Planning and Infrastructure Bill

Debate between Lord Ravensdale and Baroness Taylor of Stevenage

Report stage
Wednesday 29th October 2025 Lords Chamber

[Lord Ravensdale (CB)]

My Lords, I will speak to my Amendments 207, 220 and 230, which are all linked. I am grateful to the noble Lord, Lord Roborough, for supporting them. I am also grateful for all the constructive engagement I have had with the Minister and her teams between Committee and Report. I am sorry that the noble Baroness, Lady Hayman, cannot be here this evening and wish her a speedy recovery.

I reflected on the Committee debate which highlighted the contentious nature of these amendments. Of course, noble Lords are concerned about rolling back protections for nature for infrastructure build, and the delays we have seen to large infrastructure in the UK are a multifaceted problem, but we cannot get away or escape from the fact that poor interpretation of environmental regulations is causing excessive cost and multiyear delays to many of our large infrastructure projects. The evidence here is clear—I will not go through the examples again that I cited in Committee.

The root cause of the delays to many of our offshore wind and nuclear programmes, and the other examples that I cited, and their excessive costs, comes down to an overzealous interpretation of the habitats regulations. Ironically, those regulations are causing long delays to much of our net-zero infrastructure and much else besides. They are impacting our national security, because energy security is national security.

My amendments offer a way through that, while maintaining protections for nature, by attempting to take the regulations back to their original intent by reversing case law and clarifying interpretation of existing law. These changes would move the dial significantly by ensuring that regulators are guided towards a more sensible and proportionate interpretation of the regulations and compensation, streamlining the programme for getting infrastructure through the system.

Finally, these points relate to a substantive proposal that the Minister has offered related to these amendments, so I look forward to hearing her proposal in detail when she sums up.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I should be clear at the outset that the amendments in this group seek to amend substantively the habitats regulations beyond the context of EDPs and the nature restoration fund, and beyond the current focus of the Bill. I am aware that these amendments, and the desire to make changes to the wider system of the habitats regulations, stem in part from a concern that the NRF will not deliver for infrastructure projects. I want to be very clear that this is not the case. We are all well aware of cases where vital infrastructure has been held up by specific environmental issues. We are currently identifying opportunities where EDPs and the NRF can have the greatest impact on infrastructure delivery, particularly addressing common challenges that are currently difficult for developers to resolve alone.

I stress that the Government are already taking action. We believe that the habitats regulations assessment process should be applied appropriately and proportionately, with decisions based on the best available scientific evidence. The Government are working closely with stakeholders to improve the functioning of the habitats regulations, including by acting on the recommendations of the Corry review and the post-implementation review of the habitats regulations.

We know that there are particular issues with the delivery of suitable environmental compensatory measures for offshore wind projects. The consultation, which closed in September, covered proposed reforms to deliver a more flexible approach to this. We will make it clear in guidance that only relevant information needs to be considered in reaching conclusions on the risks to a protected site. The updated guidance will also make it clear that small effects that do not have any prospect of risking harm to a protected site can and should be screened out.

Finally, we will take the opportunity to set out more clearly where there is already flexibility in law in considering appropriate compensatory measures under Regulation 68 of the habitats regulations. Should guidance not be sufficient to make clear how the regulations should be applied, we may consider whether legislative change is needed, in careful consultation with developers, planners, ecologists and other relevant stakeholders. On that basis, I hope that noble Lords will not press their amendments.

[Lord Ravensdale (CB)]

Before the Minister sits down, I very much welcome her commitment to address the points raised in the amendment through guidance and her recognition that legislation will be required. I look forward to working with the Minister and her team on that. Nevertheless, I stress the urgency of bringing forward guidance quickly in this area, due to the delays we are seeing. Can she offer any more information on the timescales for the issuing and release of that guidance?

[Baroness Taylor of Stevenage (Lab)]

I understand the point the noble Lord is making. I will take the subject back and discuss it with the teams in Defra and my own department, and then write to him, if that would be helpful. I am loath to make a time commitment from the Dispatch Box without doing that first.

Turning to Amendment 202, as previously noted I share the ambition of the noble Lord, Lord Offord, and the noble Baroness, Lady Bloomfield, to support new nuclear development, which will be critical for economic growth and achieving our clean energy mission. However, providing the Secretary of State the ability to completely exempt nuclear power stations producing more than 500 megawatts from requirements in respect to the habitats regulations, environmental impact assessments and any future environmental delivery plans would create uncertainty for developers and erode public support for such projects. These are important tools for making sure that the environmental impacts of projects are considered. The environmental protections they contain relate not only to nature but to the broader community impacts. This blunt approach to disregarding these obligations would put decision-makers at a disadvantage and prevent developers taking important steps to address the environmental impact of the development.

I agree with the noble Lord and the noble Baroness; we need to do more to reform the planning system to accelerate nuclear development in this country. We are in the final stages of designating a new national policy statement for nuclear energy generation, EN-7. That will provide a robust and flexible framework for new nuclear developers seeking development consent and, alongside the Overarching National Policy Statement for Energy (EN-1), will provide the Secretary of State with some discretion when considering habitats regulations and the environmental impact assessment during decision-making by defining low-carbon energy infrastructure, including nuclear, as a critical national priority. We are also awaiting the final recommendations of the Nuclear Regulatory Taskforce.

