Planning and Infrastructure Bill

Lord Ravensdale Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

Moved by

[Lord Ravensdale]

114: After Clause 52, insert the following new Clause—
“Duties in relation to mitigation of, and adaptation to, climate change in relation to planning(1) The Secretary of State must have special regard to the mitigation of, and adaptation to, climate change in preparing—(a) national policy, planning policy or advice relating to the development or use of land,(b) a national development management policy pursuant to section 38ZA of the Planning and Compulsory Purchase Act 2004.(2) A planning authority when exercising a relevant function under the planning Acts shall have special regard to the need to mitigate and adapt to climate change.(3) When making a planning decision relating to development arising from an application for planning permission, the making of a development order granting planning permission or an approval pursuant to a development order granting planning permission, a relevant planning authority (as defined in section 91 of the Levelling Up and Regeneration Act 2023) must have special regard to the mitigation of, and adaptation to, climate change.(4) For the purposes of interpretation of this section“the mitigation of climate change” includes the achievement of—(a) the target for 2050 set out in section 1 of the Climate Change Act 2008,(b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008, and(c) sections 1 to 3 of the Environment Act 2021 (environmental targets)(5) “adaptation to climate change” includes—(a) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and(b) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.”Member’s explanatory statement
This new Clause places a duty on the Secretary of State and relevant planning authorities respectively to have special regard to the mitigation of, and adaptation to, climate change with respect to national policy, local plan-making and planning decisions.

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[Lord Ravensdale (CB)]

My Lords, I thank my supporters on this amendment, the noble Lord, Lord Krebs, and the noble Baronesses, Lady Young of Old Scone and Lady Parminter. I also thank the Minister for all the engagement we have had on this issue between Committee and Report. I feel a slight sense of déjà vu bringing this amendment before the House, because it is very similar to one tabled to the then Levelling-up and Regeneration Bill a few years back. We have made some really good progress in the intervening period across both guidance and legislation. I will concentrate my remarks on some of the issues I have discussed with the Minister between Committee and Report. I think we and the Government agree on the general direction of travel; our differences may be in how this should be implemented.

I come back to the point raised by the Government that we now have guidance in the National Planning Policy Framework, which is really positive, that climate and nature should be considered within planning decisions. The difference between having the duty in the NPPF and having the special regard duty in statute is that, with the NPPF, a climate and nature duty is just one consideration among many others for decision-makers on the ground to take account of. It does not have any elevated weight within the planning system. This is quite analogous to issues I have talked about earlier in Committee around duties on regulators; at the moment, regulators do not have that specific strategic direction in line with the Government’s goals, which has led to some of the issues around consenting of large infra- structure, for example. Our duty, using that “special regard” wording, would effectively prioritise or upweight climate within the planning system, which would really make a difference in ensuring that it is adequately considered. That is the core of our difference with the Government. They need to consider how climate can be better embedded and have weight within the planning system.

The other area we have talked about is the concern around litigation and possible legal cases in the court because of an amendment such as this. Actually, since this amendment was first debated during the then Levelling-up and Regeneration Bill, around eight other legislative or regulatory frameworks—ranging from pension scheme trustees to financial regulators, NHS trusts, Ofgem, the Crown Estate, Great British Energy and Ofwat—now have climate and nature duties. As far as I am aware, that has not resulted in any legal cases. On the contrary, the feedback from organisations with these duties appears to demonstrate that they are effectively driving the decision-making and delivery of climate and nature-friendly policies and strategies in these institutions.

The amendment has been reviewed by planning and legal experts and has been derisked by using that well-established legal term “special regard”, which has been tried and tested in the courts over many years in relation to Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990. It also provides clarity. We have had a number of cases go through the courts that are stopping sustainable developments in the UK. It would go in the reverse direction and provide welcome clarity to the planning system. The amendment has had wide support, including from the Chartered Institute of Housing, Rights Community Action, UK100 and the Town and Country Planning Association.

We have a potential way forward here in that the National Planning Policy Framework, is being updated between now and the end of the year. There is a good opportunity here for the Government to consider the wording of the NPPF in the updates they are making. I have proposed some wording to the Minister for how the NPPF could be updated to go back to that point about adding weight to climate and environment within the planning system. If the Minister could consider those updates in the revision to the NPPF and meet me and other stakeholders after the passage of the Bill, that would be a good step forward and a good way to address the outcomes aimed at by this amendment.

In the final analysis, this is about letting local authorities get on with the job of building sustainable developments and infrastructure right across the country to support growth and support our climate and nature targets. I beg to move.

