Planning and Infrastructure Bill

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Report stage
Wednesday 22nd October 2025 Lords Chamber

[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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[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.

Planning and Infrastructure Bill

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Report stage
Monday 20th October 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am grateful to the noble Baroness, Lady McIntosh of Pickering, for her Amendment 2. It would require the Secretary of State to assess the cumulative impact of nationally significant infrastructure projects—NSIPs—on both the environment and the communities in which such projects are being developed, when reviewing a national policy statement.

I am grateful to the noble Baroness for raising this important issue. I wholeheartedly agree that cumulative impacts—particularly those affecting the environment and local communities—must be given due consideration in the NSIP consenting process. I am therefore pleased to reassure her that the existing regime already provides for such considerations. It is already a statutory requirement for the Government to undertake an assessment of sustainability when designating or updating a national policy statement. These appraisals of sustainability—which include the strategic environmental assessment process—play a vital role in shaping national policy statements by evaluating their potential environmental, social and economic effects and any reasonable alternatives that could be used.

The strategic environmental assessment regulations require that the effects assessment includes an assessment of cumulative impacts. Non-spatial national policy statements that do not identify the likely locations of NSIPs are strategic-level documents, which means that it is not possible to identify cumulative impacts in detail. However, cumulative impacts are addressed, so far as possible at this level, to meet the requirements of the strategic environmental assessment regulations at this stage.

It is important that detailed consideration of cumulative effects takes place at the project level. By virtue of factors such as their nature, scale and location, NSIPs are likely to have significant effects on the environment around them. Under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017, an environmental impact assessment process must be undertaken, and the Secretary of State is prohibited from granting consent until an EIA has been carried out. The environmental statement must identify and assess the direct and indirect significant effects on specified factors, including environmental factors, population and human health. Cumulative effects are one of the required types of effects that must be identified and assessed.

In short, while the concern raised by the noble Baroness is entirely valid, the existing framework already requires the consideration of cumulative impacts, both in the preparation and review of national policy statements and in the assessment and consideration of individual development consent order applications.

The noble Baroness asked me about the local plan process. The whole process of local plans focuses on cumulative impacts. One of its purposes is to start off with individual policies and work through a process towards cumulative impacts. This will be enhanced by the addition of strategic level plans, giving a direct link from neighbourhood planning to local plans and then to strategic plans, allowing the cumulative impact across the whole picture to be assessed. In light of this, I respectfully ask the noble Baroness to withdraw her amendment.

[Baroness McIntosh of Pickering (Con)]

I am most grateful for that response. I most humbly apologise to the noble Baroness, Lady Bennett, for not thanking her for cosigning the amendment in the first place, for which I am very grateful. I am grateful for her supportive comments, and for those from the noble Baroness, Lady Pinnock; they clearly set out why this is so important. I took comfort from the support from my noble friend Lord Jamieson on my own Front Bench, and from the Minister. I hope we can explore this further in the context of spatial planning.

I was a little bit concerned when the Minister used the expression, “This is addressed so far as possible”. She helps to make the case for me, but for the time being, I beg leave to withdraw my amendment.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I will keep my comments relatively brief, because I had a lot to say at the beginning of this group. I start my concluding remarks by pointing out to noble Lords that it was concerns about water provision that encouraged the Government to bring forward further amendments in this respect. I thank all those noble Lords who have taken part in engagement both in the recess period, which I was very grateful for, and subsequent to that. I thank all those who met with me.

I thank the noble Lord, Lord Lansley, for his contribution. He set out his concerns very clearly and we appreciated that. That is why we are able to accept his amendments.

On the comments from the noble Lord, Lord Wigley, I understand the great and ongoing concerns around the Capel Celyn issue. I am afraid that the powers in this Bill are for England, but I will come back to him in writing about what powers the Senedd has to act in a way that might help with his concerns. If that is acceptable to him, I will write to him on those specific issues.

