Planning and Infrastructure Bill

Lord Randall of Uxbridge Excerpts

Wednesday 29th October 2025 Lords Chamber

[Lord Krebs (CB)]

My Lords, I rise with some trepidation to speak against Amendment 245. In so doing, I emphasise that I have the greatest respect for the noble Lord, Lord Goldsmith, and his superb work as Environment Minister in your Lordships’ House, as well as respect for the other signatories to this amendment. My opposition may be surprising if your Lordships recognise that I am an emeritus professor at the Edward Grey Institute of Field Ornithology at Oxford University —which is arguably the world’s leading ornithological research institute—as well as being a life member of the RSPB. So why am I against swift boxes? I am absolutely in favour of measures to halt the decline in swifts and in other species I will come to in a moment; my objection to this amendment is that it simply will not work.

The amendment refers to fitting swift bricks on houses or buildings over five metres tall. Let me describe the basis on which I suggest that this will not work. The Edward Grey Institute is home to the longest-running study of swift populations anywhere in the world: it has been running for 78 years. The first thing to say about this long-running study is that the swifts nest in the tower of the Oxford University Museum of Natural History, which is not five metres tall but 58 metres tall. I will explain why that is important in a moment. I do not want noble Lords to think that this is my opinion alone. I consulted my colleague, Professor Christopher Perrins, who ran the swift study for many years and is a former director of the Edward Grey Institute. What he points out, and I agree, is that swifts are very specialised aerial feeders and flyers. They are superb flyers, and one consequence of their specialisation for flight is that in order to get into their nest, they need a very long, exposed flight path: like a jumbo jet landing at an airport, they need a long entry point. Equally important, when they leave the nest, they need a very large drop space in order to come out of the nest, drop and start flapping their wings to take off. That is why, when nesting in the tower of the university museum at Oxford, which is 58 metres tall, the swifts prefer to nest at the very top. Even boxes that are 15 or 20 metres from the top are not used by the swifts; only the ones at the very top.

This is a very well-intentioned idea, and I am all in favour of measures that will help reverse the decline in swift populations, but I do not think this is the right one. So what is the cause of the decline in swift populations in this country? We have to look at the fact that it is not just swifts, but other bird species that are aerial insect feeders: house martins, sand martins and swallows are all in steep decline. They all have very different nesting requirements. The swift is the only one that nests in a hole, as the swift brick amendment would suggest, or under eaves.

The real cause of the decline of these bird species is the decline in aerial insect populations. We all know, and it is an oft-repeated fact, that in the good old days when even I was young, if you drove down a country lane at night, your windscreen would be spattered with insect corpses. Now you drive down a country lane at night and your windscreen is completely clear. Yes, we should tackle the problem of declining aerial insectivores —swifts, house martins, sand martins and swallows—and declining insects, but swift boxes are really a bit player in this whole question. Although I support the intention of the amendment, I do not think it would deliver what is claimed and therefore, reluctantly, I do not support it.

[Lord Randall of Uxbridge (Con)]

My Lords, I am a great admirer of the noble Lord, Lord Krebs, and I listened to what he said. I remember reading a book probably by one of his predecessors at Oxford, Swifts in a Tower by David Lack, which was a very interesting and useful piece of work. I understand exactly what the noble Lord is saying. There is not a simple answer; there is the matter of insects—it is not just the hirundines and swifts that we are talking about.

Swift bricks are well-intentioned things and, of course, would not be just for swifts. There are some other cavity nesting birds including house sparrows, which may not seem as exciting to people as swifts. They are in decline; I do not see many at all around in Uxbridge now.

As my noble friend Lord Goldsmith said, the Government seem to have done a reverse ferret or had a damascene conversion in reverse, but I am still hoping there may be another one. The noble Lord, Lord Krebs, has raised the point that we should be looking at all sorts of measures, and there may be an opportunity for the Government to look at higher buildings—perhaps not residential ones, but when new schools or hospitals are being built they could put in swift bricks; they can even be put under the tiles, I believe. I hope that by the time this amendment comes to a Division, if it does, or at Third Reading, there may be some thoughts about how we make this better. I think the Government would genuinely like to do it, but there are various things getting in the way. The noble Lord, Lord Krebs, has given them a perfect excuse, so I will take him aside and sort him out.

My noble friend Lord Goldsmith and many other noble friends and noble Lords have expressed their desire for something to be done, and this seems like a good way forward. It is something for us to digest.

[Lord Empey (UUP)]

My Lords, I do not think anybody in this House does not want to achieve the objectives of this amendment and, indeed, others. We have to be realistic that our populations of native birds, and other flora and fauna, have been dropping for a long time. We, collectively, are partly responsible for this, because our involvement in land use and urbanisation naturally clashes with the requirements of birds such as swifts.

Without attempting to challenge in any way whatever the noble Lord, Lord Krebs, with his experience and background, nevertheless I feel that even if the swift population is not necessarily going to be dramatically affected or have its chances improved by this measure, other birds might find that they would be beneficiaries. I cannot see a downside to the proposal and, on balance, it is worth pursuing the amendment because if it does not affect swifts in some particular areas—their behaviour may obviously vary from one place to another —other birds would benefit.

It is surprising how many people are interested in this. In my own region, the Antrim area, a significant number of people are part of a swift group trying to help the native species recover. We should encourage that. I see no downside to the measure and I support it, albeit we have to accept the fact that no silver bullet will effect any one of these things; there is a combination of things. Their food source, insects, being fewer and farther between is always the biggest challenge for any native animal. But there is enough in this proposal to make it worth while, and I support it. I hope the House will do so.

--- Later in debate ---

[Baroness Freeman of Steventon (CB)]

My Lords, we should make our homes and houses and gardens as supportive to the lives of other species as is feasible, especially where the solutions are so low-cost. I was very happy to add my name to Amendment 140, in the name of the noble Baroness, Lady Grender.

I refrained from wading into the swift box debate previously, but I consider this amendment to be swift box-plus, and I support it. I agree with my noble friend Lord Krebs about the behaviour of swifts—I have had the joy of filming them in the tower in Oxford. I also know that these boxes are heavily used by other species. Therefore, I support the use of swift bricks, nest boxes and anything that costs virtually nothing.

I recognise that the Government are not keen to change building regulations. I note that adding spaces is free and does not have to be under the name of nature. Perhaps we could change building regulations to add some spaces without specifically saying that it is for nature —for instance, leaving gaps under fences for hedgehog highways. We do not have to commercialise this; we can just say that leaving a gap is a good thing to do.

My Amendment 246, on bird-safe design, is supported by the noble Baronesses, Lady Grender and Lady Bennett of Manor Castle, and by the Animal Sentience Committee, the Wildlife Trusts and the RSPB. I have spoken about this in Committee, but I remind noble Lords that an estimated 30 million birds a year are killed by glass windows in the UK, and free or cheap solutions exist which can reduce these collisions by over 90%. Bird-safe design is already legislated for in many other jurisdictions, all based on good research done at major centres in the US and Europe.

