Planning and Infrastructure Bill

Lord Hunt of Kings Heath Excerpts

Committee stage
Wednesday 17th September 2025 Lords Chamber

[Lord Ravensdale (CB)]

My Lords, I declare my interests as a chief engineer working for AtkinsRéalis, and as co-chair of Legislators for Nuclear. This group of amendments gets to the heart of some of the issues with this Bill. It is important that we get Britain building again, not least to reverse the long stagnation in the UK economy since 2008. The Chancellor tells us that growth is the problem, and investment is the solution, which I wholeheartedly agree with.

There is a significant risk that Part 3, the centrepiece of this Bill, is not going to deliver for complex infrastructure. The reasons are straightforward: Part 3 may work for a known issue such as nutrient neutrality for a housing development, where developers can club together and pay into a fund. However, for infrastructure developments, habitat issues will not be known in advance, and there will not be time for developers to agree and implement an EDP before consent. Therefore, they are left with a couple of options: they can try to twin-track, which could risk adding even more bureaucracy to the process, or go the existing route. We all know the issues with the existing route—bat tunnels and fish discos have been well-publicised—but less well known are the years-long delays to offshore windfarms due to issues with compensation for environmental impacts and the like.

For example, we have had multi-year delays to the trio of Norfolk offshore wind projects—Norfolk Vanguard East, Norfolk Vanguard West and Norfolk Boreas—due to issues around compensation for an undersea worm, Sabellaria reef, even in areas where it was not present. That is not to mention cutting the size by around 40% and the generation potential of East Anglia ONE North windfarm due to habitat issues with red-throated diver, despite assessments putting the impact at one bird death per year.

Ultimately, if the Government want to meet their ambitious targets for clean energy and growth, they will need an approach that delivers for infrastructure, as well as for housing. For energy, we have managed to build approximately 4 gigawatts of new capacity per year over the last three years. To meet the Government’s clean power target, that will have to increase to at least 15 gigawatts per year between now and 2030—from the Government’s own data—so that is a quadrupling of our current build rate. A lot of that is offshore wind, and I should be clear from my examples that this acceleration in build rates simply will not happen under the current regulatory regime.

At the foundation of all this are the habitats regulations, which are of course very important for the protection of nature in this country but which have become overly burdensome due to the impacts of case law over the years and an overly precautionary approach by the regulator in some cases. Amendment 350 in the name of the noble Lord, Lord Hunt of Kings Heath, proposes some minor changes to steer the interpretation of the habitats regulations back to their original intent to protect nature but to strike a balance. This has been developed in broad consultation with planning lawyers and ecologists who have decades of experience in taking large projects through the planning system.

The amendment provides a menu of options for the Government. One of those is defining a science-led approach, which is important because too often the statutory nature conservation bodies require developers to provide evidence against hypothetical rather than real risks. I am vice-chair of the POST board—the Parliamentary Office of Science and Technology. POST is the link between the scientific research community and Parliament, and we work to ensure a science-led approach to lawmaking. This is an area where it is vital that we ensure that we take a scientifically rigorous approach.

The second part of the amendment would overturn some aspects of case law to get to a more proportionate approach, stating that de minimis effects cannot produce an adverse effect; that mitigation measures can be taken into account when deciding whether a proposed project is likely to have a significant effect; that there is no need to redo a habitats assessment for approval of conditions under a consent that was originally subject to a habitats assessment; and, finally, that compensation measures need not address the same type or scale of impact as the harm caused nor be in place before impact occurs, which restates existing law. I will leave the noble Lord, Lord Hunt, to fill in the detail.

The package of measures in Amendment 350 is a pragmatic and proportionate means of restoring some balance to a system that is currently making it extremely difficult to build infrastructure in the UK. One of the key benefits of what we are proposing is that it would have immediate benefits for a range of projects around the UK. It does not need additional regulations to be developed and raised nor EDPs to be developed; the impact is there straight away.

