is already comprehensively covered in the National Planning Policy Framework”,—[Official Report, 9/9/25; cols. 1455-56.]


but if we all agree that brownfield first is the right principle, then why leave it only to guidance, which can be changed at will? If it truly is covered, then legislating to secure it should cause no difficulty. If it is not, then this amendment is precisely what is needed.

This is a proportionate and pragmatic step. It strengthens what the Government claim they already believe in, gives local communities greater confidence that brownfield will be prioritised and protects our green belts and villages from unnecessary pressure, and I will be pushing this to a vote when the time comes.

Finally, on Amendment 239, in my name but spoken to by my noble friend Lady Hodgson of Abinger, I do not want to say any more, because she said it all and I do not want to take time repeating it. But this is so important, and again we may divide on this one when the time comes, because this concerns the protection of our villages in this beautiful land.

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

My Lords, I thank all noble Lords who have participated in this very interesting debate for the very valuable contributions we have heard this afternoon. I have engaged with many noble Lords on these matters in the preceding weeks and our debate has focused on something on which I think we all agree, which is the need to ensure that, as we deliver the housing we need, we recognise the importance of green and blue space, sustainability, heritage and the important uses that allow our communities and the people that constitute them to thrive and succeed.

First, I remind noble Lords of my letter regarding the strength and influence that planning policy bears on the protection of vital green and blue spaces across the country, the power it exerts in practice and the degree of flexibility it allows for sensible choices to be made at a local level. The benefits of green space are not in doubt as far as I can see, for all the reasons set out in our debate. That is why there are such strong protections within the NPPF and in the planning system.

I turn now to the amendments we have debated. Amendment 84, tabled by the noble Lord, Lord Inglewood, seeks to ensure that the Gardens Trust is retained as a statutory consultee for planning proposals and that it is considered as a statutory amenity society. The Government have set out their intention to reform the system of statutory consultation. We want a streamlined, effective system of consultation that avoids uncertainty and delay. We will shortly consult on these reforms, including on the impacts of removing the Gardens Trust as a statutory consultee. Historic England already holds statutory responsibilities for higher-graded parks and gardens, so this consultation will help us to deliver a streamlined system and address duplication.

As part of our consultation, we will be very keen to test mitigations to ensure they continue to play a valuable role in protecting our heritage. Planning policy remains key. Registered parks and gardens are defined as designated heritage assets, and they will remain subject to the strong heritage policies protecting these assets in the National Planning Policy Framework. These policies require local planning authorities to carefully consider the impact of a development proposal on a designated heritage asset, and, if the development proposal would cause substantial harm, to refuse such applications.

I note the noble Lord’s proposal about amenity society status with great interest. Amenity societies are not subject to the full requirements of statutory consultation but are notified of relevant development. The Government really value the work of amenity societies, and I will add my own anecdote here about the level of volunteering. I was at our local community awards on Saturday, and I was delighted to see our amazing green space volunteers—across our gardens, green spaces and parks—getting awards. These kinds of volunteers who look after our green spaces—whether in committee rooms or out in the parks themselves—are incredibly valued, as are those who enable and encourage sport and physical activity, which we will come to later. I pay tribute to those who won those local awards on Saturday.

The Government are keen to explore whether this model would be suitable for certain types of development through our consultation. We believe there is an important, ongoing role for the Gardens Trust, working with local authorities and developers. No decision will be made until we have fully considered the feedback on potential impacts from the consultation. My department will continue to engage with the Gardens Trust to understand the impacts of these proposals over the coming months.

The noble Baroness, Lady Willis of Summertown, has tabled Amendment 88, and I thank her for our meeting last week to discuss the importance of networks of green and blue spaces to communities all around the country. I was very grateful for the information and research that she provided both to me and to officials from my department.

The NPPF, which will guide the development of new spatial development strategies, already highlights the need for plans to support healthy communities. I agree with the noble Baroness about equality in the provision of green space. I am grateful to her for agreeing to share the research she talked about, and I am happy to respond in writing to her on that.

I commend the noble Baroness, Lady Boycott, on the amazing work she did during the London Olympics. When I was on one of my visits, I went to see a fantastic project on balcony gardens in Walthamstow, which has also invigorated that community. In my own area, we started a community orchard project. I completely understand the benefits of these types of projects.

Strategic planning authorities already have the ability to set policies that reflect the value of these spaces. Under new Section 12D(4)(c), a spatial development strategy may specify infrastructure that promotes or improves the social or environmental well-being of an area; this could include networks of green and blue spaces.

We should also remember that strategic development strategies will not be site-specific; instead, they will relate to broad locations. Some of the noble Lords who have had meetings with me will be aware that my noble friend Lady Hayman, the Defra Minister, is currently working on a comprehensive access strategy, which will come forward from Defra, to indicate how that meshes in with the planning process. While an SDS may consider green and blue networks at the strategic level, detailed site-specific matters relating to them are likely to be best dealt with through local plans.

Amendment 95 seeks to protect best and most versatile land, and Amendments 96 and 118 seek to encourage a brownfield first principle. I absolutely agree that we need to protect our best agricultural land. To that end, strategic authorities will need to have regard to ensuring consistency with national policy when preparing their spatial development strategies. The NPPF is clear that authorities should make best use of brownfield land before considering development on other types of land, including agricultural. Planning policy recognises the economic and other benefits of best and most versatile agricultural land, and if development of agricultural land is demonstrated to be necessary, areas of poorer-quality land—not in the top three grades that the noble Lord, Lord Roborough, mentioned—should be prioritised. Furthermore, the forthcoming land use framework will set out the evidence and tools needed to protect our most productive agricultural land and identify areas with the biggest potential for nature recovery.

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[Lord Roborough (Con)]

My Lords, I will not make extensive comments on my noble friend Lady Coffey’s Amendment 87, as we will return to EDPs in future groups on Report. However, this amendment does have merit in that EDPs should be a relevant matter for making planning decisions.

My noble friend Lord Banner has expertly introduced Amendments 163A and 163B, and I have nothing to add except my support. I very much look forward to the response from the Minister.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Coffey, for Amendment 87, which would require decision-makers to take account of the environmental delivery plans when making a planning decision under the Town and Country Planning Act. I agree, of course, that it is crucial that EDPs are integrated into the planning system. I hope I can provide the noble Baroness with the necessary assurance that her amendment is not necessary.

At its heart, an EDP enables a developer to discharge a relevant environmental obligation by making a commitment to pay the appropriate nature restoration levy. Once this commitment is made, the legislation removes the requirement to consider that specific environmental impact as part of any wider assessment, as the impact will be materially outweighed by the actions taken under the EDP. Therefore, while the planning decision-maker will need to consider a wide variety of matters when making individual planning decisions, it is not necessary for the decision-maker to consider the EDP itself. I therefore hope that, with this explanation, the noble Baroness will feel able to withdraw her amendment.

I turn now to Amendments 163A and 163B, tabled by the noble Lord, Lord Banner, which would help ensure that the nature restoration fund works effectively for large-scale development. It has always been our intention that Part 3 of the Bill should support development as much as possible. As we have repeatedly said, the nature restoration fund will benefit both development and nature. Therefore, we want to maximise its scope and consequently the benefits it will deliver. I am grateful to the noble Lord, Lord Banner, for tabling his amendments and I have looked at them very closely. As has been pointed out, the restriction in Clause 66 may in fact preclude a proportion of development from being able to come within scope of an EDP at all. Where, as is often the case, a large development needs to vary planning permission, for example, or apply for retrospective planning permission following changes outside of the developer’s control, we need to ensure the NRF can support such development, as failing to do so could significantly reduce the ability of the NRF to deliver the win-win that we all want to see for nature and for development.

While, of course, there will be complexities in how to manage large and complex development, this can be addressed through the design of EDPs and supported with government guidance. As with any development, it will be for Natural England to consider requests, having regard to that guidance. I hope I can reassure the noble Earl that this is not a way of skirting around the planning procedures in any way whatsoever; this is about access to the nature restoration fund, so all of the normal things that apply to planning permission would still apply—this is just about providing that access to the NRF once the development has started. With that explanation, I thank the noble Lord, Lord Banner, for tabling the amendments, for all the work he has done on this and for the meetings I had with him on it. I hope the House will join the Government in supporting his amendments.

[Baroness Coffey (Con)]

My Lords, I beg leave to withdraw my amendment.

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[Lord Roborough (Con)]

My Lords, I will speak briefly to Amendment 87B in the name of my noble friend Lord Lucas. My noble friend is calling for better recording and storage of biodiversity information, which is a noble aim. We agree with him that increasing our understanding of biodiversity in the UK is a good thing. We would support measures from government to support this, so can the Minister please outline some of the steps Ministers are taking to record biodiversity?

Amendments 87FB, 87FC, 203B and 203C in the name of my noble friend Lord Howard of Rising combine to form a constructive proposal for ensuring that bats are appropriately and pragmatically protected, while removing the time and cost burden on everyone in society from the unnecessarily prescriptive and arduous regulations that we currently suffer. Bat protections are a significant hindrance to everything, from loft conversions and roof repairs through to the largest developments.

My noble friend is not suggesting that protection for those species of bats that are endangered or rare in the UK should be weakened, simply that protections should focus on those. We need to accept that our activities are going to have some impact on nature and ensure that our response to that is proportionate. Bats in buildings are an unusual issue in that they do little or no harm to the buildings or inhabitants and are creating their own dependence on our activities. The fact that we provide this habitat should not be a cause for inappropriate encumbrance on the property owner for doing so. We are creating a perverse incentive to remove that habitat for bats wherever possible in order to ensure that we have reasonable freedom to enjoy our property. Surely that is not the outcome we want or desire for bats themselves. I hope the Minister is grateful for my noble friend’s constructive amendments, and I look forward to her reply.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Lucas, for moving Amendment 87B, which would require all biodiversity information generated during a planning application to be submitted free of charge to local environmental record centres. I was very pleased to be able to provide the noble Lord with further information on this matter during Recess.

I also thank the noble Lord, Lord Blencathra, for Amendment 87BA, which clarifies this amendment to require all biodiversity information generated during a planning application to be submitted to the National Biodiversity Network and the Biological Records Centre, in addition to local environmental record centres. The Government fully recognise the importance of robust biodiversity data in planning applications, although the idea of having a new slogan, “Data, baby, data”, would mean I might have to get a new hat with that on it, which may not be such a good idea.

Although we share the intention of improving access to biodiversity data, we do not believe the amendment is necessary. The statutory framework under the Environment Act 2021 already requires developers to provide a baseline assessment of biodiversity value using the statutory metric published by the Secretary of State. This ensures consistency and transparency without prescribing how data should be shared or stored. When discharging the biodiversity gain condition, applicants can choose to share their data with local environmental record centres, and many are already choosing to do so—I will come to the noble Lord’s point about how many in a moment.

Introducing a legal requirement to submit data would add administrative burdens and technical requirements without improving biodiversity outcomes. However, I will take back to officials the noble Lord’s point that this is not happening as intended to consider what further encouragement we might give to help speed that data on its way. For these reasons, I hope that the noble Lords will not press their amendments.

I thank the noble Lord, Lord Howard, for Amendments 87FB and 87FC, and for his concern in supporting the Government in what we are trying to do; I am grateful for that. Those amendments concern bat inspections during planning applications and the quality of those inspections. I also thank him for Amendments 203B and 203C, which concern legal protections for bats in planning decisions. The Government are committed to protecting our most precious species and upholding our international obligations towards the environment, including bats. However, we recognise that people can experience the kinds of costs and delays that the noble Lord has outlined associated with the existing system of bat protections, such as survey requirements.

The Government recognise that measures to protect bats should be efficient and proportionate. That is why we have already begun work to improve the bat surveying processes. Natural England’s earned recognition scheme for bat licences provides a streamlined route to securing a licence. Under this scheme, appropriately qualified bat ecologists with membership of an approved professional body can act more independently of Natural England. Through earned recognition, permissions are secured on average three to four times more quickly, and it also aims to improve survey quality to deliver better outcomes for bats. We are expanding this scheme.

In line with recommendations from the Corry review, Natural England has already updated its standing advice for local planning authorities on bats to remove complexity and duplication. In November, Natural England will publish a bat regulation reform road map, which will set out further plans to work more closely with planning authorities and to streamline licensing—for instance, expanding its pre-application advice offer, which can expedite planning applications and avoid unexpected surveys, as well as developing pilots to test quicker and cheaper survey options.

The Government are already acting on this issue. The additional reviews and regulations that the noble Lord’s Amendments 87FB and 87FC would require are therefore unnecessary and would create significant new bureaucracy. Furthermore, Amendments 203B and 203C would result in likely non-compliance with international law, including the Bern convention. Given the explanations I have set out, I hope that noble Lords will not press their amendments.

Amendment 87BA (to Amendment 87B) not moved.

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[Baroness Scott of Bybrook (Con)]

My Lords, although I appreciate the spirit in which this amendment is brought forward and the specific issues it raises, it would introduce a level of prescription that may not be necessary. The planning system already provides mechanisms for consultation with relevant bodies, and it is important that we maintain a balance between thorough engagement and procedural efficiencies. We must be cautious not to overextend statutory requirements in ways that could complicate or even delay the development consent process. Flexibility and proportionality are key. As ever, my noble friend Lady McIntosh raises important issues. We look forward to the Minister’s reply.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 87FA, tabled by the noble Baroness, Lady McIntosh, seeks to ensure that water and sewerage undertakers are consulted by applicants for development consent orders. I begin by acknowledging her long-standing interest in ensuring that infrastructure development is undertaken responsibly, with due regard to environmental and public health concerns.

The importance of early engagement with key stakeholders in the planning process is definitely not in dispute. Indeed, the Government remain firmly committed to ensuring that meaningful engagement takes place at the formative stages of project development and where stakeholders are able to meaningfully influence, where appropriate.

As has been made clear in the other place by my honourable friend the Minister for Housing and Planning, the Government have already taken steps to streamline the statutory consultation process under the Planning Act. Section 42, which this amendment seeks to modify, will be repealed via Clause 4. This reflects a broader concern that the statutory requirements for pre-application consultation were not functioning as intended, leading to delays, excessive rounds of engagement and an ever-growing volume of documentation.

That said, I want to reassure noble Lords that this does not mean that issues relevant to stakeholders will be ignored—quite the contrary. Under the Bill, the Secretary of State will issue guidance to assist applicants with the steps they might take in relation to submitting an application. The Government acknowledge that stakeholders play a vital role in safeguarding public health and environmental standards, and the importance of their input and engagement will be made clear in guidance. The guidance will include expectations of who the applicant should consider engaging with and would positively contribute to a scheme focused on delivering the best outcomes for projects, and its impact on the environment and communities. This may include engaging with relevant statutory undertakers, such as water and sewerage undertakers, where it is beneficial to do so.

To be clear, the removal of statutory consultation at the pre-application stage does not remove various organisations’ ability to actively participate and influence an application through registering as an interested party. Statutory bodies will still be notified if an application is accepted and will be provided with the opportunity to make representations under Section 56 of the Planning Act 2008.

This amendment risks re-adding statutory complexity after the Government have responded to calls to simplify the system through Clause 4, which repeals statutory pre-application consultation. This has already been agreed and is not under debate.

In this context, although I appreciate the noble Baroness’s intention to strengthen the role of water and sewerage undertakers in the planning process, I must respectfully resist the amendment in the light of the planned changes to pre-application consultation associated with applications for development consent. I hope that, with these assurances and noting the inconsistency with Clause 4, the noble Baroness will consider withdrawing her amendment.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to all those who have spoken and in particular for the support from the noble Baroness, Lady Grender. I omitted to declare my interests: I am co-chair of the Water APPG and an officer of the Flooding and Flooded Communities APPG.