I have spoken about bird-safe glass and how its patterned or UV coating can make it visible to birds. I want to make the additional point that these coatings, blinds or louvres, which we see often in glass office blocks, also help with thermal protection, so bird safety can easily be combined with net-zero building requirements, at no extra cost. That is just a little thought: the regulations that deal with one could also deal with the other.

I emphasise that most bird-safe design is free and does not get in the way of house or office building. For example, if a bird hits the office glass and falls into those little ventilation shafts or drainage grilles that you get at the bottom of big glass offices, they fall through the grille if it is too large and then come round in a space that they cannot get out of and can starve to death. Simply mandating that the grille size is smaller than 2 centimetres can stop birds getting stuck in them in the first place. These are the tiny things that can help. They are already specified in guidance in Canada, the US, Singapore and Switzerland. We have no such guidance here.

In Committee and in a helpful meeting with the noble Baroness, Lady Hayman of Ullock, the Government said that they were sympathetic to the principles but did not want to change building standards to encompass nature as well as humans. I have changed my amendment to specify an addition to the NPPF instead, as part of its updating. The NPPF already includes things such as swift bricks but does not address bird safety at all. This is a big surprise to people from other countries, where bird-safe building design is much higher profile. We have a duty under the Wildlife and Countryside Act 1981 not to recklessly kill birds. Given that a simple and cheap change to building design could so dramatically reduce the number of birds being killed by our buildings, adding it to the NPPF and issuing a guidance booklet, as is done in so many other countries, is really necessary.

I very much hope to hear something positive from the Minister tonight. If the Government agree with the principles but have a different way that they would want to implement them then I am all ears, but this is the Planning and Infrastructure Bill, and I think that whatever their plans are should be in it. I reserve the right to ask the opinion of House next week if I am not satisfied with her answer.

[Lord Randall of Uxbridge (Con)]

My Lords, I fully support Amendments 140 and 246.

I agree entirely with the noble Baroness, Lady Grender, about having a level playing field. I remember organising a round table in No. 10 a few years ago with developers and builders who all said that they would love to do various environmental things but, “We’re not going to do it if somebody else doesn’t”. In that case, it was because it was a bit more expensive. It was very often to do with boilers and so on. The measures that we are talking about here are very low-cost. I can understand Governments being loath to implement this, but when everybody has to do it, everybody will be happy. There are extra things that could be put on, I am sure, and that is going to be a danger, but we must look at this very seriously.

Planning and Infrastructure Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Monday 15th September 2025 Lords Chamber

Moved by

[Lord Randall of Uxbridge]

212: After Clause 106, insert the following new Clause—
“Building regulations: swift bricks(1) The Secretary of State must, within six months of the day on which this Act is passed, introduce regulations under section 1 of the Building Act 1984 (power to make building regulations) to make provision for the installation of an average of one swift brick per dwelling or unit greater than 5 metres in height.(2) Regulations must require the installation of swift bricks in line with best practice guidance, except where such installation is not practicable or appropriate.(3) For the purposes of this section—“swift brick” means an integral nest box integrated into the wall of a building suitable for the nesting of the common swift and other cavity nesting species;“best practice guidance” means the British Standard BS 42021:2022.”Member’s explanatory statement
This new clause would require the Secretary of State to introduce regulations to require the installation of integral bird nest boxes and swift boxes in developments greater than 5 metres in height. Swift bricks provide nesting habitat for all bird species reliant on cavity nesting habitat in buildings to breed.

[Lord Randall of Uxbridge (Con)]

In the absence of my noble friend Lord Goldsmith, I shall move Amendment 212, to which I have added my name. My noble friend sends his apologies to the Committee that he is detained elsewhere and cannot be here today. I am grateful, as is he, that my noble friends Lady Coffey and Lord Hintze have also added their names to the amendment.

At the beginning of our deliberations today, the Government Whip exhorted that we have swift debates, and I have moved a swift amendment. So, I am helping the Government yet again.

This is a subject we discussed in the levelling-up Bill and it was mentioned at Second Reading of this Bill. It is a simple amendment, which is probably why I am able to speak to it. It asks that a swift brick, which allows a swift potentially to breed in it, be added when a new build is made. This would apply only when appropriate. I point that out because some people have said that it may not always be appropriate.

I am sure that Members of this House know all about swifts, but here is a very brief résumé. They are migrants that come here quite late—normally at the end of April or in May—having flown all the way from sub-Saharan Africa or the Congo Basin. They do not stop flying. They mate on the wing. The only time they are not flying is when they are nesting.

These poor swifts have been declining in numbers. There may be a variety of reasons, such as a lack of insects and so forth, but one reason that has been identified is the success of insulation in houses. Cavity insulation means that the nesting areas that would normally be under eaves or wherever are not there. Imagine these poor swifts: they have flown all the way from the Congo, they are looking forward to going into the building that generations of swifts have been going to and they find that it is effectively blocked up.

The simple thing we are asking for is that the swift brick is placed in building regulations. I have a feeling that the Government might suggest that this could be planning policy, but I do not think that that is sufficient. I cannot understand why Governments—the previous Government were a little shy on this as well—will not accept this. I know that some people think it is perhaps overregulation or burdensome, and I heard it whispered, but I could not believe it is true, that there is lobbying from developers and builders. I cannot believe that that could in any way influence a Government, so I just ask the Government to reconsider.

This is in fact a great opportunity because, literally just a year ago, I think by a few days, campaigners, including my noble friend Lord Goldsmith, the swift campaigner the indefatigable Hannah Bourne-Taylor and others—I will not mention them all—met the then Secretary of State in Defra, the right honourable Steve Reed. He said that they were pushing at an open door because Defra has always been in favour—they are the friends of the environment—but sometimes other departments get in the way. This is therefore a great opportunity because we now have a convert to swift bricks in the ideal position to sanction this particular thing, so I am hoping that it can be done. It has been done successfully elsewhere, such as in Gibraltar. Some people might ask what happens if swifts do not come in. Other birds, including house sparrows, which are not as common as they used to be, can also utilise them, so it as a very good measure.

I say, finally, to the Government Benches that some of the measures in this Bill have not been quite to the flavour of environmental groups and members of the public who think that their language on bats and newts was a little bit extreme. So, in that same spirit of helping the Government regardless of the political party and in order to help them to get a win-win, this is the ideal time to allow this measure and put it into the Bill.

I support the other amendments in this group: Amendments 225—to which I have added my name—227GA and 338. I wanted to make sure that this is a swift debate. I beg to move.

[Baroness Freeman of Steventon (CB)]

My Lords, I also support all the amendments in this group, which I think would support the Government’s stated aim to help nature in this Bill by making sure that the places that we build for humans at least minimise harm to wildlife and, in the case of swift bricks, actually help it.

