Planning and Infrastructure Bill

Lord Krebs Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Lord Krebs (CB)]

My Lords, I will speak to Amendment 127, which I have put my name to, ably introduced by the noble Lord, Lord Ravensdale, and to support the other amendments in this group.

I was glad to hear both the noble Baroness, Lady Bennett of Manor Castle, and the noble Earl, Lord Russell, referring to the work of the Climate Change Committee. It is so important that we understand what the expert advice is from our statutory body, and so I will quote a few sentences from the April report on climate adaptation:

“The UK’s preparations for climate change are inadequate… In terms of adaptation delivery, we do not find evidence to score a single outcome as ‘good’”.


About buildings, it says that

“6.3 million properties in England are in areas at risk of flooding from rivers, the sea, and surface water. This is predicted to rise to around 8 million (25% of all properties) by 2050 … Towns and cities will become increasingly hot, with a large fraction of current buildings at risk of reaching uncomfortable and potentially dangerous temperatures in summer heatwaves”—

a point made so ably by the noble Baroness, Lady Bennett of Manor Castle.

In table 1 of the summary of the adaptation committee’s report, there is a score card for delivery and implementation on the one hand and policies and plans on the other. Under “Planning system prioritises climate resilience”, for delivery and implementation it says, “Unable to evaluate”—there is no evidence—and for policies and plans it says, “Insufficient”. For “Buildings do not overheat”, on delivery it says, “Unable to evaluate”, and under policies it says, “Limited”. For “Buildings are prepared for flooding”, it says “Partial”—that is a good score—for both delivery and for policies and plans. For “Buildings are resilient to other climate risks”, it says “Unable to evaluate” for both delivery and for policies and plans. Here we have it, from the statutory expert advisers to the Government, that we are not doing enough to prepare our houses, public buildings and commercial buildings for the impact of climate change.

For me, the remarkable thing is that none of this is new. I chaired the adaptation committee between 2009 and 2017, and we were saying exactly the same things 15 years ago. Nobody is listening. It would be nice to hear from the Minister that this Government are listening and understand that this is not just some pie-in-the-sky thing for the future but urgent and needs to be addressed now.

Another important point was made in the introduction from the noble Lord, Lord Ravensdale, when he said that things may be written in the NPPF but what we need is to strengthen the commitments by putting them firmly into the statute book. I listened to some of the debate earlier about green spaces, sport and recreation, and all these wonderful facilities in new developments, and we heard reassuring words from the Government. However, when I look at the new housing estates around Oxford, where I live, they are nothing like that. They are simply identikit houses, jammed in as close together as possible, with no green space, no recreation facilities, no climate resilience and no plans to deal with overheating—as the noble Baroness, Lady Bennett, said.

There are very simple things that could be done. If you go, as I sometimes do, to the south of France and rent a house, the house will have shutters. In the middle of the day, when it is hot, you close the shutters and they keep the heat out. Why are we not building new houses with shutters as a mandatory requirement? It would not cost much money and it would be a simple, effective tool to reduce the chance of overheating.

I hope the Minister will confirm that the Government have listened to the report of the adaptation committee of the Climate Change Committee and will do something about where it scored “Inadequate” or nul points under the various assessments, and that the Government are minded to firm up what is guidance and make it statutorily an obligation.

[Baroness Young of Old Scone (Lab)]

My Lords, I will speak to Amendments 127 and 216.

Amendment 216, to which I have put my name, was led by the noble Earl, Lord Russell, and concerns the zero-carbon standard for new homes. If the noble Lord, Lord Krebs, feels that the adaptation committee reports are cyclical and the same and getting nowhere then the zero-carbon standard discussion feels like Groundhog Day, to be frank. We got so close to having a zero-carbon home commitment in 2015. We were within two weeks of the commitment coming into effect, at a time when the housebuilders, in spite of some initial grumping, had tooled up to deliver it, when all of a sudden the Chancellor, George Osborne, stepped in at the last minute and summarily cancelled it. It was the biggest letdown for everybody. That meant that, for 10 years, we built houses which could have been zero carbon, significantly contributed to reducing our carbon footprint, helped people have warmer homes and helped the communities have lower bills—but we did not. We have lost 10 years of delivery. We have to now grip that and make sure that we do not lose any more years.

