Planning and Infrastructure Bill

Debate between Earl of Caithness and Baroness Hayman of Ullock

Committee stage
Wednesday 17th September 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

I have also got rid of Japanese knotweed—I have not had much success with Himalayan balsam, though.

I thank the noble Lord, Lord Roborough, for Amendments 253, 296 and 297, and the noble Lord, Lord Cromwell, for Amendment 253B. I will consider these together because they all relate to invasive non-native species and the nature restoration fund. The Government recognise the impacts of invasive non-native species on our native species and ecosystems. As the Minister for invasive non-native species, I appreciate the noble Lords’ intentions in tabling these amendments, but they do not align with the targeted nature of the nature restoration fund.

However, I reassure noble Lords that I have a particular bee in my bonnet about how we best tackle invasive non-native species, because they can have a devastating impact on our native biodiversity. Himalayan balsam means that nothing grows at all, and it wrecks riverbanks. However, it is about not only what is here at the moment and how we manage it but how we stop more invasive species coming in. That is a huge challenge. While I am on that subject, the noble Lord, Lord Lucas, asked about the list—it is retained EU law, but we have been reviewing and amending it in order to tailor it to UK circumstances.

Amendment 253 would require Natural England to take action to eradicate the invasive non-native species that could negatively impact an EDP’s environmental features. The legislation already allows invasive non-native species control to act as a conservation measure, where this would support the action of Natural England to materially outweigh the impact of development on the relevant environmental feature. However, we should recognise that it might not always be the best option in terms of environmental impact, value for money and delivery considerations, such as the need to secure the overall improvement by the EDP end date.

Requiring action to eradicate invasive non-native species, regardless of these considerations, could delay EDPs, increase costs, and limit the ability to secure positive environmental outcomes. With these amendments, the Secretary of State would be required to revoke an EDP—even one delivering effectively for nature—because of the presence of a single grey squirrel, which does not make sense in the bigger picture. Making EDPs contingent on mandatory eradication in this way could also make them unviable. On the grey squirrel question, the noble Lord asked about the sterilisation programme. To confirm, the programme is ongoing, and is being supported by Defra.

Amendment 253B, tabled by the noble Lord, Lord Cromwell, seeks to require bodies exercising powers relating to an EDP to ensure that legal obligations under the Weeds Act 1959 are “publicised, observed and enforced”. The Weeds Act grants powers for the Defra Secretary of State to serve landowners with a requirement to remove the weeds specified within the Act, and ensures that landowners retain responsibility for their own land, instead of public bodies needing to act.

EDPs are a targeted tool to address the impact of development on specific environmental features. Introducing a broad obligation for Natural England, and others exercising responsibilities relating to EDPs, would expand the scope of EDPs, and risk diverting focus from their core purpose. The noble Lord, Lord Cromwell, and others discussed ragwort. I assure the noble Lord that there is nothing in this legislation that would preclude Natural England or others from taking action in line with the Weeds Act, such as reporting the presence of ragwort where this is encountered, or from appropriately removing such weeds where Natural England, or delivery partners, are delivering conservation measures on the ground. With these explanations, I hope that the noble Lord, Lord Roborough, will withdraw his amendment.

[The Earl of Caithness (Con)]

My Lords, I was interested in that debate, and would like to pick up what the Minister said. Given her responsibilities, could she update us on the point my noble friend Lord Roborough made about the grey squirrel? Could she be a little more specific about the up-to-date situation on that, but also on deer in general, which are causing havoc to young plantations and farmland? Those might not include non-native or invasive species, but there are far too many deer in the countryside.

[Baroness Hayman of Ullock (Lab)]

One of the main deer that cause a problem is non-native, but we will not go into that. The department is currently producing the revised deer strategy, which I am sure we can share with the noble Earl when it is produced. The noble Earl, Lord Kinnoull, is working closely with the group working on the grey squirrel sterilisation programme. I have had meetings with him and his colleagues, but I cannot provide the details of that, as it is something that they are driving forward themselves. It may be worth the noble Earl having a conversation with the noble Earl, Lord Kinnoull, and we are supporting the work that he and his group are doing.