I speak to Amendment 225 in my name and thank the noble Lords who have also put their names to it and support it. This amendment would require the Secretary of State to publish guidance on bird-safe design of buildings and to ensure that new buildings and significant changes to existing but not exempted heritage buildings incorporate this guidance as far as is practicable. Incorporating this amendment would not only bring the United Kingdom into alignment with what is seen in other jurisdictions around the world but would make the UK the first to introduce national bird safety legislation, which is something that could provide a welcome positive message for the Government to project.

I know that there are broader environmental concerns with the Bill, which we shall come on to later tonight, but the potential positive effects of this single amendment are enormous. Remember that the number of birds thought to be killed by flying into glass in buildings in the UK is over 30 million per year. The problems are simple. First, birds cannot see glass. Clear glass or glass that is reflecting nearby trees or sky is a hazard. Secondly, at night, artificial lighting, particularly in tall buildings, can disorientate migrating birds, making them end up circling the lights until they are exhausted and crash into a building.

The solutions are also simple, well researched and legislated for in many places. I have been able to base the wording of this amendment on that in many other jurisdictions, such as San Francisco, which has mandated bird-safe standards since 2011, Washington DC, New York, Portland in Oregon, Toronto, Calgary, Hesse and Zurich. There are also bird-safe design guides based on 40 years’ worth of research that can provide an easy reference from the United States, Canada and Singapore. We have experts in the UK too. They all agree on some simple features of buildings to avoid—essentially, ones that make it look as though a bird can fly through safely to reach sky or a perch in a tree, but where there is actually a sheet of lethal glass. These can be removed through thoughtful architectural design, or you can use bird-safe glass. That is simply glass that is made visible to birds, either through patterns that we can also see or through patterns that reflect ultraviolet, which are invisible to us but visible to birds.

Research has shown that specific patterns, such as lines no thinner than two millimetres, spaced no wider than 50 millimetres apart, can effectively stop a bird flying into glass—a more than 90% reduction in collisions in tests. These test centres can therefore certify bird-safe glass, and there are many designs available from different manufacturers, including the UK’s Pilkington glass, which has a certified variety.

Then there is night-time lighting. Many cities around the world now have lights-out times. Even New York’s Twin Towers memorial beams get switched off for periods during bird migrations to help birds escape their fatal attraction. In the UK, awareness of this problem and its simple solutions is surprisingly low compared to North America. Experts I have spoken to around the world were delighted to hear from me, because they think of Britain as being so far behind in bird-safe buildings despite a world-leading status in so much animal welfare research and legislation. This amendment could put us back as global leaders in having the first national bird safety legislation, it would help put the Bill in line with the Animal Welfare (Sentience) Act 2022, as the Animal Sentience Committee has already pointed out, and it could save tens of millions of birds every year.

As for the cost, producing guidelines is easy, as I say, given the plethora of sources already available. Bird-safe architectural design is also easy once you know the guidelines. In a double win, many of the coatings and shades that help make glass less dangerous to birds also help with thermal issues and energy efficiency in glass buildings. The regulations on night-time lighting could help energy efficiency too. The cost of glass varies depending on specifications, but manufacturers that I have spoken to estimate that, at the moment, the cost of bird-safe glass in commercial buildings is about 5% more than normal glass and about 10% more for a domestic glazing unit, but all have said that those costs would come down quickly with scale. Not only that, but bird-safe glass apparently used to be made here in the UK, with 90% of it exported to projects in China, Europe and North America, driven by their legislation. With the market mainly being overseas, manufacturers have now mostly moved from the UK to Germany to follow demand, but could return if we caught up with global bird-safe legislation.

Amendment 225 seems to me an example of the much sought after win-win. Putting it into this Bill, alongside others in this group, would help demonstrate the Government’s stated commitment to helping nature and nature recovery, alongside helping British businesses and not slowing down any housebuilding. I very much hope that the Minister will agree.

--- Later in debate ---

Therefore, while I thank noble Lords for their amendments, there is existing legislation in place to protect vulnerable species and that, combined with the measures in the National Planning Policy Framework, means that we remain of the view that planning policy is the best mechanism to ensure that development proposals consider wildlife. Therefore, I kindly ask the noble Lord to withdraw his amendment.

[Lord Randall of Uxbridge (Con)]

My Lords, I was a bit remiss in not congratulating the Minister on remaining in post. Prime Ministers make, from time to time, crazy decisions—I have seen it happen—but nothing would have been crazier than to remove the noble Baroness from her position. That is why I did not even think about it.

I thank all noble Lords who have taken part in this very interesting debate. It is a subject that I care very passionately about. I agree with my noble friends Lord Caithness and Lord Lucas, but I am testing the Government to see whether they can get one tiny thing through. I think the answer is no—not yet anyway.

Bird-friendly buildings is a really important subject. It does not have to mean that you switch the lights off all the time, it is about reflections and so forth. We may return to this.

My noble friend Lord Blencathra might speculate about where my noble friend Lord Goldsmith is, but I could not possibly comment.

I say to the Minister: in the same way as the swifts return every year, albeit in smaller numbers, this too will return on Report, albeit with greater numbers and more vehemence. In the meantime, I beg leave to withdraw the amendment.

Amendment 212 withdrawn.

Levelling-up and Regeneration Bill

Lord Randall of Uxbridge Excerpts

Report stage
Wednesday 6th September 2023 Lords Chamber

[Lord Randall of Uxbridge (Con)]

My Lords, I support my noble friend Lord Goldsmith, and I am delighted to have been a co-signatory of his amendment along with my noble friend Lord Blencathra.

The hour is late and, like the swifts, most of the Benches have migrated somewhere else, possibly to cavities unknown. The people remaining in the Chamber probably do not need me to tell them about the marvels of swifts so, whereas I was going to spend a lot of time talking about this iconic species and the fact that the sound of swifts overhead is always in dramas when it is summertime, whether it is dubbed or recorded.

It is not just about a lack of cavities. The reduction in insects and everything else means that they need help. I say to my noble friend on the Front Bench that I admire the gamut of what we have to deal with in this Bill and she is doing admirably—in fact, more than admirably: magnificently. It is just marvellous. I do not see how a Minister can have so much knowledge and briefing about all these different subjects.

However, I say to her that Gibraltar has done this very successfully for several years, if not longer, and it is something that we should be looking at seriously. I do not believe the Government are opposed to it; I think there is that sort of bureaucratic looping in to which we should probably, as my noble friend Lord Goldsmith alluded to, have given more time.

I am sorry that we do not have more time today to discuss this issue and see where we are going, but I urge the Government to look at it. I have had a briefing from house builders today with some marvellous ideas, so they are sort of onside. This is something that we can really get behind because it would not cost the Government anything. It would just show that this country and this Government are nature-friendly, and I would welcome any comments from the Front Bench to that effect.

[Lord Northbrook (Con)]

My Lords, I am not quite sure why the Control of Pollution Act is put in the same group as swifts. Anyway, my Amendment 282 is in this group.

My local authority, the Royal Borough of Kensington and Chelsea, unlike some local planning authorities, refuses to impose by planning condition any requirement on developers to mitigate noise, dust and vibration during construction work in accordance with an improved construction method statement that the developer is routinely obliged to submit as part of its planning application for a major development. Instead, with respect to such developments, it promises to encourage developers to submit applications for prior consent under Section 61 of the Control of Pollution Act 1974, failing which it promises that the council will issue a Section 60 notice.

