Planning and Infrastructure Bill

Lord Kirkhope of Harrogate Excerpts

Report stage
Monday 20th October 2025 Lords Chamber

[Lord Cameron of Dillington (CB)]

My Lords, in supporting these amendments, I must first declare my family farming and land-owning interests for the purposes of Report on this Bill. I should say in this context that we have both food production and some land—less good land, I may say—with a solar array on it.

Normally, in the past, I have stood up and said on these land use decisions that we should wait until we get the land use framework, which we are told is imminent, any minute now. But I have had a conversion. First, I am not quite sure to what extent conformity with the land use framework is going to be mandatory for local planning authorities or indeed for Secretaries of State. Having been chairman of the Land Use in England Committee, I have had a glimpse of what the Government’s response to the consultation is likely to be. I am not disclosing any secrets here but they seem to be saying that, when it comes to solar arrays, merely—I underline that word—that lower-quality agricultural land is preferable to higher-quality agricultural land. That is seriously not good enough. We should take this opportunity to ensure that our best food-producing farmland is legally protected for the long term.

I firmly believe that good food production should be sacrosanct. Whatever the land use framework comes up with, now or in any future iterations—there no doubt that it is going to change as demands change over the decades—there is no doubt in my mind that the long-term defence of our realm depends crucially on our ability to feed ourselves, more so than on the number of regiments we have, frankly. Indeed, so does the peace of our realm. I think it was over 10 years ago that I first mentioned in this House that we are only ever nine meals away from total anarchy. At the time, I had to explain exactly what I meant by that phrase; nowadays, I think people take it as read and know exactly what I mean by that phrase.

Whatever the passing needs of our energy requirements, our best food-producing land should remain constantly sacrosanct, and the flexibility of our land use should never include or usurp our best food-producing land. There is, after all, as the noble Lord, Lord Fuller, said, lots of other land all over the country, often south-sloping hillsides, that is less than optimum for producing our food and which therefore can be used for solar panels.

There is no doubt in my mind that in every local planning authority and every county, maybe every year, there are going to be lots of people trying to produce solar panels. As the noble Lord, Lord Hodgson, just asked, who is going to be monitoring this? We need somebody to monitor what is going on, because every year we are going to be whittling away at our capacity to feed ourselves. I do not believe we should allow that to happen, so I strongly support Amendments 43 and 45.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I will speak briefly. I cannot match the eloquence of other speakers, or the length of their speeches for that matter, but I want to support my noble friend Lady Hodgson’s Amendment 45. The reason I want to support it is that I want, as has just been said, some clarification about the Government’s position regarding the use of agricultural land for solar panels—and, I suppose, for battery storage plants, which are equally a concern to an awful lot of the public at present.

In Yorkshire, at the moment, we have a plethora of applications, all speculative, without apparently much resource behind them, and all hoping to get permission from local planning authorities, being just below the 50-megawatt limit that would require them to have more strategic consideration. There are so many of them at present that the planning officers are quite undermined in their work and unable to deal with them—but they will do. The problem we have is that, unless the Government are a little clearer on their view about the use or misuse of very good agricultural land, lots of these matters will proceed much against the wish of agricultural experts, farmers and local rural communities in particular.

I therefore urge the Minister to make it quite clear not just that the Government prefer that we do not utilise grades 1, 2, 3 and 3A agricultural land for solar panels, and that it should be used for agricultural purposes—preferably the production of food—but that this will not be allowed. They should tell planning officials that that is the view of the Government, because otherwise, simply preferring something is absolutely pointless.

The only other point I wish to add is that every single one of these speculative operators that seem to have come on the scene, certainly in Yorkshire and I believe elsewhere, try to placate local communities by saying that this will be only for 40 years—that in 40 years everything will be put back to its present state, or improved for that matter. I do not think I shall be here in 40 years, and I do not think most of the speculative companies will be. Without a proper bond in place, showing that they are worth the resources that they claim they are, this is a totally useless and pointless statement. The Government should point that out at all opportunities.

