Planning and Infrastructure Bill

Lord Lansley Excerpts

Committee stage
Monday 1st September 2025 Lords Chamber

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

My Lords, Amendment 72 in my name seeks to leave out lines 12 and 13 on page 22 of the Bill, removing the additional definition of “qualifying distribution agreement”. It is a straightforward technical amendment. Its purpose is to tidy up the drafting of the Bill by removing a definition that is no longer required. The term “qualifying distribution agreement” is already defined in Clause 13(8), following other changes made during the passage of the Bill. The amendment will help ensure that the legislation is clear, coherent and free from unnecessary or redundant definitions. It will not alter the substance or effect of the policy but support the overall clarity and workability of the Bill.

I hope that the Committee will support this amendment. I look forward to the debate on the other amendments in this group; I will reserve comment on them until I make my winding-up remarks. I beg to move.

[Lord Lansley (Con)]

My Lords, I am grateful to the Minister for being so brief and to the point and for allowing me the opportunity to explain the purpose of the other amendments in this group in my name, which are Amendments 73 to 76. Like the Minister, I look forward to hearing from the noble Earl, Lord Russell, about grid capacity in his Amendment 79. I remind the Committee of my registered interest as chair of development forums in Cambridgeshire and Oxfordshire.

My amendments relate to Clause 17, which contains a power to give Ministers the opportunity to designate strategic plans for the purposes of the connection reforms that are taking place in relation to the transmission and distribution networks. I suppose it would be helpful—not least because it will connect to what the noble Earl, Lord Russell, will raise—for me to remind the House that this process is under way. In effect, it was commenced by the Connections Action Plan under the previous Administration in November 2023. A simple way of expressing it is by saying that there was a lot of commitment to future substantial increases in generating capacity in a range of technologies, which were increasingly forming a queue to book their potential connection to the transmission or distribution networks. However, there was considerable risk related to whether those projects would be delivered on time or at all.

The volume of such commitments made it very clear that a significant proportion of them would not be viable, because there would be an excess of what was required. The numbers varied, but I think the latest figure was something like 714 gigawatts of grid capacity relative to about 500 gigawatts of demand. Instead of the old regime, which can be characterised as “first ready, first connected”—namely, those who were planning to provide capacity simply booked a place in the queue and then, when they were ready, they were given a right to be connected—the intention now is for there to be strategic planning behind the process leading to the net-zero objectives in 2030, which were published under the Government’s Clean Power 2030 Action Plan last December.

Since then, Ofgem and the National Energy System Operator have been working on this. For the avoidance of doubt, references in Clause 17 to the independent system operator and planner, ISOP, are actually to the National Energy System Operator, or NESO. Ofgem agreed on its methodologies, I think in April, and has now, after consultation, approved the processes. I think that we are in a position—but the Minister can correct me if there is more detail—where we are anticipating, potentially in a matter of weeks, the first allocation of commitments by Ofgem to what is known as Gate 2. As I understand it, Gate 2 means that Ofgem will say that it is committed to these projects and that they will be connected to the transmission or distribution networks when they are ready and because they are needed.

There are two differences with that approach. First, the queue will be straightforward; it will be not just “first ready, first connected” but “first ready, first needed, first connected”. Secondly, the two criteria that Ofgem will apply, in the first instance, will be that there is a clear timetable—with milestones, which, if they are not met, may cause such projects to lose their place in that queue—and that they will be connected when they are needed. There is therefore a direct relationship between the strategic planning for electricity capacity in a range of technologies and the projects that NESO agrees will be brought in to supply the grid at given times in the future.

If I understand it correctly, the present strategic objective is set out in the connections annexe to the Clean Power 2030 Action Plan. It sets out a range of technologies, and capacities that are required in those technologies, and then breaks them down by regions across the country. There is therefore a plan to which the alignment should relate. The Explanatory Notes state that the designated strategic plan according to which the National Energy System Operator should work may be, for example, the Clean Power 2030 Action Plan, so we can see the relationship with that.

The Explanatory Notes do not say this, but the Delegated Powers Committee’s memorandum from the department did: in addition, the designated plans are intended to include the strategic spatial energy plan intended to be published in 2026. That is in addition to what is in the clean power plan, which has 2030 targets and ranges for its potential capacity requirements through to 2035, and will extend that to 2050 so that there is a longer strategic alignment between the people who are making substantial investments and the commitment on the part of the grid to take that supply into the grid.