These consents and notices create legal obligations on the developers but the Royal Borough of Kensington and Chelsea can take action only if a breach has been notified. However, the Royal Borough of Kensington and Chelsea does not publish the consents and notices anywhere on its website or even the fact that a notice has been issued or a consent agreed to. As a result, residents are not aware whether or when a notice has been issued, what measures a developer has promised to take, what the obligations are under the notice or whether an obligation has been breached. They therefore cannot notify the Royal Borough of Kensington and Chelsea that a breach has occurred. As a result, the system is rendered useless.

My proposed solution is simply that local planning authorities should be obliged to publish all such consents and notices on their planning websites promptly upon issue and not remove them. In the other place, the Minister’s response was that Section 69 of the Town and Country Planning Act 1990 requires local planning authorities to keep a register of applications. The Town and Country Planning (Development Management Procedure) (England) Order 2015 requires that these registers contain parts 3 and 4 containing details of local development orders and neighbourhood development orders respectively. Part 3, for instance, must include copies of any draft development orders that have been prepared but not adopted by the local planning authority and any adopted local development orders.

The Minister’s reply in the other place completely missed the point. Notices issued under Section 60 and consents given under Section 61 of the Control of Pollution Act are not planning applications or local or neighbourhood development orders. The reply in this place from the noble Baroness, Lady Bloomfield, in Committee showed that she did not seem to understand what the amendment was seeking to achieve or why. She said:

“Legislating for information to be published in a specific way would remove their ability to make decisions at local level, for little additional benefit”.


This is incorrect. It would not affect in any way local authorities’ ability to make decisions. She concluded, without explanation, that

“the Government believe the proposed amendment is unnecessary and cannot support it”.

On being pressed by my noble friend Lord Bellingham, she replied:

“Since this is a Defra lead, I will commit to write to my noble friend and share the answer with the rest of the Committee”.—[Official Report, 18/4/23; col. 577.]


She did not do so.

When an LPA imposes a planning condition to require compliance with an approved construction method statement, it is obliged by law to publish on its planning website the text of the condition and the fact that the condition has been imposed. No one argues that this removes or affects its ability to make a decision, nor have I ever seen it argued that there are any circumstances in which it would be justifiable to keep the imposition of a condition or its text secret. Measures whereby the developer promises to mitigate noise and disturbance during construction do not touch on privacy or national security. By analogy, I cannot think of any circumstances in which it would be justifiable for a local planning authority to keep the issue of a Section 60/61 notice or consent, or its contents, secret. The Government have not explained why keeping it secret might be justifiable, and that is why I tabled the amendment on Report.

Levelling-up and Regeneration Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Thursday 18th May 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I have a number of amendments in this group. I will not go into detail on all of them but will talk about our concerns about this part of the Bill and home in on a number of them.

Part 6 gives Ministers the power to amend or replace 17 systems of environment assessment with a new environmental outcomes regime. Changes to these technical systems will have significant environmental impacts on the ground. Environmental assessment provides the critical processes that ensure that nature, climate and heritage considerations are properly considered in the planning system and that help protect sensitive sites from damage. Given the potential for environmental harms—or benefit, of course—to arise from these changes, we believe that detailed parliamentary scrutiny is essential. We are concerned that, as drafted, Part 6 largely freezes Parliament out from shaping the process that is going to have significant impacts for net zero and for nature’s recovery.

The bulk of the detail of the environmental regime, including the outcomes that it will be built around and which actual projects it will apply to, are all going to be set by secondary legislation. In the words of the Office for Environmental Protection, the body set up by the Environment Act to scrutinise environmental policy,

“its potential environmental implications will only become fully apparent through ‘EOR regulations’”.

We believe that giving the Secretary of State Henry VIII powers to reshape all systems of environmental assessment is unsatisfactory and inappropriate, considering the climate and ecological emergency that we are living through. My amendments would require Ministers to set higher environmental ambitions in primary legislation and allow for greater parliamentary scrutiny of any subsequent EOR regulations. This would enable parliamentarians to ensure that the new processes lift rather than lower environmental standards, something that Ministers have often declared they want to see.

My Amendment 372 would ensure that the central aspect of the EOR regime—the nature of the environmental outcomes it will strive to deliver—is fully set out in primary legislation. Currently, the lack of detail in this area is such that climate is not in fact mentioned at all within the EOR scope set out in Clause 138. Perhaps the Minister will explain why. Friends of the Earth has observed that we

“are left to hope that Government will, at some later stage, include the protection of the climate as an environmental outcome”.

A consultation on the EOR published by DLUHC in March sheds little further light on this baffling omission of climate from this Part of the Bill. The consultation suggests that climate change will be inherent in the consideration of the factors listed in Clause 138 and adds that Ministers can always use secondary legislation to update it if required. Does the Minister agree that such a relaxed approach to the consideration of climate impact within environmental assessment is inappropriate in a climate emergency? My Amendment 372 clarifies that protection of the climate from the effects of human activity should be a core environmental outcome, set through primary legislation.

My Amendment 371 adds further essential details to the description of other outcomes—for example, the need for natural environment outcomes to include improvements to the condition of protected sites. Adding these core environmental aspects to the Bill will then embed them into the EOR regime right from the start and allow their detailed application to be further considered through proper scrutiny.

My Amendment 377 would strengthen the non-regression safeguard in Part 6 and ensure that the EOR regime will not be weaker than current systems of environmental assessment. The current safeguard set out in Clause 142 is far from robust, because it gives the Secretary of State the power to actually weaken standards in the EOR regulation, as long as they are satisfied that the overall level of environmental protection will not be less than before. The Office for Environmental Protection has highlighted that this “overall” wording allows for highly subjective assessments to be made by Ministers, with declines in crucial standards potentially being offset by strengthening of standards that a Minister alone feels has the same weight. For example, a Minister could balance weakened standards for the condition of protected sites with improvements in standards for environmental data collection, allowing the weakening of protected sites to proceed, to the detriment of nature. 

My Amendment 377 replaces this weak safeguard with a stricter legal test, requiring no diminution of environmental protection in any one area. This provides a higher bar to shape EOR regulations and for parliamentarians to assess them against. It also echoes the wording of the non-regression clause—Section 20—in the Environment Act 2021. This robust non-regression test should also be applied to this Bill. I hope the Minister agrees. The Government have already responded positively to one set of amendments to Part 6, and we thank them for that.

My Amendment 369 and Amendments 375 and 376 tabled by my noble friend Lady Taylor of Stevenage highlight that, due to confused drafting, Clauses 139 and 141 would undermine the mitigation hierarchy, which is a keystone in environmental protection in the planning system. We very much welcome government Amendments 373A, 373B, 373C, 373D, 373E and 373F, which were tabled in March to address this. Will the Minister and her department look again at how this responsive approach could be extended to ensure that the EOR regime has climate considerations and that there is a robust non-regression clause built into it?