[Baroness Neville-Rolfe (Con)]

My Lords, I support my noble friend Lady Hodgson of Abinger and her Amendment 45, to which I tried to add my name but was too late. It was persuasively introduced by the noble Lord, Lord Hodgson of Astley Abbots, and I will try to be brief.

The essence of responsible political choice is to look to the long term. Good agricultural land is one resource that should be with us for ever. Development should not be allowed to prejudice the long-term interests of our nation. While I support Amendment 43, in the name of my noble friend Lord Fuller, which was well supported by his local knowledge, I prefer Amendment 45 because it would guarantee the protection of grade 1, grade 2 and grade 3A land against the substantial commercial pull of solar at prevailing returns in the energy and agriculture sectors.

Such protection would help to reverse the short-sighted change to planning guidance based on short-sighted thinking, to my view, by the Blair Government. Labour has never been a real friend of the farming community, despite its national importance, articulated so well by the noble Lord, Lord Cameron of Dillington, and the need to grow our own food. It would be wonderful to see a change of heart in the changed circumstances we see today, where food security is so important.

My view is that we should concentrate solar investment in urban areas and on urban rooftops—for example, on businesses and on supermarkets, which I promoted in my years at Tesco—especially in countries such as Hungary and Thailand, where the sun is hot and shines more brightly. I should perhaps end by saying that I have an interest as a part owner of two small fields, the remnants of a family farm long since sold.

Planning: Energy Efficiency and Fire Safety

Lord Kirkhope of Harrogate Excerpts

Monday 23rd June 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

As this is incorporated into the planning process, it will become part of how planning is done so that it will be put in from the outset. We will accelerate the specific types of infrastructure, including making sure that, as people put planning applications in, we look at them to make sure that buildings are fit for purpose, do not need retrofitting and will have solar panels and, where appropriate, ground source heat pumps. Our commitment is to get to net zero as quickly as we can while making sure the planning system is fit for purpose in delivering that across the country.

[Lord Kirkhope of Harrogate (Con)]

My Lords, the issue of sustainable energy concerns us all, particularly with the advent of a large number of applications for solar farms. Is the Minister aware that, on fire safety, there are deep concerns among the population because of the lithium battery plants that have to go with these solar farms? Where other solar farms have been created around the world, there have been considerable dangers, and fires have occurred that have put local populations in some jeopardy. Does the Minister have any comment on that?

[Baroness Taylor of Stevenage (Lab)]

I understand the question the noble Lord is asking. I remind the House that 0.1% of the country has solar farms. I understand that that is not the question he was asking, but it is raised very frequently in the House. I will take back the issue of lithium batteries and solar farms and send him a Written Answer.

Parking (Code of Practice) Act 2019

Lord Kirkhope of Harrogate Excerpts

Wednesday 4th June 2025 Lords Chamber

Asked by

[Lord Kirkhope of Harrogate]

To ask His Majesty’s Government what progress they have made in implementing a code of practice under the Parking (Code of Practice) Act 2019.

[Lord Kirkhope of Harrogate (Con)]

In begging leave to ask the Question standing in my name on the Order Paper, I declare my interest as the legislator responsible for the Private Member’s Bill that became the Parking Act 1989.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

I thank the noble Lord for kicking off the very lengthy process that we are involved in today. The Government issued a code in February 2022, but it had to be withdrawn in June 2022 because of a legal challenge. Areas of challenge included concerns that the code incorporated lower caps than the industry caps on parking charges at the time and that it banned debt recovery fees. The Government are currently actively reviewing how best to raise standards in the industry and plan to launch a consultation about the private parking code of practice in the near future.