I am a little disheartened by the Minister’s response because it sounds like a retrograde step, and one that is not in keeping either with the conclusions set out in the cross-party Environmental Audit Committee’s report or with the Cunliffe report. The Water APPG met Sir Jon Cunliffe last week, and he is under the clear understanding that a water Bill—not a water bill as in water rates but another piece of legislation—will be coming down the track to implement many of his recommendations. I will watch this very carefully and consider how to proceed. I beg leave to withdraw the amendment.

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[Lord Jamieson (Con)]

My Lords, Amendment 87FD, tabled by the noble Baroness, Lady Pinnock, seeks to prevent larger developers applying for or undertaking major developments until the Secretary of State has revised the responsible actors scheme to ensure that all unsafe blocks of flats are remediated. We urgently need the remediation of unsafe blocks of flats. We recently debated this in Grand Committee, and we sought and received assurances from the Minister that remediation work will be completed as per the Government’s deadlines of 2029 and 2031. We on this side of the House are committed to holding the Government to account on delivering this remediation, but with a housing crisis and over 350,000 people living in temporary accommodation, we also need to build the safe homes we desperately need.

[Baroness Taylor of Stevenage (Lab)]

I am grateful to noble Lords for raising these important issues with their Amendment 87FD on the remediation of buildings by developers and I pay tribute to the noble Earl, Lord Lytton, and the noble Baroness, Lady Pinnock, for their tireless support for residents since the Grenfell Tower tragedy. I understand that the amendment is intended to protect residents and leaseholders. Unfortunately, its effect would be to slow remediation and risk stopping essential housebuilding.

I can reassure the noble Baroness, Lady Pinnock, that there has been no relaxing of the Government’s determination to deal with the significant remediation actions outstanding from Grenfell. I spoke to my honourable friend Minister Dixon just last week. She has now picked up the urgent action needed to accelerate remediation. She has already visited the Grenfell site, and I am pleased to hear that she has met Mrs Walker and other members of the Grenfell community. I know she takes her responsibility extremely seriously and she will continue the work of Minister Norris in dealing with this as quickly as possible. There will be a further opportunity in the very near future for this House to debate the issues of building safety and remediation, including their interaction with this Government’s bold ambitions on housing supply.

Amendment 87FD is intended to prevent members of the responsible actors scheme receiving new planning permissions or building new housing developments until the Government make fundamental changes to the scheme to require developers to remediate additional types of defect and apply a different approach to the remediation of external walls. In practice, this would mean that over 40 of the largest housebuilders in England would have to stop building new homes until the Government made changes to an essential remediation scheme that we assess would delay and undermine progress.

This landmark Bill is intended to get Britain building again, unleash economic growth and deliver on the promise of national renewal. It is critical in helping the Government to achieve the ambitious plan for change milestone of building 1.5 million safe and decent homes in England during the current Parliament. It is simply not compatible with the aims of the Bill to include a measure which would stop the largest housebuilders in this country building new homes. It would lead to major market uncertainty and disruption. Nor would the proposed changes to the responsible actors scheme serve the interests of residents and leaseholders, as they would delay remediation of their buildings for years.

Over 50 major developers have signed developer remediation contracts with the Government and committed to fix life-critical fire safety defects in over 2,370 buildings, at a cost of approximately £4.7 billion. This is supported by the statutory responsible actors scheme, which enables the Secretary of State to impose severe commercial consequences on any eligible developer who fails to follow through on their remediation obligations. Since signing the contracts, developers have assessed over 90% of relevant buildings and have started or completed works on 44% of buildings known to require works. This amendment would require fundamental changes in the responsible actors scheme by requiring developers to identify a different set of defects and require remediation to a different standard. Attempting to make those changes to the statutory scheme would undermine the remediation contracts that developers have signed with government. The result would be disastrous for residents and leaseholders, leading to long delays, operational and legal confusion, and uncertainty. Essential works to protect people could be set back by years.

The current approach to remediation under the developer remediation contract is proportionate and appropriate and uses PAS 9980, the same standard for external wall remediation as the Government’s wider remediation programme. The PAS 9980 standard is used for external wall system remediation because we are focused on mitigating risks to life safety, taking an evidence-based and proportionate approach. External wall remediation is assessed based on a fire risk appraisal of external walls which suggests remedial work or mitigation to improve a building’s risk rating through a holistic and fact-based assessment of its construction. Removal of combustible materials is often recommended but is not always necessary, including when other mitigating measures are taken. This proportionate approach to cladding remediation aims to manage fire risks and make sure that residents are safe, while preventing the kind of unnecessary works that can also be incredibly disruptive for residents.

To pick up the points made by the noble Earl, Lord Lytton, about insurance, we are clear that more needs to be done to protect leaseholders from very high insurance premiums. The fire safety reinsurance facility led by the Association of British Insurers and reinsurance broker McGill and Partners launched in April 2024. The facility aims to increase capacity in the market and may reduce high premiums for some of the most affected multi-occupancy buildings with fire safety issues. The facility has been renewed for a second year and is a viable option for building owners trying to find the best deal for their residents. In the first 12 months, over 760 buildings have been supported by the facility and now more buildings may benefit from the cover available, as the claims limit has increased to £75 million. In the remediation acceleration plan announced, we would work with the insurance industry to consider options for possible government support. We are currently engaging with industry and will provide an update on all this in due course.

This amendment has raised important technical issues about the remediation process. We cannot do full justice to them tonight, but there will be further opportunities for this House to debate the remediation of buildings at much greater length during the passage of the upcoming remediation Bill. I look forward to that opportunity. What is already clear, however, is that the amendment we are looking at tonight would undermine the core purpose of the Bill by greatly delaying work to remediate buildings, as well as putting at serious risk critical work to build new homes. Given these very serious concerns, I urge noble Lords to withdraw this amendment.

[Baroness Pinnock (LD)]

I thank the Minister, the noble Earl, Lord Lytton, and the Conservative Front Bench for taking part in this debate, but I am thoroughly disappointed by the remarks of the Minister and the noble Lord, Lord Jamieson. It is not an either/or. How can it be an either/or? According to the Minister’s response, either we enable housebuilders to build more homes or we accelerate even further the remediation of flats that are in a dangerous condition. It should not be either/or; it should be both/and. There is capacity within the housebuilding industry to do that.

[Baroness Taylor of Stevenage (Lab)]

I think I made it clear that the danger in the amendment is in doing just what the noble Baroness has spoken against. We want to move the remediation acceleration forward as quickly as possible, at the same time as building new homes. The danger with this amendment is that it slows the whole thing down and means that neither the remediation nor the building of new homes gets done quickly.

[Baroness Pinnock (LD)]

Unfortunately, I do not accept the Minister’s argument because, under the Government’s own remediation acceleration scheme, it will take another six or seven years for people to have their homes made safe. How is that right? We heard the compelling arguments from the noble Earl, Lord Lytton, about the 1.7 million leaseholders who will be required to pay many thousands of pounds to make their own homes safe when it is not their fault. It is not acceptable that we are still here, all these years after that awful fire at Grenfell Tower, trying to debate yet again what is going on.

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[Lord Roborough (Con)]

My Lords, I rise to speak to my noble friend Lord Lucas’s Amendment 87G. In doing so, I draw the House’s attention to my declaration of interests, in particular as a landowner in the Dartmoor National Park.

My noble friend is right to say that national park authorities should be considered fully in the planning process to underpin the importance of protecting national parks. I would be most grateful if the Minister could be very clear on the current role of national parks in the planning process, and I hope she can reassure my noble friends that will continue to be the case in spatial development strategies. I look forward to hearing her reply.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 87G tabled by the noble Lord, Lord Lucas, seeks to ensure that the Secretary of State can establish strategic planning boards in areas that include a national park. As I explained in Committee, an SDS area is defined in new Section 12A which the Bill will insert into the Planning and Compulsory Purchase Act 2004 as the area of the strategic planning authority preparing the spatial development strategy. The strategy area encompasses all local authorities, including local planning authorities, such as national park authorities. Therefore, the Secretary of State could already use the power in new Section 12B to establish a strategic planning board covering an area with a national park or part of a national park.

In response to the comments from the noble Lord, Lord Roborough, about the role of the national park authorities, I say that while national park authorities will not sit on boards, they will have a very important role to play in the preparation of spatial development strategies. We will expect boards and other authorities with national parks in their areas to engage closely with national park authorities to ensure these valued areas remain protected. National park authorities will continue to prepare local plans for their areas which will set out policies on the use and development of land. There is no change to the role of the national park authorities in preparing those local plans for their areas.

The strategic planning boards will be established through statutory instruments after the Bill receives Royal Assent. The constituent authorities will be formally consulted on the draft statutory instruments ahead of them coming into force, as is required by new Section 12B(4).

With these explanations, I hope the noble Lord will be able to withdraw his amendment.

[Lord Lucas (Con)]

My Lords, I see I have not won the argument, so I beg leave to withdraw my amendment.

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[Baroness Scott of Bybrook (Con)]

My Lords, Amendments 89 and 97, tabled by the noble Lord, Lord Best, would mean that the homes we build must reflect the needs of our population. In an ageing society and one where the nature of disability is changing, this becomes ever more urgent. Accessibility and adaptability are not luxuries; they are the foundations of a fair and future-proof housing system. We are therefore grateful to the noble Lord for bringing back this important debate on Report and thank him for his tireless work on these issues.

On Amendment 91, tabled by my noble friend Lady Hodgson of Abinger, more homes are important—of course they are—but homes that respect local character, reflect vernacular and are, quite frankly, pleasant to look at are important too. Having scrapped the Office for Place and having not implemented the LURA requirements for design statements alongside local plans in local planning authorities, the Government appear to be riding roughshod over the very principles of good design and placemaking that Parliament sought to embed in legislation.

What are the Government going to do to uphold and protect the principles of design quality, to ensure that places we build are not only affordable and efficient but beautiful, sustainable and built to last? I am delighted that the noble Baroness, Lady Thornhill, shares this sentiment. She will speak to her Amendment 92 in the next group, which seeks to strengthen the same call.

On Amendment 112, also tabled by the noble Baroness, Lady Thornhill, as we said in Committee, stepping-stone accommodation is an idea with real potential and one that speaks to a compassionate and practical approach to housing need. But, as ever in this House, we must balance principle with practice. I support wholeheartedly the spirit of this amendment, but I sound a note of caution. Our existing space standards were developed for good reason. They exist to prevent a return to poor-quality housing—the rabbit hutch flats of the past—homes that compromise health, dignity and long-term liveability.

If we are to disapply or adapt such standards in specific cases, we need to do so with clear safeguards in place. The noble Baroness has helpfully proposed a specific minimum size and has begun to flesh out the practicalities of this proposal—that is a constructive way forward. But before we enshrine such figures in legislation, there should be a proper consultation both with the sector and, crucially, with those we seek to serve.

Stepping-stone accommodation could play a valuable role in tackling housing need, but it must be done right. It must offer dignity, not just a stopgap. Above all, it must serve the people it is designed to help, not simply the pressures we have in the system at this time.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank noble Lords for tabling these amendments relating to housing design, accessibility and homelessness solutions.

Amendment 89 would require spatial development strategies to ensure that new housing meets the needs of older and disabled people. While I cannot pre-empt the forthcoming national housing strategy, I am sure the Minister in the other place has listened carefully to the noble Lord, Lord Best, and others, on the growing importance of ensuring we provide sufficient suitable housing for older people and those with disabilities. I say to the noble Lord, Lord Blencathra, that I do not know about bungalows, but at this rate I am going to be given a whole wardrobe of hats to wear, which I look forward to.

The Government firmly believe that providing suitable housing for older adults and people with disabilities is essential to supporting their safety and independence. However, I do not agree that the noble Lord’s amendment is needed to achieve that outcome. Local planning authorities already have the tools to support the delivery of homes that are accessible and adaptable. The National Planning Policy Framework sets out that authorities should assess the size, type and tenure of housing required by different groups—including older and disabled people—and set clear policies to address these needs. That is why I spoke earlier about having a sufficient quantity of housing, and local authorities are best placed to assess that need.

Authorities can also apply enhanced technical standards from the building regulations through planning conditions. Where there is clear evidence of local demand, authorities are expected to use these standards to help ensure a sufficient supply of accessible homes. That may include specifying the proportion of new housing built to M4(2) and M4(3) standards. The Bill also already enables strategic planning authorities to address this issue, where it is considered to be of strategic importance to the area. I therefore ask that the noble Lord withdraws his amendment.

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[Baroness Thornhill (LD)]

I absolutely understand those points; as a localism person, obviously I agree with that. However, the key issue is that planning officers are playing “safety first”. Their immediate response is, “No”, for the reasons that the noble Earl, Lord Erroll, set out earlier. Is there any way we can strengthen the guidance to refer to “stepping stone” accommodation as something that the Government might look favourably on or permit? The current experience is that planning officers are hitting a brick wall each time. I totally understand why it cannot be in the Bill, but I do not see why we cannot put something into guidance that strengthens their arm when they sit down at the first meeting to discuss the matter.

[Baroness Taylor of Stevenage (Lab)]

I am very grateful to the noble Baroness for making those points. The best thing might be to have another meeting outside the Chamber to discuss what we might do. I understand the point she is making; perhaps planning officers are being overly cautious because they do not recognise that they already have such a power. I am happy to meet her outside the Chamber to discuss how we might move forward on that issue. I am very keen that this does not go into the Bill, because if it did, it would risk undermining the work that has been done over many years to improve the space standards that we already have for our homes. They were hard fought for and hard won, so I do not want this proposed provision to undermine them.

[Lord Best (CB)]

My Lords, I am very grateful for the support, including from the Minister, both for the extension of M4(2) standards to all homes and for a handful of them to be for full-wheelchair use, such as the kind that the noble Lord, Lord Blencathra, spoke of.

I say to the noble Lord, however, that we are not talking about ripping out kitchens or showers but about putting in showers or other amenities that work for everybody. This is about having accessible standards for new builds only; this is not about retrofitting existing properties. Just a minority will comply with the M4(3)—full wheelchair—standards, but all homes would be built at least to M4(2). I have been responsible for building a large number of these homes and the use of these standards has not broken the bank, so I know that it is possible. I am grateful for the support for this happening.

The Minister said that the national housing strategy may say something about both accessible housing and housing for older people. I look forward to seeing that and hope that it is entirely positive. At this point, I beg leave to withdraw my amendment.

Unauthorised Entry to Football Matches Bill

Baroness Taylor of Stevenage Excerpts

2nd reading
Friday 24th October 2025 Lords Chamber

[Lord Mann (Lab)]

My Lords, that shows the ingenuity that doubtless may have been attempted. I am considering when that could be used, before the Bill becomes law, to assist the noble Lord in accessing a certain match that he is keen to watch.

There are other points that need considering by the noble Lord, Lord Brennan, and the Committee. First, facial recognition is coming in. Serie A already has facial recognition; it is not in widespread use, but the technology is required in Italy. There are certainly two Premier League clubs that are bringing in facial recognition for part of their stadium at the moment. I do not say that the interesting question of facial recognition “coincides”, but it sits alongside this.

Secondly, there is the issue of political agitators, whose aim is to get on the pitch—they have attempted to do so—and the question of players’ safety in relation to that is a factor. I think the last recorded case was an environmental protester of some kind getting on a pitch, but that is a serious issue in relation to player safety, which has rightly been taken as more important in recent times. That would actually back up the crusade of the noble Lord, Lord Brennan, to have this legislation come into place.