The process for scrutinising the regulations that will implement Part 6 needs to be enhanced. Currently, the Bill sees EOR regulations subject only to the affirmative procedure, which, of course, precludes amendment and almost always leads to the regulations being passed. Given the significant environmental impacts that EOR regulations will have, we believe that a more thorough and constructive form of scrutiny is required. My Amendment 388 will achieve this by requiring EOR regulations to be made under the super-affirmative procedure. This means we have an additional 60-day period for amendments and will allow for meaningful input into the detail of the new system.

It is important to highlight that a number of the environmental assessment systems that EOR could replace were originally set through primary legislation. Detailed parliamentary scrutiny and potential amendment of replacement regulations are clearly appropriate and commensurate with the need to get right the detail of vital climate and nature policies. In a letter to Peers following Second Reading, the Minister suggested that scrutiny concerns were unfounded, as the Government’s EOR powers were tightly constrained by their commitment to consultation with the public and public authorities. Public consultation is welcome, as long as it is for longer than 10 days, as I said earlier, but it does not provide a constraint on ministerial power. It is also no substitute for proper parliamentary debate.

Together, my amendments constitute a repair package for the EOR proposals. Currently, they constitute a ministerial power grab, with the Government asking us, once again, to trust they will do the right thing with the considerable powers that Part 6 confers. These amendments will provide a legislative underpinning to limit this leap of faith, embedding high environmental ambition in the Bill and enabling meaningful parliamentary scrutiny of any additional detail. I urge the Government to carefully consider the case for these improvements to Part 6 of the Bill, so that it meets the minimum scrutiny standards we expect of such significant policy changes. I beg to move.

[Lord Randall of Uxbridge (Con)]

My Lords, I will speak to my Amendment 384. Before I start, as there has been some gap between my appearances in this Chamber due to health issues, I remind the Committee of my conservation interests as laid out in the register. My amendment is supported by the noble Baronesses, Lady Jones of Whitchurch, Lady Willis of Summertown and Lady Bakewell of Hardington Mandeville. I was very grateful to those noble Baronesses for moving some amendments in earlier stages of Committee when I was not able to because of health issues.

--- Later in debate ---

[Lord Deben (Con)]

My Lords, I too am not always in agreement with the words of my noble friend, but I strongly support the amendment.

The key point is that chalk streams are more vulnerable than almost any other water because they are concentrated in areas of considerable development and they are subject to considerable abstraction and the results of sewage disposal. There is therefore a particular reason for isolating them as opposed to other things.

The crucial reason is that we are fortunate enough to have the majority of the chalk streams in the world. Britain needs to be very careful about protecting those few things that we have almost uniquely. I have to say to the Government that, awful though the REUL Bill is, this subject is clearly not going to be part of it, so this is an ideal opportunity to make that statement.

I fear that I know precisely what the civil servants will have said to the Minister. First, they will have said: “First of all, we really need a wider range of things here. We need to apply this much more carefully because otherwise people who will not be covered by this will object”. Secondly, they will have said: “It’s very difficult to isolate chalk streams when we are not covering this, that and the other”. Thirdly: “There will be other opportunities to do this in other legislation”. Fourthly: “This is a very big Bill already and we don’t want to burden the system with anything more”. Fifthly: “This particular amendment doesn’t cover all the chalk streams that ought to be covered, and therefore it would be better to wait until we can cover them all”.

There may be other things that civil servants will have told my noble friend, but I suspect that those are the first five. I suggest to him that this is the moment in which he does not listen to, “Better not, Minister”, and puts in, instead of that, “Be off, civil servant!” We need to have this. It is not perfect, but if we wait for perfection, we will do nothing. I just hope that the Minister, in whom I have great confidence, will be able to say, “This is a sensible thing to do and I can’t really think of any good reason for not doing it”—and therefore will do it.

[Lord Randall of Uxbridge (Con)]

My Lords, briefly, I join all those who have supported my noble friend’s amendment. I think that if my noble friend the Minister were sitting on the Back Benches he would probably have added his name. We know he has a difficult task but we wish him well in his endeavours.

[The Earl of Caithness (Con)]

My Lords, how sensible it was of my noble friend Lord Trenchard to degroup this amendment from the previous group, which already had 29 amendments in it. This is far too important an issue to be wrapped up in a comprehensive debate.

We should not be in the position of having this debate today. One of the reasons why we are is that the NRA was abolished. When we privatised water—I had the privilege of taking the Bill through this House—we set up the National Rivers Authority. There is nobody better at protecting species or habitat than former poachers, so we put into the National Rivers Authority those who had been in the water authority; one day they were the enemy, and the next they were the best gamekeepers you could possibly have. Under the NRA, there were distinct improvements within the water industry and it was a pity that it got amalgamated into the Environment Agency. It lost its focus and its speciality, and then of course the Environment Agency’s funding was cut.

Having said that, I thank the Government for what they have done. Credit must be given to them: they have a water plan and a storm-water reduction plan, and they have now given powers to Ofwat to consider the environment, which is a huge step forward. They have supported the catchment-based approach and, in particular, they are supporting the national chalk stream restoration group.

We have been in a similar position many times before. There have been lots of reports and discussions, but maybe—just maybe—this time we might get it right. Everybody is on the same page and singing the same song. They are supported by the Government, who have said that the door is slightly ajar. Let us barge through it now and do something for these chalk streams.

The restoration group, as my noble friend Lord Trenchard said, is there to drive progress by government and regulators, water companies, landowners, NGOs, river associations and individuals passionate about their rivers. Are we not lucky still to have people such as Charles Rangeley-Wilson, who is chairing the group and has given hours of his life to chalk streams? The Government must make better use of this input. We are so lucky to have those individuals, and I thank them.

I reiterate what my noble friend said about the one big wish. This amendment is designed to help push that one big wish through into beneficial action for the chalk streams. They are hugely important. I have to admit that they were not important in my life until recently; I was much more concerned about the tumbling rivers in the north of Scotland than chalk streams. But how we manage chalk streams is the litmus test of how the Government are going to handle all the difficulties around improving the environment.

One of the big problems in chalk streams is sewage, which has been in the headlines nearly every day for many months now. We had a “sorry” from the water authorities yesterday on this. If you go to Dorset to walk along the banks of the River Lym, you will see notices saying to keep out, as there is E. coli in the river. That is unacceptable in this day and age but sewage is not the only problem. It will be quite easy, now that the cost-benefit analysis has changed, to put in tertiary sewage works at Evershot and at Toller Porcorum on the upper reaches of the River Frome. That is not a problem.

More of a problem is going to be the septic tanks. A lot of villages, as well as individual cottages, houses and farms, are still within the catchment area of chalk streams and all with septic tanks. Those tanks cause a huge amount of problems, particularly in dry weather. The summer months, when the water flow is low and sewage tanks which are not up to standard are disgorging into the drains or waterways, are the real problem. It is an underestimated problem but it will be a huge one for the Government to have to tackle.