--- Later in debate ---

[Lord Lansley (Con)]

I thank the Minister for that. Is it then the Government’s intention to publish a new strategy and policy statement under the Energy Act? At the moment, legislation requires Ofgem to have regard to what is effectively an out-of-date strategy.

[Baroness Taylor of Stevenage (Lab)]

I hope I picked up that question during my response. I will just check back to make sure that I got the wording right. I think that is the case but I will confirm it to the noble Lord in writing. Still, I think he is correct in his assumption.

I trust that explanation provides a sufficient response for the noble Lord, and I ask him not to press his amendment.

Planning and Infrastructure Bill

Lord Lansley Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Lord Lansley (Con)]

My Lords, I draw attention to my registered interest as chair of the Cambridgeshire Development Forum and the Oxfordshire Development Forum. I emphasise that my views on these issues are entirely my own.

A number of us are taking forward many of the issues that we discussed during the passage of the Levelling-up and Regeneration Bill, including my noble friend Lord Young of Cookham. His point about the resourcing of planning authorities is really important. Something that the Government could do straight away, outside of the Bill, is enable the retention of level 7 apprenticeships for new planning officers, because the lack of those will make things difficult for local planning authorities.

In the time available, I will focus on one thing. As we discuss many issues in the Bill, I hope we can understand more about what the Government propose to use from the Levelling-up and Regeneration Act, how they are going to use it, and what they propose not to use. For example, the national development management policies are potentially extremely important in enabling local authorities to produce plans more quickly and efficiently. I hope that those local authorities going into the new plan-making process have early access to NDMPs, so that they are able to limit the extent to which they have to undertake unnecessary consultation.

This links to the debate we will have about a national scheme of delegation. On the face of it, the Government’s technical proposal, in so far as it substantially deviated from the original consultation with three options, went in the wrong direction. The national scheme of delegation should be, first, that planning officers should make decisions where applications are in line with an existing up-to-date local plan. That should be very straightforward. Secondly, they should make the decisions where the decision is, in effect, directly mandated by the national development management policies. We need to look at some of these additional planning issues before we get to the debates in Committee and on Report on the content of the Bill.

I hope that the provisions in the levelling-up Act in relation to neighbourhood plans and neighbourhood policy statements might be brought into force. In the absence of that, I hope that the Bill will use that. If the Government want more homes built in the places where people want them to be built, neighbourhood planning has shown itself to be an effective mechanism.

There are provisions relating to locally led urban development areas and locally led urban development corporations in the Levelling-up and Regeneration Act, and my noble friend on the Front Bench referred to them. The noble Lord, Lord Best, advocated very forcibly the use of development corporations, but did not say which kind. I think we need to know from the Government whether they will make locally led urban development areas and development corporations available for this purpose, whether they plan to use government-controlled development corporations, or whether they plan, in line with the provisions of the devolution White Paper, to focus on mayoral development corporations. It is not just whether we have development corporations and what powers they have; it is what kind of development corporations. This will make a big difference when we hear from the New Towns Taskforce, which I hope we will do before the Summer Recess.

The final thing I want to say is that we all agree. I share many of the objectives of this Bill and look forward to debating it, with a view to strengthening the achievement of those objectives. We want to be able to deliver effectively on development plans, but we need up-to-date local plans to make that happen. At the moment, 70 local authorities are going to go under the old NPPF rather than the new one, and that will lose us the potential and requirement for something like 15,000 homes being built a year.

It is important that, with all these changes, we know how the Government are going to give us more pace in putting all the planning reforms in place, alongside this Bill.

English Devolution and Local Government

Lord Lansley Excerpts

Wednesday 12th February 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend. I very well remember that speech from the former Prime Minister. We have already taken some steps during this year’s spending round to switch the funding formula back to where the need is most in our country for local government. We have put additional money into key areas such as special educational needs and adult care services. We made a further announcement yesterday about more funding for affordable housing, particularly to improve the quality of temporary and emergency accommodation.

In the spending review in the spring, we will do more to shift the balance back so that the spending review for local government will follow the needs in local areas. As we do that from one side, we also have mayors and unitary councils and strategic approaches; as each part of the country begins to grow, everybody will benefit.

[Lord Lansley (Con)]

My Lords, I remind noble Lords of my registered interest in relation to Cambridgeshire and Oxfordshire. Those are two counties that will have county elections this May, yet they have received letters from the ministry saying that they must present initial plans on 21 March, which I assume is the day before purdah for those elections. Does it make any sense at all for those initial plans to be sent before the elections and before any administration that has been elected can come into place and put forward initial plans? Will the Minister delay that request from 21 March to the latter part of May at the very earliest?

