Planning and Infrastructure Bill

Debate between Lord Mackinlay of Richborough and Lord Jamieson

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Lord Jamieson (Con)]

My Lords, it is pleasing to hear support for local democracy from around the House, which I can only endorse.

Amendment 63, tabled by my noble friend Lord Lansley, concerns the first set of regulations made under the proposed national scheme, which, as drafted, would determine how local planning decisions are to be made in the future. My noble friend’s amendment seeks to ensure that these initial regulations are subject to the stronger form of parliamentary scrutiny, the affirmative procedure. That requirement is important, as the national scheme represents a major structural change in the planning system. It alters fundamentally the balance between decisions taken by elected planning committees and those delegated to officers.

Such a shift in decision-making authority carries significant implications for local accountability, democratic oversight and public confidence in the planning system. Given the scale and significance of these reforms, it is only right that Parliament should have the opportunity to consider, debate and explicitly approve the first set of regulations before they take effect. Therefore, my noble friend’s amendment seeks not to delay progress but to strengthen legitimacy, to ensure that this House and the other place have a proper role in scrutinising the framework through which these changes will be implemented. In short, the affirmative procedure would provide a vital check and balance at a moment of genuine structural transition in the planning system. I hope that the Government will look favourably on my noble friend’s sensible and proportionate proposal.

Amendment 76, tabled in my name, aims to ensure that the vital role of local democracy in the determination of planning applications continues, while ensuring that spurious call-ins are avoided, by requiring the head of planning and the chair of the planning committee to confirm that the objections are on valid planning grounds. This reflects best practice in many authorities today.

We believe in local democracy because we believe in local people. That means ensuring that the right homes are built in the right places, with the consent and confidence of the communities they affect. Committee chairs and chief planning officers are well placed to judge when wider scrutiny is needed. Retaining their discretion in this way would ensure transparency and trust, without dismantling the efficiency of a national delegation scheme.

Ministers may argue that the amendment would undermine the purpose of national delegation by allowing too many applications to go to committee, but that is simply not the case. It requires the agreement of both the professional planner and the elected chair, and only when the objections rest on valid planning grounds. That is a proportionate safeguard, not a free-for-all. This is about balance and maintaining efficiency in the system, while giving communities the confidence that genuine concerns will be heard and scrutinised. That is how we build trust in planning and how we deliver development that truly has local consent.

Finally, I will briefly speak to Amendments 62A and 87F, tabled by my noble friend Lady Coffey. Amendment 62A is in a similar vein to my own, as it proposes that an officer should not determine an application outside of an adopted local plan. Amendment 87F looks to the issue of the failure to build out, so can the Minister say why the Government have not moved forward with the parts of the Levelling-up and Regeneration Act that sought to address that?

[Lord Mackinlay of Richborough (Con)]

My Lords, my noble friend Lord Jamieson was quicker to his feet than I was. I will make a few comments on Amendment 87F, standing in the name of my noble friend Lady Coffey.

I served as a councillor for eight years on the unitary Medway Council, working for some of that time on planning, and had the benefit of representing a constituency in Kent in the other place. I am very aware that whenever a substantial planning application is put to the local community there is generally uproar and a lot of concern. There may be a lot of consultation and a lot of money spent by the developer. There are presentations to the local public and local councillors, and everything else that goes with that. It can be quite upsetting for local communities. In my experience, the Liberal Democrats are very adept at exploiting that concern, usually for political advantage.

Having gone through that process, we find that a lot of the planning applications never actually get built out—and at a time when we have a huge demand for housing. Developers then look again at somewhere a bit simpler to develop out. It is not for us in this place to dictate the market—that is obviously for developers—but the terms that my noble friend Lady Coffey has proposed are right. Perhaps we should start to recognise some of the names among the bigger developers that seem to be going for applications and not building them out. We hear, obliquely, about hundreds of thousands of planning applications that have been approved that are yet to be built out. I do not know the exact figure —I do not think that I have ever known it—but we are told that it is in the many hundreds of thousands.

If my noble friend Lady Coffey’s amendment were to be adopted, it would be very refreshing to know those numbers regularly. It could give local people some pressure to knock on the doors of the developers and ask, “Are you going to do this or not?” In addition, other authorities would be able to look at neighbouring authorities elsewhere in the country and, if they see similar developer names, they might start to wonder what those developers were doing.