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[The Earl of Caithness (Con)]

My Lords, what my noble friend Lord Roborough has said is very important. I draw the Committee’s attention to an announcement in February of this year from the Environmental Farmers Group, which comprises about 4% of England’s farmland—nearly a million acres—and over 700 farmers. Before the powers of this Bill got into print or came to this House, the Environmental Famers Group managed to reach an agreement with Natural England that satisfied Natural England and the local authority, and ended the moratorium on housebuilding between Salisbury and Christchurch. Thousands of new houses will be built as a result of this agreement, and the environment will benefit. It would be a tragedy if this Bill inadvertently started to block agreements such as that and Natural England resorted to compulsory purchase and a state attitude that it is the only one that can do it. It is vital, as the noble Lord, Lord Inglewood said, that every possible angle is kept open for the private sector in its various forms to contribute to the benefit of biodiversity, development and growth in this country.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Lord, Lord Curry, for Amendments 258, 268 and 353. These amendments speak to the role that private providers of nature services will play in the delivery of the NRF.

We share the desire of the noble Lord—and that of other noble Lords who have spoken in this debate—to support private sector investment in nature. We are clear that private and third-party providers will play a critical role in delivering the NRF. By design, this Bill allows a partnership approach to the delivery of conservation measures. This includes explicit reference in Clause 76 to paying others to undertake conservation measures. The Government expect Natural England to use competitive procurement approaches, wherever appropriate, to ensure innovation and value for money.

As the noble Lord, Lord Cromwell, said, we tried to spell this out a little better in the letter that we sent round. It explained that EDPs will provide new opportunities for the private sector, habitat banks, farmers, local authorities and environmental groups to supply nature services. Of course, local solutions are an important part of this, but I am happy to write to the noble Lord regarding processes. As part of the wider measures to support the NRF, the Government will issue guidance to natural England specifically on this point.

The noble Lord also asked about the percentage of the levy that would go to conservation measures and how much would be spent on other things. We cannot be specific on that because clearly it will depend on the nature and size of the EDP and the measures that are going to be agreed. Admin will be able to be claimed for, but the overall focus is delivering the conservation measures—that is what we want the money to be spent on. There will be charging schedules which will provide more information.

The problem with enforcing the binary choice in the amendments is that it would reduce the role for private solutions as part of the implementation of Part 3 of the Bill. My The noble Lord—I think I will call him my noble friend—Lord Inglewood rightly said that we need choices in order to have the best outcomes for nature.

On Amendments 318B and 320B, in the name of the noble Lord, Lord Cromwell, Natural England will work with private providers and landowners to deliver conservation measures. We recognise the vital role these providers will play in making the NRF a success. Restricting Natural England’s ability to deliver conservation measures itself in the way proposed would risk EDPs being unable to deliver value for money for developers where the only available and willing providers are prohibitively expensive.

We are shortly going to be discussing compulsory purchase, so I will say here that we expect Natural England to consider compulsory purchase only where attempts to acquire land by agreement have failed, and that use of Natural England’s compulsory purchase power must be authorised by the Secretary of State. I trust the noble Lord will be content not to press his amendments.

I turn to Amendment 318ZA, in the name of the noble Lord, Lord Roborough. I understand the desire for clarity on the opportunities for farmers and others to be involved in the delivery of conservation measures. As mentioned earlier, this model relies on close working with private partners and landowners, and we will publish guidance to support this. However, we are aware that local landowners know their land better than anybody else.

On Amendment 325ZA, tabled by the noble Lord, Lord Cromwell, I will be very brief. I reassure the noble Lord that this amendment is unnecessary because, where the land is available to Natural England at market value, it will already be able to pursue the compulsory purchase order as there is a long-standing requirement that compulsory purchase orders can be used only where reasonable efforts to negotiate the purchase of land by agreement have failed.

Finally, regarding the noble Lord’s questions around SFIs, to confirm, we are looking to launch a reformed scheme next year. As I know more details, I will keep the noble Lord in touch with that. With those explanations, I kindly ask noble Lords not to press their amendments.

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[The Earl of Caithness (Con)]

My Lords, I am grateful to the Minister. Can she confirm that Clause 76(3) refers only to EDPs?

[Baroness Hayman of Ullock (Lab)]

I apologise—yes, it does.

[The Earl of Caithness (Con)]

My Lords, I am grateful. This has been very helpful. I beg leave to withdraw the amendment.

Planning and Infrastructure Bill

Debate between Earl of Caithness and Baroness Hayman of Ullock

Committee stage
Monday 15th September 2025 Lords Chamber

[The Earl of Caithness (Con)]

My Lords, I am grateful for what the Minister said. She confirmed that the EDP will state the scientific basis for the conservation measures proposed. What happens if one thinks that the scientific basis is wrong? Given Natural England’s track record so far, how does one get to challenge that when one thinks it is wrong? That is going to be very important.

[Baroness Hayman of Ullock (Lab)]

I cannot remember whether it was in the previous debate or the one before that, but I clarified that a vehicle for challenge is available. It is there. I cannot remember if it was mentioned in the previous debate or the one before that.