Planning and Infrastructure Bill

Debate between Lord Hunt of Kings Heath and Baroness Coffey

Committee stage
Wednesday 17th September 2025 Lords Chamber

[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.

Planning and Infrastructure Bill

Debate between Lord Hunt of Kings Heath and Baroness Coffey

Committee stage
Thursday 17th July 2025 Lords Chamber

[Baroness Coffey (Con)]

My Lords, I will speak particularly to my Amendment 46A, which is a good example of trying to knit the Bill together. We are trying to speed up aspects of planning decisions on infrastructure, yet also—I will not go heavily into Part 3—create environmental improvement.

This is quite a simple, straightforward amendment. I am very grateful for the counsel of Alexa Culver, with whom I have been engaging through LinkedIn. She is counsel at RSK and is doing a very good job of seeing how this is coming together. In essence, in the Bill as it stands, Natural England is tasked with creating this environmental delivery plan—I am concerned about certain aspects of Part 3—which will hopefully, to paraphrase, improve the environment. That document will be created and approved by the Secretary of State for Defra to make sure that we see improvements.

Therefore, for me it is exceptionally logical that whenever a Secretary of State in another department makes a decision on NSIPs and considers where the national policy statement has effect, they should also, in effect, consider the environmental delivery plan as it is. Under Section 104 of the Planning Act 2008, the Secretary of State already has to consider national policy statements, marine policy documents if relevant, other aspects regarding local impacts and

“any other matters which the Secretary of State thinks are … important”.

That is absolutely critical. In all the changes, particularly in Part 3, the Government are saying that they can have the best of both by doing this. My amendment would make certain that they have to consider it and that it will actually get delivered. That is why I have tabled it at this stage of the Bill.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I support the noble Lord, Lord Ravensdale, on his Amendment 46. On Amendment 46A, I would be very surprised if the Secretary of State did not take account of EDPs. From the provision that the noble Baroness, Lady Coffey, read out, the Secretary of State clearly has the power to do so.

On Amendment 46, we partly return to the role of regulators. There is a perverse output of regulators making it difficult to achieve net-zero targets, which I find very difficult. Some regulators find it difficult to go wider than the very narrow remit that they seem to work under. One of the questions to the Government is: do they really think it will make a difference? It is easy to make fun of bats or acoustic fish deterrents, but it is fair to ask whether, as a result of this legislation, we will see an end to the ludicrous behaviour of regulators, which has cost so much money, delayed projects by so much time and, as we know, achieved absolutely zilch for conservation or nature preservation. Ultimately, that is the test.

It seems that the regulators do not come under enough challenge on their performance. Somehow, we need to put some mechanisms in the Bill to ensure that the regulators come under the microscope much more on how they behave and that they are held accountable. That is why the amendment is very well judged.