[Lord Blencathra (Con)]

My Lords, when I saw Amendments 206 and 114, I knew that I had to table my Amendment 121F, so that biodiversity was not forgotten again as all attention focused on climate change. I say again, and for the last time on this Bill, that with enormous political will and expenditure, it is possible to reverse climate change, but when a species is lost, it is gone forever.

Local authorities have no locus on climate change—no climate change laws apply to them—but they have many obligations under the Environment Act 2021 to save biodiversity. Therefore, I risk saying to the distinguished and noble Lords who have signed Amendment 114, and are far more expert on this matter than I am, that my amendment is more important than theirs.

Proposed new subsection (2) is, I would assert, rather vague. It states:

“A planning authority when exercising a relevant function under the planning Acts shall have special regard to the need to mitigate and adapt to climate change”.


I think the Government already have all the powers and housing regulations to impose standards on insulation, heat pumps and issues relating to net-zero targets. Indeed, a House of Commons 2023 report stated that the role of local authorities is already defined, namely:

“Implementing enforcing minimum energy efficiency standards for new builds … Delivering funding to retrofit existing homes and improve their energy efficiency … Shaping housing, infrastructure and renewable energy development in their area in their role as local planning authorities … Developing and delivering heat network connections … Encouraging active travel, decarbonising public transport and installing public chargepoints for electric vehicles”.


That is why I say that Amendment 114 is unnecessary.

Although there is only one target on climate change—net zero by 2050—the UK has 23 targets on halting and reversing biodiversity loss. They were published in March, as referred to in my amendment, in the policy paper Blueprint for Halting and Reversing Biodiversity Loss: the UK’s National Biodiversity Strategy and Action Plan for 2030, which is the UK plan to implement the Kunming-Montreal global biodiversity framework, agreed in 2022, in which the UK played a leading role and the Joint Nature Conservation Committee played a very important role.

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

My Lords, before I respond on this group of amendments, I convey my get-well wishes to my noble friend Lady Hayman of Ullock, who, as noble Lords will realise, very much hoped to be here with us today, but unfortunately is unwell. I know that she wanted to take part in today’s discussions. We all send her our very best wishes for a speedy recovery.

I am grateful to hear the passion around the Chamber on both climate change and biodiversity, and the healthy tension that seems to have arisen between the two in this morning’s discussion. The key issue is that they are, of course, interdependent, and we have to consider both.

I am grateful to the noble Lord, Lord Ravensdale, for his Amendment 114, which seeks to require the Secretary of State and relevant planning authorities to have special regard to climate change mitigation and adaptation in national planning policy, local plans and planning decisions. I am grateful to the noble Lord for his engagement on this subject and other matters concerning the Bill.

We support the principle that both central and local government should be held to a high standard of accountability in considering climate change throughout the planning system. Of course, I totally agree with the noble Lord, Lord Blencathra, that local government has a vital role in all this. However, as made clear in previous debates, planning policy and existing statutory requirements already cover much of the content of this amendment. For example, the Planning and Compulsory Purchase Act 2004 already requires local planning authorities to include in their local plans policies that contribute to climate change mitigation and adaptation. There is also a requirement in the Environment Act 2021 that environmental factors are considered in the planning system. It also includes the environmental principles duty, which applies to Ministers when making policy.

Furthermore, the Environment Agency produces the flood and coastal erosion risk management strategy, in line with the Flood and Water Management Act 2010, which all risk management authorities, such as district councils, lead local flood authorities and internal drainage boards, are required to act in accordance with.

The National Planning Policy Framework incorporates the principles of sustainable development, including climate change mitigation and adaptation. We have committed to consulting this year on a clearer set of national policies to support decision-making. This will fully recognise the importance of the issue, set out more explicit principles to be followed in the planning system and include further consideration of how the planning system can best address and respond to climate change adaptation and mitigation. I encourage the noble Lord to engage with this consultation when it is launched. The exact wording of these policies and how they interact with other policies in the NPPF will need to be subject to careful consideration, so it would not be appropriate to commit to a specific wording in advance of this or prior to the public consultation that needs to take place.

I understand the point made by the noble Lord, Lord Krebs, about overheating. As he will know, we always keep building regulations under review, but I will take his comments back to the team about what more we need to do to promote the issues around overheating and how we deal with it.