Thirdly, on policing issues, the last time this was a major problem in English football was not the Euro final. It was on 30 November 2023 at Villa Park, the home of Aston Villa. In a UEFA fixture, a club called Legia Warsaw from Poland were playing. The police and the safety advisory group of Birmingham City Council had not banned Legia Warsaw fans; in fact, 1,002 tickets had been sold to them, and they came to the fixture. Their numbers had been restricted, but another 1,000 came and attempted to force entry into the stadium, causing huge safety issues and immediate action by the matchday commander from the police and Aston Villa Football Club, who then closed the turnstiles and created other disorder outside as fans, both with and without tickets, could not get entry. That issue was identifiable; Legia Warsaw has had 35 fines from UEFA for fan behaviour.

For anyone who wants to know about hooliganism in football, hooligans put their stuff online. There are now websites and social media that are openly available for everyone to see. If anyone wants to know who causes the most problems, who are the worst, the nature of those problems and when they are most likely to occur, there is publicly available information. Legia Warsaw is known for being in the highest category of ultra-fans, given the problems they cause. They are a significant group of hooligans, as that term is used. This Bill will complement that. There was no collusion with staff there. It was an attempt at a forced break-in at a stadium.

I note that there is inaccurate discussion in the media at the moment of that incident and about policing. I have a report in front of me, an official police report, which I would like to quote from a little, because it is about another set of football supporters who are characterised in it as fanatical. The report says:

“This is expressed, among other things, in the lighting of flares”,

but,

“according to UEFA … and our police, there is no animosity between”

them and the supporters of the team they were playing, and this was not a high-risk match. This was Maccabi Tel Aviv playing Ajax in Amsterdam in November last year.

The report goes on to say that there was

“a special context, because of the war in the Middle East”.

The fixture also coincided with the national Kristallnacht commemoration in Amsterdam. There was “a daily pro-Palestine demonstration” at the railway station. This is from the official report, and there were supporters from a third club present in the city at the time: Fenerbahçe supporters, from Alkmaar in the Netherlands.

I want to quote regarding a couple of incidents, because this has been put in the media wrongly, not factually. This is the official statement of facts—the feitenrelaas—from the Dutch chief crown prosecutor, or whatever the equivalent title is, and the chief of police for Amsterdam. It is something that could be considered in this Bill. Should there be a statement of facts every time there is an incident? It is a requirement in the Netherlands to have a statement of facts. The night before the fixture, on a street called the Rokin, the report says that

“Around midnight … 50 Maccabi supporters pull on a Palestine flag hanging on a facade”.

That flag was removed and the video footage of it is on hooligan websites. It was put on by a Maccabi ultra-fan, one of those 50. A taxi was attacked at the same time on the same street, and other taxis were damaged. The hooliganism then was an issue and a problem.

The following day, the football match took place. During the day—the match was on an evening—there was one arrest by the police for a disturbance of the public order. There were no clashes between the fans or with local people. The football match took place, though there had been a problem because pro-Palestine demonstrators had attempted to go to a square in Amsterdam called Anton de Komplein. The report says:

“Upon arrival, this group splits up into small groups in search of the confrontation at the Arena”.


That is the Amsterdam arena: the football stadium of Ajax. Those are the specifics and the police deployment was there.

Additionally, it says in the next paragraph that there were

“social media messages confirming that there are groups … looking for a confrontation with Maccabi supporters”.

The police handled that throughout the day without such confrontations. However, the report goes on:

“After midnight, the problems arise due to small groups of rioters spread through the city centre and adjacent neighbourhoods. These groups commit violent hit and run actions, targeting Israeli supporters and people going out. These incidents take place in various places in the city centre”,


and it lists the 14 streets where that happened. It says:

“The police follow up on all reports”,


and the police patrol intervenes,

“where threats are visible and manage to keep rioters at a distance from Israelis. The police can prevent many incidents in this way. Nevertheless, rioters manage to commit serious assaults, resulting in injuries among Maccabi supporters. It appears to be particularly difficult for the police to take action against such flashpoints. Rioters move in small groups, on foot, by scooter or car, briefly attack Maccabi supporters and then disappear again … Loose groups of Maccabi supporters are gathered”,

and the police basically say that this quickly dissipates over time as the number of rioters disappears.

[Baroness in Waiting/Government Whip (Baroness Taylor of Stevenage) (Lab)]

May I remind the noble Lord of the advisory speaking time in this debate, please?

[Lord Mann (Lab)]

I shall be brief, because this is the last point I want to make from the report. It says:

“Several people were injured, five of whom were treated in hospital”.


Those five, I can confirm, were Israelis. It continues:

“Twenty to thirty Israeli supporters with minor injuries were taken in by the Jewish community”.


Now that is from the report of the chief of police. It goes on to detail the people who were arrested and where they were from. There were 49 Dutch arrested and 10 Israelis during that period. There were more Dutch arrested in the consequential days. That is a statement of fact from René de Beukelaer, the chief prosecutor, and the police chief, Peter Holla.

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[Baroness Taylor of Stevenage (Lab)]

I remind the noble Lord that he is now well over his time. Can he please bring his remarks to a close?

[Lord Mann (Lab)]

The relevance of this is that the purpose of the Bill is to ensure safety at football matches. The interaction between the Bill and the need for guidance and guidelines, including for the police, on how it would be best used is fundamental to its success. Otherwise, what happens is that people will put things on social media suggesting that they are the facts of what happened, but those facts are fundamentally inaccurate. Having the Dutch system of a statement of facts as a potential amendment to this Bill would make a big difference.

Absent Voting (Elections in Scotland and Wales) Bill

Baroness Taylor of Stevenage Excerpts

3rd reading
Friday 24th October 2025 Lords Chamber

[Lord Jamieson (Con)]

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

The Bill is most welcome, and I thank the noble Lord, Lord Murphy of Torfaen, for bringing it forward. It makes the necessary provisions to ensure that, where divergence has arisen across the whole of Great Britain, shared democratic values are brought into closer practical alignment. In doing so, it strengthens the unity of our democratic system while respecting the distinct identities of the devolved nations. We on these Benches have always sought to bridge the gaps between the constituent communities that make our country so unique and vibrant.

It is right to acknowledge that the Bill builds on the work of the previous Government, including the Elections Act 2022, which took important steps to reinforce the security and transparency of our democratic processes. That Act introduced measures such as digital imprints on online campaign materials and enhanced security for political funding—reforms that were both timely and necessary. It is therefore regrettable that legislative consent was not granted for those measures at the time. This Bill now goes some way to mitigate the effect of those divisions.

I also reiterate what my noble friend Lady Scott said at Second Reading: I urge the Government to reconsider any proposals to dilute voter ID requirements. Today we are legislating to make voting easier while maintaining appropriate safeguards. We must not, at the same time, take steps to weaken the security of our elections.

Finally, accessibility is vital, but so too is security. Protecting the integrity of our elections by guarding against fraud or interference is a core duty of any responsible Government. In the other place, my honourable friend Paul Holmes rightly called for Ministers to

“take decisive and proactive steps…to prevent malign influence, whether domestic or foreign”—[Official Report, Commons, 4/7/25; col. 594.]

as we modernise and reform our systems. I would therefore be grateful if the Minister could use this opportunity to set out what specific steps the Government are taking to uphold that commitment.

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

My Lords, I thank the noble Lord for his comments. I thank all noble Lords for their contributions to and support for the Bill, and particularly my noble friend Lord Murphy of Torfaen for his stewardship of the Bill through this House.

Our democracy remains at the heart of our Government’s purpose and mission. On the point made by the noble Lord, Lord Jamieson, the Government will bring forward a number of changes in the forthcoming elections Bill, which will come before this House in due course; we will have the opportunity to discuss these matters further at that point.

I thank my noble friend Lord Murphy for his excellent contribution to our democratic process.

[Lord Rennard (LD)]

Before the Minister sits down, I note that I agree with some of the comments of the noble Lord, Lord Jamieson, if not all of them. He makes some good points about the different gaps in and problems within our election laws. In our Second Reading and Committee debates, many of us across the House spoke about the need to consolidate properly all election laws.

We recognise that the noble Lord, Lord Murphy, has done extremely well in bringing this Bill forward— I shall call it a small, tidying-up measure. It is still a very important principle that people in Scotland and Wales can apply online to vote as absent voters; that should probably have been done in 2022, without needing a Private Member’s Bill. We frequently have debates in which the expertise in this House highlights the need, as the law commissions keep emphasising, for proper consolidation of election laws, bringing together the legislation of 2000 and the old legislation of the Representation of the People Act. Can the Minister say a bit more about the Government’s intention regarding consolidating election law in general?

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord, Lord Rennard; he is right to flag up that more work is to be done on elections. That is why, in response to the noble Lord, Lord Jamieson, I referred to the forthcoming elections Bill. I am sure that noble Lords in this House, where there is indeed a great deal of expertise in election matters, will want to contribute to that Bill as it comes forward.

I hope we will be able to incorporate many of the matters we have discussed over the years that have been missed out of the elections process or need further tightening because of current circumstances— I believe that the noble Lord, Lord Jamieson, was referring to that too. We have seen a significant change in the way things operate, so we need to make sure that election law keeps up with that. That is our aim as we bring forward the elections Bill, and I look forward to the contributions of all Members of the House when we do so.

Chinese Embassy

Baroness Taylor of Stevenage Excerpts

Thursday 23rd October 2025 Lords Chamber

[Lord Robathan]

To ask His Majesty’s Government whether the recent collapse of the case involving allegations of spying will be taken into account in the planning decision for the Chinese Embassy at the old Royal Mint.

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

My Lords, I understand the noble Lord connecting the two things, but Ministers will take all material planning considerations into account when the final decision is made. Planning Ministers must take decisions following the quasi-judicial process that applies to planning, meaning that they must take decisions fairly based on evidence and planning rules. The Government are committed to the probity of the planning process at all levels to ensure robust and evidence-based decision-making, and this is a decision for the MHCLG Planning Minister, independent of the rest of government.

[Lord Robathan (Con)]

My Lords, this issue will go on and on; indeed, there was a UQ down in the other place this morning. I am not asking about the incompetent wannabe spies; I am asking about the Government’s motivation. The Prime Minister called in this application, as we know, following a discussion with Xi Jinping. A Chinese official asked the UK Government

“to fulfil its obligations and honour its commitments”.

It appears that the Government are quite literally kowtowing to the Chinese. Will the Minister assure the House that the warnings given by the security services and others will ensure that this embassy application is refused?

[Baroness Taylor of Stevenage (Lab)]

I am not going to give the noble Lord that assurance from the Dispatch Box. The matter is, as I said, being considered properly on planning grounds. We do not recognise the statement that he made as coming from Chinese officials. The first duty of government is to ensure our safety and security, of course, but all relevant planning considerations will be taken into account when making a decision on this case. The decision being taken by MHCLG is in line with all statutory provisions that apply to planning decisions. The inspector’s report was received by the department on 10 June. That will form part of the final decision and will be released alongside it, as will any other documents and representations that were made during the course of the consideration of the planning application.

[Lord Pannick (CB)]

The Minister mentions that all relevant planning considerations will be taken into account. Is it a relevant planning consideration that this country needs a new embassy in Beijing?

[Baroness Taylor of Stevenage (Lab)]

I am going to have to keep repeating the same thing, I am afraid. The material that is relevant, the material considerations that come forward under the planning decision, will be released at the time of the planning decision. It is very important that we keep openness and transparency at the heart of any planning decision we take. Those documents will be released alongside the decision of the Minister by 10 December.

[Lord Berkeley (Lab)]

My Lords, will the Government take into account that the proximity of the new Chinese embassy to the Tower of London would facilitate sending any spies there that anybody seems able to dream up?

[Baroness Taylor of Stevenage (Lab)]

I really am going to sound like a stuck record this morning, I am afraid. I am very aware of the proximity of the Tower of London to the proposed site for the Chinese Embassy. The documents that were considered in the original planning application by Tower Hamlets Council are all on the Tower Hamlets website. New material that has been submitted since the public inquiry in February will be made available at the time that the decision is released in December.

[Lord Fox (LD)]

My Lords, the noble Baroness is doing well to stick in the groove of her stuck record and play this as a straight planning issue, but we all know that it is much more than that. Sir Keir has said that the Government seek a long-term and strategic relationship with China. We all know that, for a relationship to succeed, there must be gives and there must be takes, and it is quite clear that China really wants this embassy. If the Government accede to this request, what are they expecting to get in return?

[Baroness Taylor of Stevenage (Lab)]

I am going to repeat what I said.

[Noble Lords]

Oh!

[Baroness Taylor of Stevenage (Lab)]

I am sorry, but this is the case with planning. Anyone who has any experience with planning, as I am sure the noble Lord does, will know that that is the case. Planning has to be considered according to the material considerations of a planning application. There were a number of material considerations in the original application considered by Tower Hamlets, and there was a public inquiry in February on this, where the planning inspector took a number of other considerations into account. Since that time, information has been requested of the applicant, and that information and the answers to it will be released at the time of the planning decision. I do not think it is helpful to comment any further on that. We know that the first duty of government is to ensure our safety and security, so I am sure that when we hear about the decision, we can consider whether we think that has been done adequately in this case.

[Lord Garnier (Con)]

My Lords, it was my experience when serving as a law officer that the Director of Public Prosecutions—in my time, Keir Starmer—would come and see the law officers every three or four weeks to discuss criminal cases of particular sensitivity and significance. It was also highly likely—and it was certainly my experience—that the Planning Minister would come and discuss matters of political and planning significance. Common sense and experience tell me that that will have happened between the DPP and the Attorney, and between the Planning Minister and the law officers’ departments in the recent past. Could the Government please get off the hook of using expressions such as “We do not recognise”, and other weaselly forms of excuse, cut to the quick and start telling the truth about what is going on?

[Baroness Taylor of Stevenage (Lab)]

I think there are quite a lot of weaselly words going around in here today anyway. Whether the Attorney-General has been advising the Planning Minister or not is a matter for internal consideration. We do not normally release information relating to internal advice that has been provided to Ministers, as the noble and learned Lord will be perfectly well aware. That has happened under all Governments, so I am sure he knows that. The documents relating to this case will be released with the planning decision in December.

[Lord Harris of Haringey (Lab)]

My Lords—

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[Lord Harris of Haringey (Lab)]

My Lords, I do not wish to put my noble friend in the position of having to repeat the mantra that she has had to issue several times already, but could she tell us whether, in any planning application which goes to Ministers for consideration, it would indeed be normal practice for the applicant to have made clear the use of all of the spaces in the application concerned?

[Baroness Taylor of Stevenage (Lab)]

On 6 August, a reference back letter was sent to parties seeking further information to assist Planning Ministers in reaching a decision on this case. This related to a representation from the Foreign and Commonwealth Office and the Home Office relating to the consolidation of existing diplomatic premises and site security and redacted drawings originally submitted by the applicant. Referring back to parties is routine when further information is required. That information has been forthcoming and is now being considered.

[Lord Stirrup (CB)]

My Lords, I am somewhat puzzled by something that the Minister said earlier and wonder whether she could clarify—

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[Lord Stirrup (CB)]

I am obliged to the noble Lord. Is the Minister saying that, if the Cabinet takes the view that national security is being compromised, the Prime Minister is unable to overrule a decision by the Planning Minister?

[Baroness Taylor of Stevenage (Lab)]

The planning decision will be taken on material planning grounds by the Planning Minister, having had all the material information that is required to take that decision submitted to them. That decision will be announced together with the documents and the information that was used to make it on 10 December.