[Baroness Taylor of Stevenage (Lab)]

I can give the noble Lord a very straightforward answer to that. No, we will not delay it, because we have a number of partners in local government coming to us who want to take part in this process. The proposal put forward on 21 March is an outline proposal; where there are new Administrations elected in May, there will be several months until the final proposal is due, which is at the end of November, where they can continue engagement with the Government and other partners, including the districts, to develop those final proposals.

If a new administration is elected in May, it is of course within their gift to depart from the interim plans set out by a previous administration, but we will continue working with all partners until we get to the 28 November deadline, when we expect final proposals to come in.

English Devolution

Lord Lansley Excerpts

Thursday 19th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My noble friend makes a good point. It is impossible to overstate the importance of having an accountable and transparent process for local government. I mentioned in my opening remarks that it is an absolute scandal that we have found ourselves in the position we have in relation to local government audit, with 1,000 audits outstanding—that is just not good enough. Accountability is absolutely vital. As well as a complete review of local government audit systems, and making sure that we have an audit service for all of local government that is fit for purpose, we will consult on something for mayoral combined areas. I do not know what it will be called, but it will be the equivalent of a local public accounts committee. We think that the work of the Public Accounts Committee in Parliament is helpful and useful, and we will consult with local government on whether a local public accounts committee, along similar lines, would be useful.

[Lord Lansley (Con)]

My Lords, I remind the House of my declared interest as chair of the Cambridgeshire Development Forum. The Minister will know that I share her enthusiasm for strategic planning, but will she acknowledge that it may be some time before strategic authorities are established, or indeed before some strategic authorities have the necessary capability for strategic planning? In order to maintain momentum, will the Government issue guidance that will enable local planning authorities to go ahead with spatial strategies at a sub-regional level as quickly as possible?

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord for that comment. It is important that we get development moving as quickly as possible. The New Towns Taskforce will make recommendations to government on the best delivery approach when it reports in July next year. The appropriate delivery vehicle will always be place-specific, and we expect development corporations to be used in most cases. Mayors, local authorities and government can establish development corporations, and we look forward to engaging local partners to understand what will be the best delivery approach for them to support future growth. If these need to come forward sooner rather than later, we will work with local areas to make sure that we facilitate that as best as possible.

Building Homes

Lord Lansley Excerpts

Tuesday 17th December 2024 Lords Chamber

[Lord Lansley (Con)]

My Lords, I remind the House of my declared interest as chair of the Cambridgeshire Development Forum. Indeed, I am glad that the Minister has seen for herself the scale and the quality of the developments taking place in Cambridgeshire. Among those building out on those sites, one of the principal difficulties is that the Section 106 agreements for the delivery of affordable housing are not often able to be supported by contracts with registered providers.

Has the Minister seen the report from the Home Builders Federation today, which says that there are 17,000 such affordable homes that are not contracted for by RPs? Will she respond to that report? The Home Builders Federation is asking for a Written Ministerial Statement that would encourage local planning authorities to use cascade mechanisms under the Section 106 agreements to promote the delivery of those affordable homes. Will she and other Ministers direct Homes England to step in and take over these contracts, and themselves maintain the delivery of affordable homes?

[Baroness Taylor of Stevenage (Lab)]

I am grateful to the noble Lord, Lord Lansley, for that question, because in a housing crisis where we have so many people in need of affordable homes, it has been such a shame that Section 106 homes that could have been funded were unable to be picked up because of the lack of capacity within affordable housing providers.

The Government have been very aware of the problems affecting the sale of Section 106 affordable housing. Alongside the National Planning Policy Framework, Homes England also launched a new clearing service to help unblock the delivery of these homes. This is a great role for Homes England to fulfil. The Government are now calling on all developers with uncontracted Section 106 affordable homes to proactively and pragmatically engage with this new service. We hope that this will be able to unlock some of the stalled Section 106 affordable homes which we know are there, waiting for those families who are desperate for housing. I hope that this service will take things forward.

Housebuilding: Regional Mayors

Lord Lansley Excerpts

Thursday 5th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

The noble Baroness is quite correct: we want to do that. Despite the very difficult Budget round this time, the Secretary of State for my department was able to achieve further funding for affordable homes of £500 million. That brings the total for affordable housing up to £3.1 billion.

[Lord Lansley (Con)]

My Lords, will the Minister confirm that the National Planning Policy Framework will be published before we rise for the Recess? In that, can we return to the question of metro mayors? Through their economic development activity, they are well equipped to add anticipated employment growth into the standard method for calculating future housing need. Will the Government incorporate that additional measure in their calculation?