[Lord Kirkhope of Harrogate (Con)]

Oh dear. Following the success of my good friend the right honourable Sir Greg Knight in securing the Parking (Code of Practice) Act 2019, we still do not have an actual code in place six years on. Delays by the previous Government, through litigation and a need to consult—I think twice —more broadly, have all allowed things to come to a halt. We really must have the code, and I am therefore disappointed that the Minister refers to yet another consultation. This code is needed, so please can it arrive soon?

[Noble Lords]

Hear, hear!

Car Parking Companies

Lord Kirkhope of Harrogate Excerpts

Tuesday 4th February 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I am grateful to my noble friend for the non-controversial Question of the day and for all the campaigning he has done on this issue; I know it is a great frustration to so many people. The problem was that, when the code was laid in 2022 as a result of the 2019 Act, there was a legal challenge and it had to be withdrawn. We are going out to consultation again, to make sure that we do the consultation properly and thoroughly. We will bring forward a further code of practice in due course, once that consultation has been done properly. I understand the point my noble friend is making. If he wants to put in a submission to the consultation, we would be very pleased to hear it.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I declare my interest as introducing and taking through the House in 1889—

[Noble Lords]

Oh!

[Lord Kirkhope of Harrogate (Con)]

In 1989, not 1889—I was a little young then. I took through the House the Parking Bill, which introduced cashless parking into this country for the first time. I am sure noble Lords will be very pleased about that. Subsequently, as has been referred to by the noble Lord, Lord Spellar, in his excellent question, my right honourable friend Sir Gregory Knight, who was the MP in Yorkshire, introduced this further parking Act, which had clear instructions for a code of practice to be introduced. The Minister mentioned that that was put on hold in 2022. Surely we can now make some progress, because we all know of the many abuses which take place, particularly in the private parking industry.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I have not been in this ministerial post since 2022. I will now take action on this as quickly as I can. I thank the noble Lord for his work on this and agree that it is very important that we get it resolved as quickly as possible. The industry did step up and produce its own code of practice, covering the whole private parking industry. That was a step forward, but we need to do what it says in the Act and introduce a government code of practice. We will get on with that as quickly as possible.

European Union

Lord Kirkhope of Harrogate Excerpts

Monday 7th October 2024 Lords Chamber

[Baroness Twycross (Lab)]

It is important to recognise that the mood music is hugely important and has been very much welcomed by the EU. The meeting that the Prime Minister held will be followed by further summits and meetings. As I am sure the noble Baroness understands, this is a precursor to making sure we get things moving.

[Lord Kirkhope of Harrogate (Con)]

My Lords, the Minister has spoken about the importance of Ministers meeting. The Parliamentary Partnership Assembly did a lot of good work in the previous Parliament to give a relationship between the United Kingdom Parliaments and the European Parliament. Can the Minister confirm that this assembly will be reconstituted in the near future, as it has proved very useful in the past?

[Baroness Twycross (Lab)]

To keep my answer as succinct as my noble friend the Chief Whip suggested: yes.

Local Enterprise Partnerships: Funding

Lord Kirkhope of Harrogate Excerpts

Monday 11th December 2023 Lords Chamber

[Baroness Penn (Con)]

That is exactly what the Government are doing; they are seeking to combine the devolution of greater power with greater funding and greater responsibility for the funding. There are the trailblazer deals that look to integrate the different streams of funding for local areas into something much closer to a single settlement. That will allow those areas to make decisions at a local level about what should happen in their area.

[Lord Kirkhope of Harrogate (Con)]

My Lords, surely all this bureaucracy and red tape is not the answer for some parts of our country that are in need of development. As one of those involved in the establishment of development corporations in the late 1980s, I think we should be proud of such a model. Frankly, is it not about time we allowed local businesses and local people to have a stronger say in what they want to renovate and rejuvenate zones of that kind?

[Baroness Penn (Con)]

My Lords, by integrating LEPs into local authorities and mayoral combined authorities, we are looking to streamline the processes by which business can engage in their local areas. As a part of our devolution deals, we are also giving combined authorities the power to set up development corporations so they can use the voice of business to drive development and economic progress in their local areas.