[Lord Jamieson (Con)]

My Lords, I too will provide the Minister with an opportunity, so to speak, to get out of the groove. Ministers have delayed the decision on the proposed Chinese embassy. Can the Minister confirm whether our security services have had sufficient opportunity to feed into the planning decisions on the project? Will the Government consider amending the Planning and Infrastructure Bill to strengthen the provisions about planning applications with major security implications?

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[Baroness Taylor of Stevenage (Lab)]

Regarding the delay, given the detailed nature of the representations that have been provided there was a need to give parties sufficient opportunity to respond. That is why there has been a delay in the planning decision. MHCLG considered that there was more time needed for full consideration of the applications but, as the noble Lord will know, having great experience in planning, a variation to the timetable is routine when additional time is needed for that determination or to consider new information.

Planning and Infrastructure Bill

Baroness Taylor of Stevenage Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Lord Moylan (Con)]

My Lords, I cannot resist a brief anecdote. When the inner ring road was being built around Birmingham’s city centre in the 1960s, the highways department at Birmingham City Council approached the Catholic Archbishop of Birmingham and said that, unfortunately, both the Pugin-designed Catholic cathedral and the Pugin-designed archbishop’s House next door to it would have to go to make way for the road. When the archbishop entered a modest word of protest against this loss, querying whether it was entirely necessary, the result was that the courteous gentlemen of the highways department went away and rethought the plans somewhat and the archbishop was given a choice: he could lose either the Pugin-designed cathedral or the Pugin-designed house. That explains why, to this day, the cathedral still stands but the house has long since gone. Happily, that approach to heritage is not something that we would see today.

At this point, I wish merely to congratulate those Members of your Lordships’ House who have spoken so clearly and valiantly against the original proposal in the Bill. I also thank the Government for listening, because what was originally proposed really was unsustainable; what we have now is a great deal more acceptable.

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

My Lords, in speaking to Amendments 48 and 50, I shall later move government Amendments 49, 51, 66, 258 and 260. I thank the noble Lord, Lord Parkinson, and the noble Baronesses, Lady Pinnock and Lady Bennett, as well as the other noble Lords who have raised this issue during the Bill’s passage. I also thank Peers for their time during the recess, when we discussed this matter at length.

As I have noted previously, the Government have no interest in loosening heritage protections; indeed, we see this country’s heritage assets as a vital part of our built environment. We are clear that these assets should be conserved and enhanced for their contribution to the quality of life of existing and future generations.

Amendments we have laid to the Bill on heritage and the Transport and Works Act order process will ensure that there is no loss of heritage protection while achieving the Government’s goal of streamlining the process to get on with delivering the infrastructure that this country needs.

Through these amendments, we have introduced a new power for the Secretary of State in England to direct that listed building consent is deemed to be granted in relation to Transport and Works Act order projects. This new power follows the same model as the existing long-established power for them to direct that planning permission is deemed to be granted for these projects. This means that, in practice, applicants for a Transport and Works Act order can apply for deemed listed building consent at the same time, rather than having to apply separately to the local planning authority. This will streamline the process.

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Moved by

[Baroness Taylor of Stevenage]

49: Leave out Clause 41 and insert the following new Clause—
“Deemed grant of listed building consent etc(1) In the Transport and Works Act 1992, for section 17 (listed buildings and conservation areas) substitute—“17 Listed buildings: England(1) On making an order under section 1 or 3 that authorises controlled listed building works in England, the Secretary of State may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.(2) Section 16(2) of the Listed Buildings Act (duty of special regard to listed buildings) applies to the making of a direction under this section as it would apply to the grant of listed building consent in relation to the building concerned.(3) Section 72(1) of the Listed Buildings Act (duty of special attention to conservation areas) applies to the making of a direction under this section in relation to a building in a conservation area as it would apply to the grant of listed building consent in relation to that building.(4) The provisions of the Listed Buildings Act apply in relation to any listed building consent deemed to be granted by virtue of a direction of the Secretary of State under this section as if the consent had been granted by the Secretary of State on an application referred under section 12 of that Act.(5) But that does not bring the decision to make the direction within section 62(2)(a) of that Act (decisions of Secretary of State that may only be challenged by way of statutory review).(6) In this section—“conservation area” has the same meaning as in the Listed Buildings Act (see section 91(1) of that Act);“controlled listed building works in England” means works to which section 7(1) of the Listed Buildings Act (demolition or alteration in character of a listed building in England) applies;“listed building consent” means consent under section 8 of the Listed Buildings Act (listed building consent in England);“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.17A Listed buildings and conservation areas: Wales(1) On making an order under section 1 or 3 that authorises controlled listed building works in Wales, the Welsh Ministers may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.(2) On making an order under section 1 or 3 that authorises controlled conservation area works in Wales, the Welsh Ministers may direct that conservation area consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.(3) Section 96(2) of HEWA 2023 (duty of special regard to listed buildings) applies to the making of a direction under subsection (1) as it would apply to the grant of listed building consent in relation to the building concerned.(4) Section 160(1) of HEWA 2023 (duty of special regard to conservation areas) applies—(a) to the making of a direction under subsection (1) in relation to a building in a conservation area, as it would apply to the grant of listed building consent in relation to that building, and(b) to the making of a direction under subsection (2), as it would apply to the grant of conservation area consent in relation to the building concerned.(5) The provisions of HEWA 2023 apply in relation to any consent deemed to be granted by virtue of a direction of the Welsh Ministers under this section as if the consent had been granted by the Welsh Ministers on an application referred under section 94 of that Act.(6) But that does not bring the decision to make the direction within section 182(2)(b) of that Act (decisions of Welsh Ministers that may only be challenged by way of statutory review).(7) In this section—“conservation area” has the same meaning as in HEWA 2023 (see section 210 of that Act);“conservation area consent” means consent under section 162 of HEWA 2023 (conservation area consent in Wales); “controlled conservation area works in Wales” means works to which section 161 of HEWA 2023 (demolition of building in conservation area in Wales) applies;“controlled listed building works in Wales” means works to which section 88 of HEWA 2023 (demolition or alteration in character of a listed building in Wales) applies;“HEWA 2023” means the Historic Environment (Wales) Act 2023;“listed building consent” means consent under section 89 of HEWA 2023 (listed building consent in Wales).”(2) In section 22 of that Act (validity of orders)—(a) in the heading, for “under section 1 or 3” substitute “and directions”;(b) after subsection (3) insert—“(4) This section applies to a direction under—(a) section 90(2A) of the Town and Country Planning Act 1990 (deemed planning permission),(b) section 17 or 17A of this Act (deemed listed building or conservation area consent), or(c) section 12(2A) of the Planning (Hazardous Substances) Act 1990 (deemed hazardous substances consent),as it applies to an order under section 1 or 3.”(3) In section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (reference of applications for listed building consent to Secretary of State), omit subsection (3A).(4) In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to Welsh Ministers of application for listed building consent associated with Transport and Works Act application), after “application” in the second place it occurs insert “to the Secretary of State”.”Member’s explanatory statement
This amendment would replace the proposed power to remove the need for various heritage-related consents for a Transport and Works Act project with a power to put in place deemed listed building consent or (in Wales) conservation area consent for such a project.

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Moved by

[Baroness Taylor of Stevenage]

51: Leave out Schedule 2
Member’s explanatory statement
This amendment is consequential on my amendment replacing Clause 41.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

My Lords, I support Amendment 58A, tabled in the name of my noble friend Lady Coffey. As we have heard, under the current framework, only projects deemed sufficiently large or complex can be considered for a separate infrastructure licence. This threshold may have made sense at the time that the regulations were introduced, but it now risks being a barrier to innovation and investment in the sector, which is already under increased strain. By removing this test, the amendment would allow projects to be assessed on their value for money alone—a clearer, more practical standard. It would not lower the bar for scrutiny but rather broaden the scope for alternative delivery models, where they can be demonstrated to give clear public benefit.

Given the ongoing challenges around water security, pollution and climate resilience, we should be enabling a wider range of solutions and not limiting them to outdated regulatory constraints. This is a modest and targeted amendment that would give Ofwat and the relevant authorities greater flexibility to support efficient investment in our water infrastructure. We agree with its intent, we support it, and we hope that the Government will think again.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I welcome this amendment from the noble Baroness, Lady Coffey, which seeks to ensure that the specified infrastructure project regulations are amended to enable a broader use and to ensure that we get value for money for customers.

Two procurement models for delivering infrastructure exist at the moment: SIPR and direct procurement for customers—DPC. I acknowledge that we have to do all we can to make sure that customers get the good value for money that we are all seeking. That is why, in the Government’s response to the independent water review undertaken by Sir Jon Cunliffe, we will address our proposals for changes across both those procurement models, in the White Paper that will be published shortly. For that reason, I hope the noble Baroness will withdraw her amendment.

[Baroness Coffey (Con)]

My Lords, I am looking forward to the White Paper. I hope, even if it does not come up in the White Paper, that there will be a water Bill coming at some point in the next year or so. If I have not persuaded the Government today, I hope that we will return to this in due course. With that, I beg leave to withdraw my amendment.

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[Baroness Taylor of Stevenage (Lab)]

I am grateful to all noble Lords for their contributions regarding planning fees. I turn first to Amendment 59 in the name of the noble Baroness, Lady Thornhill, which we had the pleasure of touching on briefly at our meeting last week. I agree with the noble Baroness on the importance of ensuring that fees are proportionate to the type and size of the planning application. However, I respectfully suggest that this amendment is unnecessary and will explain my reasons.

The principle of proportionality already exists in the planning fees regime; in view of the noble Baroness’s comments, I give an example of why I say this. Planning application fees for fewer than 10 new houses are currently £588 per dwelling; for between 10 and 50 dwellings, fees are £635 per dwelling; and, for more than 50 houses, there is a set fee of £31,385, plus £189 for each additional house, up to a maximum fee of £411,885. The fee increases with the number of houses to be built, reflecting the cost to the local planning authority of processing the planning application. This Bill already provides a clear and strong framework to ensure that planning fees are proportionate to the type and size of development.

As mentioned in previous debates, the Government plan to introduce a local variation model—I realise that the noble Baroness, Lady Thornhill, was not confident of this, but talking to the sector about how we do this will be important—under which a nationally set default fee developed through benchmarking and public consultation will serve as a baseline. As is currently the case with planning fees, this will account for variations in the size and nature of sites.

To ensure that any locally set fees remain proportionate and reflective of local circumstances, the Bill requires that they must not exceed the cost of delivering the relevant service and that local communities must be consulted on those proposed changes. Significantly, the Secretary of State will also retain the power to intervene where fees are considered inappropriate; this is an important safeguard to uphold consistency and fairness across the system.

I understand that the noble Baroness, Lady Thornhill, is concerned about SMEs. As I have said previously in the Chamber, I had a meeting last week with the APPG for SME House Builders, which raised a number of issues with me. We are all concerned about ensuring that we make things as efficient as possible for SMEs—as well as for those in the charity sector, such as Centrepoint, which the noble Baroness kindly brought to a meeting with me last week—in terms of providing much-needed homes. I assure the noble Baroness that we recognise that SME housebuilders are an indispensable part of the sector. That is why the Government have brought forward a package of financial support for SMEs, including: an extension of £700 million to the home building fund to provide loans and financial support to deliver 12,000 more homes; £2 billion of ENABLE Build guarantees; and a commitment to £100 million of funding for SME accelerator loans. In view of these measures, I am certain that the Bill already addresses the concerns that this amendment seeks to resolve. I therefore hope that the noble Baroness will consider withdrawing her amendment.

I thank the noble Baroness, Lady McIntosh, for Amendment 60. Well-resourced planning departments are essential in enabling the development that our communities need. They also safeguard communities from unauthorised or harmful development by ensuring compliance with planning permissions and conditions, including monitoring and taking enforcement action where that is necessary. We understand the intention behind this amendment—supporting the resourcing of enforcement activity—but, because planning enforcement serves a much wider public interest, we consider that it is appropriate for local authorities to allocate funds to support these services, rather than for individuals to bear the responsibility.

Additionally, we consider that allowing local planning authorities to set planning fees that included enforcement costs could result in disproportionately high fees for applicants; indeed, it may have an impact on the very SME builders whom the noble Baroness, Lady Thornhill, discussed. We are concerned that this may discourage development at a time when we are very committed to accelerating housing delivery and getting Britain building. More widely, the Government have committed to a £46 million package of investment to support the capacity and capability of local planning authorities. For these reasons, I hope that the noble Baroness, Lady McIntosh, will not press her amendment.

Amendment 61, tabled by the noble Lord, Lord Lansley, would remove our ability to introduce a straightforward planning fee surcharge, instead requiring that only the costs incurred in relation to the specific planning application could be recovered. It might be helpful if I elaborated a little more to answer his questions.

We propose to calculate the surcharge on the basis of the planning fee that a developer must pay when submitting an application. We recognise that some applications will require detailed input from half a dozen consultees, while others will require little or no input. As we are not calculating the fee on the basis of application-specific costs, developers may sometimes pay more and sometimes less than the costs incurred by the relevant statutory consultees with regards to that specific application. However, we will be required to set the surcharge so that it does not exceed the relevant costs of the statutory consultees in aggregate. If it costs a certain amount to operate the statutory service, the surcharge must be set so that its income does not exceed that amount. I hope that is helpful.

We fully recognise that direct cost recovery works well for some regimes, such as for NSIPs, where there are relatively few projects. Engagement occurs over a longer period and predominantly takes place prior to the application for development consent being submitted. It also works well for voluntary pre-application engagement. It is important to note that statutory consultation under the Town and Country Planning Act regime is different: it occurs only once the planning application has been submitted. The planning authority must identify which organisations are required to be consulted, and these organisations must respond within statutory timeframes, generally of 21 days.

It is also an issue of high volume. The six largest statutory consultees receive around 50,000 consultations a year, with tens of thousands of unnecessary referrals on top of this. Instituting direct cost recovery by statutory consultees would require a billing mechanism capable of dealing with up to hundreds of thousands of planning application referrals each year, with money and information passing between 300-plus local planning authorities, up to 29 statutory consultees and individual developers. It would significantly increase the complexity of the planning system, increase the administrative infrastructure required and place a substantial pressure on the ability of statutory consultees to deliver within statutory timeframes. Our concern is that instituting this approach would be costly and bureaucratic, create uncertainty for developers over costs and create delays. Just as importantly, it would also remove any incentive for statutory consultees to deliver efficiencies.

The alternative that we are putting forward in the Bill is for a simple, straightforward percentage surcharge on top of the planning fee. This means that, in some cases, as I have said, a developer will pay more through the surcharge than it would cost the statutory consultee, and in some cases the developer will pay less. However, developers will know how much they need to pay upfront, and there will be no unexpected costs. That way we will not be creating more hoops for developers to jump through to get their application considered; they will pay a fee when they submit their application and that is it. Before regulations are introduced, we will consult on proposals to establish the level at which the surcharge will be set and the types of planning application it should apply to.

Lastly, we recognise the risk that charges could be set at inappropriately high levels and that is why our proposed powers make it clear that the surcharge cannot be set at a level which exceeds the relevant cost of the persons, such as the statutory consultees, that the surcharge is intended to cover. That ensures that we limit ourselves to cost recovery in aggregate, even if it does not apply on the basis of individual planning applications. I thank the noble Lord, Lord Lansley, for this amendment but, given the reasons and explanations I have set out, I hope he feels able not to move it.

[Baroness Thornhill (LD)]

My Lords, it is of absolutely no surprise to me that the noble Lord, Lord Lansley, spotted my drafting omission, which is why we always take his amendments seriously. I hope that the Minister will take on board his comments, which I thought were quite pertinent.