Amendment 346DA in my name is in the same vein and attacks the problem from a different angle—again, I thank the noble Lord, Lord Hunt of Kings Heath, for his support. It seeks to recognise that there are perhaps narrowly defined classes of projects which should be able to cut through the usual process. For example, we are building offshore wind, which is vital to our energy security and therefore to our national security. Is it really acceptable that these developments have been held up for years because of delays to compensatory regimes under the habitats regulations? Can we really afford to delay infrastructure that is key for the Government’s net-zero target, for energy security and therefore national security in this way? I suggest not, and that there could be certain classes of project, those related to national security and energy security, where the Secretary of State should have additional powers to allow projects to proceed and to work to define their own compensatory measures.

Between Amendments 350 and 346DA, we have a package of options for the Government which seek to recognise the issues of Part 3 for infrastructure and ensure that the Bill delivers for growth—I add to this my previous Amendment 46 on regulators. Ultimately, we need to strike a better balance between the impact of infrastructure on the local environment—the micro view—and the benefits of that infrastructure for the nation, whether that is net zero, energy security or economic growth: the macro view.

We have heard some rumblings in the news about a second planning Bill focused on infrastructure. I do not know the truth of that, but my observation is that we cannot wait for another Bill; we simply do not have the time. The Government need to seize the opportunity that the Bill represents and ensure that it delivers for infrastructure, and I restate the immediate benefit that these amendments would have. I beg to move.

[Lord Hunt of Kings Heath (Lab)]

My Lords, it is a great pleasure to follow the noble Lord. I thank him for his amendments and for his support of mine. In fact, he very ably summarised my amendments. It is clearly important and good that we are getting back to what the Bill is all about: the growth agenda. As the Explanatory Memorandum and policy background state, we have a huge problem in building the infrastructure that we need to get this country going again and growing again. The Bill is obviously designed to help us do that, particularly through the planning reforms, EDPs and so on. The big question is whether the Bill is sufficiently focused to give us confidence that our regulatory system is not going to prevent the kind of rapid growth that we need. This is where there is some concern.

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[Baroness Young of Old Scone (Lab)]

My Lords, I do not know where to start on this one. I must admit that, if I had had the neck of the noble Lord, Lord Hunt, in my hands this morning after reading the Telegraph article, he would no longer be here to press his amendment tonight.

[Lord Hunt of Kings Heath (Lab)]

My Lords, that does not sound very comradely, if I may say so.

[Baroness Young of Old Scone (Lab)]

I am definitely not feeling comradely right now.

We must get away from this polarisation. These amendments, jointly in the names of the noble Lords, Lord Hunt and Lord Ravensdale, are valuable and worth considering, particularly in the area of infra- structure. But they are complex, and they need calm and informed judgement and analysis before we go overboard for them. We will not stay calm, and we will not have orderly evidence-based judgement, if we get the sort of article that reports in the way that the noble Lord, Lord Hunt, has been portraying it, in places—some of which he reflected this evening.

The ENGOs are not on an ego trip. They are not intrinsically against growth. The regulators are doing their best job with their resources against habitats regulations that were invented in order to stem this massive decline of biodiversity in this country, which threatens our existence. Every species extinction foreshadows our own. We have to get away from this belief that somehow everybody else in Europe implementing the habitats regulations is doing it with less purity, and is being far less up themselves— if noble Lords will pardon that unparliamentary language—than we are. The reality is that most places implementing the habitats directive are not trying to maintain and recover biodiversity in an area that is as densely populated and as much contested, in terms of land use, as this country is, particularly England. We have to bear that in mind: we are trying to cram an awful lot into a very small space of land, particularly in the south-east and around our coastal regions. So let us get off the polarisation argument.

The Telegraph piece is headed:

“Eco-zealots are crushing the economy”.


