Planning and Infrastructure Bill

Debate between Lord Ravensdale and Earl Russell
Lord Ravensdale Portrait Lord Ravensdale (CB)
- Hansard - -

My Lords, I declare my interests as a chief engineer working for AtkinsRéalis and as a director of Peers for the Planet. I thank my supporters on Amendment 127, the noble Lords, Lord Krebs and Lord Hunt of Kings Heath. I am very pleased to bring back this amendment, which I originally raised as part of the Levelling-up and Regeneration Act a couple of years back. The reason I am pleased to bring it back is that it is a reminder that we have made a lot of progress in this area over the last couple of years. Noble Lords may remember the great progress we made following ping-pong on the then Levelling-up and Regeneration Bill, when we started that process of embedding net zero and climate into our planning system.

Since then, we have had the updates of the National Planning Policy Framework, again embedding climate further into the system, which is already good progress, but as Ministers and noble Lords like to say, there is always more to do. Despite this progress, it is vital that the Government go further, because Peers from all parties across the House have worked extremely hard in recent years to embed our climate and nature goals across a range of sectors and regulatory regimes. That includes the health service, in the Health and Care Act 2022; our skills framework, in the IfATE Bill; Ofwat; the Crown Estate; and Ofgem, in the Energy Act 2022. It is vital that we take those same steps for our planning system, embedding this in statute, not only to help the Government deliver on their overarching climate and environmental goals but to support the 2030 electricity system targets and the target to build 1.5 million homes.

It is particularly important in planning, and the reason is that there are so many different issues to contend with when decision-makers are considering a planning application. Part of the problem is that lack of strategic guidance and direction on which factors are important; that is partly what is leading to paralysis in our planning system. In recent years, we have had legal challenges which have actually delayed sustainable homes being built for years—for example, the Salt Cross development in Oxfordshire—and we have had pushback on solar farms and other aspects of our electricity grid because of a lack of clarity in the planning system.

I am sure that when the Minister responds, she will come back to the NPPF, as I mentioned earlier, but many noble Lords have set out today in previous groups the limitations of relying on the NPPF. For example, the noble Baroness, Lady Willis, said that the guidance that has been there on green spaces for many years has just not delivered.

We really need the strength of a statutory duty in this area, because guidance in the NPPF is not future-proofed. It is only guidance and does not refer to our targets. It is also worth saying that, in the way we have structured the amendments, it is a statutory duty but it is worded around “special regard”, which is a well-tested legislative approach. It is not saying the environment must be considered, because there may be other material considerations that, on balance, override that, but it is saying that it should carry weight within the planning system. This perspective is fully supported by the recent Corry review undertaken for Defra, which says that Defra

“needs to find a way of ensuring clarity, from a spatial perspective, for how the multitude of nature and planning strategies come together in a way which local authorities and combined authorities can understand and deliver, in partnership with regulators”.

The duty would provide exactly that: a golden thread running through the whole town and country planning system to ensure that it delivers for our national goals. We heard earlier in the debate about the future homes standard, which is coming up in the autumn. This duty would complement and work with that future homes standard to make sure that our targets are delivered.

It is this simplification and clarity that is going to help the Government in their target to build those 1.5 million new homes. The House of Lords Built Environment Committee in 2022 stated:

“Local plans are currently too complex and detailed, which results in delays. Alongside introducing time limits on plan-making processes, the Government should produce standardised definitions and simplified guidance for local planning authorities. Simplification will also aid community engagement with local plans”.


Ultimately, that is helping local authorities and local areas deliver. It is all about the devolution of power because in many areas local authorities want to play their part, but they are being blocked—fundamentally because there is little integration and join up at a local level, whether that is local area energy planning, rollout or clarity in our planning system. This leads to an inconsistent approach—a patchwork quilt of responses across the many local authorities in terms of their approach to the environment and net zero. Again, a thread throughout the system would help fix that.

To summarise, this amendment would have important practical effect through ensuring that the town and country planning system delivers against the UK’s strategic objectives: 1.5 million homes that are fit for the future, unblocking and simplifying the system and, critically, giving local authorities the power to play their part, working in concert with the future home standard. Rather than the current piecemeal mentions of climate change and planning policy scattered through the legislation and the NPPF, there is a fantastic opportunity here for the Government to update the Bill to fully embed these targets within statutes and ensure that there is a coherent thread running through the whole planning system.

I have added my name to Amendment 180 in the name of the noble Baroness, Lady Bennett. For me, this is just another case in which there is work being done within industry, but we need a central function to co-ordinate these efforts and bring that consistency to reporting. However, I will not say any more at this stage.