Besides that, the Government will have to tackle us humans in a different way. They have to be prepared to say to us humans: “You cannot fill your swimming pools, you cannot water your gardens or do the abstraction that you did”, as this is only going to be compounded because of climate change. In parts of France—we have not even got to the really hot part of the summer—locals are being told that they cannot do things with water that they have always taken for granted. This is going to be a hugely difficult message to get across, but we need to change our habits for the benefit of the environment. I hope that my noble friend will continue to push on this, but he needs to get the message across that everything being done, which will be costly, is for the environment and we have to adapt to it.

My noble friend will have to take on farmers too. There cannot be, within the catchment areas, fallow fields for much longer. There cannot be maize or salad crops grown, unless there is an immediate crop coming along, because if there is a fallow field you will get run-off and sediment. Noble Lords may have seen the news recently from parts of Italy, where there has just been six months’ rain in one and a half days. The run-off from that has been horrendous. If run-off gets into water—into chalk streams—that causes huge problems. It causes sediment on the base of the stream, which makes it much more difficult for the trout to spawn. If the trout have spawned and you get sediment, you are going to suffocate the eggs. The farmers are another challenge that the Government have to take on.

Another challenge is the highways department, as an awful lot of sediment comes off highways. I see that one particular recommendation from the chalk stream restoration group is about highways, but it alarms me that it has a nasty red cross beside it, where it says there is no action at all yet. Can my noble friend tell me what action he is taking to berate the Department for Transport and local authorities, so that they make arrangements such that the sediment which comes off the roads does not go unfiltered into our precious chalk streams?

There might have to be arguments with those who support beavers. I am a supporter of beavers in the right place, but in most cases beavers and chalk streams do not go together. What the beavers will do will slow down the water, increasing the sediment. It comes back to the problems that sediment causes, which I have just been describing.

Then of course there is water abstraction in its widest sense; I have talked about that a little. The NRA was tackling that hard, and I pay tribute to more individuals: people such as Richard Slocock, who stopped the River Piddle in Dorset being a dried-up bit of river. He worked with the NRA and the Piddle has now become one of our classic chalk streams again. Sir John Betjeman, when he was at Marlborough, was filled with glory by the sight of trout in the River Kennet. When I was at Marlborough, the trout did not have quite the same effect on me. But very close to where Sir John Betjeman was filled with glory, my noble friend Lord Benyon on the Front Bench—Richard Benyon, as he then was as Minister for Agriculture—stood on completely dry land in the middle of that river and later remarked in the House of Commons that the Kennet

“was as dry as the carpet”—[Official Report, Commons, 8/12/11; col. 405.]

that he was then standing on.

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Moved by

[Lord Randall of Uxbridge]

387: After Clause 151, insert the following new Clause—
“Purposes and plans of protected landscapes(1) National Parks, the Broads and Areas of Outstanding Natural Beauty must be managed in order to contribute to—(a) restoring, conserving and enhancing biodiversity and the natural environment;(b) meeting environmental targets under Part 1 of the Environment Act 2021 and the Climate Change Act 2008;(c) the implementation of any relevant local nature recovery strategies under section 104 of the Environment Act 2021;(d) the delivery of an environmental improvement plan prepared under section 8 of the Environment Act 2021; and(e) equitable opportunities for all parts of society to improve their connection to nature of those areas and the enjoyment of their special qualities.(2) The purposes included in subsection (1) must be prioritised in addition to the purposes listed in section 5 of the National Parks and Access to the Countryside Act 1949, section 2 of the Norfolk and Suffolk Broads Act 1988 and section 87 of the Countryside and Rights of Way Act 2000.(3) Relevant management plans must include targets and actions intended to further the purposes specified in subsection (2).(4) Relevant management plans include plans under section 89 of the Countryside and Rights of Way Act 2000, section 66 of the Environment Act 1995 and section 3 of the Norfolk and Suffolk Broads Act 1988.(5) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, the Broads or an Area of Outstanding Natural Beauty, any relevant authority must further the purposes specified in subsection (2) and the targets and actions in the relevant management plan.(6) The Secretary of State must maintain a publicly available list of relevant authorities who are to comply with subsection (5), publish a statement setting out instructions for relevant authorities, and review this list and statement at least every five years.(7) A management plan may not be made operational until it is reviewed by Natural England and approved by the Secretary of State.”Member's explanatory statement
This new Clause supplements the statutory purposes of protected landscapes by giving them additional purposes. Key parts of existing legislation, such as the Sandford Principle, would still apply. The amendment also places stronger duties on relevant authorities and updates requirements for protected landscape management plans, to ensure that all relevant authorities take more action to recover nature and tackle climate change within those landscapes. This implements key recommendations from the Glover Review of Protected Landscapes.

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[Lord Randall of Uxbridge (Con)]

My Lords, the Government have set themselves a tremendous triple task: by the end of the next Parliament, we must protect 30% of the UK for nature; also, by 2030, we must halt the terrible decline in British wildlife, which has been marching on for centuries; and, by 2050, we must end the era of fossil fuels and create a net-zero economy. I am proud of the role that this House played in setting the world’s first legally binding target to halt the loss of biodiversity during the passage of the Environment Act. I am proud of the role that my noble friend Lord Goldsmith and others played in securing a new global biodiversity framework with the same ambitious objectives.

The question before us today is whether we will make the land management reforms we need to deliver those three big promises. Serious improvements in land management are definitely needed. The abundance of priority species in England has declined by a staggering 82% since I was a boy and continues to decline by a further 2% a year. Instead of locking away carbon, 87% of English peatlands are still net carbon emitters. By some expert estimates, just 3% of the land is properly protected for nature. If we are going to turn things round, the UK’s great landscapes will be critical to our success.

Together, the national parks and areas of outstanding natural beauty cover a quarter of England. They are home to nine out of 10 threatened bird species and contain half of England’s priority habitats. From the chalk streams of the Chilterns, which we have discussed, to the blanket bogs of Dartmoor, they contain some of the rarest and most extraordinary habitats in the world.

Many of us probably imagine that our protected landscapes are already a backbone for biodiversity protection. Unfortunately, the truth is quite different. Nature in many protected landscapes is seriously deteriorating. Only 26% of sites of special scientific interest in national parks in England are in favourable condition, compared with a national average of 38%. In other words, our most important sites for biodiversity are often in worse condition inside protected landscapes than they are elsewhere. Critical habitats, such as peatlands, continue to leech out carbon as they are dried, overgrazed and degraded.

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[Lord Benyon (Con)]

I understand the campaigning point that the noble Baroness makes. That is perhaps for another occasion in this House; I am very happy to have that debate. I want to see more access but, over the next six years, the recovery of species in this country has to be our priority, as there has been a catastrophic decline. We have to work with people to give them more access where it is appropriate, but we also have to protect our countryside and rare habitats and make sure that hotspots of biodiversity are allowed to thrive, because the benefits from those will spill out right across our country.