The current policy under the future homes standard requires new homes only to be zero-carbon ready by 2025. That does not go far enough. It also does not require anything on solar panels, which this amendment addresses. I know that there has been a bit of a shift in thinking within government over the last few months on the question of distributed solar. I press the Minister to tell us what improvements we are expecting to see on the future homes standard to reverse the harm that was done by Mr Osborne.

Before I sit down, I commend Amendment 127, in the name of the noble Lord, Ravensdale, which would give clear mitigation and adaptation climate change duties to planning authorities. I very much endorse everything that the noble Lord, Lord Krebs, said. I was honoured to serve, at least for a brief period, on the adaptation committee. I helped get the legislation through this House to create it and then promptly did a runner after I had been appointed to it—as they say, it was a good idea at the time.

The whole role of planning authorities in climate change is absolutely crucial, not just for mitigation but for adaptation to the impacts of climate change. I draw the attention of the Minister and the Committee to a recent Local Government Association report which went out extensively to wide consultation. As a result of that consultation with a whole range of consultees, not only local government authorities, it came back with the proposition that there should be statutory powers and duties for local authorities on action for climate change mitigation and adaptation.

There was a bit of schadenfreude for me in that. When we originally got the climate Act through, it prescribed roles for local authorities. In fact, it had a reporting arrangement for local authorities that meant that they had a statutory requirement to report. That was cancelled very rapidly when the Conservative Government came in in 2010. We are now in a position where, although many local authorities are very committed to the idea of their place in mitigation of and adaptation to climate change, they are under no duress to report on that. The only thing they have to do is that, if they are asked by government to report, they are required to do so—but only if asked. That strikes me as a very strange way of keeping track of delivery on this.

As the noble Lord, Lord Krebs, said, the most recent report by the adaptation committee assessing the nation’s level of preparedness to adapt to the impacts of climate change was very gloomy about the lack of progress, and quite rightly so. Adaptation is the Cinderella, the poor relation of the whole climate change effort. It is not going to get any better; it is going to get worse, with heatwaves, droughts, wildfires and floods—it is being so cheerful at this time of night that keeps me going. Amendment 127, to clarify the climate change mitigation and adaptation duties of planning authorities, or something like it, is very important. I hope that the Minister will consider it seriously.

--- Later in debate ---

[Lord Wilson of Sedgefield (Lab)]

Climate change mitigation does play a big part in all the planning arrangements that we are going to introduce. It is one of the central points of the Planning and Infrastructure Bill that we actually take those aspects into consideration.

I turn to Amendment 145B. It is vital that new homes are energy efficient and designed to mitigate the risk associated with overheating and spatial development strategies, particularly as climate change increases the frequency and severity of extreme heat events. The Planning and Compulsory Purchase Act already allows strategic planning authorities to include policies requiring housing to meet standards on energy efficiency and climate resilience in their spatial development strategies, provided they are of strategic importance to the strategy area. As I mentioned previously, the spatial development strategies are intended to be high-level documents. Energy-efficiency and climate resilience standards are more detailed matters that are better suited to a local plan.

We intend to go further this autumn. We will set more ambitious energy-efficiency and carbon-emission requirements for new homes through the future homes and building standards. These standards will set new homes on a path that moves away from reliance on volatile fossil fuels. Homes built to these standards will use sustainable energy sources for their heating and hot water. This means they will be zero-carbon ready and will need no future work to achieve zero-carbon emissions when the electricity grid is fully decarbonised.

I thank the noble Baroness, Lady Bennett, for proposing Amendment 180, which would require the submission of embodied carbon assessments for developments of a specified size as part of planning applications. However, to reiterate a point I have made throughout the debate, the National Planning Policy Framework already makes it clear that the planning system must support the transition to a low-carbon future. It calls for a proactive approach to both mitigating and adapting to climate change, in line with the long-term goals set out in the Climate Change Act 2008.