It is crucial that we address climate change in an effective way that avoids being unnecessarily disruptive or giving rise to excess litigation. A legal obligation to give special regard to climate change across the planning system risks opening many decisions to potential legal challenges, especially given how broad climate change is as a concept. I understand the noble Lord’s good intentions, but there is a very real risk that the potential for legal challenge opened by this amendment could impede the production of the policies and decision-making needed to tackle this important issue.

I should stress that, although planning policies do not at present carry specific legal weight in decision-making, this should not obscure the significant influence they carry in the operation of the planning system as important material considerations that must be taken into account where they are relevant. I have written to all noble Lords on this matter.

I am grateful to the noble Lord for his suggestions related to the NPPF, and I am happy to continue meeting him about that. Although we agree that climate change is an extremely serious matter in the context of planning, I hope your Lordships will agree that the approach I have set out is the more appropriate route to ensuring that this happens. For these reasons, I hope that the noble Lord, Lord Ravensdale, will feel able to withdraw his amendment.

Amendment 121F, tabled by noble Lord, Lord Blencathra, seeks to require the Secretary of State to consider the UK’s National Biodiversity Strategy and Action Plan for 2030 when preparing national planning policy. It also seeks to require relevant planning authorities to have special regard to the UK’s national biodiversity strategy and action plan for 2030. I welcome the principle of the amendment, as it seeks to embed the environment in planning policy. However, it is unnecessary because it duplicates existing legislation. When setting policy, Ministers must have due regard to the Environmental Principles Policy Statement. This applies to all new policy, including planning policy. It sets out a robust framework on how to embed environmental decision-making into policy-making.

Current national planning policy is clear that local development plans and individual planning decisions should contribute to and enhance the natural environment, including by protecting sites of biodiversity value. Individual planning applications are assessed against national policies to ensure that decisions are made considering the natural environment. For example, if significant harm to biodiversity resulting from a development cannot be avoided, mitigated or, as a last resort, compensated for, planning permission should be refused.

Where relevant, legislation such as the environmental impact assessment regulations and habitats regulations also applies, which ensures that the environmental impacts of individual planning applications are considered thoroughly before relevant planning authorities decide whether to grant consent. Local development plans themselves are subject to strategic environmental assessment under the Environmental Assessment of Plans and Programmes Regulations 2004, which require the likely significant effects of a plan or programme to be reported and include reference to biodiversity.

As the UK’s National Biodiversity Strategy and Action Plan for 2030 says, we have created

“powerful new tools such as Biodiversity Net Gain in England, a mandatory approach to development which makes sure that habitats for wildlife are left in a measurably better state than they were before the development”.

I therefore trust that the noble Lord, Lord Blencathra, agrees that existing legislation and policy is in place and this amendment is not needed. I ask him to consider not pressing his amendment.

Amendment 206, tabled by the noble Earl, Lord Russell, would require those performing functions under Part 3 to have regard to the Climate Change Act 2008. I recognise that the noble Earl is seeking to deepen engagement with the Climate Change Act but suggest that the existing approach in the Bill is sufficient to ensure that such matters are properly considered where appropriate.

Clause 88(3) already requires Natural England or the Secretary of State to have regard to relevant strategies and plans, which would include the Climate Change Act where it was relevant to an EDP. This ensures that the Climate Change Act is factored in where appropriate but avoids adding undue burden to the preparation of EDPs where it is not relevant. The noble Earl will be aware of the wider consideration of the Climate Change Act throughout the planning process, so I hope he understands why including explicit consideration in the EDP process in this way is not necessary. On that basis, I hope he feels able not to press his amendment.

[Lord Ravensdale (CB)]

My Lords, the noble Lord, Lord Blencathra, provided an excellent sum-up about climate change not being the only game in town. That is an important consideration, which is why I attempted in my Amendment 114 to join things up and include the Environment Act alongside climate change considerations. The noble Lord, Lord Krebs, also made an important point about systems join-up and said that we need to consider adaptation very strongly as well in how we take all this forward.

I listened very carefully to what the Minister had to say. She listed a number of other areas of legislation and guidance in which this issue is mentioned. But, of course, that is partly the point of this amendment—that it would provide a link-up between all the scattered mentions of climate and environment throughout the existing legislation and guidance.

I say to the noble Baroness, Lady Coffey, that the “special regard” wording has been well tested in respect of heritage buildings. I recognise that it is already reflected but I am trying to drive at the fact that it needs weight within the planning system.

I am encouraged by what the Minister had to say about the NPPF and the opportunity to engage with that process. On that basis, I beg leave to withdraw my amendment.

Amendment 114 withdrawn.