I was seeking to make proportionality a clear legal duty rather than a well-intentioned aspiration. So, put very simply, I guess it is about the proof of the pudding and “watch this space”. I hope that we will keep an eye on this, but I beg leave to withdraw my amendment.

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[Lord Jamieson (Con)]

My Lords, I shall speak to Amendment 62 in the name of the noble Baroness, Lady Boycott, which was moved so ably by the noble Lord, Lord Hampton. Although I understand the good intentions behind this amendment, there needs to be a recognition that the planning process is a quasi-judicial process. We also support mandatory training for councillors; we would have supported training for officials and, potentially, for Government Ministers, had my noble friend Lord Fuller’s amendment arisen, but I will let that pass for now.

Such training must focus on the statutory duties of members, ensuring that those who sit on planning committees are fully aware of their roles; of the legal and regulatory environment; and of the procedures on which they need to make judgment. They need to make decisions based on the legal and regulatory aspects that pertain to the proposals brought to the committee. Climate change, biodiversity, ecology and so on are already embedded in national planning policy. There is guidance on them; that guidance will, and should, be part of the training process.

By expanding the scope of the training beyond the statutory duties—as well as ensuring that consideration of the relevant legislation, planning guidance and local policies occurs in determining an application—the proposals risk adding confusion to the training process and, potentially, undermining the quasi-judicial role of a planning committee. I would have been more sympathetic to proposals around ensuring both that the training is effective and that it covers all aspects of the guidance, policies and legislation—including those highlighted today. However, as I said, having training that is more generic risks confusion. Therefore, I cannot support these proposals.

[Baroness Taylor of Stevenage (Lab)]

My Lords, first, I express my gratitude to noble Lords for providing broad support for the concept of mandatory training for members of local planning authorities.

I turn to Amendment 62, which was tabled by the noble Baroness, Lady Boycott, and ably moved by the noble Lord, Lord Hampton. As I have set out previously, I am very sympathetic to the issues that were raised by noble Lords in Committee. I reiterate what I said at the time: it would be unthinkable that prescribed training would not include, for example, content on biodiversity net gain. The Government maintain, however, that such specific reference to the content of training should be reserved for secondary legislation. On that, I agree with the noble Lord, Lord Fuller, for once; that is not always the case.

Let me respond to the point about the status quo continuing. This Bill brings mandatory training into force for the first time, so it does move us on from the status quo. Including specific details in the Bill would require the inclusion of an exhaustive list—the noble Lord, Lord Blencathra, gave some examples of what may or may not be in there—which would have to be kept up to date as we move forward, thus requiring valuable time in Parliament.

I will respond briefly to the questions from the noble Lord, Lord Hampton, on what is being done. The Government are working to bring forward the training package; we consulted on our general approach earlier this year. We will ensure that the training is comprehensive and based on both best practice and ongoing engagement with both industry and local government.

For these reasons, I hope that the noble Lord, Lord Hampton, will feel able to withdraw this amendment on behalf of the noble Baroness, Lady Boycott.

[Lord Hampton (CB)]

My Lords, I have learned a lot during the past 15 minutes, some of which I have immediately forgotten. I particularly enjoyed the exposition from the noble Lord, Lord Blencathra—his stream-of-consciousness, mushroom, anti-Australian cuisine comment —which will live with me for a long time.

I know that my noble friend Lady Boycott did not want to press this amendment. I am optimistic, thanks to what the Minister said about mandatory training being comprehensively in the guidance, so I beg leave to withdraw the amendment.

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.

Planning and Infrastructure Bill

Baroness Taylor of Stevenage Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Lord Roborough (Con)]

My Lords, I am very grateful to my noble friend Lady McIntosh of Pickering for her commitment to this flooding issue, which impacts far too many households in this country and which, as our climate changes, is likely to impact far more.

New housing built on flood plains since 2009 is not able to be reinsured under Flood Re, supposedly because that housing does not need it. However, as my noble friend points out, that is not the case. Her Amendment 70 requires greater flood resilience measures if we are not to rule out building on flood plains entirely. It seems eminently sensible to help protect homeowners and ensure that insurance is available at an affordable price, and so we support this amendment.

The noble Baroness, Lady Jones of Moulsecoomb, makes strong points in Amendments 86, 120, 121A and 121B, so ably introduced by the noble Baroness, Lady Bennett of Manor Castle. Clean drinking water in our country is a finite resource, and measures to improve efficiency, analyse demand and increase reuse are sensible. I will welcome any comments from the Minister that show what the Government are already doing and plan to do to address these matters. However, we would not be in support of adding this to our already overburdened planning process.

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

My Lords, I thank all noble Lords who have taken part in the debate.

I will first address Amendments 70 and 81, concerning flood risk and resilience within the planning system. They draw attention to the important matter of how we prepare for and mitigate the impacts of flooding, particularly in light of the growing challenges posed by climate change. The Government treat these concerns with the utmost seriousness. We are aware of the distress, disruption and financial cost that flooding brings—so ably illustrated by the noble Baroness, Lady Grender; of the heightened risks associated with a changing climate; and of the necessity to maintain a robust but proportionate framework for managing these risks.

Amendment 70 seeks to require property flood resilience measures in new homes located in areas of high flood risk. As has been made clear in previous debates, enhancing the resilience of properties exposed to flood risk is indeed an important objective, which I know we all share across the House. In support of this, building regulations already promote flood-resilient construction in flood-prone areas through approved document C, while ensuring that where properties do not require additional measures, they are not subject to undue burdens.

Amendment 81 seeks to impose a statutory ban on residential development in flood zone 3. While we agree with the principle of steering development away from areas at highest flood risk, this amendment would prohibit development even in major urban areas such as Hull and central London, which, although within flood zone 3, are protected by robust engineered flood defences. Such a blanket ban would prevent development coming forward that could otherwise be made safe for its lifetime and would not increase flood risk elsewhere. Instead, the National Planning Policy Framework already provides strong safeguards, directing development away from the most flood-prone areas, including flood plains, and makes it clear that inappropriate development in these areas should be avoided.

Our policy also ensures that new housing and most other development types are not permitted in functional flood plains—flood zone 3b—where water must flow or be stored during floods. Where development is allowed, it must be proven safe for its lifetime, with full consideration of the vulnerability of its users. The effectiveness of our current policy position is clear: in 2024-25, 96% of all planning decisions and 99% of all new homes proposed in planning applications complied with Environment Agency advice on flood risk, and these figures have remained stable over time.

Finally, I highlight that we are making a record £10.5 billion investment in flood and coastal erosion defences, the largest programme in history, including £300 million for natural flood management over a 10-year period and unlocking further investment from public, private and charitable sources.

Amendments 86, 120, 121A and 121B were tabled by the noble Baroness, Lady Jones. I am sorry that she is not in her place because it would have been my first opportunity to welcome her back to the Chamber. The amendments, ably introduced by the noble Baroness, Lady Bennett, concern sustainable water management and draw attention to the important need to reduce demand on water resources. The Government fully acknowledge the critical nature of sustainable water management and water efficiency.

To address that issue, in September the Government launched a consultation to review the water efficiency standards within the Building Regulations 2010. This will ensure increased water efficiency for new housing and tighter standards for water-stressed areas. The consultation includes a call for evidence on water reuse systems in new developments to enable even greater water efficiency. We are investigating how we can bring technologies such as rainwater harvesting into new developments safely. Reuse of grey water or rainwater should be subject to careful policy consideration, as any accidental, inadvertent or incompetent contamination of potable water could lead to a public health incident. In support of this, we are also examining how we might upskill those in the plumbing and construction sectors, ensuring that they can safely install such systems. Additionally, in December 2024, we updated our National Planning Policy Framework to expand the requirement for sustainable drainage systems to all developments that have drainage implications. These systems can incorporate rainwater harvesting, which not only aids water storage but helps regulate flow rates from sites.

In the light of this, I am concerned that the additional measures proposed through Amendment 86 would be duplicative and would remove the appropriateness of efficiency measures to be determined on a case-by-case basis. We must remain mindful of not imposing blanket requirements, as a one-size-fits-all mandate may not be suitable in all local contexts. This can instead risk unintended consequences, such as increased expenses for developers and home owners, and may slow down the housing delivery that we so desperately need.

On Amendment 120, planning authorities already consider water efficiency targets in applications and can set tighter optional water efficiency standards through the planning process. Water efficiency standards and guidance are determined through building regulations. Duplicating this, adding further monitoring and evaluation requirements, could impose administrative and financial burdens on local authorities.

On Amendment 121A, planning authorities must already consider water supply and quality through strategic environmental assessment, also informed by strategic flood risk assessments, while water efficiency standards are set and enforced through the building control process. We should not duplicate existing planning guidance and building control processes.

Regarding Amendment 121B, the Government support sustainable water management and water efficiency and are already giving consideration to how water reuse can reduce water scarcity and drainage and wastewater pressures on growth where they are needed—for example, through the current consultation on Building Regulations and the associated call for evidence on water reuse systems in new development. In addition to the requirement in the National Planning Policy Framework for all new development with drainage implications to incorporate sustainable drainage systems, planning policy also requires that strategic policies should make sufficient provision for water supply and wastewater.

The existing statutory requirement that local planning authorities engage with specific consultees such as the Environment Agency and sewerage and water undertakers when developing local plans is supported by our planning guidance, which encourages early engagement between strategic policy-making authorities and water and sewerage companies. Strategic and local planning authorities will need to consider these requirements when preparing their spatial development strategies and local plans. I therefore kindly ask noble Lords not to press their amendments.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to those who spoke in favour of my amendment, in particular the noble Baronesses, Lady Willis of Summertown and Lady Bennett of Manor Castle, and my noble friend Lord Deben. I am deeply disappointed by the Minister’s response because, actually, she made the case for precisely why these amendments are needed. I hope that, at the behest of my noble friend Lord Deben, the Minister might agree to come back with amendments in her own name at Third Reading. For the moment, I beg leave to withdraw the amendment.

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[Lord Jamieson (Con)]

I am going to try to be brief, but I am afraid I am going to be beaten by the Liberal Democrats—just occasionally one has to accept this. I offer our support for Amendments 71 and 82, tabled by my noble friend Lady McIntosh of Pickering. As other noble Lords have said, it is a principle of fairness. If you are the one bringing change, you should be responsible for managing its impact. Yet, time and again, we have seen valued businesses, particularly in the live music, hospitality and cultural sectors, threatened or closed down due to new developments that arrive without sufficient mitigation and proper regard to the context within which they are being introduced. If you build a house on the edge of a cricket pitch, do not be surprised to see the occasional cricket ball flying into your garden.

The reality is that guidance, however well intentioned, is inconsistently applied. Local authorities are left without a clear statutory duty to uphold the agent of change principle. Amendment 82 extends this principle to a licensing regime we would also support. We see this as a constructive and proportionate improvement to the Bill that balances the need for new development with the equally important need to protect existing cultural, social and economic structures. We on these Benches are pleased to support this principle and hope that the Government will recognise the value of giving it a clear statutory footing. I ask the Minister for an assurance that existing businesses and community facilities will not be put at risk from subsequent developments.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank all noble Lords for a very interesting debate on this topic. Next July, I will have the benefit of five days of Oasis concerts in the fantastic venue of Knebworth House, which is just about a mile away from my house, and this summer we enjoyed Old Town Live, a day-long festival for local bands including, I hope, some of the successors to Oasis—we never know. I can hear and enjoy both of these from my house, and they represent the important cultural role of music venues and their place in the ladder of musical talent that not only contributes so much to our culture in this country but makes an enormous contribution to our economy as well. I say that to show that I understand the issue here and the Government share the desire to ensure that new homes do not undermine the operation of long-established businesses in their local area, be they music or other cultural venues.

The agent of change principle is embedded into the planning system. Where the operation of an existing premises could have a significant adverse effect on new development in its vicinity, the responsibility lies with the applicant or agent of change to put suitable mitigation in place, whether that is engineering solutions, layout, planning conditions or mitigating the impact through noise insulation. This policy forms part of the National Planning Policy Framework and local planning authorities must already have regard to it where it is relevant to a planning decision.

We are exploring how we can make the agent of change policy in planning as clear as possible through our new national policies for decision-making, which we will consult on this year. We have recently launched a call for evidence, which seeks views on how we can better apply the principle in licensing. This will reduce inconsistent decisions, while ensuring that we have the flexibility for local authorities to balance the needs of businesses with housing growth. I would therefore kindly ask the noble Baroness, Lady McIntosh, to withdraw her amendment.

[The Earl of Clancarty (CB)]

Why will the Government not make it statutory? This is a very simple question.

[Baroness Taylor of Stevenage (Lab)]

I think I have explained several times during the course of the Bill that I do not think it is correct to say that the National Planning Policy Framework is a statutory framework in itself: it is not. It sits within the statutory framework of planning. We need it to be more flexible than a statutory framework, so it can change as times change. When we bring in these policies, they will not be coming through as pieces of law. They will be planning policies, so that they can be flexible and adapt to the situation as it changes. That is a very important part of planning. The National Planning Policy Framework must maintain that degree of flexibility: otherwise, every time we want to change it, we will have to come back through Parliament. That would not be agile enough to deal with the changing situation.

[Baroness McIntosh of Pickering (Con)]

It is very seldom I am lost for words, but I am hugely disappointed by that response to this short debate. I am grateful to all those who spoke in support of my amendment. The noble Earl, Lord Clancarty, expressed the considerable cost that is incurred by those who have to take mitigation measures; the noble Lord, Lord Freyberg, set out why it is currently not working. To repeat what he said, it cannot override the noise abatement laws. That is why I think that we are failing both developers and residents at this time. I do not believe we are giving the clarity to licensing practitioners that they request. That is precisely what Sarah Clover, who was the expert specialist adviser to the committee looking at the Licensing Act 2003, has pointed out on successive occasions. So, while I will not press to a vote and test the opinion of the House at this stage, I reserve the right to bring the amendment back at Third Reading.

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[Lord Jamieson (Con)]

My Lords, we support the intentions behind Amendments 72 and 85 and thank the noble Lord, Lord Best, the noble Baronesses, Lady Thornhill and Lady Pinnock, and others for bringing them forward.

There is no doubt that we need more affordable housing and more social rent homes. We also recognise that planning permissions must be followed through and that, too often, affordable housing secured at the outset does not fully materialise. Amendment 72 puts forward a clear principle that, if affordable housing is agreed to as part of a planning consent, it must be delivered, and that social rent should form a meaningful part of that. This is right and we are entirely supportive of that aim. There are, of course, practical and legal complications around how these obligations are enforced, and we would want to ensure that any new duty works effectively within existing planning and viability frameworks.

However, councils also need to have a degree of flexibility to meet local needs, which is why I have a concern about putting a specific figure in the Bill. As the noble Lord, Lord Best, is well aware, I am particularly interested in housing for older people and specialist accommodation for those with disabilities. This is often more costly to build than standard housing. By taking a flexible approach at the local level on affordable percentages or mix, specialist but more expensive housing that meets local needs can be delivered. Imposing a national requirement may undermine that flexibility to deliver for local needs. That is how I, as leader of Central Bedfordshire, was able to deliver specialist accommodation for older people—freeing up family homes as a consequence—and for those with significant disabilities, as well as short-term accommodation. I would not want the opportunity for this lost because of an imposed national target in legislation. That said, let us make this absolutely clear: we are very strongly in support of the need for clarity and accountability for developers. They should and must deliver what they agree to when they get a planning permission.