Earl Russell Portrait Earl Russell (LD)
- Hansard - - - Excerpts

My Lords, my Amendments 145B and 216 on overheating and climate change are in this group. This is an important group, and we generally support all the amendments that have been put forward.

We have just had the warmest summer on record—the warmest since 1884. Summer temperatures were 1.51 degrees above the long-term meteorological average and all five of the hottest summers have been since 2000. A summer as warm as the one we have just had is now 70 times more likely due to climate change. Obviously, continuous exposure to heat is a slow-motion killer and it is bad for our population. Our homes are not built—or fit—for the future, which is here now.

Buildings are responsible for over 40% of the energy demand in the UK. Some 80% of the buildings that will be occupied in 2050 have already undergone construction. Therefore, we must do more—all of us—to ensure that the homes we build and plan today are fit for the future. My Amendment 145B asks that, where a spatial development strategy includes provisions relating to housing, it also includes provisions for housing to meet recognised high efficiency and climate resilient standards, including but not limited to Passivhaus standards. This is with a view to reducing energy consumption, improving temperature controls and ventilations, particularly in response to extreme heat and contributing to our regional climate change mitigation and adaption objectives.

We have to do more. The Climate Change Committee has also been clear on these points. The UK will not meet its emission targets

“without near-complete decarbonisation of the housing stock”.

The houses we build are places of shelter. They need to provide long-term security, affordability, to be resilient and to cope in the warming climate. This is about asking simple questions about the houses we are building. Are they fit for the future?

Each new home that we build without proper standards leads to higher emissions, higher heating costs and greater vulnerability for those that live within them. Conversely, if we build to high efficiency standards, we can curb our emissions, reduce future retrofitting costs, protect families from the risk of heatwaves and reduce their energy bills.

The amendment refers to standards, particularly Passivhaus, but it allows flexibility; it is not restrictive, and it is not telling local authorities what they have to do, but it is for them to have regard to these things. Therefore, it is not prescriptive. We believe that is a good way of doing these things. It can save people money and give them a better quality of life. We think that this is a good amendment.

Amendment 216 proposes that every new home built in the country should meet a net-zero carbon building standard and be equipped with solar-powered generation as standard. I thank the noble Baronesses, Lady Young of Old Scone and Lady Jones of Moulsecoomb, and the noble Lord, Lord Grantchester, for adding their names. This not a radical measure; this is a reasoned, practical response, designed to support government policies which are either in development or are being developed but have not fully been put forward. Obviously, it covers exactly the same points. As we know, retrofitting is five times more expensive, which is just too expensive. We do not have the time, and we cannot afford to wait.

I acknowledge and thank the Labour Party for the work it is doing in this space. We look forward to the future homes standard and welcome the moves the Government are making on installing rooftop solar. There are various different strands and elements of policy that all need to come together. There is a warm homes plan, the overheating requirement that the Minister has referred to as well, and general building regulatory reforms around zero-carbon buildings. But a lot of these measures are either not here or not strictly laid down in planning law with the certainty that my amendment has.

While I welcome the measure the Government are taking, and I know there will be policies published in the autumn, I want to push the Government as to whether, when those policies come forward, they will have the level of certainty to meet the actions we need. My amendment hopes to solidify and support the work that the Government themselves are actively doing, and to strengthen some of those measures. My question to the Government is: if you are not supporting my measures, what certainty can you give us around the weight the measures you will put forward will have in law?

I give my support to Amendment 127, so ably spoken to by the noble Lord, Lord Ravensdale, and supported by the noble Lords, Lord Hunt of Kings Heath, Lord Krebs and Lord Grantchester. I will not speak to it for too long, but this is an essential amendment. As the noble Lord said, it puts a golden thread through this stuff. “Have regard to” is good wording. This stuff needs to happen. All too often, these issues are ignored or set aside and do not have the clear weight within planning law that they need to. Therefore, we welcome this amendment. This needs to change and it is a sensible and well-reasoned amendment.

I am in favour of Amendment 180, tabled by the noble Baroness, Lady Bennett of Manor Castle, which would introduce a carbon assessment, as required for larger developments. We are no longer blind to one of the most significant drivers of climate emissions. The construction sector is responsible for a quarter of the UK’s carbon footprint and that is set to rise. These emissions remain largely invisible within the planning system, and we need a proper system to take better account of them and to regulate them, so we also support this as a sensible amendment.