Leasehold Properties: Managing Agents

Lord Kirkhope of Harrogate Excerpts

Monday 17th July 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

The noble Baroness is right. That is exactly why we are looking at a code of conduct, which will have teeth, and the role more widely of leaseholders when we look to the leasehold Bill that will come through.

[Lord Kirkhope of Harrogate (Con)]

My Lords, my noble friend refers to leasehold, but is it not correct that all the other professionals involved in residential property transactions—I declare an interest as a solicitor—are very tightly controlled indeed in respect of fees and their conduct, bearing in mind the extra responsibilities, such as sales and purchases, now placed on professionals? Why are we not more determined to ensure that estate agents are equally controlled?

[Baroness Scott of Bybrook (Con)]

My Lords, estate agents are regulated through the Estate Agents Act 1979. As I said, that is currently enforced through the National Trading Standards estate and letting agency team, which makes it very clear that estate agents are expected to exercise due diligence and check whether the information on anything they are selling is correct. The Government expect all property agents to ensure that customers are aware of anything to do with the property that they are negotiating on and to work within those trading standards rules and regulations.

Flood Plains: Housing Development

Lord Kirkhope of Harrogate Excerpts

Thursday 24th June 2021 Grand Committee

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I am pleased to take part in this debate instigated by my noble friend Lady McIntosh. In case my noble friend the Minister thinks this is a Yorkshire issue, I underline again that while my experience is also Yorkshire-based, the problems of flooding affect, have affected and will affect in future upwards of 5 million properties, homes and livelihoods. The effect both economically and traumatically on individuals, families and businesses is both terrible and long-lasting.

Climate change presents great challenges, and all the preparations and changes to planning laws that we might be contemplating now have to reflect a worst-case scenario over the next 50 to 100 years. Too often we legislate for the short term without fully appreciating the likely extent of the problems that we face in the medium or long term.

Flooding has of course been with us in the past. I remember the floods that affected Ripon and other parts of Yorkshire in 2007, as my noble friend said, when the Skell, Ure and Laver rivers, which all meet there, overflowed and a large number of properties were flooded. More recently, there has been a propensity of flooding in York and parts of Leeds. In the case of Ripon, the 2007 events led to a £14 million scheme that gave some protection to properties. In reaction to those events, there was also determination to make changes to architecture, providing improvements to vulnerable buildings so that they could meet any future threats.

It is on resilience to flooding that I wish to concentrate my remarks. The excellent report from the House of Commons Environment, Food and Rural Affairs Select Committee, under the chairmanship of my good friend Neil Parish, called inter alia for a more clearly defined flood resilience objective, or PFR. This includes the construction of flood defences but also deals with the pressing issue of the nature of the construction of properties that have received planning permission on flood plains, where the risk of flooding is small but possible in the lifetime of the buildings.

In other parts of the world where flooding is a threat, there are clear requirements that any construction must be undertaken in a way that minimises the effects of flood-water. We need the same approach here. Flood doors, airbrick covers and non-return valves should be part of regulations; underground tanks for excess water or houses on stilts should be part of the architects’ thinking; and sharing knowledge and experience should be more encouraged.

The Select Committee report underlines that few PFR measures have been introduced. The Environment Agency suggested in 2019 that over 200,000 residential properties should have resilience measures added, but currently only 500 properties a year are being enhanced. The insurance companies are keen to see this as well, and in some cases where flooding has occurred are offering sums to ensure that PFR is applied to properties on top of flood-related losses.

What about the future? Local planning authorities are caught between a rock and a hard place—or a potentially flooded place. They are being pressed to approve more and more applications for development, including on functional flood plains, and they feel the pressure all the time. This means that Environment Agency advice on flood mitigation can be overridden by planning authorities. That must be reversed. The agency should be able to veto developments unless they have proper flood mitigation in place. Although the current building regulations have been brought up to date to ensure certain standards of insulation, safety and convenience, they must be amended to include flood protection measures for new properties. I can sense no resistance to such changes from anyone.