Amendment 85 rightly highlights the needs of children and families facing homelessness or in temporary accommodation, a group whose experiences are often invisible in planning policy. Ensuring that local planning authorities take account of these needs is a modest but important step and we support it, but I refer to my earlier comments on the need for flexibility. Again, I am going to refer to my own experience, and to one of the proudest things I did when I was leader of Central Bedfordshire Council. We had about 125 households in bread and breakfast; 10 years later, that was effectively zero. That was 125 households who had the opportunity to live in a proper home. There were two key reasons for it. One was that we built specialist temporary accommodation and converted some buildings for that; but the second is that we built homes they could move into. So, we also need to consider that we must build the quantum of homes that is needed if we are truly to address the issue of homelessness.

Both amendments speak to the same wider truth: housing policy must be about delivery, not just ambition. We hope the Government will take these proposals seriously and come back with measures that match the urgency of the housing crisis we face.

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord, Lord Best, for Amendment 72. I have to say that the last words of the noble Lord, Lord Jamieson, when we are trying to sort out a housing crisis that his party created, are a bit rich. But I will park that for the moment.

[Lord Jamieson (Con)]

I am pleased that the last Government delivered 1 million homes over the last five years. I will be delighted if this Government deliver 1.5 million, but at the moment, they are on track to deliver considerably fewer, increasing that crisis.

[Baroness Taylor of Stevenage (Lab)]

The noble Lord’s Government left 130,000 children in temporary accommodation.

As noble Lords will know, the Government are committed to delivering the biggest increase in social and affordable housing in a generation and to prioritising the building of new homes for social rent, but we take a different view from the noble Lord on how to achieve this. The revised NPPF provides local authorities greater flexibility to deliver the right tenure mix to suit local housing needs, and planning practice guidance that supports the NPPF sets out that plan-makers should collaborate with the local community, developers and other stakeholders to create realistic, deliverable policies.

I understand the frustrations around the issue of viability, so the Government are also reviewing the planning practice guidance on viability to ensure that the system works to optimise developer contributions, and that negotiation or renegotiation of Section 106 agreements takes place only when genuinely necessary. Once planning obligations are entered into under Section 106, they run with the land and are legally binding on all parties to the agreement, so they can be enforced by the local planning authority. As we take forward work on a set of national policies for decision-making, we will also consider further steps to support social and affordable housing.

Turning to Amendment 85, tabled by the noble Baroness, Lady Pinnock, while we agree that we need to tackle homelessness, especially where children and families are involved, I will explain why we cannot support this approach. The planning system is already complex, and adding duties to have regard to particular matters, no matter how laudable, are not required in statute, given that national planning policy is a strong material consideration in planning decisions. As we take forward work on a set of national policies for decision-making, we will also consider further steps to support social and affordable housing. Councils must, by law, make sure that any temporary accommodation placements are suitable to the needs of the people placed there. On World Homelessness Day this month, we announced £10.9 million to increase access to support and services for families in temporary accommodation. I therefore ask noble Lords not to press their amendments.

[Lord Best (CB)]

My Lords, I am deeply grateful to noble Lords for their support for Amendment 72. I thank my noble friend Lord Carlile for his eloquent words, and I offer the noble Baronesses, Lady Grender, Lady Pinnock and Lady Bennett, sincere thanks for their support. The noble Lord, Lord Jamieson, is unfortunately unable to support this amendment, which, without his help and that of his colleagues, I fear would not achieve the majority it needs.

I do not accept the noble Lord’s point that having a 20% baseline below which we would not go in terms of affordable housing, and social rented housing in particular, is necessarily a blockage to flexibility. The baseline of 20% at social rents—the typical housing association and council rents—would not put a great burden on the housebuilders negotiating with the planning authority that also wanted to produce housing for older people. I do not think it would entail an additional burden.

Sometimes the older people’s housing of the kind that the noble Lord has produced in his own borough—and I strongly congratulate him, as council leader, on achieving a disproportionate amount of housing for older people; he has done a great job—will be social housing and would count towards the affordable housing quota that I am talking about; sometimes it will be housing for outright sale, which would not be part of this equation so we would not worry about it. Having a baseline of 20% social housing as an absolute minimum is not going to impede—

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[Lord Blencathra (Con)]

My Lords, I will comment briefly on these amendments. The Government may say that if you stop these conversions of hotels, where will we put the people? The noble Baroness, Lady Pinnock, asked the same question. That is a fair question. The answer is to use all spare military accommodation, recently used by servicemen and women. From what I read, the Government want to do that, and they must have the guts to stick to it, because they will have public support, even though left-wing immigration lawyers will mount judicial reviews against it.

So, His Majesty’s Government, do not be terrified into closing RAF Wethersfield, but increase numbers there to the maximum possible and reopen Napier barracks. I stayed there 50 years ago, and it is 100 times better now than it was then. Many noble Lords will have experience of military accommodation in the past, including officer accommodation, and it was not up to the standards now available for illegal migrants.

It was deplorable that some lawyers and immigration groups took action to close Napier, which was used only for single men. How did these single men get here? They walked hundreds, perhaps thousands, of miles through Afghanistan, Iraq, Turkey, Greece, Romania and other European countries, and lived in appalling conditions near the beach at Calais, before crowding into a little boat. Others have come from Eritrea, Somalia and up through Egypt, Libya, Italy and on to Calais. I am sure they had premium accommodation en route.

How dare anyone suggest that the accommodation in any of our former military bases is not good enough for single men of fighting age, when it was good enough for British men and women of fighting age? If they had to stay in Barry Buddon, stuck out in the coast in Fife next to Carnoustie, where 30 of us were in a nissen hut with one big cast iron potbelly stove, they might have something to complain about, but not in the current accommodation. So, His Majesty’s Government, please do not back down on the use of former military accommodation, or any other spare government accommodation, and that can take the pressure off unsuitable hotels.

On Amendment 87E, I do not trust any Government to use this power anywhere in the country, and put up temporary accommodation all around the land, but if some of the military bases are not big enough, or are regarded as not having quality accommodation, then move in temporary accommodation—caravans, chalets, portable homes, portakabins—and put them on these bases or other military land. That is a better solution and answers some of the question, “If you close these hotels, where will you put them?”. I have suggested it in my comments tonight.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I first turn to Amendments 73 to 75, 263 and 264 brought by the noble Baroness, Lady Scott. I thank the noble Baroness for once again raising an important issue but I point out that it relates to ongoing legal proceedings, which I am sure that she appreciates I cannot comment on.

The asylum accommodation system is under significant pressure. While the priority is to end the use of asylum hotels as soon as possible, the Government need to be able to control the number of such hotels and retain the ability to open new asylum hotels—only if and when it is necessary—to manage fluctuations in demand. The amendments would remove the ability to do so.

The Home Office is under a legal obligation to provide accommodation for destitute asylum seekers while their application for asylum is being considered. We know that this has led to concerns among some people about the use of hotels for this purpose. We are conscious that the use of hotels for the purpose of housing asylum seekers has caused understandable concern. That is why we have an ambition to resolve it in a controlled and orderly way.

Listening to the noble Baroness, Lady Scott, I was frankly astonished to hear her words about giving local people a voice. Under her Government, as a council leader I pressed over and over again for our hotels in Stevenage not to be used for this purpose by agents of the Home Office, not least because international businesses in my town needed them. Her Government did not listen to our community, its elected representatives or our businesses; they overruled us and ploughed ahead regardless.

This Government have made clear our intention to stop the use of hotels to house asylum seekers. This is borne out by the fact that the number of hotels so used has almost halved since its peak under the previous Government. More broadly, the Home Office is working on a future strategy for asylum accommodation. The department is working in collaboration with local authorities to develop several potential accommodation models that could test a more sustainable, flexible and collaborative outcome. The department is also working at pace to deliver a range of alternative sites, including—to the point made by the noble Lord, Lord Blencathra—military sites, that would contribute to a more flexible estate.

Restricting the use of houses in multiple occupation for asylum accommodation would have the perverse effect of making it even more difficult to end the use of asylum hotels. While we understand why these amendments have been brought forward—I will not comment on why, but we understand it—they would nevertheless result in greater instability in the provision of asylum accommodation, and prevent us proceeding in the controlled and orderly way that we want to.

Amendment 87E, brought by the noble Baroness, Lady Pinnock, would give the Secretary of State powers to make regulations to deal with applications for planning permission where temporary asylum application processing facilities were proposed. The amendment is unnecessary, as these powers would be duplicative of existing powers in the Town and Country Planning Act 1990. In particular, Section 59 allows the Secretary of State to make a development order that can either itself grant planning permission or make for the grant of planning permission by the local planning authority or the Secretary of State. That includes timescales, publicity and consultation. Section 70 allows local planning authorities to grant planning permission for development, including conditional planning permission, and Section 77 makes provision in relation to the Secretary of State being able to call in applications for planning permission to determine them himself.

In addition, it would also not be appropriate to take such powers for a specific type of development in primary legislation. We are committed to progressing asylum cases in an efficient and cost-effective way. The Home Office’s programme of transformation and business improvement is speeding up decision-making, reducing the time people spend in the system and reducing the numbers who are awaiting an interview or decision and remain in hotels.

New Homes Target

Baroness Taylor of Stevenage Excerpts

Tuesday 21st October 2025 Lords Chamber

[Lord Young of Cookham]

To ask His Majesty’s Government what progress they have made towards their target of building 1.5 million new homes.

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

My Lords, our Government remain committed to delivering 1.5 million homes over this Parliament. Through major planning reform and investment, we are breaking through the barriers to development and will build the homes this country needs. Our bold planning reforms alone will drive housebuilding in the UK to its highest rate in 40 years. The spending review confirmed the biggest boost to social and affordable housing investment in a generation, alongside significant investment through the national housing bank, reforms to the building safety regulator, a new mortgage guarantee scheme, a support package for SME builders and work on a comprehensive construction skills package. We are laying the strong foundations for a generational rocket boost to housebuilding.

[Lord Young of Cookham (Con)]

My Lords, 1.5 million is exactly what the country needs, but few outside government believe that this target is achievable. One in four of those homes would have to be built in London. London’s target for this year is 88,000 homes; by June, 4,000 had been completed. One reason that developers give for this slow progress is the target for affordable homes of up to 35%. Sites that were viable until recently are no longer. Can the Minister confirm that discussions are now taking place in Birmingham and London with a view to watering down the Government’s affordable homes programme in order to drive up completions? As one developer said, 35% of nothing is not a sensible policy.

[Baroness Taylor of Stevenage (Lab)]

I know the paper to which the noble Lord refers. With his ministerial experience, he will know that I cannot comment on leaked documents. However, let us make no mistake that London and the mayor are extremely ambitious about delivering the housing that London needs. The Government recognise its unique challenges, including higher build and labour costs, which have contributed to falls in starts and completions in the capital. We are working in partnership with the mayor and the GLA to accelerate housing delivery and are supporting the development of an ambitious next London Plan. We are already taking action to accelerate housebuilding through planning reform and unlocking large-scale developments such as at Euston. We are also supporting stalled sites in the capital via the new homes accelerator. London will be allocated up to 30% of the £39 billion social and affordable homes programme, granting approximately £11.7 billion to the GLA to support housing delivery in London.

[Baroness Butler-Sloss (CB)]

Just after the war, a large number of prefab houses were built, with great success, and they lasted very well. Is there any good reason why one could not put up a lot of prefabricated houses, which would go a long way towards this number the Government want?

[Baroness Taylor of Stevenage (Lab)]

I remember those days and know how fond some of the inhabitants of those prefabricated homes were. Things are moving on; we are now looking at modern methods of construction homes, which could make an important contribution. They deliver high-quality, energy-efficient homes more quickly while creating new and diverse jobs in the sector. We have undertaken bold action to support housebuilders, including in the modern methods of construction sector, reforming the planning system, unblocking sites and increasing supply. We have developed a publicly available specification for MMC homes, which will bring greater clarity to the insurance and warranties market and support the delivery of the quality homes we all want.

[Baroness Thornhill (LD)]

My Lords, we clearly have grey-belt/green-belt confusion when planning inspectors are approving more than 70% of major residential grey-belt appeals. These appeals are expensive, time-consuming and quite obviously delay housing delivery. Given this clear disconnect between local interpretation and national policy success at appeal, will the Government please issue some clear, unambiguous guidance regarding grey-belt criteria, as in paragraph 155, to clarify the current confusion which clearly exists and helps no one?

[Baroness Taylor of Stevenage (Lab)]

I am very happy to take back whether we need some more communication on this. We have been very clear that we take a brownfield-first approach, but we know that brownfield alone will not be enough to deliver the country’s needs. That is why we have asked all local authorities that cannot meet their needs to review green belt and to identify opportunities. We expect them to prioritise the development of brownfield and the low-quality grey-belt land that the noble Baroness referred to. High-performing green-belt land and land safeguarded for environmental reasons will still be protected. The green-belt reforms support a more strategic and targeted approach to green belt. However, as I said, we are looking at brownfield first. Then, we expect local authorities to look at grey belt. I will take back to the department whether we need to communicate any further on that issue.

[Lord Sahota (Lab)]

My Lords, before I ask the question, I wish all noble Lords a happy Diwali.

What role do local authorities play in achieving the 1.5 million homes target, and how are they supported?

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[Baroness Taylor of Stevenage (Lab)]

I am grateful to my noble friend, particularly for his Diwali wishes. Unfortunately, I had to miss the Diwali celebration at home yesterday due to being here on the planning Bill, but it seems very appropriate that we have a festival of light at this time. I think we all need some light, so happy Diwali to all those celebrating.

Of course, local authorities are key partners in the delivery of 1.5 million homes—in the delivery of the social and affordable homes that we know we need, in tackling homelessness across our country and in developing some of the very important regeneration schemes which I have seen some fantastic examples of as I have gone round the country. Our job is to make sure that the planning system works effectively for them. Local authorities are uniquely able to look at local housing needs in their area and make provision for those. They are key partners in delivery, and we work with them constantly to see whether there is more we can do to help them do just that.

[Lord Geddes (Con)]

The Minister in her reply to the noble and learned Baroness, Lady Butler-Sloss, mentioned energy efficiency. What requirements are His Majesty’s Government making that all new homes should have either photovoltaic or solar panels on them?

[Baroness Taylor of Stevenage (Lab)]

We have made it clear that we expect new homes to be built with PV panels wherever possible, although it is not possible in every instance. Later this year, we will bring out our future homes standard, which will set clear expectations around the energy efficiency of homes. It is important not only for all householders that their homes are efficient for the purposes of lower bills but for the planet that we are doing the best we can with the energy we have.

[The Earl of Devon (CB)]

My Lords, to return to local authorities, have the Government assessed the impact on their 1.5 million homes target of local government reorganisation? I sat last year on the Devon Housing Commission chaired by the noble Lord, Lord Best, and it found that one of the biggest challenges for development in the county was local authority and planning departments. I know for a fact that, over the next two or three years, every planning department in Devon will be challenged by the considerable reorganisation due to take place.

[Baroness Taylor of Stevenage (Lab)]

That is an appropriate question for today because I met the leader of Plymouth City Council just this morning, and we talked about some of the issues facing Devon. We understand that the reorganisation of local government adds to the considerable pressures that local authorities already face. However, it is essential to ensure that local authorities are as efficient and sustainable as possible. We are working closely with our local authorities on that project. We have helped our local planning authorities with resourcing through an increase in planning fees for householders and other applications, as well as through measures in the Planning and Infrastructure Bill to enable local planning authorities to set their own planning fees to cover costs. We have also provided a £46 million package of support to help train and build capacity in local planning authorities.