I hope, following my explanation, that the noble Baroness, Lady Bloomfield, will feel able to withdraw Amendment 202.

Planning and Infrastructure Bill

Debate between Lord Ravensdale and Baroness Taylor of Stevenage

Report stage
Wednesday 29th October 2025 Lords Chamber

[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.

Planning and Infrastructure Bill

Debate between Lord Ravensdale and Baroness Taylor of Stevenage

Report stage
Monday 20th October 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Ravensdale, for meeting me during recess to discuss this. His Amendment 20A seeks to ensure that, in relation to NSIP for low-carbon energy, relevant authorities should have special regard to the achievement of Government’s environmental targets and sustainable development.

The amendment is similar to one debated in Committee. It refers specifically to compliance by the Secretary of State with carbon targets and budgeting and adapting to current or predicted climate change impacts under the Climate Change Act 2008, the achievement of biodiversity targets under the Environment Act 2021, and achieving sustainable development.

As the Government made clear in Committee, we recognise the importance of this issue, but we do not believe that the amendment is necessary. It is vital that we move forward and deliver the critical infrastructure we need, not least to cut greenhouse gas emissions to net zero by 2050. The Bill will deliver a win-win for growth and nature. Developments such as clean energy infrastructure are key to tackling the climate crisis and supporting nature recovery. The Government also appreciate the important role that these bodies play in the planning system. That is why we have taken action in response to the Corry review to ensure that these bodies are joined up and aligned with the Government’s broader priorities. I will say a bit more about that in a moment.

As I did in Committee, I reassure noble Lords that the Government are already utilising the tools they have to guide the considerations given by public bodies in their engagement with the development consent order process. The first of these relates to national policy. The energy national policy statements already take full account of the Government’s wider objectives for energy infrastructure to contribute to the achievement of sustainable development, and to ensure that the UK can meet its decarbonisation targets. We are also strengthening national policy statements through this Bill by requiring that they are updated at least every five years, and by making it easier to undertake interim updates for certain types of material amendments. The Government have recently concluded consultation on drafts of EN-1, EN-3 and EN-5, which will be updated to reflect the Clean Power 2030 Action Plan.

The second relates to guidance. It is critical that public bodies engage fully in examinations so that the examining authority has access to their expertise and can properly scrutinise the application before reporting to the Secretary of State. Through the Bill, the Government are introducing a new duty on public bodies to have regard to any guidance published by the Secretary of State in making representations as part of examinations. This guidance will support government objectives by ensuring that these bodies engage effectively in the process and can provide the right information in a timely way.

We are currently consulting on reforms across the NSIP system to streamline the process. As well as consulting on what pre-application guidance to applicants should contain, we are seeking views on whether to strengthen expectations that statutory bodies attend hearings in person where relevant. As we then review and develop guidance on all aspects of the NSIP process, we will consider how this, alongside government policy in national policy statements, can support the intent of the amendment.

As I have made clear today, the guidance the Government will issue to statutory bodies about their role in the NSIP process will play a vital role, I hope, in addressing noble Lords’ concerns. The Government are clearly in the process of developing policies to update, streamline and rationalise the operation of these bodies and that of regulators and their role in the operation of the planning system, in response to both the Corry and the Cunliffe reviews. My colleagues would welcome further engagement with the noble Lord, Lord Ravensdale, and others in the House who have a particular interest in this area, as we undertake the important work.

Complex projects engage multiple regimes, and I understand that they find themselves batted backwards and forwards between Defra regulators. So we are piloting a lead environmental regulator model to provide a single point of contact for developers on the most complex schemes. We have already made a start, working with the Lower Thames Crossing on this.

The noble Lord, Lord Ravensdale, asked about the timescale for releasing strategic policy statements for Defra regulators in response to the Corry review. This is one of nine fast-tracked recommendations—and I mean fast-tracked. We will communicate on this very soon—I say to the noble Lord, Lord Deben, that I am sorry to use that term—and, when I say “very soon”, I am talking about days, not weeks or months; I hope that gives him some guidance. As the noble Lord knows, the Secretary of State must have regard to matters that are relevant and important to decisions. For all those reasons, I hope the noble Lord is reassured and will withdraw this amendment.

[Lord Ravensdale (CB)]

My Lords, I thank the Minister for those remarks. I am reassured by what she said on timescales and the work that is being undertaken on the NSIP process and the guidance that will come out of that. I would certainly welcome the opportunity to work with her and her team on that guidance. There is more work to do here. The key is ensuring coherence, as the noble Lord, Lord Deben, said. But I am encouraged by the progress and, with that, I beg leave to withdraw my amendment.

Planning and Infrastructure Bill

Debate between Lord Ravensdale and Baroness Taylor of Stevenage

Committee stage
Thursday 17th July 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I apologise. I took the liberty of popping out of the Chamber for five minutes. We will reply on that.

