Planning and Infrastructure Bill

Debate between Earl of Caithness and Lord Gascoigne

Committee stage
Wednesday 17th September 2025 Lords Chamber

[The Earl of Caithness (Con)]

My Lords, I have added my name to my noble friend Lord Roborough’s Amendment 313 and will speak to that and to my Amendments 311, 316 and 318. I hope my noble friend’s Amendment 313 is an easy one for the Minister to accept or at least confirm that the situation will not take place at all when it comes to compulsory purchase orders.

On Amendment 311, I have three items I would like to see included in the regulations. Two refer to the mitigation hierarchy. We discussed that at some length on Amendment 245, so I will not say anything more about that. One of the items I would like to add to the regulations is that they should require Natural England to consider a delivery hierarchy, such that preference is given to those bodies and persons implementing the EDP. I believe that will encourage the private sector to take its appropriate share of the work of EDPs and keep the money with the people who actually manage the land, tend it and care for it, not just for 10 years of an EDP but for the future generations as well.

Amendment 316 seeks to clarify the legal obligations or liabilities of other parties, such as landowners and farmers, in accepting NRF funds delivered to the EDP. Amendment 318 seeks to provide further clarity on the involvement of an appropriate body, not just a public authority. I hope the Minister will be able to confirm exactly what is meant in the Bill on that point.

[Lord Gascoigne (Con)]

My Lords, I wish to speak to a whole raft of amendments in my name in this Marshalled List: Amendments 307, 308A, 309, 310, 312 and 314. All are designed to ensure that the money raised through Part 3 for the nature restoration fund is actually spent on nature recovery rather than bureaucracy and process. This should concern us all because, as we have discussed repeatedly, Part 3 establishes what I see as an elaborate and quite ambiguous mechanism which does, in effect, carve out some developers from certain responsibilities.

Overall, my general approach to legislation is that it needs to be as comprehensive, clear and coherent as possible. We should not seek to keep things vague on purpose, because all that does is create problems, issues and delays down the line. Yet, as drafted, I fear that the Bill leaves a huge amount open to legal interpretation and case law. I am not speaking to any agency, body or department—perhaps it is more a reflection of human nature itself—but my experience is that where there is an ambiguous process, there is a tendency for government and others not to feel as much pressure on the need to deliver cost-effectiveness. On something as bold as this scheme, I fear that there is a likelihood of going through copious administrative procedure to mitigate litigation risk. Obviously, these copious administration procedures cost, and I suppose the ultimate question is: is it fair that nature pays that cost?

These amendments seek to limit the power of Natural England to take a cut from the fund at the expense of nature. I am sure that some will balk at this concept and ask where the money comes from, but that is not the debate here. I am seeking to ensure that the funds raised from developers are spent on their proper purpose. We should recognise that Natural England already has generous provisions allowing for it to charge fees for licenses and other work through Section 11 of the Natural Environment and Rural Communities Act 2006.

Amendment 307 seeks to limit the amount that Natural England can charge in accordance with those existing provisions. Could the Minister explain whether they no longer see those existing provisions as sufficient to recover legitimate costs for Natural England?

Amendment 309 seeks to ensure that any charges taken are used to work within the same local authority boundary. I am grateful to the noble Lord, Lord Teverson, who, sadly, is not in his place, for adding his name to the amendment. The amendment makes it clear that the levy raised must be spent within the same planning authority from where the levy originated. I am happy to discuss my reason for tabling the amendment, and there can be debate about whether it is too narrow in its definition. As currently drafted, however, the money raised from one site can be spent anywhere. I am blessed, as I am sure the noble Baroness, Lady McIntosh, will agree, to have been born in God’s own county of Lancashire. More recently, I confess, I have moved somewhere else. Hypothetically speaking, there is nothing in the Bill, as drafted, for a site to be taken out of where I live in Surrey now—