[Baroness Scott of Bybrook (Con)]

My Lords, in an Oral Question in September, my noble friend Lord Jamieson raised a concern with the Minister about the proposed removal of the lower rate of landfill tax for inert construction waste, a change that could reportedly add up to £25,000 to the cost of building a single new home. At the time, the Minister did not directly respond to the question; she promised a written response that has not been received. Given the Government’s ambition for 1.5 million homes in this Parliament, can the Minister now clarify their position on this proposal and explain how such measures would support, rather than hinder, their wider housing delivery ambition?

[Baroness Taylor of Stevenage (Lab)]

The treatment of landfill is important for the environment, so it is key that we deal with that efficiently. I attended an SME round table as part of the APPG for SME House Builders last week; they raised the issue with me, and I will take it back to the department. I thought that I had replied to the noble Lord, Lord Jamieson, but I will go through and make sure that we did so. This is a particular issue for SME builders, so we are thinking that through and will issue a response shortly.

Planning and Infrastructure Bill

Baroness Taylor of Stevenage Excerpts

Report stage
Monday 20th October 2025 Lords Chamber

[Lord Jamieson (Con)]

My Lords, I thank my noble friend Lord Fuller for his amendment, which raises the important question of fire safety and long-duration energy storage. It is right that there should be a role for local fire authorities in looking at planning applications involving potentially highly combustible materials. It is clear that energy storage based on lithium batteries or other highly reactive materials, if not suitably engineered, could pose a fire risk.

This is still a relatively new large-storage technology, where councils and fire authorities are building their levels of expertise. In this context, having clear national guidance on safe installation and construction akin to building control, taking account of HSE, fire, industry and other experts would facilitate the assessment of these schemes. Do the Government plan to provide such clear guidance that councils, industry and others can rely on in assessing applications for LDES that would also streamline consultation and hence facilitate local engagement with fire authorities?

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

My Lords, I thank the noble Lord, Lord Fuller, for his amendment. I start by apologising to him for the meeting date, which I understand is 30 October. He will know from comments made earlier that I have had a great number of meetings before Report, so I can only assume that it was a misunderstanding and apologise to him that it was not held before we got to Report.

The noble Lord said that over on this side we would not be shedding any tears about the price of Lamborghinis going up, but he obviously does not understand my guilty pleasure of fast cars—but then I come from the same town as Lewis Hamilton, so I have an excuse.

The noble Lord’s amendment seeks to require long-duration electricity storage—LDES—operators to consult the local fire authorities to assess the project’s fire risk before installation. In Committee, the noble Lord commented on the frequency and danger of lithium battery fires. I thank the noble Earl, Lord Russell, for the distinction that he made between individual battery fires and these large-scale ones. I reassure the noble Lord that the Government take issues relating to fire safety extremely seriously—I know that my noble friend Lord Khan gave the same reassurance—but we still do not feel that this amendment is proportionate or necessary, and indeed it could create unintended risks for fire services.

I understand that these concerns are largely in relation to lithium-ion batteries. Analysis from DESNZ suggests that fires at battery energy storage sites are rare. The latest available five-year annual average fire incidence rate for GB batteries is 0.7%, which is lower than that for wider non-domestic building fires in England, which is around 0.8%. We expect all LDES developers to ensure that their sites are safe, regardless of the technology employed. It is still, of course, vital that any risks are appropriately and proportionately managed to ensure that we maintain public safety and trust. We have spoken previously of the role that the Health and Safety Executive plays in regulating storage assets. Developers and operators of these sites have a legal duty to manage risks, and government expects them to engage with local fire services when drawing up emergency response plans.

Defra will conclude its industry consultation shortly on the modernisation of environmental permitting for industry, which includes proposals to bring BESS within scope of the 2016 permitting regulations. If introduced, EPR would require developers and operators to demonstrate to the Environment Agency how specific risks are being managed, while providing for the ongoing regulation of battery storage sites. While it is already the Government’s expectation that developers engage with fire services during the planning process, this amendment risks imposing additional administrative burdens on fire services which are not proportionate to the risks associated with this technology.

DESNZ is actively engaging fire authorities and the battery storage industry on the whole issue of battery fire safety. In fact, Minister Shanks hosted a round table today on battery safety, which included representatives from the National Fire Chiefs Council and battery developers, so I can reassure the House that Minister Shanks is taking this issue extremely seriously. I hope that that provides some reassurance to the noble Lord, Lord Fuller, and the noble Earl, Lord Russell.

I hope that the noble Lord, Lord Fuller, is satisfied with the reassurances and will agree to withdraw the amendment.

[Lord Fuller (Con)]

My Lords, I came to this debate keen to divide the House on this important matter. However, during the debate a number of issues have come to light, not least the meeting held today by Minister Shanks and the acceptance that we are still owed a meeting where we can discuss this. Rather than detain the House at this point with a Division, I wonder whether the Minister and I might have an understanding that we will keep the date in the diary and, if I am not satisfied, then the opportunity will come to bring this back at Third Reading.

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Moved by

[Baroness Taylor of Stevenage]

26: Clause 26, page 36, line 8, leave out from “regulations” to end of line 13 and insert “under this section”
Member’s explanatory statement
This amendment makes all regulations implementing the consumer benefit scheme subject to the affirmative procedure.

[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.

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[Baroness Scott of Bybrook (Con)]

My Lords, group 14 concerns a matter of principle that cuts across the Bill: the appropriate level of parliamentary oversight for far-reaching executive powers. New Section 38A introduces a consumer benefit scheme to provide financial compensation to those living near new or upgraded electricity transmission infrastructure. The principle behind this is entirely sound. It is right that communities that host nationally significant infrastructure should share in its benefits.

We support Amendments 26 and 27 in the name of the Minister. Amendment 26 would ensure that all regulations made under this section are subject to the affirmative procedure, not just those relating to offences or enforcement. These regulations will define who qualifies for support, how benefits are delivered and the responsibilities of electricity suppliers. These are substantive decisions that should not be made without oversight of Parliament.

Amendment 27 is a necessary consequential amendment to reflect this change. Given the wide scope of delegated powers in the new section inserted by the clause, it is entirely appropriate that Parliament has a say in how much a significant scheme is developed and applied. The affirmative procedure does not prevent progress. It simply ensures that when Ministers exercise broad powers, they do so transparently and with accountability.

We believe these amendments strike the right balance between enabling the Government to deliver the scheme and ensuring that Parliament plays its proper role. We are pleased to support them.

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Baronesses for speaking, and I apologise to the noble Baroness, Lady Pinnock, for getting Halifax and Huddersfield mixed up. But neither Halifax nor Huddersfield will be getting their own clause in the Bill. I commend the amendments to the House.

Amendment 26 agreed.

Moved by

[Baroness Taylor of Stevenage]

27: Clause 26, page 38, line 36, leave out “in relation to which section 38A(6) applies” and insert “under section 38A”
Member's explanatory statement
This amendment is consequential on my amendment at page 36, line 8.

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Moved by

[Baroness Taylor of Stevenage]

28: Clause 28, page 39, line 11, leave out “appropriate forestry authority” and insert “Commissioners”
Member's explanatory statement
This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, the amendment standing in my name seeks to create powers to ensure that seismic array systems are protected in areas where windfarms are proposed to be built. Sorry, I am on the wrong group. I have got ahead of myself—who thought I would do that at 9.30 pm? My apologies; I turned over too many pages.

I am in fact speaking to an amendment to Clause 28, which amends the Forestry Act 1967 to enable the development of renewable electricity projects in the public forest estate. The clause as currently drafted applies to both England and Wales. The Government have tabled these amendments to remove references to the

“Natural Resources Body for Wales”

and “Welsh Ministers” from the clause. At the start of today’s proceedings, I referred to some amendments which are there to respond to the devolved Administrations. Although Clause 28 represents an important and shared objective, the Welsh Government have indicated that they wish to pursue existing, non-legislative processes to develop renewable energy on the Welsh Government Woodland Estate. Following extensive negotiation, this amendment alters the provisions in Clause 28 so that they apply only to the Forestry Commission.

I turn to government Amendments 36, 37 and 40. The provisions restrict the exercise of the powers of the Forestry Commission by giving the Defra Secretary of State the power to make regulations requiring the commission first to obtain her consent. The purpose of the Secretary of State’s power is to ensure that Ministers are sighted on projects above a certain size and can assess the use of the land appropriately. In its report on the Bill, the Delegated Powers and Regulatory Reform Committee raised concerns that the regulation-making power was broader than the stated policy intent. The Government therefore propose Amendments 36, 37 and 40, which will amend the clause to clarify that consent may be required only for projects exceeding specific capacity thresholds.

The thresholds are set at 5 megawatts for wind and 50 megawatts for other sources and are now laid out explicitly in new Section 3B. New Section 3B also includes a power for the Secretary of State to make regulations to change the relevant wattage of the capacity thresholds, allowing flexibility to reflect future advancements in renewable energy technology. This change provides greater legal certainty while maintaining the original policy intent, and I therefore commend these amendments to the House.

Finally, I turn to Amendment 44, tabled by the noble Earl, Lord Russell, and signed by the noble Lord, Lord Krebs, and the noble Baroness, Lady Young of Old Scone. It would place statutory duties on the Forestry Commission, in the context of any planning, development or infrastructure function it might have, to take all reasonable steps to contribute to biodiversity targets set under the Environment Act 2021 and targets set under the Climate Change Act 2008 and to contribute to the programme for adaptation to climate change under the Climate Change Act. It would also add a requirement for the Forestry Commission to balance the development of energy infrastructure with the maintenance of ecosystem services, alongside a requirement to avoid any direct or indirect adverse effects on designated sites and irreplaceable habitats.

The driving force behind Clause 28 is the need to increase the amount of renewable electricity that can be generated in the UK. This will enable the Forestry Commission to increase its contributions to government targets set under the Climate Change Act. The Forestry Commission already has legal duties on afforestation and conservation, and by its very nature is already providing significant benefits to help tackle biodiversity loss and climate change. It is therefore my view that the amendment is unnecessary.

Of course, the Forestry Commission will have regard to the Government’s biodiversity targets while exercising these new powers. It has clear responsibilities to consider and act to improve the environment via its biodiversity duty under the Natural Environment and Rural Communities Act 2006, as strengthened by the Environment Act. This legislation requires public authorities, including the Forestry Commission, to consider and take action to further the conservation and enhancement of biodiversity. In doing so, it must have regard to any relevant local nature recovery strategy as well as any relevant species conservation strategy or protected site strategy prepared by Natural England.

Furthermore, I can assure the House that the Forestry Commission will consider the importance of the climate in its use of these new powers. It has existing ambitious net-zero targets which it is working to meet via several significant projects for woodland creation and peatland restoration currently under way across the public forest estate. In the context of climate adaptation planning under the Climate Change Act, the Forestry Commission already provides reports on how it is adapting to or proposes to adapt to climate change, and it will continue to do so.

However, in recognition of the Forestry Commission’s importance to the achievement of our statutory targets concerning climate and nature, the Government may consider changes to the Forestry Act 1967 should a suitable legislative vehicle become available. It is my belief that these wider considerations of the Forestry Commission’s duties would be best considered in the round rather than in relation to this specific measure, which limits the application of the duties to the development context. Given these commitments, alongside existing provisions, I hope the noble Earl is reassured and will not press his amendment.

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The Forestry Commission already takes its environmental and climate responsibilities seriously, as the Minister has highlighted, and these are intrinsic to its existing functions. However, if there is to be a review, we would welcome consideration of the potential for conflicts within the Forestry Commission’s existing structure, in particular regarding its role as a competitor to private forests, as the regulator and as the grant awarder. That role occasionally brings the potential for conflicts and would be worth some further attention. I look forward to working with the noble Earl and all noble Lords who have signed this amendment in order to seek consensus on how the proposal to review the 1967 Act should go forward.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I will briefly respond to questions I have been asked during the debate. I agree with what has been said about the Forestry Act 1967. It was a long time ago now, but I firmly believe that the Act needs reviewing in the round, not in bits and pieces; otherwise, we will just exacerbate the current problem.

On the thresholds, the thresholds of five megawatts for wind and 50 megawatts for other sources were based on current data to illustrate the typical scale, visual footprint and land use of renewable energy projects at those capacities. If the amendment is accepted, the Secretary of State for Defra will be able to amend the capacity thresholds in future through secondary legislation. All renewable electricity projects that export electricity to the grid on the public forest estate will be reported to Defra each quarter.

The Secretary of State, as the landowner, and other Defra Ministers have decided that they would like early visibility of proposed developments above the relevant thresholds. The Forestry Commission will be required to submit an application for ministerial consent before entering into any significant legal or commercial agreements. This early-stage safeguard ensures appropriate oversight of land use decisions. Ministers decided that they want to assess at the pre-planning stage all projects above an agreed size on the public forest estate; that means all significant projects. As previously stated, the thresholds have been set at five megawatts for wind and 50 megawatts for all other technology types.

I hope that has helped to clarify the role of the Secretary of State and of the Forestry Act 1967. With that, I beg to move the government amendments.

Amendment 28 agreed.

Moved by

[Baroness Taylor of Stevenage]

29: Clause 28, page 39, line 13, at beginning insert “English”
Member's explanatory statement
This is one of a number of amendments that would result in Clause 28 no longer applying in relation to Wales.

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Moved by

[Baroness Taylor of Stevenage]

41: After Clause 28, insert the following new Clause—
“Wind generating stations that may affect seismic array systems(1) The Secretary of State may make regulations about planning permissions or consents relating to wind generating stations that may affect the functioning of a relevant seismic array system.(2) A “relevant seismic array system” is a spatially distributed system of linked seismometers, arranged so as to enhance the detection and characterisation of seismic signals, that—(a) is used for defence purposes, and(b) is in use on the day on which this Act is passed.(3) The regulations may provide for—(a) an exclusion zone, and(b) a restricted zone,around a relevant seismic array system.(4) The regulations may—(a) require a planning decision-maker to refuse, or decline to determine or accept, a planning application relating to a wind generating station that is (or would be) situated in an exclusion zone;(b) provide that a relevant development order or MCA scheme may not be made if it would grant planning permission for development relating to a wind generating station that is (or would be) situated in an exclusion zone;(c) allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.(5) The regulations may, in relation to a planning application relating to a wind generating station that is (or would be) situated in a restricted zone—(a) require the applicant to provide specified information about the seismic impact of the proposals (“seismic impact information”) to which their application relates;(b) require the planning decision-maker to use the seismic impact information in a specified way when determining the application (including when determining conditions relating to a permission or consent);(c) require the planning decision-maker to refuse, or decline to determine or accept, the application in specified circumstances;(d) require the planning decision-maker to provide the Secretary of State with the seismic impact information, and to seek the Secretary of State’s views on the seismic impact of the proposals;(e) require the planning decision-maker to refuse, or decline to determine or accept, the application if the Secretary of State objects to it on grounds relating to the seismic impact of the proposals.(6) The regulations may—(a) require a person proposing to make a relevant development order or MCA scheme to consult the Secretary of State if the order or scheme would grant planning permission for development relating to a wind generating station that is (or would be) situated in a restricted zone;(b) allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission. (7) The regulations may include provision about the procedure for planning applications to which they relate, such as—(a) provision enabling or requiring a planning decision-maker to decline to determine or accept an application;(b) provision modifying the process for determining an application;(c) provision allowing the Secretary of State to give a direction to the planning-decision maker about the procedure for an application;(d) provision modifying or disapplying a right of appeal or review;(e) provision disapplying a duty imposed on a planning decision-maker when determining an application.(8) The regulations may require a planning decision-maker to have regard to guidance issued by the Secretary of State.(9) Regulations under this section may—(a) amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament;(b) make different provision for different purposes or areas;(c) make provision binding the Crown;(d) make transitional, transitory or saving provision;(e) make incidental, supplementary or consequential provision.(10) Regulations under this section are to be made by statutory instrument.(11) A statutory instrument containing regulations under this section which amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.(12) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.(13) If a draft of a statutory instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.(14) In this section—“MCA scheme” means a masterplan consent area scheme made under Part 3 of the Town and Country Planning (Scotland) Act 1997;“planning application” means—(a) an application for planning permission under Part 3 or Part 13 of the Town and Country Planning Act 1990,(b) an application for planning permission under Part 3 or Part 12 of the Town and Country Planning (Scotland) Act 1997,(c) an application for an order granting development consent under section 37 of the Planning Act 2008, or(d) an application under section 36 or 36C of the Electricity Act 1989 (consent for construction etc of generating station);“planning decision-maker” means a person who determines a planning application;“relevant development order” means—(a) a local development order made under section 61A of the Town and Country Planning Act 1990; (b) a Mayoral development order made under section 61DA of that Act;(c) a neighbourhood development order made under section 61E of that Act;(d) a development order made under section 30 of the Town and Country Planning (Scotland) Act 1997;“wind generating station” means a generating station that generates electricity from wind.”Member’s explanatory statement
This new clause would empower the Secretary of State to make regulations relating to planning permissions for wind generating stations that may affect the operation of seismic array systems used for defence purposes that are in use at the time that the Act is passed.