That does not foster good and sane debate. It says that

“the anti-growth environmental quangos are blocking developments on spurious grounds”

and that Natural England has an “anti-growth” mindset. I do not believe any of these points. It may well be that the noble Lord, Lord Hunt, has been quoted incorrectly, but from what he said tonight I do not believe that. It would be very unfortunate if we fell into the trap of polarising growth against development; we are smart enough to do both, and there is real commitment across conservation interests to do that. So let us stop winding up this debate in an irresponsible way.

I was going to go on to many of the other reasons for delay in the planning system but, at this time of the night, I will not. I will simply say that, when you talk to developers who are not on their soapboxes about the barriers they face, you find that the barriers are not solely environmental; there are many others. It is an example of the poverty of the noble Lord’s case and the way he is making it—not necessarily its basic tenet—that he quotes the old, hackneyed example of the HS2 bat tunnel. The problem with the HS2 bat tunnel was the problem of HS2, not the problem of nature conservation. If, as we had recommended 20 years ago, HS2 was called MS2, Medium Speed 2, it would have been possible to have mightily reduced the cost of the whole project by taking 20 miles an hour off the top speed and allowing the route to wiggle around all the things that we have now spent a fortune compensating for.

[Lord Hunt of Kings Heath (Lab)]

If my noble friend would let me correct a point, I did not mention bats at all; I mentioned my experience of Hinkley Point C, which is very different.

[Baroness Young of Old Scone (Lab)]

I apologise to the noble Lord for that, but the article in the Telegraph said that, on the night he was quoted, he talked about bats.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I was at a conference yesterday, and the Telegraph reported on it. The headline is not my authorship.

[Baroness Young of Old Scone (Lab)]

I look forward to a detailed account from the noble Lord as to what exactly he did say that night and what in the Telegraph article he denies that he said. Anyway, if we had cut the speed of HS2, we would have avoided not only having bat tunnels but spending huge amounts of money on compensatory habitat for the destruction of ancient woodlands.

Let us not be unclear about this: Catherine Howard and her colleagues are very knowledgeable, but they are clearly representative of the development sector. Although their views are worth considering, they are not the only experts in this field. I do not believe that the extreme picture of the nature conservation bodies that is being represented is true. Nature is dramatically in decline and the habitats regulations were invented to meet that issue, so let us consider the approach in the amendments calmly and with a lack of polarisation. If we do not, we will simply continue to trade off nature in the interests of growth, when we should in fact deliver both.

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[Lord Blencathra (Con)]

My Lords, I support my noble friend’s amendment and make a plea for a simplified environmental audit for small modular nuclear reactors. I have in my hand here the speech I delivered on 22 October 2015 in the Grand Committee, aiding and supporting my noble friend Viscount Ridley on small modular nuclear reactors. The debate was supported by everyone in that Committee.

The Environment Minister said that she was totally in support of small modular nuclear reactors and that the technology was coming along rapidly and had to be followed through. We were then told that DECC, the Department for Environment and Climate Change, was carrying out a technical study which would inform the development of small modular nuclear reactors, which would conclude in 2016.

What has happened since then? Absolutely nothing—until in June this year the Government gave Rolls-Royce the go-ahead. Rolls-Royce was gagging at the bit in 2015 to crack on with this. I am afraid the last Conservative Government dithered on small modular nuclear reactors, just as Tony Blair's Government dithered on building Hinkley Point, which was initially costed at €3.3 billion. Then it went to £5 billion, £10 billion, £18 billion and £24 billion. I do not know what it is now—£30 billion or £40 billion.

Small modular nuclear reactors are clean energy. They can be positioned around the country, avoiding the need for huge cabling and pylons. As I say, Rolls-Royce was gagging at the bit and has now got approval to go ahead. Rolls-Royce has been building small modular nuclear reactors for 70 years, perfectly safely. They are in nuclear submarines. Of course, there is a difference between the nuclear engine one has in a submarine and the land-based modular nuclear reactor. But the science is not worlds apart. It is like a car company able to build a petrol engine, then told to build a diesel engine. Yes, some of the components are different and the construction is different, but the concept is the same. It is not rocket science.

