Planning and Infrastructure Bill

Debate between Lord Murray of Blidworth and Lord Wilson of Sedgefield

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Lord Wilson of Sedgefield (Lab)]

I thank the noble Lord, Lord Murray, for his amendment on statutory guidance on mediation in planning. This would require the Secretary of State to publish guidance promoting the use of mediation in a range of different planning activities, including plan-making, decision-taking and the use of compulsory purchase. The thrust of the amendment is to ensure that issues are dealt with upfront, as opposed to relying on issues to be dealt with through the courts.

As the noble Lord set out in his speech at Second Reading of the Bill, this is not a new issue. Previous Governments have explored this approach multiple times, but it has borne little fruit. Although we completely agree with the underlying objective of the amendment, we regretfully cannot accept it.

We feel that a statutory duty to have regard to such guidance would not be appropriate or necessary for all planning activities. In particular, when determining planning applications, planning law requires the decision-maker to consider all relevant planning matters set out in the local development plan and weigh this with other material planning considerations.

Given this legal framework, it would not always be possible to reach consensus on all matters—this is not the exercise when determining whether development should be granted permission. Where a planning application is refused by a local planning authority, there is a well-established procedure whereby the applicant can appeal the decision. In an appeal, an independent inspector from the Planning Inspectorate, acting on behalf of the Secretary of State, will consider planning matters afresh. The procedures used give relevant parties the opportunity to state their case further. As these processes are carried out in public, it ensures that the process is transparent and fair. This process provides a considerable benefit compared with mediation, in that mediation is carried out behind closed doors.

It is common practice, and encouraged through the NPPF, that when determining applications local planning authorities work positively and proactively with applicants. It is often the case that large-scale and complex development applicants and local planning authorities enter into planning performance agreements, which will help manage the process and provide a forum for dispute resolution.

There are some areas where we actively encourage mediation already. In relation to compulsory purchase, the Government have already published guidance on the use of alternative dispute resolution techniques, including mediation, to help parties resolve concerns on the principle of compulsorily purchasing land by CPO. The Government are also committed to strengthening the system of developer contributions, including Section 106 planning obligations, to ensure new developments provide necessary affordable homes and infrastructure, and we are considering a range of options to deliver on that commitment.

For the reasons I have set out, I hope that the noble Lord can withdraw his amendment.

[Lord Murray of Blidworth (Con)]

My Lords, I am very grateful to the noble Earl, Lord Russell, for his support of the amendment. I rather agree with the questions that he asked. I look forward to seeing a copy of the letter which I am sure the Minister will write in response to the questions posed by the noble Earl. I am also grateful for the support from my noble friend on the Front Bench.

Turning then to the response from the Minister, I must confess that I am rather disappointed with the tone of the reply. Clearly, it is out of kilter with the approach taken by the senior courts of this country in encouraging the use of alternative dispute resolution. I have to say I find the reasoning as to why this particular route should not be explored unpersuasive; saying that it has not worked in earlier iterations is not a reason not to try a better formulation. That does not stack up. The second reason given was that planning processes occur in public and mediation occurs in private. That is true in all civil litigation, where mediation is positively encouraged by the courts. The point is that, if we enable the parties to negotiate in advance, we can avoid litigation, save public money and avoid delay.

I hope the Government will revisit their resistance, because I would consider returning to this issue on Report. I look forward to my meeting with the Minister’s colleague, which may or may not result in a different position. With that, I beg leave to withdraw.