The noble Baroness, Lady McIntosh, discussed the efficiency of reservoirs. There have been recent improvements in that, but there is room for further improvement, and I am sure that colleagues in Defra are as exercised as she is in making sure that that is the case. I am very glad that she mentioned Professor Bellamy; that brought back some very happy memories. I will not try an impression—I am not very good at them—but he was a real character. His contribution to the natural world in this country was enormous, and I am very grateful for that.

The noble Baroness asked about how the need for water is assessed; the noble Baroness, Lady Scott, referred to that too. Water companies have a statutory duty to provide a secure supply of water for customers efficiently and economically and to set out how they plan to continue to supply water through statutory water resources management plans. They are assessing that constantly. These set out how each company will continue to meet this duty and manage the water supply and demand sustainably for at least the next 25 years. There is therefore a constant assessment of that.

On the noble Baroness’s points about smaller reservoirs, I hope that I set out clearly in my comments that these can be undertaken currently under permitted development. We recognise the need to look at those permitted development regulations, and we will return to them.

[Baroness McIntosh of Pickering (Con)]

I understand that I bounced this idea into the debate and that the Minister was not aware that I would do so, but can she write to me on the state of the proposals to dispense with the Reservoirs Act and bring forth recommendations from the Balmforth review from 2019? That is an incredibly long time. Can she set out what the timescale will be?

[Baroness Taylor of Stevenage (Lab)]

I am happy to do that.

I will respond to the noble Lord, Lord Blencathra, out of order, because, as he said, some of the issues that he raised could not happen now; the Planning Act 2008 means that many of those issues would not be the case now. I am making my response to the noble Lord out of order because I want to come back to the points about heritage issues raised by the noble Lord, Lord Parkinson. As the noble Lord said, my colleague from DCMS and I have now set up a very useful round table with heritage organisations, or organisations representing heritage issues. I will raise some of those specific issues with the round table; it is important that we do so. The National Policy Statement for Water Resources Infrastructure has a dedicated section on the historic environment, which sets out what applicants should do in their development consent order application.

The Secretary of State will, when determining applications, specifically identify and assess the particular significance of any heritage asset that may be affected by the proposed development. All applicants for development consent, including dam and reservoir schemes, are required to provide information about heritage impacts from their projects when they submit their application. Where development is subject to an environmental impact assessment, the application is also required to take that assessment, as I pointed out earlier.

With the examining authority considering that as part of the examination, and the Secretary of State identifying and assessing the particular significance of heritage assets, I hope that that gives some reassurance that proposed developments must comply with specific obligations related to listed buildings, conservation areas and scheduled monuments. That obligation is placed on the Secretary of State and set out in the Infrastructure Planning (Decisions) Regulations 2010. I hope that that offers some reassurance to the noble Lord.

The noble Baroness, Lady Pinnock, discussed some of the other measures that can be taken to conserve water; I do not disagree with her on that. Colleagues in Defra are exercised in ensuring that we make efficient use of water and that we are not setting up reservoirs unnecessarily. Because I come from one of the areas of great water scarcity in the country, I know what a huge issue this can be. I point out to her that, in contrast to where reservoirs were built for the steel industries and then the water was not needed afterwards, we are now looking at data centres as a new generation of economic activity. They need water, so I know that there will be new needs for water going forward.

Planning and Infrastructure Bill

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Committee stage
Wednesday 17th September 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady McIntosh, for tabling these amendments and for her thorough introduction. I meant the other day to ask the noble Baroness, Lady Bennett, to take our very good wishes for a speedy recovery to the noble Baroness, Lady Jones, who I hope is recovering quickly. I am sorry that I did not do that before.