We must try to ensure that, where the risks of flooding are new and presenting themselves for the first time, the insurance industry responds positively to small and medium-sized enterprises that might not be able to mitigate their losses or be eligible for government assistance. The Flood Re scheme to smooth residential property insurance cover is of help, but we all know of the distress caused by flooding and its long-term effects, which can never be fully compensated.

I conclude my remarks by again paying tribute to my noble friend Lady McIntosh of Pickering. The flood defence scheme to which she referred in Pickering itself was cleverly designed to slow the flow of flood-water through the headwaters on Pickering Beck. It was promoted and supported by my noble friend with great enthusiasm and energy. An equal display of enthusiasm and energy by the Government in their flooding and planning policies would be most welcome to us all. Naturally, we expect nothing less of our noble friend the Minister.

Queen’s Speech

Lord Kirkhope of Harrogate Excerpts

Monday 17th May 2021 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I first congratulate the noble Lords, Lord Coaker and Lord Morse, on their excellent maiden speeches.

We should never have too many expectations of a Queen’s Speech, as the reference to “other measures” is often the precursor of most of the legislation that we actually consider and pass. This year, the Speech was certainly quite limited in its extent, so trying to find proposals with a specific aim was difficult—especially in the field of transport, the subject I wish to talk about.

The record of promises in this area is not a happy one. Looking at the previous Speech at the beginning of the 2019 Session, we were told of specific government intentions to provide minimum levels of service on railways during strikes. A Bill was promised but did not appear. Legislation to cover airline insolvency and the repatriation of passengers in such circumstances was to follow after a review. The review reported, and we await something further to occur. Bus services were to be improved as part of the Government levelling up transport connections throughout the country. The Bus Services Act 2017 was to be updated to meet this new initiative to improve future provision, especially in the north and the Midlands. In April this year we were still awaiting legislation which the Government Minister Rachel Maclean then indicated might be brought forward “in due course”.

Of course, the references to transport in this Queen’s Speech included a further reference to levelling up and the need to transform connectivity by rail and bus. This should be welcomed, and organisations such as Transport for the North and Transport Network have done so. But, quite rightly, they have asked to see more action than mere words. Rural areas in particular need assurances that future needs will be better served, especially as we try to meet environmental challenges by discouraging the overuse of polluting vehicles. With our record of implementing measures announced at the beginning of a Session, I hope that we will actually see some early results this time.

I do not want to criticise too much; I know how difficult it is to move on in this sphere of activity. The way in which our land transport is controlled and financed is very complicated. Attempts to reduce bureaucracy and encourage investment have not always been straightforward. I hope my noble friend will use the opportunity of his wind-up speech to flesh out a bit more exactly how the levelling-up process for infrastructure will be taken forward. Will we get a firm commitment to an integrated rail plan which gives strong backing to the full HS2, including the vital eastern spur connecting Leeds, and development of the northern powerhouse rail networks? What might be contained in the much-heralded Statement that we are to hear on Thursday?

The development of a successful public transport system is a critical element in satisfying the Prime Minister’s ambitions to level up. I am confident that we will see some clear assurances and action, and I am sure my noble friend will indeed offer these. But apart from the rather general contents of the gracious Speech, I am also pleased that there is evidence of progress in other areas of the Department for Transport’s responsibilities. Following the work of an inquiry into UK lower airspace—which I had the privilege of chairing—I was delighted when speedy legislation followed to reorganise this and bring the United Kingdom’s control of its air corridors and facilities and the work of the CAA post Brexit up to date. I also commend the enthusiasm of my noble friend and his ministerial colleagues, especially the noble Baroness, Lady Vere, who have done so much in relation to environmental improvements in the transport industry and vehicles. This country is building a deserved reputation for leadership in the construction and distribution of green vehicles and in meeting future needs through electric battery manufacture and innovation, including taking forward hydrogen as a new power source. Sales of electric and hybrid vehicles have taken off in the UK in an exciting way.