In our consultation on changes to the framework last summer, we sought views on whether carbon could be reliably measured and accounted for in plan-making and decision-making. We wanted to understand the sector’s readiness and to identify any practical barriers to the wider use of carbon assessments in planning. The feedback we received was wide-ranging and constructive. Having carefully considered those views, we concluded that it would not be appropriate at this stage to introduce a mandatory requirement for carbon assessments, given the current state of evolution of assessment techniques and the need to consider very carefully the impact on applicants where additional information such as this is mandated.

However, we recognise the need for greater clarity and guidance. That is why we have committed to updating the planning practice guidance to help both decision-makers and developers make better use of available tools to reduce embodied and operational carbon in the built environment. We also acknowledge that embodied carbon is not just a challenge for buildings; it is a systemic issue across the construction and supply sector. As wider decarbonisation efforts take hold and industries evolve, we expect to see a natural reduction in the embodied carbon of buildings over time. For these reasons, I kindly ask the noble Baroness to withdraw her amendment.

[Lord Krebs (CB)]

My Lords, may I ask a small question? With regard to overheating, which was so eloquently introduced by the noble Baroness, Lady Bennett of Manor Castle, do the Government have any measurement of what proportion of houses that are being built now, as we speak, have within them measures to prevent overheating? Further, when all this new guidance that we have heard about comes into place, what proportion of homes will, in the future, from now onwards, incorporate measures to protect against overheating?

[Lord Wilson of Sedgefield (Lab)]

To the first part of the noble Lord’s question, there has been an energy follow-up survey, which said that energy-efficiency measures that have been taken over recent years have not significantly increased the risk of overheating. On his second point, I will write to the noble Lord and give him the specific answer to his question.

New Homes

Lord Krebs Excerpts

Wednesday 11th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

There is no intention for bulldozers to bowl in without any local say in this. By strengthening the housing targets and allowing development on that poor-quality grey-belt land, we will get Britain building again. We will set out tomorrow in the National Planning Policy Framework the definitions of “grey belt” and how we intend to move things forward. Making those housing targets mandatory will reverse the decline we saw when the targets were cancelled last year.

[Lord Krebs (CB)]

My Lords, can the Minister reassure us that these 1.5 million new homes will be resilient in the face of future climate change? I am thinking particularly of the risks of flooding and overheating.

[Baroness Taylor of Stevenage (Lab)]

I am working daily on that task at the moment. We are looking at the future homes standard with the future homes hub, which involves the whole construction industry, to make sure that we make homes as resilient to climate change as we possibly can. Of course, there is a balance to be struck in delivery of homes but we want to make sure that we do not end up with a whole generation of homes that need retrofitting in the future. We will do our best, working with the industry, to make sure that they are as fit for the future as we can possibly make them.

Levelling-up and Regeneration Bill

Lord Krebs Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

[Earl Cathcart (Con)]

My Lords, I have houses for rental on my farm in Norfolk and in London. Sadly, I have been caught up in the restrictions. In March 2022, I proposed to convert two redundant barns into houses, but my council wrote to me to say that Natural England was blocking all developments because of nutrient neutrality restrictions. Further, the council said that at the present time, there were no identified solutions available to resolve this impact, and that it might be a year before it is resolved. Here we are, 18 months later and Natural England is still blocking the developments without any solution for these restrictions.

Nutrient neutrality laws are certainly well intentional, but blocking new home building will have little material impact on improving the quality of water, as my noble friend Lord Moylan said. Our waterways and coastline are undeniably in a terrible condition, and the situation is not improving. If anything, it is getting worse with the inability of the water companies to treat water effectively. At the same time, we have an undeniable chronic housing affordability and supply disaster. We see the laws intended to protect against and treat pollution blocking thousands of desperately needed homes while the source of this pollution runs practically unchecked. The water companies can do what they like.

The wastewater from all my houses goes into my sewage treatment plant which is emptied regularly so that no mucky water can get down into the ditch and the rivers. In addition, we have a second reserve tank for any runoff, just in case. How many more months or years do we have to wait until we have a solution? Or is Natural England going to just say, “Sorry, you can’t build at all”? I support the government amendments.

[Lord Krebs (CB)]

My Lords, I had not intended to speak in this debate. However, on Monday evening I went along to the very helpful briefing session hosted by the Minister. I thank her for that session. Two points arose that particularly stuck with me and caused me to say something this evening.