I was concerned to read the other day that the wonderful visit of President Trump may involve a deal to get American small modular nuclear reactors. Well, I say to the Government, as we have got Rolls-Royce able to make these things and ready to crack on with them, the people of this country will not understand if we get ones dumped from Westinghouse or GE Hitachi from the United States. At the moment, British industry has a head start. Let us make sure we keep that head start by not putting in excessive regulation—which the Americans might not be required to have—nor planning applications which could take years and years to put a small, safe, modular nuclear reactor outside some of our cities.

That is why we need a simplified environmental audit plan for the positioning of our modular nuclear reactors and then we can crack on and get the cheap, clean power we need. The wind farms are not overexpensive, but the government subsidy is now ridiculously high. No wonder everyone wants to build wind farms—it is money for old rope, considering the subsidy the Government give them. We will not need as many of those, and we will not need pylons all over the countryside. I urge the Government to consider not just my noble friend’s amendment but the possibility of a simplified system for small modular nuclear reactors.

[Lord Hunt of Kings Heath (Lab)]

My Lords, tempting as it is to have a large-scale debate about nuclear energy, I do not think that noble Lords will want that. I broadly understand where the noble Baroness is coming from, and I am sympathetic to the thrust of what she is saying. However, I say to her and to the noble Lord, Lord Blencathra, that nuclear is part of the package. It is the essential baseload. We are going to be very reliant on wind and sun, and the whole thing has to be seen together.

We have this huge potential now. Hinkley Point C is making real progress. A final investment decision has been reached for Sizewell C. The noble Lord, Lord Blencathra, is right about the importance of the appraisal that GBN has undertaken, and government support for Rolls-Royce, and the announcement this week of the agreement with the US, which is twofold. The first point is regulatory alignment, which means, rather like in the pharmaceutical sector, that if one of the major regulators in the US, the UK, or Europe signs off a particular medicine, there is often mutual recognition. Clearly, this is important in meeting this point about reducing the amount of unnecessary bureaucracy in relation to regulation in future. The second point is on the announcement by a number of US companies, particularly from the west coast, who wish to invest in AI and data centres in the UK aligned to advanced modular reactors, which is fantastic news.

On the point made by the noble Lord, Lord Blencathra, I am sure Rolls-Royce is going to be in a very good position, but it has to be open to companies to invite other countries’ reactors as well. You do not want to put all your eggs in one basket in any case. The question then comes back to the issues we have been talking about recently as to whether the regulatory system we have collectively is going to be up to meeting this challenge. I commend a report published yesterday by Britain Remade, whose conference I happened to attend, which caused such offence to my noble friend. It is a very good report about the history of nuclear power development in this country. We had the lead once upon a time. We foolishly threw it away. We have a great chance to get back in at a substantive level, but at the moment it simply costs too much. There are various reasons: there is overspecification—we have heard that before—and there is slow resource-intensive consultation, planning and permitting. We have heard about the issues around some of the environmental protections, and there are various other reasons as well.

I wanted to ask my noble friend this. She knows that there is a Nuclear Regulatory Taskforce. It was set up under the auspices of the Prime Minister and the Chancellor. It gave an interim report in the summer. It is going to come back very soon with a substantive report, but the interim report spoke of,

“fundamental concerns about how regulation operates in practice, with the most prominent being that the system is perceived to be unnecessarily slow, inefficient, and costly”.

On the assumption that this report comes out within the next few weeks, will it be possible to use this Bill on Report as a way of trying to deal with some of the regulatory hurdles? I understand that my noble friend probably cannot answer that, first because the Government have not received the report, and secondly because they will have to consider how to do it, but I just express the hope that we might be able to use this Bill as a vehicle.

[Lord Ravensdale (CB)]

Very briefly, I follow on from the point of the noble Lord, Lord Hunt of Kings Heath. I raised the point he just made in a question a week or so back. That is a really important point: to try and join the dots between the work ongoing with the regulatory task force and this Bill, because it is a prime opportunity to make the legislative changes that are required.