Cleaning up transport—whether it is cars, lorries, trains, ships or planes—is a worthy and urgent aim that we simply cannot delay. Covid-19 has changed much of our use of and attitude to transport. I hope that things will reverse so that expectations can be met as before, but we must be prepared to re-examine all areas of transport to both meet future needs and benefit from new ideas and new ways to provide our services.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Pendry, has withdrawn from the debate, so I call the noble Baroness, Lady Boycott.

Non-Domestic Rating (Designated Area) Regulations 2021

Lord Kirkhope of Harrogate Excerpts

Wednesday 24th February 2021 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, in most areas of government, when the political decisions for actions to be taken are made, the process boils down to one of money coming in and then that money being committed or spent centrally or locally. In some areas, the process becomes very complicated and can lead to high levels of dissatisfaction and disagreement. These regulations, which appear in principle—as my noble friend the Minister has said—to be very simple, in fact form part of the whole debate on the financing of local government, the very relationship between central and local government, and the way in which businesses large and small contribute to the cost of local and national services.

Business rates are controversial, and substantial reform is overdue. In the meantime, as a result of the current Covid crisis and the inability of many businesses to trade profitably if they can even continue at all, the extra burden of non-domestic rates has rightly been recognised in short-term relief for businesses in the hospitality, leisure and retail sectors with rateable values of less than £51,000. I hope that the Chancellor will have more to say and to offer on this subject in his Budget Statement.

We saw a number of changes in the way business rates were levied and spent in the Local Government Finance Act 2012, when normally 50% of monies could be retained by the local authority as opposed to being remitted to the Treasury. However, the Government are committed to a much wider reform of business rates. In its 2019 election manifesto, the Conservative Party promised to reduce business rates and to fundamentally review the whole basis of these charges. Since then, the Covid crisis has hit business hard, so a change in the basis of charging rates is urgently required. We have been promised a revaluation of rates from 2023, which luckily will be based on property values of April 2021, so it will reflect the impact of the present crisis. This is welcome, but in the meantime we are now extending a localisation of control of the rate income by this measure before us today.

This benefits Tees Valley Combined Authority and Redcar and Cleveland Borough Council. As my noble friend the Minister has indicated, it allows the retained monies to be used in the designated area where the need is greatest and where local economic growth is most required. That is a good thing. The establishment in certain parts of the country of mayoral combined authorities with specific spending powers and, in particular, the emphasis on local economic growth has clearly required new funding arrangements. Although these regulations are dealing only with any income arising from the growth of rate returns, in this one designated area, those sums will be totally at the disposal of local government. As this money will be shared 50/50 between the local authority and the mayoral combined authority in the area, I hope that the required memorandum of understanding between the two, which has been referred to, will be a really co-operative and positive statement and an encouragement for greater economic activity, and will allow the designated area to be confirmed in April, as suggested.

Memoranda of understanding are being ever more utilised as precursors for more solid agreements, as has been demonstrated in our recent UK trade initiatives. While always well intentioned, they do not always result in long-term satisfaction. Moving more of the monies received into the hands of local democracy is very important and it is, of course, not a substitute for thorough reform. We await that reform with great interest.

I am assuming that regulations similar to these will be put before us for other areas where a mayoral combined authority and local authorities are working together, and that this will include West Yorkshire, which moves to a new status soon. Can my noble friend the Minister confirm that this will indeed be the formula for all such combinations in the future as devolution proceeds? When the proposed revaluation is completed, will further changes be made to support business even more with the hope of economic enhancement, job creation and a lessening of the burdens on business as we emerge from the present crisis?