The first relates to the Office for Environmental Protection, which we have heard about from numerous previous speakers. When the Minister was asked why the OEP thinks this proposal will reduce environmental protection, the reply came that the OEP had not considered the matter in the round. While it is true that building extra homes adds a certain amount of pollution to water, and we can debate what percentage, this proposal says that to offset that there are mitigation measures. That is indeed what the Secretary of State for Environment, Food and Rural Affairs said in her reply to Dame Glenys Stacey.

I thought it was odd that the OEP had not considered the matter in the round, so immediately after the meeting on Monday, I emailed Dame Glenys Stacey to ask her whether indeed the OEP had neglected to consider the mitigation side. As it happened, Dame Glenys was away, but Natalie Prosser, the chief executive replied immediately and said that it was not true. In fact she said that, in line with its correspondence, it has considered the matter in the round. So I ask the Minister to take this opportunity to correct what she said to us in the briefing meeting on Monday evening.

My second point—which has also been referred to by many previous speakers including the noble Lord, Lord Deben, in most eloquent terms—is about facts and evidence. I asked the Minister and her officials whether they could show us their workings that demonstrate that the increase in pollution from extra homes will be more than offset by the mitigation measures that are proposed in this amendment. No answer was forthcoming; instead, the Minister said that she believed these measures will enhance the protection of the environment. Belief has an important role in our society, particularly in places of worship, but I have never heard a conservation scientist, an ecologist or someone concerned with protecting the environment claim that by believing that we can make our waters cleaner or that by believing we can protect curlews and other endangered species. Without seeing the workings, without understanding anything about the evidence that underpins this proposal from the Government, I simply cannot see how anyone could vote for it.

[Baroness Altmann (Con)]

My Lords, I briefly rise to associate myself with the remarks of the noble Duke, the Duke of Wellington, and a number of other noble Lords. I have enormous sympathy for the Government. I believe that we absolutely need new housing. We have a problem with the shortage of housing stock. House builders should not have unnecessary barriers placed in the way of them getting on with development. However, I urge the Minister to listen to the sentiments expressed all around this House about the way in which the Government are currently planning to fulfil their laudable desire to ensure we get more homes built.

As the noble Lord, Lord Anderson, said, Amendment 247YY would give carte blanche to this and any future Government to do what they liked to override the environmental protections of which I am so proud. This Government have done more than most other Governments to implement legislation that protects the environment. However, there is a risk that we will be tearing that up.

I congratulate the noble Duke, the Duke of Wellington, on his amendments to government Amendment 247YY, which is asking us to ignore the science and local authorities just to assume that no pollution will happen even when they are being told it will or know that it will.

As my noble friend Lord Deben said, the “polluter pays” principle is important, but maybe what is happening here is a cart and horse problem. If my noble friend the Minister were able to assure the House that the mitigation measures that I am sure are genuinely intended to offset the pollution caused by any new developments will be in place before those developments pollute rivers, we would be able to consider that. However, there is no guarantee that any of the mitigation measures, however well meant and well intentioned, will be able to be put in place before the pollution happens.

I therefore urge my noble friend to think again about the Government’s apparently panicked reaction, which perhaps is intended to please housebuilders, who are very keen to get on with developing houses in places that they know would be of great value to them. I have enormous sympathy with my noble friend Lord Cathcart, who wants to do some development and is being blocked. However, we have to protect the environment. I am sure my noble friend would like to do that, but I hope that we can understand that in keeping this delicate balance of building new homes today but protecting our habitats and precious environment in the long run, we must try to prioritise these precious areas of the country that we as a Government have done so much to protect. As I say, I am proud of that, and we must not tear those protections up.

Planning: Net Zero Emissions Targets

Lord Krebs Excerpts

Monday 19th April 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, we are moving ahead with the future homes standard. I am sure that this takes into account the points that my noble friend raised and that we will be ready, in 2025, with standards that will drive the net-zero objective.

[Lord Krebs (CB) [V]]

My Lords, does the Minister agree that planning approval for new rail infrastructure should be contingent on the plan including a decarbonisation strategy, in line with the advice of both the Committee on Climate Change and the National Infrastructure Commission?