Effective implementation of SUDS, including adoption and maintenance, can reduce the impact of new developments on sewers by adding up to 87%, creating headroom for additional developments where they may not be possible with only conventional drainage. I have previously shared with the noble Baroness, Lady McIntosh, some of the outstanding schemes that I have seen in Sussex and with the noble Lord, Lord Lansley, in Cambridge. The responsible developers make provision for the ongoing maintenance of these schemes. We need to see sustainable drainage in more developments, to designs that cope with changing climatic conditions, deliver wider water infrastructure benefits and help to tackle our water pollution problems. We have already taken steps to improve the delivery of SUDS through the planning system. The update to the NPPF, published on 12 December, expanded the requirement to provide SUDS to all development with drainage implications. I restate that, although the NPPF is not a statutory document in itself, it is part of the statutory planning system.

Sewerage undertakers have the ability to refuse a connection where it appears to them that it would prejudice their network or not meet their reasonable standards. There is no automatic right to connect to a sewerage system. The Independent Water Commission, chaired by Sir Jon Cunliffe, is reviewing the water sector regulatory system in England and Wales. The UK and Welsh Governments will consider the report, including whether it has implications for the right to connect. That report should be factored in before considering any potential legislative changes to Section 106. Regardless, the Government are strongly committed to requiring standardised sustainable drainage systems, or SUDS, in new developments and are considering how best to implement our ambitions.

The Government published updated non-statutory national standards for SUDS in June 2025, which were welcomed by stakeholders as a positive step. We intend to consult on the national planning policy related to decision-making later this year, including policies on flood risk and SUDS. I will take back the noble Baroness’s point about run-off, because it would be useful to consider that at the same time. Also this year, we will consult on ending freehold estates, which will include options to reduce the prevalence of private management arrangements for community assets including SUDS. For this reason, I hope that the noble Baroness will withdraw her amendment.

[Baroness McIntosh of Pickering (Con)]

I am grateful to all who have spoken and those who have supported the amendment: the noble Baroness, Lady Young, who echoed my concerns about why the original legislation was not implemented; the noble Baroness, Lady Bennett, for reminding the House about the “slow the flow” scheme, particularly the Pickering pilot scheme that I was closely associated with; and my noble friend Lady Coffey for pointing out the reason for the blockage and delay. It is like, “We are going to do it, but just not yet”. There is a degree of urgency and let us bear in mind that, as my noble friend Lord Blencathra on the Front Bench pointed out, if your house was built on a flood plain since 2009, you cannot be insured, or the only insurance that you can get is probably so cripplingly expensive that you cannot afford it.

For a host of reasons, I believe that the time is now. I was told during the passage of the levelling-up Act that we would have to wait for a different opportunity. The time is now, so I will revert to this at a future stage of the Bill. For the moment, I beg leave to withdraw the amendment.

Planning and Infrastructure Bill

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Committee stage
Thursday 4th September 2025 Lords Chamber

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

My Lords, that was a very interesting, wide-ranging, detailed and thoughtful debate around many planning matters, including some of the amendments that had been tabled. I am very grateful to all noble Lords who have taken part. As a planning geek myself, it is never a trouble to listen to these types of discussions. I will answer some specific points, but I would like to make a couple of general comments first.

In introducing her amendment, the noble Baroness, Lady Scott, asked for a more radical approach to planning. The noble Lord, Lord Young, set out the radical approach even better than I could myself. I have, of course, heard completely opposing views on the Planning and Infrastructure Bill before us, with one set of people saying that it is too radical and another saying it is not radical enough. I always think that if you get to there, you are probably in about the right place, but your Lordships will be the judge of that.

The Bill is a step in driving forward the infrastructure planning and changes to planning that we want to see in order to get economic growth going, but it is not the only step. As the noble Lord, Lord Young, outlined, as we continue with our planning for new authorities, there will be further change in introducing the strategic plans—that is coming forward in the English Devolution and Community Empowerment Bill. I look forward to debating those changes with noble Lords in due course.