Amendment 504GJC, so ably spoken to by my noble friend Lord Lucas, enables local communities, landowners and organisations to contribute directly to the 30 by 30 target through an internationally recognised structure—namely, the other effective area-based conservation measure. We understand the intentions behind this amendment. I provide reassurance that, as I said earlier, the Government are committed to protecting 30% of land for nature by 2030 and to developing the most appropriate approach to increasing and enhancing our protected areas and other land of value to nature.

We are working with partners across the country, including members of the public, the environmental sector, academics, farmers, landowners and the private sector, to deliver against this commitment. The nature recovery Green Paper sought views on our approach to 30 by 30. This included our plans to explore how land that is delivering for biodiversity outside of our designated protected areas can contribute to our 30 by 30 target. Many of the reforms explored in the Green Paper have fed into the Government’s environmental improvement plan, our delivery plan for protecting nature. The noble Lord is absolutely right to raise these points. More areas will be developed for nature as part of our reforms, and I very strongly believe that these should be included in our 30 by 30 calculations.

Government Amendments 467G, 504O, 509E and 515 address the requirement for Natural England to review the maps of open access land in their entirety at set intervals, with the first review currently due to be delivered by 2024-25 and subsequent reviews to be completed every 20 years following this date. These amendments allow Natural England to complete proportionate reviews, focusing on areas that were mapped incorrectly or have changed status, on an ongoing basis. While much open access land is already mapped correctly, some mistakes were made during the initial mapping process, and a first review of these areas is required to establish an accurate baseline. The amendments do not remove the first review deadline completely but move it to 2031 to allow for sufficient preparation of the review.

As I have said, we recognise the importance of enabling access to the countryside. That is why we have established 13 community forests, alongside substantial programmes to create more green open space and significantly expand national trails. We have also created and restored some 360,000 football fields of habitat since 2010. Our response to the Glover recommendations made clear that we will not consider whether CROW rights should be expanded until the review of the CROW maps is complete. Our stakeholders have been clear that reviewing the maps is a necessary first step before any consideration of expanding rights can be made. Once the first review is completed and a baseline established, the amendments will enable us to move to a continuous selective review system. Any changes in land use can be amended on the maps in good time rather than needing to wait up to 20 years for further review.

Amendment 467G inserts a new provision into the Countryside and Rights of Way Act 2000 regarding when Natural England must carry out reviews following the issuing of open access maps, and the matters that such a review must cover. The amendment also makes provision for regulations to set out the procedure on a review and makes consequential amendments.

I hope noble Lords will support these important amendments. A substantial amount of planning is required if we are to ensure that the reviewed maps are fit for purpose, so that we can then switch to a system of limited continuous review rather than the periodic reviews required at present. Amendment 467H would reduce, by three years, the time we have to make sure that the first review of maps is completed to the standard needed. The Government have tabled amendments which remove the scope for regulations to push back the deadline for the review, so I offer the noble Baroness assurance that this date will not move again.

Amendment 467I would insert a legal requirement to make regulations to enable subsequent reviews of the open access maps. Once the Bill has achieved Royal Assent, the Government intend to make regulations to enable a continuous review following the completion of the first review, which I hope will reassure the noble Baroness that the ability to do this will not be lost.

Amendment 467J would take the opposite approach of the government amendment by returning to the existing power to invoke the original appeals regime so that it applies to the review process. The Government feel it is important that we have the flexibility to fit the details of the appeal regime to the very different circumstances of the review, and therefore do not feel able to support this amendment.

[Lord Randall of Uxbridge (Con)]

My Lords, we have had a very interesting debate. I thank all those who have supported my amendment.

Because of the lateness of the hour I will not go into details, except to thank the noble Baroness, Lady Willis, for her speech, which was not just passionate but full of expertise, which shows the strength of this Chamber. I also thank my noble friend Lord Blencathra, not just for his almost complete support but for two ideas. One is tweaking. I am always up for tweaking and I hope my noble friend the Minister is too. My noble friend’s other suggestion involved a bottle of Highland Park. Perhaps we could get together and tweak this amendment with the Minister, and perhaps even his boss, so that we can go forward. Then, if the Government do not come forward with the appropriate amendment on Report, I assure my noble friend that I will return to it. With that, I beg leave to withdraw my amendment.

Amendment 387 withdrawn.

Levelling-up and Regeneration Bill

Lord Randall of Uxbridge Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Lord Randall of Uxbridge (Con)]

My Lords, I congratulate my noble friend on the Front Bench on introducing this large Bill. I slightly disagree with the noble Baroness opposite that it is a jamboree bag: I think it is more like a large selection box. Bearing in mind that there is so much in it, I shall concentrate on just a couple of issues.

National parks are very important to many parts of the country, particularly to the north. There are large centres of population and going to visit the national parks is excellent. However, at the moment they do not quite live up to what they are supposed to do; they are slightly disappointing. If there is an idea that a national park is going to be something like the Serengeti or Yellowstone, I am afraid it is not like that. There was an excellent review by Julian Glover, the Glover review of protected landscapes, and a lot of issues were raised in that. The Government accepted some in their response, but not quite all. I just say to the Minister that when it comes to Committee, I will be raising these and looking at some amendments. There is a huge opportunity to deliver the Government’s own promises to uphold COP 15 commitments and to revitalise the protected landscapes for nature, climate and people. It was quite popular down the other end: a cross-party group of MPs thought it was a good idea and I am sure that the Government, on consideration, will realise that they were correct.

I would like to raise an issue, and I declare my interest as president of the Colne Valley Regional Park. This is a regional park that goes down the edge of the urban fringe of London, ranging roughly from Watford down to Spelthorne. It is a wide-ranging regional park that is facing increasingly frequent exploitation and is being used in very special circumstances. We have had to put up with HS2 and we may have to put up with Heathrow expansion. I would say to those who talk about HS2, “I would have gladly levelled up. You can have HS2 in the north. If you can just pick it up and take it, you are welcome to it”.

It has become a bit of a free-for-all in the Colne Valley. There is a loss of green belt. There are long-term benefits for communities if we can just get co-ordination. One of the problems for the Colne Valley Regional Park is that it straddles lots of local authorities and even lots of political constituencies. The other day, I had two honourable friends—Boris Johnson and Joy Morrissey. The fact is that there is a variety of MPs and a variety of local authorities, and there is no co-ordinated plan for how they can address these planning issues. We need to refocus the very way we look at planning green belts and other things, ensuring that there is conscious co-ordination across these county boundaries and giving proper consideration to mitigation. You look at some areas and think, “Actually, it’s not so important to us but it is to others”. In the London borough of Hillingdon, we value that immensely—Buckinghamshire possibly less so, but I do not want to be mean about Buckinghamshire because I want to get Buckinghamshire on our side.