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord for inviting me to Cambridge, which I visited last week. It was a good visit and I am grateful to him. I can commit to publish the NPPF before the House rises for Christmas. I will take his other point back to the department and get the noble Lord a written answer.

Building Homes

Lord Lansley Excerpts

Tuesday 30th July 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

As a new town girl, what the noble Lord has just said is music to my ears. When my new town was built, it was designed to provide all the infrastructure that families needed in a neighbourhood format, and I absolutely understand the points that he has made.

There is a “delivering community needs” section of the NPPF consultation document which should help communities in practice. The changes proposed would ensure that the planning system supports the increased provision and modernisation of key public services infrastructure such as hospitals, criminal justice facilities and all those aspects. They would also ensure the availability of a sufficient choice of post-16 education and early years places and enable a vision-led approach to be taken to transport planning where residents, local planning authorities and developers work together to set out the vision for how they want places to be, rather than simply projecting forward past trends. Further, they would enable the planning system to do more to support the creation of healthy places. We have had many a discussion in this Chamber about those aspects as well and I think that incorporates some of the points the noble Lord made about gardens and private and public open space to help communities to thrive. I hope that he will look at the consultation and respond to it; that would be really helpful.

[Lord Lansley (Con)]

My Lords, I declare my interest, as recorded in register, as chair of the Cambridgeshire Development Forum. The Minister will be aware that Cambridgeshire may be an area of particular interest from the point of view of any new towns or development corporation statements. Although we may not be here to see it, it would be very helpful for us to have the opportunity to interact with Ministers on whatever announcement is made tomorrow.

From the point of view of Cambridgeshire, the Minister will recall that during the passage of the Levelling-up and Regeneration Act we talked about strategic planning. If the Government are not going to bring into force the joint strategic development strategy provisions of the levelling-up Act but are proposing a new strategic spatial development process, I think Cambridgeshire would be a very good place in which to test those arrangements—I hope the Minister might agree.

This is going to be a plan-led system, so making plans is very important, and I want to check one or two things about the new transitional arrangements. Can those who are making plans now and who have reached Regulation 19 for submission proceed on the basis of the old NPPF? Can those who have not reached that stage proceed as long as they can submit plans for examination by December 2026, but on the basis of the new NPPF? Others who cannot achieve that timetable will have to work to the new plan-making system, which is the one set out in the levelling-up Act. For clarity, I think that therefore means that the new plan-making system needs to be in place as soon as possible next year, and we need to see the regulations come forward for that. I also think it means that national development management policies, which the Government are planning to bring in, will have to be timed to coincide with the new plan-making system and—I hope this will be clear—not be applied to those making their plans and submitting them before December 2026 using the current NPPF. Otherwise, they will simply not make progress; they will wait for NDMPs, and I do not think we want them to be waiting for those.

I want to ask two other questions. The Statement does not refer to skills for construction, which are essential—we have to have the skills. We have to have the Construction Industry Training Board, and the others, making investments in the skills base to potentially build these homes, otherwise it simply will not be possible.

Finally, the budget of Homes England is important, but it is not the only mechanism for delivering affordable and social housing. About £4 billion a year comes from developer contributions; we need to see what the new landscape for developer contributions looks like after the reform of Section 106 and reform of the community infrastructure levy. I hope that the Minister will say that those too will come forward in short order.

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord, Lord Lansley, for those points. There were several, but I will try to address them all. First, the new towns task force will work closely with local leaders and communities to make sure that we get the right homes in the right places. I am sorry to say that to the noble Baroness, Lady Thornhill, but it is important. It will work on identifying potential locations within the next 12 months and deliver those large-scale developments as quickly as possible—one hopes, with spades in the ground at some sites by the end of this Parliament. That was my point about new towns; I cannot yet say whether those involved will be looking at Cambridge, but no doubt your Lordships will hear about that in due course.

On the strategic planning issues, our intention is to implement the new plan making system set out in the Levelling-up and Regeneration Act from summer or autumn 2025. We anticipate that all current-system plans that are not subject to transitional arrangements will need to be submitted for examination under the existing 2004 Act system no later than December 2026. That, coupled with the transitional arrangements, represents a significant extension of the current system compared to previous proposals. In the transitional system, changes to the housing targets will depend on the stage of the plan. For those at the Regulation 19 stage, we will ask for the numbers to be reviewed. If you have already been through examination, the numbers will stand, but we will ask you to review your plan immediately with the new housing numbers included. Therefore, there are transitional arrangements and then further arrangements.