The noble Lord, Lord Young, also mentioned the investment that is needed in planning. We are very aware of the fact that the cuts to local government funding that we all experienced over a couple of decades have meant that the investment in planning was not always there. We have already put £46 million in to try to improve the investment in planning and the quantity and capacity of planning departments. We will continue to work on that.

The noble Baroness, Lady Pinnock, raised the issue of local plans. We are already making progress on that. The Secretary of State has made it very clear to local authorities that she expects to see local plans in place. You jeopardise the whole process of development in this country when you get an out-of-date local plan, and developers can ride roughshod over local wishes because there is no local plan in place. It is a very important part of the process. The noble Lord, Lord Young, raised the issue of how these local plans will be reconstructed when we get new authorities in place. Of course, much of the work will have been done. We will not need to redo all the studies; they can be aggregated into those wider plans. But it is important that those plans will be in place.

To pick up a point that is not in these amendments, I say to the noble Lord, Lord Fuller, that I am aware of the issue with level 7 apprenticeships in planning. I was very keen on planning apprenticeships and having that route to good quality and more capacity in planning teams. I am discussing that with colleagues in the Department for Education and will comment on that further when I have had more discussions with them.

Turning now to Amendments 94FB and 94 FC, tabled by the noble Baroness, Lady Scott, I understand the importance of ensuring that local planning authorities or the Mayor of London are not burdened with unnecessary obligations, particularly in relation to fee setting. That is why I want to be very clear. The Government’s intention is to pursue a local variation model. The approach will not require local planning authorities or the Mayor of London to set their own fees but instead provides those authorities with the option to vary from a national default planning fee where they consider it necessary to do so to better meet their costs.

However, we believe it is important to retain a flexibility within that power. The inclusion of “or require” preserves the ability to mandate local fee setting should there be a compelling case for it in the future—for example, to improve service delivery or address disparities in performance. Removing that flexibility would risk constraining our future ability to evolve the system. The noble Lord, Lord Lansley, talked about how we will monitor planning performance. He will know very well that an extensive planning monitoring regime in already in place, which local authorities have to meet. Keeping an eye on this, as well, will help with that. I hope the noble Baroness will agree that retaining this power in its current form represents a balanced and prudent approach and that she will agree to withdraw her amendment.

I am grateful to the noble Baroness, Lady Thornhill, for tabling Amendment 94G. I am entirely in accord with her on the importance of ensuring that fees are proportionate to the nature and size of the planning application. In her very clear explanation of her amendment, she rightly highlighted the importance of our SME building sector, which we also saw highlighted, as she will remember, in the report of the Competition and Markets Authority. I share her intent to do all we can to support SMEs. Indeed, it was a local SME builder who helped me kick off my housing development programme when I was a council leader. It was a mutual arrangement—we helped support them and they helped support what we were doing. There can be very good arrangements locally.

However, the Bill already provides a clear and robust framework to ensure that planning fees are proportionate. The noble Lord, Lord Fuller, and the noble Earl, Lord Lytton, mentioned the proportionality issue. As I just mentioned, the Government intend to introduce a local variation model 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. To answer the noble Baronesses, Lady Thornhill and Lady Neville-Rolfe, this will account for variations in the size and nature of sites.

The model ensures both consistency and transparency in fee setting while allowing local planning authorities the flexibility to depart from the nationally set default fee where circumstances warrant. The Bill requires that any locally set fee must not exceed the cost of delivering the relevant service—I hope that picks up the point made by the noble Lord, Lord Lansley—and that local communities must be consulted on proposed changes. Importantly, the Secretary of State will also retain the power to intervene where fees are considered inappropriate, thereby providing an important safeguard to uphold consistency and equity across the system. I am therefore confident that the Bill already addresses the concerns that this amendment seeks to resolve.