Amendment 46A, tabled by the noble Baroness, Lady Coffey, and supported by the noble Baroness, Lady Bennett, seeks to ensure that when determining whether planning consent should be granted for a nationally significant infrastructure project, the Secretary of State must take into account any environmental delivery plan applying to the land that will be developed. The Committee will be scrutinising Part 3 of the Bill in a later sitting. I look forward to that, but I am happy to speak to this amendment today.

The Planning and Infrastructure Bill creates a new type of plan: an environmental delivery plan—EDP. Within an area defined in an EDP, Natural England will identify the impact that relevant development is expected to have on a defined environmental feature or features. These can be features of protected sites or a protected species. Natural England will then set out a package of conservation measures that will outweigh the impacts of the development on the relevant environmental feature.

This process for developing EDPs and the wider set of safeguards across the NRF will be subject to further discussion under Part 3. However, in respect of this amendment, the crucial point is that once an EDP is approved by the Secretary of State that covers development of the type in question and in the location in question, developers will be able to make a payment through the nature restoration levy, which would discharge the relevant environmental obligation being addressed through the EDP. Where a developer chooses not to utilise an EDP, they will need to address these environmental obligations under the existing system. As a decision for the developer, it would not be necessary to require the Secretary of State, when considering a development consent order, to have regard to an EDP that the developer might choose not to use. In these circumstances, the decision would need to consider whether the application was in line with existing environmental obligations.

Further to this, mandating that the Secretary of State takes account of an EDP removes flexibility for the developer on how to discharge environmental obligations. This could impact on the viability of a scheme and would undermine the Government’s commitment to decide 150 infrastructure planning consents during this Parliament, as well as wider growth objectives. I appreciate that there are still some questions in there about how EDPs will work, but that is not the subject of today’s discussion—we will cover that under Part 3.

Furthermore, while the content of an EDP is not intended to be relevant to the planning merits of a determination, if the Secretary of State determines that an applicable EDP is material, they can have regard to it. That is already the case: under Section 104(2)(d) of the Planning Act 2008, the Secretary of State must have regard to any other matters which they think are both important and relevant to their decision. This could include any relevant EDP. I hope that that reassures the noble Baroness, Lady Coffey.

[Lord Ravensdale (CB)]

My Lords, I thank the Minister very much for that response. I will address some of the questions that noble Lords raised. I take the point made by the noble Lord, Lord Jameson, about sustainable development, but he mentioned the specific list of bodies. When we started out with this amendment, we had a long list of bodies and agencies that would be considered within the amendment, but we were informed by the Public Bill Office that that would present hybridity concerns, which is why we limited it to the subset that noble Lords can see in the amendment today. The reason we have gone with those is that most of the issues we have had with regulation of large infrastructure have been to do with the Environment Agency and the statutory nature of conservation bodies, but we have given that power for other bodies to be prescribed in regulations by the Secretary of State.

As I said, I thank the Minister. I am very encouraged by what she said. I note that she talked about the strategic priority statements in terms of duties on regulators, but I would note the strength of a statutory duty, which I think is quite important here in pinning down the objectives of regulators. There will be a lot of benefit in doing that within statutes. I look forward to seeing that in further detail, and I would welcome further engagement with the Minister on this point between now and Report. But, for now, I beg leave to withdraw my amendment.

Housing: Permitted Development Rights

Debate between Lord Ravensdale and Baroness Taylor of Stevenage

Wednesday 18th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I take the noble Baroness’s point; we need to keep this continually under review. Some of the permitted development homes have been of fair quality and have provided homes for people. But we need to continue to press that all new homes delivered through permitted development rights must provide adequate light, meet nationally described space standards and be decent, fit and safe for the people who live in them. We will continue to do that. Where there are bigger schemes, equally, they must meet those requirements.

[Lord Ravensdale (CB)]

My Lords, I declare my interest as listed in the register. Running through the creation of additional housing are upcoming policy decisions on regulating embodied carbon. Can the Minister update the House on the research under way in her department, when it will report and when the associated consultation will be published?

[Baroness Taylor of Stevenage (Lab)]

I am grateful to the noble Lord, and for his time in meeting with me to discuss embodied carbon. We have been talking to the construction industry and to developers across the board, and there are some complex issues involved. I know the noble Lord is doing work with stakeholders as well, and I look forward to working with him further in the new year. I believe we have a meeting scheduled for early in 2025 to discuss this further.

Planning Reforms: Net-zero Carbon Emissions

Debate between Lord Ravensdale and Baroness Taylor of Stevenage

Tuesday 3rd December 2024 Lords Chamber

[Lord Ravensdale (CB)]

My Lords, I declare my interests as listed in the register. A Written Ministerial Statement from December last year is preventing a number of sustainable developments from being built across the UK, including Salt Cross in Oxfordshire, because it is constraining local authorities’ efforts to build houses that go beyond current building energy-efficiency regs. Can the Minister say what plans the Government have to revoke that Written Ministerial Statement and allow these developments to go ahead?

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord, and I will take back the point on the Written Ministerial Statement, but plan makers’ powers have not been restricted. The Planning and Energy Act 2008 permits plan makers to set at the local level energy efficiency standards which go beyond national building regulation standards, provided that they do so in a manner consistent with national policy.