Planning and Infrastructure Bill

Lord Teverson Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

In conclusion, I reiterate my support for the other amendments in this group, all of which have the same sentiments at heart, but I single out Amendment 138B in the name of the noble Baroness, Lady Willis, which is complementary to Amendment 206. Amendment 138B is intended to achieve the same thing as Amendment 206, but this time for strategic development plans—Amendment 206 refers only to development corporations. I hope the Minister has taken on board the strength of feeling across the Committee on this set of amendments and will respond accordingly.

[Lord Teverson (LD)]

My Lords, I want to make two brief points. I was delighted to add my name to the amendment in the name of the noble Lord, Lord Gascoigne, because it includes community gardens and allotments.

My first point is that I agree about allotments. Down in Cornwall, I have been involved in growing schemes, in which communities come together on common ground to produce mainly vegetables and sell the surplus to the local community. These are fantastic schemes which are very sociable and bring people together. One of our objectives in the far south-west was to allow every community to have access to a growing scheme, so that is moving on, if you like, one stage further from allotments.

My second brief point is again a reflection from the far south-west. There is somehow often an assumption that people in rural towns have easy access to green and blue spaces. If that is true anywhere, it would be in Cornwall. Believe me, I am never more surprised than when I find out that families in what we might describe as low-income, deprived areas do not get outside major town boundaries, and so areas of green space within all urban areas are incredibly important.

I hope the Minister will take note of both those observations.

[Lord Lucas (Con)]

I very much support the amendments in this group. I am lucky enough to live in Eastbourne, where Mary Ann Gilbert started a branch of the allotment movement in 1830. I think we have more allotments per head than any other town, and there is still a three-year waiting list. These things need planning in, and that is why I support these amendments. You cannot rely on random happenstance or a generous builder to do it; it has to be part of the way we see and develop our towns and cities, particularly if we are going in for new towns.

This is enormously important for nature. People’s experience of nature is what happens around their homes. If there is not much nature there, they do not grow up with a love for or an interest in it. If they do not grow up with a love for or an interest in it, they end up not wanting to pay for it and are happy to trample on it if there is some supposed benefit of that for humans. Building in a real understanding of nature begins with the design of our towns. That is why these amendments are so important.

Planning and Infrastructure Bill

Lord Teverson Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

Moved by

[Lord Teverson]

131: After Clause 51, insert the following new Clause—
“Enforcement of planning decisions(1) A local planning authority when exercising a relevant function under the Planning Acts shall have a duty to—(a) enforce planning conditions, and(b) enforce the removal of any structure that has not received planning permission.(2) At the discretion of the local planning authority, minor infringements may be excepted from the duty to enforce.(3) Minor infringements under subsection (2) may not include any environmental, climate or nature-related conditions.(4) The costs of enforcement by a local planning authority shall be recovered by the application of a penalty payment regime.(5) The Secretary of State must, after consultation with local planning authorities, lay down a schedule of penalty charges.(6) The schedule under subsection (5) must—(a) reflect the full costs of enforcement by a local planning authority, and(b) be reviewed annually to reflect changes in costs.(7) The Secretary of State must lay down a schedule giving examples of what might be deemed as a minor infringement under subsection (2).”

[Lord Teverson (LD)]

I remind the Committee that I am chair of the Cornwall & Isles of Scilly Local Nature Partnership, but I am also a director of Wessex Development and Investments Limited, a development company, so I am on both sides of planning and nature issues.

This is a probing amendment but quite a specific one. It comes on to the area of planning enforcement. Generally, the planning system is meant to be a permissive one; unless there is good reason to stop development, it should happen. Paragraph 60 of the National Planning Policy Framework states that the planning system is discretionary and proportionate, but it also makes the point that enforcement of the planning system is there to maintain public confidence. It is that area that I want to concentrate on this evening.

We will all know of residents who are concerned that people move ahead with developments that are wrong, without planning permission. They feel that those individuals are cheating the system and moving ahead of other people who are trying to go through a system legally and properly. That can cause a great deal of discontent. At the moment, planning enforcement is not a duty of local authorities. When I have talked about this area with local authorities, they have made it very clear that they are not funded to enforce, so it is not an area always given a great deal of emphasis because there is no return.

One area that I came across with one of my own principal local authorities is that, with regard to environmental conditions on planning, the track record was that 40% of those environmental conditions were never actually implemented over quite a long period of time. That is why, in this amendment, I have stressed environmental, climate and nature conditions on planning that are widely ignored in development and, because they are relatively minor on individual cases, are not enforced. However, on a broader scale, because that is the case, they are a major threat to biodiversity and net gain in nature and all the things that we need to do to more forward the environment and climate agenda. As we all know, with the built environment, if we do not get it right to begin with then that is a problem for the length and total age of the building.

I am trying to find out from the Government how we get out of this issue. On the whole, local authorities do not want to enforce. I am clear that, on other things, such as minor infringements that are not to do with nature, we do not want a system that looks like a police state, but we have the balance wrong at the moment, particularly around planning conditions that seem minor but are important on a macro scale. That is my question for the Minister: how do we get out of this? I believe that there is a way forward on this if we can reflect the costs on people who do not comply with planning, if those particular issues then have to be enforced. I beg to move.

[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

Before we proceed, the Government Whip will make a brief statement about the progress of business.

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[Lord Wilson of Sedgefield (Lab)]

I could write to the noble Lord on that specific point. But it seems to me that the principle is well established among planning officers and putting it on a statutory footing will not speed up the decision-making. Similarly, we are not convinced that we need a review on this matter. We, of course, are always looking at opportunities to improve the planning system and if there is evidence that supplementary consents like reserved matter approvals were unnecessarily revisiting matters, we would want to take action, but we do not think a review would be proportionate.