On Amendment 95, tabled by the noble Baroness, Lady McIntosh, I agree that well-resourced planning departments are essential in enabling the development that our communities need, but also for safeguarding those communities from unauthorised or harmful development. We appreciate the intention of the amendment in supporting the resourcing of enforcement activity but, as planning enforcement serves the wider public interest, it is appropriate for local authorities to allocate funds to support these services. Allowing planning authorities to raise planning fees to cover enforcement costs could result in disproportionately high fees. We are concerned that that may deter development at a time when we are committed to accelerating housing delivery and getting Britain building.

To answer the noble Baroness’s question directly, this was not an oversight in drafting the Bill; we did consider it. More broadly, the Government have, as I have already mentioned, committed to the £46 million package of investment to support the capacity and capability of local planning authorities.

[Baroness McIntosh of Pickering (Con)]

I am most grateful for the Minister’s response to the amendment. My concern is that it looks as though the Government are going to build on functional flood plains. That is why the role of property resilience measures is so important, and why the enforcement should be included in the fees. So, I hope she will think again.

[Baroness Taylor of Stevenage (Lab)]

I am grateful to the noble Baroness for that and for her long-standing lobbying on flooding issues. We have a group of amendments later today on flooding. I hope that I can pick up some of the questions she has raised under those amendments.

I am grateful to the noble Lord, Lord Parkinson, for his Amendment 96, which seeks to ensure that guidance to local planning authorities on setting planning fees explicitly advises them to include the costs of essential services, such as archaeology, provided by local authorities. We recognise that, especially in two-tier areas, planning authorities may need to obtain expertise from other authorities to determine applications. Where local authorities choose to set their own fees, they will be expected to take account of the costs incurred in obtaining such contributions and reflect them appropriately in their fee-setting process.

As I have just highlighted, we are currently undertaking a national benchmarking exercise and engaging with local planning authorities to develop a consistent and evidence-based approach to local fee setting. A consultation on the national default fee schedule and the framework for local fee setting will then be published later this year. These matters are best addressed through secondary legislation and detailed guidance, as that provides the flexibility we may need—I can see the noble Lord nodding; he has probably given that answer himself from the Dispatch Box—to respond to evolving practice and local circumstances. That is particularly true in planning, which is such a dynamic area. As such, I do not consider it necessary to place the requirement in primary legislation.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady McIntosh, for tabling these amendments, and the noble Earl, Lord Clancarty, the noble Lord, Lord Foster, and the noble Baroness, Lady Scott, for their comments. I share the desire of the noble Baroness, Lady McIntosh, to ensure that new developments do not place unreasonable restrictions on existing businesses and are integrated effectively into their surroundings, and the point that the noble Baroness, Lady Scott, just made that live music venues are the things that make our communities vibrant and alive. We have just had our fantastic Old Town Live festival in Stevenage, in a series of music venues right along our high street; they are the things that bring people together and make it a good place to live.

The agent of change principle is already embedded in the National Planning Policy Framework. I reiterate my comments earlier that, although the National Planning Policy Framework is not a statutory document in itself, it forms part of the statutory planning process. The Government are clear that where the operation of an existing business or community facility could have a significant adverse effect on a new development in its vicinity, the applicant or agent of change is responsible for providing suitable mitigation before the development has been completed.

Local planning authorities can also use planning conditions to make developments acceptable by addressing specific concerns, such as environmental impacts from noise pollution—for instance, by the use of engineering to reduce noise at source, or the use of noise insulation to mitigate the impact of noise on residents. Where they receive complaints, local authorities are obliged to take reasonably practicable steps to investigate. This allows them to consider a variety of factors in determining whether a complaint constitutes a nuisance in the eyes of the law. Additionally, local licensing authorities can incorporate the agent of change principle into their statement of licensing policy if they consider it useful to do so. This is at their discretion, as they are best placed to understand their own local context.