[Baroness Taylor of Stevenage (Lab)]

My Lords, this amendment standing in my name seeks to create powers to ensure that seismic array systems are protected in areas where wind farms are proposed to be built, thus enabling the development of onshore wind where it will not have an adverse effect on seismic array systems. I thank the noble Earl, Lord Russell, who has a very deep knowledge of this subject and who kindly agreed to have a meeting with me even this morning on the topic, so I am grateful to him.

This amendment will enable regulations to be brought forward for the safeguarding of current Comprehensive Nuclear Test-Ban Treaty essential seismic arrays, notably the Eskdalemuir seismic array in southern Scotland. As a component of the international monitoring system for the Comprehensive Nuclear Test-Ban Treaty, signed by the United Kingdom in 1996, the array is critical for maintaining effective defence monitoring capabilities.

The amendment allows for regulations, subject to forthcoming consultation, to underpin more accurate measuring of the seismic impact of wind turbines, create clear zones within which seismic impacts must be taken into account, and set out how the Ministry of Defence would make these assessments. This would create certainty for planning authorities, the Ministry of Defence and developers, enabling appropriate proposals for wind farm development to be brought forward.

Enabling the development of onshore wind in the Eskdalemuir area will be a positive step towards the Clean Power 2030 mission and net-zero targets, with up to 3 gigawatts of onshore wind that could deliver by 2030. This 3 gigawatts could bring with it up to £2 billion of investment into UK-based onshore wind services. It could deliver up to £15 million per year to communities in the Eskdalemuir area through community benefit funds.

The amendment has been introduced at a late stage to allow for ongoing development of technical and policy work to identify a solution that effectively safeguards the array and enables onshore wind within the Eskdalemuir Working Group, a collaborative forum that has historically been led by the Scottish Government, to whom we are indebted, and has input from the UK Government, including the MoD.

The Bill represents the last available opportunity to secure the 3 gigawatt onshore wind capacity in time for 2030, and the economic benefits that it would bring. Not proceeding at this time and delaying further would impact deployment, reduce critical investor/developer confidence, and halt the momentum to resolve this issue. That being the case, I hope that the House will support this amendment.

Amendment 42, tabled by the noble Earl, Lord Russell, seeks to specify the maximum extent of zones within which onshore wind development may be totally restricted, and within which relevant regulations will apply. Such specificity at this stage risks pre-empting the government decision-making prior to the launch of a public consultation, which the Government committed to in the onshore wind taskforce strategy in July 2025. To do so could result in the most appropriate options for safeguarding seismic arrays and enabling onshore wind being discarded without proper consideration, as they would not be possible under the primary powers as amended. Safeguarding zones around MoD assets are constructed from specific criteria appropriate to individual assets.

The Government are seeking legislation to enable regulations that both protect seismic arrays and create certainty for onshore wind developers and planning authorities. If these zones are created through regulations, it will not be with the aim of blocking all onshore wind development, as is the case currently, but with the intention to safeguard seismic arrays and allow appropriate onshore wind development.

I hope that clarifies the approach we have taken, and that the noble Earl will withdraw his amendment. I beg to move the government amendment.

Amendment 42 (to Amendment 41)

Tabled by

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[Lord Jamieson (Con)]

I speak slightly in awe. I am not the world expert on seismic arrays, so I will keep my comments brief. This is the practical bit. We recognise that the Government are trying to create a balancing act between the safe and critical operation of seismic arrays and the opportunity of wind farms. From this side of the House, without the technical knowledge of the noble Earl, Lord Russell, can we receive an assurance from the Government that they have that balance right and that we will not compromise those seismic arrays and the potential national security and treaty obligations?

[Baroness Taylor of Stevenage (Lab)]

I hope that I can reassure the noble Lord that we are working very closely with our colleagues in the MoD on this issue and will endeavour to make sure that the balance is right in both cases.

Amendment 41 agreed.

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[Lord Roborough (Con)]

My Lords, I am grateful to my noble friend Lord Fuller for Amendment 43 and to my noble friend Lord Hodgson of Astley Abbotts for his loyal and able introduction of Amendment 45 in the name of my noble friend Lady Hodgson of Abinger. I declare my interest as a farmer, although not of as much best and most versatile land as I would like. To illustrate the point made by my noble friend Lord Fuller, I point out that solar currently offers risk-free returns roughly five times as great as farming land. From a farmer’s point of view, the incentives for doing this are very strong and it is up to the Government to regulate and protect the best and most versatile land.

I will not repeat the arguments that we have heard. They have been very well made and were made at earlier stages of this Bill, as well as on previous Bills, debates and Questions. I will briefly outline our position on these amendments.

We on these Benches are steadfast: food security is national security. Protecting our best and most versatile agricultural land is essential, and we will not apologise for standing up for our farmers and consumers. When the most productive agricultural land is lost to solar developments, our food supply is less secure when it need not be. Where solar developments are pursued, they should be developed on weaker land, not on our most productive farmland. My noble friend Lord Fuller indicated that 42% of UK agricultural land is best and most versatile, but there is also a great deal of unclassified land. So if it is far less than 42% of our landmass, why are we building these large-scale solar farms on it?

The noble Earl, Lord Russell, suggested that there was not a problem here, but since the last election we have seen a number of NSIPs brought forward that include a significant amount of best and most versatile land. It is not necessary to use this best and most versatile land; plenty of land is available that is weaker and could support the incomes of the farming community while providing the energy that we are looking for. Should my noble friend Lord Fuller wish to test the opinion of the House, we will support him. I look to noble Lords on the Benches to my left to join us in standing up for farmers and underpinning our commitment to food security. It will be very disappointing if they are unwilling to support this important amendment.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank all noble Lords who have taken part in this debate. Before I respond, I send our best wishes to the noble Lord, Lord Alton, for a very speedy recovery. As the noble Lord, Lord Blencathra, said, his amazing contributions to our debates, particularly on human rights issues, are greatly missed and I hope he will be back with us as soon as possible.

The noble Lord, Lord Fuller, and the noble Baroness, Lady Hodgson—whom the noble Lord, Lord Hodgson, ably stood in for—have tabled amendments relating to solar generation on agricultural land. This was debated at great length in Committee. While I appreciate the very strong feelings on this issue, the Government’s approach to these propositions has not changed.

On the amendment from the noble Lord, Lord Fuller, it is important that every project is submitted to the planning process which befits its impact, scale and complexity. The Government believe that large solar farms, even when they propose to use higher-quality agricultural land, are best dealt with under the NSIP regime. The NSIP regime is rigorous. Local engagement remains at the heart of the process. Developers taking projects through the NSIP regime must undertake meaningful community engagement before any decision is taken. The level and quality of community engagement, among other factors, will be taken into account by decision-makers.

In Committee, the noble Lord appeared to suggest that the involvement of Ministers in the NSIP regime undermines public confidence in its ability to assess the costs and benefits of solar projects. I reassure him and your Lordships’ House that all ministerial planning decisions must be taken in strict accordance with planning policy and the Ministerial Code. This is in line with the policy governing decision-making by local planning authorities. As a result, as I explained on the last occasion when we debated this, we would not expect the planning outcomes to change.

As I argued previously, the Government are fully aware of the benefits of returning control, where suitable, to local authorities. At the end of the year, we shall double the NSIP threshold for solar, enabling projects of up to 100 megawatts to be decided locally. There is only one solar farm above 100 megawatts at the moment, and that was decided through an NSIP process.

[Lord Wilson of Sedgefield (Lab)]

By the previous Government.

[Baroness Taylor of Stevenage (Lab)]

Yes. Any marginal gain in public confidence from returning control to local authorities must be weighed against the likely costs of this proposal. First, giving responsibility for the complex and lengthy examination of NSIP-scale projects to local planning departments will increase the burden on resources that are already under pressure. Secondly, for proposals that are of strategic importance to the country, central government is the most appropriate decision-maker. Changing policy to give these decisions to local authorities may increase investor uncertainty at a pivotal moment. Lastly, accepting this amendment would imply that the NSIP regime is either not competent or not qualified to adjudicate on some issues. It may reduce confidence in NSIP decisions that have already been taken and in those that will be taken in the future.

On the amendment tabled by the noble Baroness, Lady Hodgson, introduced by the noble Lord, Lord Hodgson, the Government sympathise with her objective to protect fertile farmland from overdevelopment. In Committee, she mentioned how the war in Ukraine has brought into sharp relief the need to protect food security. This gets to the heart of the matter, for another lesson of the war in Ukraine is the strategic vulnerability of relying on volatile imported fossil fuels for our energy supply. We must find the right balance between food security and energy security. That is why food security and energy security are currently balanced in the planning system, which considers both these factors.

This amendment tilts the balance too far in one direction, so we must oppose it. It would prevent a significant portion of the solar development required to deliver energy security. Many fields contain land that varies in quality. It would not be proportionate to reject an otherwise beneficial project because a small portion of its total area was classified as “best and most versatile land”. This blunt instrument would jeopardise the Government’s plan to achieve clean power by 2030 and, in turn, our work to deliver lower bills in the long term, high-skilled jobs, and, yes, energy security.

The noble Lord, Lord Hodgson, mentioned the monitoring of solar farms. The Renewable Energy Planning Database lists all projects larger than 150 kilowatts, such as solar farms, including their precise locations. It covers projects at all stages of the planning process, from application to operation.

The noble Lord, Lord Cameron, referred to the land use framework and whether it is a material consideration in terms of the planning process. By law, planning applications are determined in accordance with the development plan for the area unless material considerations indicate otherwise; what constitutes a material consideration is for the local planning authority to determine, based on the circumstances of a particular case. The evidence base that underpinned the land use consultation and feedback on it will inform the Government’s wider strategic planning agenda.

I would like to make a few brief comments on what the noble Lord, Lord Blencathra, said about China—

[Lord Hodgson of Astley Abbotts (Con)]

The Minister talked about the monitoring procedures. Her remarks indicated they were going to be only when the projects were in their early stages. The worry is what happens maybe three, four or five years later, when the people who start owning it pass it on to someone who may be less attractive to the future of this country. Will the monitoring be a continuous process throughout the life of each project?

[Baroness Taylor of Stevenage (Lab)]

I believe I said—I hope I did—that all stages would be monitored, from application to operation. I hope that is reassuring to the noble Lord.

In relation to the comments made by the noble Lord, Lord Blencathra, on China—it is important to pick them up—the Government are committed to tackling the issue of Uyghur forced labour in supply chains, including the mining of polysilicon used in the manufacture of solar panels. We expect UK businesses and solar developers to do everything in their power to remove any instances of forced labour from their supply chains. The Procurement Act 2023, which came into force on 24 February, enables public sector contracting authorities to reject bids from and terminate contracts with suppliers that are known to use forced labour themselves or anywhere in their supply chain.

The Government are considering how to strengthen Section 54 of the Modern Slavery Act 2015, which places a requirement on businesses with a turnover of £36 million or more to publish an annual modern slavery statement, including possible penalties for non-compliance, as well as working with a wide range of stakeholders to update the Section 54 statutory guidance. I hope that gives the noble Lord some reassurance that we are taking this very seriously indeed.

From my time as the Minister in MHCLG with responsibility for net zero, I know that we have looked extensively at the UK supply chains and what might be done to further promote and help them to grow their businesses. All this being said, I agree with the sentiments of the noble Baroness that more should be done to install solar on rooftops. We are pursuing various measures in connection to this, as mentioned by the noble Earl, Lord Russell, from solar on schools and hospitals and our new building standards to tax breaks and our new £13.2 billion warm homes plan. We have recently conducted a call for evidence about solar car parks, which the noble Baroness praised in Committee.

It is important that we do not overstate the amount of agricultural land that might be occupied by solar infrastructure. I know the noble Lord, Lord Fuller, questioned the Government’s figures on land use. Without being drawn into that discussion, it is clear that a relatively small amount of land, 0.4% in the most ambitious scenarios, is due to have solar installed by 2030. This does not constitute a threat to food security or to British farming, which the Government will always champion. Rather, the primary threat to British agriculture comes from the damaging effects of climate change, and the noble Lord, Lord Fuller, already mentioned the impact on harvests this year. We have to take that into account as well. I, for one, think that Britain should do its part in the global effort to reduce greenhouse gas emissions. Building low-carbon power plants is an essential aspect of this.

I hope that the noble Lord and the noble Baroness will note the steps the Government have taken to return the decision-making of more solar projects to local authorities and the existing robust provisions for planning authorities to consider impacts on food production, and that the noble Lord might consider withdrawing his amendment.

[Lord Fuller (Con)]

My Lords, I thank the Minister for her winding. I do not intend to relitigate the debate we have just had; it is very late. It is almost as if the Government timetabled this debate after hours so the viewers at home could not see it. That is a shame, because the viewers would have seen for the first time the Lib Dems’ touching concern for the chilling effect on the investment prospects of the international investors for whom they wear their hearts on their sleeves.

We have reached a turning point in our nation’s story. We have a choice: will we stand up for those who put food in our bellies or is the Minister stuck in the middle of a fight between the Prime Minister on one hand, who says he believes in food security being national security, and an Energy Minister on the other who is impoverishing our nation, sacrificing thousands of British jobs on the altar of net zero while importing the jobs we used to make, but this time for more polluting factories overseas, which achieves nothing but to make us poorer?

We have a choice before us. It is not a binary choice of one or the other, as suggested by the noble Earl, Lord Russell. In our proposal, 58% of the national land would continue to be available. That is not binary; that is proportionate. Here is an opportunity for us all to get the balance right between energy security and food security by agreeing to my amendment. The counterfactual is that we condemn our countryside to an uncontrolled future, where our landscapes are impoverished and collateralised, passed around the global financial system like chips on a poker table.

To govern is to choose. Will this Government continue their war on the countryside or will they, even at this late hour, support our landscapes, the food producers and the rural economy? We should know. I would like to test the opinion of the House.

Building Safety Levy (England) Regulations 2025

Baroness Taylor of Stevenage Excerpts

Monday 20th October 2025 Lords Chamber

Moved by

[Baroness Taylor of Stevenage]

That the draft Regulations laid before the House on 10 July be approved.

Relevant document: 33rd Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 15 October.

Motion agreed.