Planning and Infrastructure Bill

Debate between Lord Moylan and Baroness Pinnock

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, that is a good start to today’s debate. It is a rather arcane topic with which to start the day. I wondered, when I listened carefully to the noble Lord, Lord Moylan, whether he had actually read the original section in the Highways Act 1980, which the Government intend to—

[Lord Moylan (Con)]

I assure the noble Baroness that I have done so.

[Baroness Pinnock (LD)]

Excellent. I am pleased that he has, though I wonder whether he has, therefore, understood it. It is surprising that he has chosen to create legal uncertainty, which is what would happen with his amendment. Its consequence appears to be that developers needing a temporary use of land have in the past had to use compulsory acquisition powers if the landowner was not prepared to provide a temporary use. The Bill provides more assurance for both landowners and those improving or constructing new roads. For us on these Benches, the amendment makes no sense except as a tool to frustrate road improvements, and we will not support it.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, I thank the noble Lord, Lord Moylan, for the amendment, which seeks to remove the Secretary of State’s ability to grant powers to an acquiring authority to compulsorily possess land necessary to facilitate delivery of highway schemes. The purpose of the measure is to allow acquiring authorities to temporarily possess land when needed for highway works to the exclusion of others without resorting to permanent acquisition.

Permanent acquisition of land or acquiring the freehold or long leasehold title of the land would mean that the acquiring authority would own the land outright and permanently. This is unnecessary and disproportionate when the land is needed only temporarily. In the event that agreement cannot be reached, this clause would enable an acquiring authority to compulsorily acquire the right to temporarily possess and occupy the land needed to facilitate the delivery of a highway scheme.

The rights of an applicant to temporarily possess or occupy land are routinely granted in development consent orders and Transport and Works Act orders. Furthermore, the power would use the same land compensation provisions as apply to compulsory purchase, adapting them as necessary to effect the temporary nature of the interest being acquired.

The noble Lord, Lord Moylan, quoted the National Farmers’ Union. It is not a new power; it is an implied right to take land temporarily that already exists and is already used, but the Government’s Bill makes it explicit.

Temporary possession is a well-established legal concept. It provides certainty and practical powers essential for the safe, efficient delivery of infrastructure works. Temporary possession would offer an acquiring authority—being a local highway authority or National Highways—a safe and proportionate route to exclude others from the land temporarily. This is critical when the land is needed for highways works. It could involve storing equipment and construction materials or manoeuvring large construction vehicles, as well as creating temporary routes to keep works traffic off the highway.

Temporary occupation, on the other hand, as the sole remaining power under the amended clause, would not confer the right to exclude others. This would pose serious safety risks and could undermine project delivery. Without clear powers, authorities would be unlikely to use the amended provision. It would risk introducing legal uncertainty, prolonging negotiations, leading to an increase in objections and public inquiries, all of which would increase costs and could delay delivery.

The Highways Act 1980 already contains powers covering the compulsory acquisition of land and rights in and over land. Clause 33, as I have said, would make it explicit that those powers can also authorise temporary possession. Clause 33, as currently drafted, provides the legal certainty, operational clarity and safeguards necessary for the safe and timely delivery of infrastructure projects. It does not create a new power; it is about ensuring that highways infrastructure can be delivered safely and proportionately.

Having, I hope, clearly defined the difference between possession and occupation, I also say to the noble Lord, Lord Moylan, that this is not an attempt to own the land. In fact, it is clearly designed not to own the land, so that the title to the land would not change; it would be a right to occupy the land.

Finally, the noble Lord raised the question of how long it would be after works finish that the land can be possessed and whether there would be a need for guidance. That clearly is a subsidiary matter; I will take that subject away and write to him on it afterwards. I therefore kindly ask the noble Lord to withdraw his amendment.

Bus Services (No. 2) Bill [HL]

Debate between Lord Moylan and Baroness Pinnock

Committee stage
Thursday 13th February 2025 Grand Committee

[Baroness Pinnock (LD)]

As far as I have heard on this third day in Committee and at Second Reading, there has been a majority consensus for the Government’s proposals. What we are trying to do is to draw out those issues that we hope the Government will be able to address. One, as we have heard this afternoon, is rural bus services—and, indeed, access for island services. Equally, we understand that that will probably mean more funding. We had a debate on that on an earlier day in Committee. This is not about criticism or blame; it is about pulling out the issues.

[Lord Moylan (Con)]

I wonder if I could interrupt the noble Baroness to say that I hope that she realises that this Bill does not give the Government powers to run bus services. The whole point of this Bill is to give powers to local government to run bus services. When she says, “We want the Government to address these issues”, it is unclear to me to what she is referring. If she says that she wants the Government to provide funding to address these issues, that is fine, but if the funding is to be specific and hypothecated to particular purposes—say, to the crossing of bodies of water or certain rural services—then what is the point of giving the powers to local government? They should be making those decisions, wherever the funding comes from. I find the Liberal Democrat position on these provisions very difficult to follow.

Bus Services (No. 2) Bill [HL]

Debate between Lord Moylan and Baroness Pinnock

Committee stage
Tuesday 28th January 2025 Grand Committee

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for his detailed reply and the clarity of his answers to all our amendments. I remind the Committee that my Amendment 4 seeks to encourage the Government to respond positively to the need for funding, such as TfL has enjoyed. I note that Amendment 30 from the noble Lord, Lord Moylan, is using funding to discourage enfranchising. There is quite a world of difference between us.

[Lord Moylan (Con)]

My Lords—

[Baroness Pinnock (LD)]

If I may finish my point before the noble Lord can come in, I thank the Minister for his assurance on funding. I am going to wait for the figures to come out of all that, but I am especially disappointed that the ministry has asked him to point towards local government funding as a source, when that funding is under huge stress at the moment. With that, I wish to withdraw Amendment 4 in my name.

--- Later in debate ---

[Lord Moylan (Con)]

I think that the noble Baroness said Amendment 30 when she probably meant Amendment 31, but that is a minor point.

[Baroness Pinnock (LD)]

Yes, sorry.

[Lord Moylan (Con)]

It is complete nonsense to misrepresent my point in the way that she has done. I am really beginning to wonder, as I say, if the purpose of the Liberal Democrats is to use this Committee to attack the Conservatives rather than hold the Government to account. It is very odd indeed and might merit some discussion outside the Committee.