I understand the desire to embed these principles into law, but we believe this to be unnecessary given the provisions that already exist. It also risks increasing the number of legal challenges to developments. We will continue considering how the agent of change principle can be better implemented within the planning system through national planning policy reform. For these reasons, I kindly ask the noble Baroness, Lady McIntosh, to withdraw her amendment.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am extremely grateful for the support I have received from those who have spoken, in particular the noble Earl, Lord Clancarty, the noble Lord, Lord Foster, and my noble friend Lady Scott.

The Minister is missing the point. Each of those who spoke explained how the NPPF is not working because it is not on a statutory basis, and that the integration and harmony we would like to see between residential properties and businesses is being harmed by this. The very fact that one of the venues that Ed Sheeran sang at early in his career has since closed, along with the other examples we heard from the noble Earl, Lord Clancarty, shows the importance of this.

I again ask the Minister whether she would be minded to have a meeting before Report with those who have expressed an interest in this area today, because I really believe that we need to progress this and put it on a statutory footing. In the meantime, I beg leave to withdraw the amendment.

Planning and Infrastructure Bill

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Committee stage
Thursday 17th July 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendments 26, 27, 32, 35, 39 and 42 were tabled by the noble Baroness, Lady McIntosh. I am grateful to her for her amendments, and I thank the noble Baronesses, Lady Coffey and Lady Pinnock, for their comments. The noble Baroness, Lady Pinnock, referred to throwing the baby out with the bathwater. I am afraid that, in this instance, the baby has become so fat that it cannot even get out of the bath, never mind be thrown out.

As I have outlined over the course of this debate, these amendments seek to undo a number of amendments tabled by the Government in the other place to remove the statutory requirement for applicants to consult in the preparation of an application. Given that this significant change was introduced during the Bill’s passage—a point I accept from all noble Lords who have mentioned it—I will outline again the Government’s motivations for making the change.

A particular aspect of concern has been the increasing length of time spent at the pre-application stage, resulting from the way that statutory requirements are being complied with. As outlined, consultation has become a tick-box exercise—the very one I was referring to earlier—that encourages risk aversion and gold-plating. We have therefore concluded that these requirements are now serving to slow schemes down rather than speed them up, and that the consultation taking place is not meaningful to the people involved. It just becomes that tick-box exercise.

In bringing in these changes, we want to speed up the typical period taken to submit applications and further save money in this Parliament’s pipeline of projects. We are committed to sustaining a planning system that encourages high-quality applications and delivers benefits to the nation and local communities. We all know that high-quality applications are those that have been developed through early and meaningful engagement with those impacted, including local authorities, statutory consultees, communities and landowners. Affected individuals will, of course, still be able to object to applications, provide evidence of impacts on them and participate in the process through which applications are examined.

As I have explained, in making this change the Government are clear that this signifies not that consultation and engagement are no longer important but just that the current system is not working well for either developers or communities. Guidance will be forthcoming on how engagement can be undertaken so that applicants can produce high-quality applications. We look forward to engagement on this matter. I take the point made by the noble Lord, Lord Jamieson, about consultation on consultation—he is right—but, in this case, it is necessary.

The Planning Inspectorate will continue to consider whether an application is suitable to proceed to examination and be examined under statutory timeframes. The guidance will outline best practice—to answer the point made by the noble Baroness, Lady McIntosh. I cannot give her any absolute detail yet because, as we said, we are consulting on it, but it will outline the best practice, which will involve pre-application engagement. The Planning Inspectorate, on behalf of the Secretary of State, will continue to issue advice to applicants under Section 51 of the Act and have regard to the extent to which applicants have had regard to the advice. These changes will provide flexibility so that applicants can undertake engagement in the way they consider best for their proposed development in accordance with that guidance. I therefore kindly ask the noble Baroness, Lady McIntosh, to withdraw her amendment.

[Baroness McIntosh of Pickering (Con)]

I am grateful to the Minister for her remarks, and to all who spoke. I meant to give a big shout-out to the clerks in the Public Bill Office. I know how hard our Front Bench and the Government Front Bench are working, but I understand that there are only four clerks in the Public Bill Office, who are assisting us with all our amendments, so I am deeply grateful to them for their assistance in this regard.