I certainly support the intent of the amendments that the noble Baroness put forward. To go back to the announcement on Monday, we are going to need nuclear in many more locations across the UK than the traditional nuclear sites. I chair an organisation called Midlands Nuclear, where we have been undertaking a siting study for where we can locate nuclear across the region in many non-traditional sites—for example, old coal-fired sites and gas sites. That is going to require a new approach to planning: how we take all these reactors forward, and the sheer number of reactors that were talked about in Monday’s announcement. I temper that by saying that, of course, we are going to need energy of all forms to get to net zero: more wind, solar, nuclear and gas storage. I highlighted some of the issues with wind in debate on the previous group of amendments. We need to think about how we do this more broadly in the planning system.

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Moved by

[Lord Hunt of Kings Heath]

356A: After Clause 107, insert the following new Clause—
“Pre-consolidation amendments of planning legislation(1) The Secretary of State may by regulations make such amendments and modifications of the Acts relating to planning as in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with, the consolidation of the whole or a substantial part of the Acts relating to planning.(2) The Acts relating to planning are—(a) the Commons Act 1899;(b) the Public Health Act 1936;(c) the Agricultural Act 1947;(d) the Historic Buildings and Ancient Monuments Act 1953;(e) the Land Compensation Act 1961;(f) Part 4 of the Public Health Act 1961;(g) the Compulsory Purchase Act 1965;(h) the Forestry Act 1967;(i) the Post Office Act 1969;(j) the Land Compensation Act 1973;(k) the Inner Urban Areas Act 1978;(l) the Ancient Monuments and Archaeological Areas Act 1979;(m) Parts 9 to 18 of the Local Government, Planning and Land Act 1980;(n) the Highways Act 1980;(o) the New Towns Act 1981;(p) the Acquisition of Land Act 1981;(q) Part 2 of the Civil Aviation Act 1982; (r) the Building Act 1984;(s) Part 5 of the Airports Act 1986;(t) the Town and Country Planning Act 1990;(u) the Planning (Listed Buildings and Conservation Areas) Act 1990;(v) the Planning (Hazardous Substances) Act 1990;(w) the Planning (Consequential Provisions) Act 1990;(x) Parts 1, 3 and 5 of the Planning and Compensation Act 1991;(y) the Transport and Works Act 1992;(z) sections 67 to 69 and 96 of, and Schedules 13 and 14 to, the Environment Act 1995(z1) Part 7 of the Greater London Authority Act 1999;(z2) the Countryside and Rights of Way Act 2000;(z3) sections 118 and 397 of, and Schedule 4 to, the Communications Act 2003;(z4) the Planning and Compulsory Purchase Act 2004;(z5) the Natural Environment and Rural Communities Act 2006;(z6) the Commons Act 2006;(z7) the Housing and Regeneration Act 2008;(z8) the Planning Act 2008;(z9) Parts 6 and 9, and sections 202 to 205, of the Localism Act 2011;(z10) the Mobile Homes Act 2013;(z11) the Infrastructure Act 2015;(z12) Parts 6 to 8 of the Housing and Planning Act 2016;(z13) the Neighbourhood Planning Act 2017;(z14) the Environment Act 2021;(z15) the Building Safety Act 2022;(z16) the Historic Environment (Wales) Act 2023;(z17) Parts 3 to 11 of the Levelling-up and Regeneration Act 2023;(z18) this Act;(z19) any other provision of an Act relating to planning, whenever passed.(3) For the purposes of this section, “amend” includes repeal (and similar terms are to be read accordingly).(4) Regulations made under this section do not come into force unless an Act is passed consolidating the whole or a substantial part of the Acts relating to planning.(5) If such an Act is passed, any regulations made under this section come into force immediately before the Act comes into force.(6) Regulations under this section are to be made by statutory instrument.(7) A statutory instrument containing (whether alone or with other provision) regulations under this section may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.”Member’s explanatory statement
This new clause enables pre-consolidation amendments to be made to planning legislation, in anticipation of a future Consolidation Bill. It is intended to probe the desirability and feasibility of consolidation of planning legislation.