There is one final thing that I think we should be looking at—again, it is something that was raised down the other end—and that is introducing something called “wild belt”. I say that because green belt, valued as it is, is often seen just as something that prevents urban sprawl. Then you look at brownfield, and some brownfield has more biodiversity than some greenfield. A wild belt designation would allow local authorities to understand where they can put development and where they should not. Again, that is something I will be hoping to raise in Committee. With that, I will say that I am really looking forward to the maiden speeches of the two new Members giving them and I say to them, “The House will be right behind you”.

England: Historic Counties

Lord Randall of Uxbridge Excerpts

Thursday 16th September 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, we continue to look at devolution matters. As the noble Baroness knows, we considered One Yorkshire, but we are some way down the line in creating mayors in the different regions. We recognise the real, proud tradition in Yorkshire, which we should reflect in our national way of life.

[Lord Randall of Uxbridge (Con)]

My Lords, I should declare that I am a vice-chairman of the Historic Counties All-Party Group and a proud son of Middlesex. Would my noble friend—and fellow Middle Saxon, I believe—agree that just changing the administrative boundaries should not in any way harm the importance of those historic counties? Perhaps he will agree to a meeting with the all-party group and our indomitable special adviser, Mr Russell Grant, so that we can discuss these matters.

[Lord Greenhalgh (Con)]

My noble friend makes that very easy: I even have Russell Grant’s book on historic counties here. He has had a great impact on our department and I am very pleased to meet the all-party group and Mr Middlesex. Yes, I am a proud wearer of a Middlesex tie, admittedly from when I was younger, fitter and svelter. It is very important to consider these issues.

Flood Plains: Housing Development

Lord Randall of Uxbridge Excerpts

Thursday 24th June 2021 Grand Committee

[Lord Randall of Uxbridge (Con)]

I congratulate my noble friend Lady McIntosh of Pickering, not only on securing this debate but on her very good introductory speech on this matter. I refer to my interests as set out in the register, particularly those relating to wildlife and conservation: I am on the advisory board of River Action and chairman of the Essex Climate Action Commission.

My noble friend and other noble Lords have raised many pertinent points with which I would agree. Flooding obviously causes misery, as well as expense. As we have heard, particularly from my noble friend Lord Kirkhope of Harrogate, the matter of insurance is a real problem for many people. I also emphasise that I agree with the noble Baroness, Lady Jones of Moulsecoomb: the idea of building on a flood plain would, to most people, seem a complete no-brainer. Why would you want to do that when there is that risk, particularly when you do not have to? However, as has been said, local authorities and others are under pressure to find new areas for homes.

We have heard how my noble friend Lady McIntosh of Pickering worked very hard regarding the flooding measures. There are also natural flood reduction measures that can be considered, but they are not the only answer.

I mentioned that I am chair of the Essex Climate Action Commission; we have been looking at how many existing houses are already potentially at risk of flooding due to climate change, not least because of the rising sea level. That is something else that must be borne in mind.

I want to give some thoughts to my noble friend the Minister that might be worth looking into. The Wildfowl & Wetlands Trust, of which I have been a member for a long time, has produced a useful piece of work called A Blue Recovery. One of the many things in that is how new wetland cities have been created—particularly in China, but there is no reason why we should not look at that here. We can think back to the garden cities that were created quite a few decades ago now. I think the idea of wetland cities might be very appealing. We might be able to do flood reduction, and it could be a nice place to live. To go back the idea of just putting up a lot of houses—never mind the affordability, which is a crucial matter—I have found that, once people have got into those alleged “starter homes”, a lot of them want to move out of those estates as quickly as possible. If, instead, you created a whole new town or city based around waterways and wetlands, it would be good for biodiversity, flood prevention and, critically, carbon capture.

I just say: please, we must not build on flood plains, but let us also think of other innovative ideas that might help.

Tower Blocks: Cladding

Lord Randall of Uxbridge Excerpts

Wednesday 12th May 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, it is very clear from our independent expert advice that the greatest risk in terms of fire safety is the cladding system that accelerates the spread of fire. It is clear that there are other defects, such as internal compartmentation, that are designed to stop the spread of fire, so our focus is to remove the riskiest element to ensure that we protect people’s lives.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, given that the original developer still owns and manages the building, what steps are being taken to ensure that the leaseholders are not being saddled with historic building safety remediation costs that are no fault of their own?

[Lord Greenhalgh (Con)]

My noble friend is right: we want to protect leaseholders and we are funding £8 million. Our understanding is that the total remediation bill is some £12 million, and we have been pressing Ballymore to stump up the rest of the cash. When I initially met the company, it pledged £500,000, and it has increased that this weekend to £1.5 million. Frankly, it should not be passing on any costs to leaseholders.

Rough Sleeping

Lord Randall of Uxbridge Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, we have put in place bespoke support for local authorities through our homelessness advice and support team, which includes dedicated youth homelessness advisers who will inform the response to support young people. In addition, we recognise the role played by the community and voluntary sectors play if we are to end rough sleeping. That is why, included in the £6 million-worth of emergency funding, is around £100,000 that has been given to St Basils to ensure that we upskill and fund Youth Voice, which is a training scheme for young homeless people across the country.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I am very encouraged to hear about the improvements in the rough sleeping figures and I sincerely hope that they can be maintained. Perhaps my noble friend could say what is being done and can be done to relieve the plight of those living rough in rural areas, who so often seem to be forgotten.

[Lord Greenhalgh (Con)]

My Lords, I point out that in my noble friend’s constituency, the level of rough sleeping has dropped by 90%, which is one of the largest decreases in the country. On the rural figures, of course we work very carefully to ensure that the snapshot includes both rural and urban numbers. The regional figures would seem to indicate an across-the-board reduction in rough sleeping and, in particular, very steep reductions in some of our major cities.

Leaseholders: Properties with Cladding

Lord Randall of Uxbridge Excerpts

Thursday 7th January 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I am happy to report that I spent a considerable amount of time being briefed by Dean Buckner, who is at the heart of those proposals, the Leasehold Knowledge Partnership, and the APPG on Leasehold and Commonhold Reform. I can also say that Michael Wade has been asked by my right honourable friend to look into this matter. There was a huge amount of similarity in thinking on how to move forward. In fact, we learned a lot from the discussions. At the moment, I cannot say exactly what will be put forward. That matter is obviously above my pay grade, but we are getting there.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I draw attention to my property entries in the register. The Government have stated that they expect building owners to pay for the cost of remediation rather than passing it on to leaseholders. Despite that welcome aspiration, there is currently no compulsion for owners to cover these costs. Many are flatly refusing to take that responsibility. This has already resulted in bankruptcies and even suicides among leaseholders presented with enormous bills. What can the Government do to force building owners and the construction industry to do the right thing?

[Lord Greenhalgh (Con)]

My Lords, that is a very pertinent question and I thank my noble friend for raising it. There are ways to deal with that. Frankly, they have made large sums of money in the last few years and their profits are often publicly available. There is a soft power aspect: developers want to continue to build if they are in business, and they can afford £60,000 for a fire alarm and to pay for remediation costs. They do the right thing. We saw with the aluminium composite material programme that around half of building owners did the right thing and did not to have to resort to payment and subsidy by the taxpayer.