Earl Russell Portrait Earl Russell (LD)
- Hansard - - - Excerpts

My Lords, I open this group of amendments, which are all on local energy plans; my amendment proposes to insert a crucial new clause after Clause 28 of the Bill. It would mandate that all local authorities and combined authorities must create a local area energy plan.

Considering the late hour, I will give a slightly condensed version of my original speech. I also express my strong support for the other amendment in this group, Amendment 177, tabled by the noble Lord, Lord Ravensdale, and supported by the noble Lord, Lord Hunt. This amendment would require the Secretary of State to publish vital guidance for local authorities on local area energy plans within 12 months of the Act being passed. To my mind, that is almost like the flipside of the same coin to what I am asking. The amendment that I have tabled and this amendment would work well together, complement each other and make each stronger than they would be without the other. From my point of view, it would be good if it was possible to progress both of the amendments in this group.

I do not really want to go into too much detail. Everybody knows what local area energy plans are. They are vital to devolving these tasks down to local authorities, including local people. They work really well; they are powerful. It is really good that we speak to and include local people and that they have a say, and it is good that we take account of local peoples’ needs and what is happening in local areas. It is good that we do this level of granular work on the ground and talk to local people. These plans are happening in some places: obviously in Wales, and there are some other places where councils are voluntarily doing these things, whether that is in London or other metropolitan authorities.

What does not exist in legislation is a mandated requirement for these things to be done or a mandated support to help local authorities to do these things. Were that to happen, it would help this Government to meet their environment and climate change targets. Frankly, I do not know how we got to where we are without having it in this Bill. I wonder whether that is purely just an oversight.

From my point of view, I stand ready to work with the Minister alongside the noble Lord, Lord Ravensdale. We would like to include this in the Bill. We feel that this would fit within the Bill, help to deliver targets, help us to get to where we need to be and help to empower our local authorities. I will leave it at that considering the late hour that we are sitting, but I genuinely think that this would help all round. I beg to move.

Lord Ravensdale Portrait Lord Ravensdale (CB)
- View Speech - Hansard - -

My Lords, I speak to Amendment 177 in my name and declare my interests as a chief engineer working for AtkinsRéalis and as a director of Peers for the Planet. I thank the noble Lord, Lord Hunt, for his support for the amendment.

I start by saying that I completely agree with what the noble Earl, Lord Russell, just said. I view these amendments as very complementary in terms of local area energy planning. This has to be a staged approach. We first need that guidance set out for local authorities, so that we have a consistent approach to planning but, ultimately, we need a funded programme with funding available to local authorities to enable them to undertake these plans and get to the place where we need to be with the noble Earl’s amendment. Therefore, they are very complementary in that sense.

To add to what the noble Earl, Lord Russell, said, I put this amendment forward to the then Energy Bill a couple of years ago. It is worth reflecting on what we have seen so far in terms of the energy transition, which is a very top-down driven approach. However, we have seen some really good progress since the Energy Act. We have had the formation of the National Energy System Operator, the NESO. We have started to see that thinking about flow-down to regions and local areas, with the formation of the regional energy strategic planner role, the RESP.

However, there is a missing piece of the puzzle in terms of the flow-down to local areas: the bottom tier, which is what the local area energy plan fulfils. In terms of spearheading the transition, it is really important that we get this joined-up view of the governance system and that we have some guidance for local area energy plans. As the Minister knows, this is not a conceptual approach—it is a well-tested road. In fact, since the end of last year, these have now been rolled out and completed for all 22 Welsh councils. There is a funded programme, a technical adviser to ensure coherence in the Energy Systems Catapult and there is that guidance to ensure a systems approach. Now that they have that basis, there is then flow-up to their own national plan as well, which offers great benefits.

This amendment would put a duty on the Secretary of State to publish guidance for local authorities on local area energy planning and to clarify some of the criteria that should be included with any guidance. This is based on the Energy Systems Catapult guidance and includes how local area energy plans can contribute to meeting our net-zero environmental and adaptation targets.

I will briefly illustrate one of the reasons we need this. The pilots undertaken in the UK, in Newcastle, Bridgend and Bury in Manchester, divided each area into zones suitable for different types of heating technologies. The balance of technologies across the three areas shows how different areas can be. In Newcastle, the plan found that roughly half the homes could be heated by a heat network, in Bury it was less than 30% and in Bridgend it was 15%. In Bridgend, a far higher proportion of homes would need to be heated with high-temperature heat pumps to save on the extra expense of retrofitting insulation in its poorer-quality housing stock.