Planning and Infrastructure Bill

Debate between Lord Randall of Uxbridge and Baroness Freeman of Steventon
Baroness Freeman of Steventon Portrait Baroness Freeman of Steventon (CB)
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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 Portrait Lord Randall of Uxbridge (Con)
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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

Debate between Lord Randall of Uxbridge and Baroness Freeman of Steventon
Lord Randall of Uxbridge Portrait Lord Randall of Uxbridge (Con)
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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 Portrait Baroness Freeman of Steventon (CB)
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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.