I am grateful to the noble Baroness, Lady Pinnock, and my noble friends Lady Coffey and Lord Jamieson for their support. The noble Baroness, Lady Pinnock, made a good point about reforming, not removing. Together with the loss of hope value and the new provisions on the compulsory purchase of land that we will come to later, I find it staggering how shabbily treated farmers and landowners are by this Government. I am sure there will be plenty more opportunities to elaborate on those arguments.

I understand that the Government are consulting on the guidance at the moment, but it is regrettable that we are not in possession of the guidance before we are asked to remove Clause 4, or at least to reintroduce the consultation at pre-application stage of category 1 and category 2 persons. It seems profoundly undemocratic—profoundly rude, in the words of the noble Baroness, Lady Pinnock—and I will consider whether or not to bring this back at a later stage. But, for the moment, I beg leave to withdraw the amendment.

Housing Associations: Financial Assistance

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Thursday 3rd July 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I am grateful to my noble friend for that question. As well as the financial support that we announced yesterday, there is a significant package of delivery to help support our colleagues in local government and in the registered provider sector, supporting the planning process with additional funding for planners, setting clear targets for housing delivery, investing in the skills and capacities I outlined, working to help accelerate stalled sites through the major sites accelerator, helping with the delivery of infrastructure through the Planning and Infrastructure Bill—which we will debate shortly—looking forward very much to the New Towns Taskforce and its work, and ensuring that we stabilise the economy to attract the investment we need in housing after 14 years of failure that led to the housing crisis.

[Baroness McIntosh of Pickering (Con)]

The noble Baroness will be aware that there is a crying need for one-bedroom and two-bedroom houses in rural areas. That need is not fulfilled because the houses that are being built have three, four or five bedrooms. The affordable homes that form part of a planning application are often resiled from on intervention from the Secretary of State. Will the noble Baroness use her good offices to review the position to ensure that there is a stable supply of one-bedroom and two-bedroom homes in rural areas?

[Baroness Taylor of Stevenage (Lab)]

The Government genuinely understand the need for homes in rural areas, and we have focused on the rural exception site type of policies that allow local areas to ring-fence that housing for local need. We will continue to do that. It is for local authorities to determine the types of housing, both through the planning process and in their local plans. In the National Planning Policy Framework, which was published in December, we have for the first time allowed local authorities to make provision specifically for their social housing needs, which I hope will help in rural areas.

Planning Reforms: Energy and Housing Costs

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Thursday 15th May 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, it is important that, as we go forward with our ambitious target to build 1.5 million homes, we take care of the environment at the same time. Natural England’s role in that, which the noble Lord points to, is key in developing the plans that will protect nature as we build those homes. I understand the concerns that he and other noble Lords have about the resources in Natural England. We are working very closely with it, and we will provide it with additional resources to help it deliver with us what I do not think is a contradiction: the development and infrastructure that we all want to see, while protecting our precious natural environment at the same time.

[Baroness McIntosh of Pickering (Con)]

My Lords—

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

I am sorry, but the noble Lord is quite wrong in his assumption. We are prioritising building on brownfield sites. I know he has a particular bugbear about London; I was with the Mayor of London just last week and was very pleased to see his review of the use of the green belt in London as part of the work on the London Plan. I was interested to hear that, of the half a million hectares of green belt in London, just 13% is made up of parks and accessible green space. The mayor is making progress on this, and so are we. Brownfield will always be our first choice, but we are looking at grey-belt and green-belt development as well.

[Baroness McIntosh of Pickering (Con)]

Will the Minister look carefully at the cumulative impact on rural and coastal communities of major infrastructure projects? When an offshore planning application is made for a wind farm, it is causing real distress: before people realise it, they have substations to take the electricity on board, and then lines of pylons. What steps will the Government take to alleviate this situation?