[Lord Hunt of Kings Heath (Lab)]

My Lords, we are nearly at the finish. All I want to do here is make a plea to my noble friends the Ministers to consider the benefit of consolidated Acts in relation to planning law. As I have discovered in my imperfect dip into planning law for the Bill, it is very complex; it is a labyrinth of Acts, and they overlap and cross-refer. They have been amended by layers of primary and secondary legislation, and the framework has become very complex. The Bill is all about growth, and I have every sympathy for people that have to operate in the field.

As Ministers, we all acknowledge that consolidated legislation is a good thing, and then we all fail to bring any consolidated legislation. I am well aware that it is my second mea culpa of the week. If we want to sort out our planning system, consolidated legislation would be a very good thing to do. It does not really involve much parliamentary time. It involves the department in work and parliamentary counsel, but the Law Commission is usually able to help. To achieve internal consistency, you need to have pre-consolidation amendments, and that is what my amendment would also allow for.

My noble friends have shown huge stamina in getting through Committee. They have responded sympathetically to many of the constructive amendments put forward. I just hope they might be able to say that they will consider this. I beg to move.

[Baroness Coffey (Con)]

My Lords, I am concerned about this amendment, in particular subsection (3) of the proposed new clause, because it talks about repealing primary legislation. I understand what the noble Lord, Lord Hunt, is getting at in trying to make legislation straightforward. That is why we have all these schedules to legislation nowadays, to try to bring that about. I fear, and I have heard on the grapevine, that the noble Lord has been advised by somebody who is now advising somebody very important in the Government and who has also made subsequent comments about how nature is getting in the way of development. While I am conscious of the positive intentions that the noble Lord seeks to achieve through the amendment, I am just flagging my concern.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank my noble friend Lord Hunt for Amendment 356A and for highlighting the merits of consolidating our planning legislation. As someone who has been on the sticky end of it for a number of years, I can absolutely see his point.

My noble friend is not the first to consider this. Indeed, the existing legislative framework provides the Government with sufficient powers to consolidate the planning legislation at an appropriate time. Specifically, as the noble Baroness, Lady Scott, said, Section 132 of the Levelling-up and Regeneration Act provides the Secretary of State with broad and flexible powers to make regulations that amend, repeal or otherwise modify a wide range of planning-related statutes.

While we have no immediate plans to consolidate planning legislation in England, we will keep this under review, as we recognise that consolidating planning legislation could offer some benefits. Since the enactment of the Town and Country Planning Act 1990, the legislative framework has undergone numerous amendments, and consolidation may help to streamline and simplify the system. However, a comprehensive consolidation needs to be weighed against the risks of uncertainty and disruption, particularly at a time when the Government are prioritising targeted planning reform to drive economic growth.

Any move towards consolidation would also require substantial resources, so we would need to be confident that it has clear benefits. At this stage, we believe that targeted reform is the best way forward, but we are live to the possibilities that consolidation offers. I hope that my noble friend and other Peers with an interest in planning will continue to work with us. I therefore hope that my noble friend will feel able to withdraw his amendment.

[Lord Hunt of Kings Heath (Lab)]

I am very grateful to my noble friend. I say to the noble Baroness, Lady Coffey, first, that the person to whom she referred has not in fact advised me on this amendment. Secondly, she should not fear the amendment; I realise that it is a Henry VIII provision, but all it would allow us to do is have pre-consolidation amendments. We could not use it, for instance, to create a special pathway for nuclear developments in the way that the noble Baroness, Lady Bloomfield, suggested. I hope I can reassure her on that.

I am grateful to my noble friend the Minister. Clearly, she and her department recognise that, for people in the field, this can be very complex, so everything we can do to make it as straightforward as possible is to be desired. Having said that, I beg leave to withdraw my amendment.

Amendment 356A withdrawn.