[Baroness Taylor of Stevenage (Lab)]

We now have a land-use framework from Defra, and we will be producing a long-term housing strategy, which will include information about how we intend to work in rural areas. I hope the noble Baroness will contribute to the consultation on that. It is of course very important that we develop the infrastructure we need as a country and continue our move towards a clean-energy future. That will mean some use of land in rural and urban areas, but that can sometimes be exaggerated. The figure my noble friend the Energy Minister often cites is that, at the moment, our plans mean that 0.1% of land would be used for solar farms. So we have to be careful about over-exaggerating the issue, but the noble Baroness’s point is well made and we do need to protect good-quality agricultural land—that is our intention—as well as making sure we build what we need.

Car Parking Companies

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Tuesday 4th February 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I think many local authorities would say that the fees and charges that they charge for parking help with the enormous gap in funding that they have faced in the last 14 years, and that is one of the reasons why they do it. It is for the voters of the local areas to decide whether or not the parking policies in their area are sound; local people can challenge parking policies if they wish to.

[Baroness McIntosh of Pickering (Con)]

Does the Minister share my concern about the level of hospital parking charges, which seem to be completely unregulated? Will she look at this at the earliest opportunity?

[Baroness Taylor of Stevenage (Lab)]

I am sorry: I missed the start of the noble Baroness’s question.

[Baroness McIntosh of Pickering (Con)]

Will the noble Baroness look at the astronomically high level of hospital parking charges, which seem to go completely unregulated?

[Baroness Taylor of Stevenage (Lab)]

Once again, I understand the frustrations about this. It is for hospital trusts to decide how they manage their own parking arrangements, and people can challenge that. However, I appreciate that there are significant issues in that respect. I am sorry to keep repeating it, but if the noble Baroness wishes to put in a submission to the consultation, I would be grateful to hear from her.

Planning Committees: Reform

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Thursday 12th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

The noble Lord is quite right to pick up this point. It is the intention that, where applications are in conformity with the local plan, a speedy decision should be taken. The whole point of these reforms is intended to make that much easier, without removing the ability of local councillors and communities to make their views known on it. This is a working paper for discussion with the sector, and we hope that the sector will put its views forward. The intention is to speed up the process, not to have planning applications stuck in the system.

[Baroness McIntosh of Pickering (Con)]

My Lords, I had the honour to chair the Select Committee on the review of the Licensing Act 2003. One of our most powerful conclusions was that planning and licensing committees should be merged, and that there should be consistent and frequent training of planning and licensing officers before they take their place on these committees. Is that something that the Government might look favourably on introducing? It would increase the effectiveness of the local voice and the way in which planning and licensing committees operate.

[Baroness Taylor of Stevenage (Lab)]

The noble Baroness is absolutely right. I must admit that, at my local authority, you had to have training before you went on the planning committee, and I had assumed that that was the case everywhere. It is not. Part of the consultation on the working paper is the introduction of mandatory training. We are considering a wide range of implementation options, and we look forward to working with stakeholders. There are great examples of training around the country. However, it is inconsistent—more inconsistent than I had realised—and we need to find out where the best practice is so that we can work nationally on that issue. I totally agree with her point that the public will have more confidence if they know that people have had training.

Spending Commitments to Local Councils

Debate between Baroness Taylor of Stevenage and Baroness McIntosh of Pickering

Monday 22nd July 2024 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Baroness most warmly on her new position. I remind her that she spoke from these Benches less than two months ago saying that the existing spending commitments for local councils on drainage authorities were insufficient. Does she still hold that view?

[Baroness Taylor of Stevenage (Lab)]

My Lords, we all know that for too long funding and support for local leaders has been fragmented and inconsistent, and the noble Baroness rightly raises the issue of those authorities that have drainage levies imposed on them. We will continue to look at that issue. I did raise it and indeed I have had correspondence since I took up this new role, so we will continue to look at that.