Finally, Amendment 185SE seeks to ensure that changes required to extant planning permissions to comply with changes in legislation would benefit from automatic planning permission. I can say we share a common goal, which is to ensure that developments are not delayed by new legislative requirements. When the Government introduce changes to planning legislation, they are usually not applied retrospectively to avoid the uncertainty this would cause, but we recognise that changes to other regulatory regimes, such as building regulations, can impact on approved development and this may require subsequent amendments to the planning permission which can be frustrating for developers. However, we do not think this amendment provides a solution. It is too broad, and some regulatory changes can have a material impact on approved development which warrant further consideration from a planning perspective.

Instead, we are keen to ensure that, when new legislation is developed which could impact on development, the consequences for planning are recognised and minimised. There are already a number of mechanisms available within the planning system which allow changes to planning permissions in a proportionate way, such as light-touch applications for non-material amendments under Section 96A of the Town and Country Planning Act 1990, and we are keen to see these mechanisms being used to address the consequences of any wider regulatory changes on approved development. For these reasons, I hope that the noble Lord will beg leave to withdraw his amendment.

[Lord Teverson (LD)]

My Lords, I will be very brief. To be honest, the enforcement regime is not the right balance at the moment that the Minister suggested. I think there is a real concern about the confidence that those that receive planning permissions apply them properly, and that those who do not feel that they are under pressure from enforcement when those issues come up.

The other issue is that, clearly, even it is not a duty, the principle that the offender should pay for the cost for enforcement, is one that the Treasury and department should find a way forward on and maybe solve it on that basis. In the meantime, I beg leave to withdraw my amendment.

Amendment 131 withdrawn.

Planning and Infrastructure Bill

Lord Teverson Excerpts

Committee stage
Thursday 4th September 2025 Lords Chamber

[Baroness Laing of Elderslie (Con)]

My Lords, it is interesting to hear what the noble Baroness has just said. Of course, I am sure we must all agree with her about the inappropriateness of hotels for asylum seekers to use as long-term accommodation. I am sure there is widespread agreement on that, but she seems to be ignoring the fact that this amendment clarifies, as the noble Lord, Lord Banner, most carefully and accurately explained, a degree of uncertainty in the current law that is causing considerable difficulties.

I must not pretend that I am not talking about Epping and I suppose I have to declare an interest because I live very close to the Bell Hotel and I represented the constituency in the other place for 27 years. I can tell the noble Baroness who has just spoken that the opinions and feelings of local people are important in planning decisions. The noble Baroness who has proposed Amendment 135HZB is trying to clarify the situation so that we do not have future situations like the one that has developed in the small town of Epping, where people are coming from all over the country every Thursday and Sunday to make their voices heard in a way that is inappropriate and unsuitable. When a situation such as that develops, it is incumbent on the Government of the day and the legislature to take action to try to make sure that it does not happen in future and to learn from the facts unfolding before us right now in real time.

The noble Baroness has brought forward this amendment and my noble friends have brought forward other amendments in this group to try to help the Government to clarify the situation. I sincerely hope that the Minister will look at this group in that light and that, rather than just sticking to the brief, which is “Do not accept any amendments”, she will be able to consider that the world changes all the time and that, in recent times, the world has changed as far as the way in which we look after asylum seekers is concerned, because there are far more. It does not matter when the problem started or who was in government at that time; what matters is what we do now as a legislature. That is our duty and responsibility. We have the chance today to enact this amendment, which would alleviate the situation and mean that the opinions and sensitivities of local people are taken into consideration in important planning decisions. That is not too much to ask of a democratically elected Government.

[Lord Teverson (LD)]

My Lords, I am sorry, but the past does matter. It is incredible to me that the party in opposition filled up 400 hotels with asylum seekers, did not think ahead about these issues and then complains about it once the horse has bolted. That is pretty shameful and I think the culpability is on my right rather than opposite.

[Lord Jackson of Peterborough (Con)]

My Lords, I contribute briefly to this debate to strongly support my noble friend on the Front Bench in her excellent amendments, both in respect of houses in multiple occupation and of hotels being converted to hostels.

I mention the specific case, in my own former constituency of Peterborough, of the Dragonfly Hotel in the west of Peterborough, which is a very pleasant residential area. Last November, without any consultation, the Home Office moved in 146—disproportionately male—asylum seekers. I raised the issue with the Home Office Minister, the noble Lord, Lord Hanson, earlier this year and he gave an undertaking that, henceforth, there would be better communication. Even the Labour Members of Parliament for the Peterborough area had cause to criticise the process of moving—decanting—those asylum seekers into the Dragonfly Hotel. The two Labour MPs, Sam Carling of North West Cambridgeshire and Andrew Pakes of Peterborough, said that

“the Dragonfly is the wrong hotel, in the wrong location and bad for Peterborough and nearby residents”.

There has been no indication of when it will cease to be used. They went on:

“We are a welcoming city but are playing more than our part already”.


The context of that is that there had been no attempt to speak to the Labour-led city council, adult social services, children’s services, the police or NHS primary care.

The context that we need to think about is that, hitherto, the planning process has been well recognised as a form of governance that works in this country. We have local development plans, we have county structure plans and—for those who really have nothing better to do with their time—we have mineral plans. I know that this is all meat and drink to my noble friend Lord Banner. The point is that it is a well-established idea that, where there is significant change in planning and development, particularly in urban development, there is a process of proper consultation between stakeholders and those affected. It might be informal discussions between planning officers and local residents or it might be a formal committee, but there is a process where people are invited to comment.

With any decision to significantly change and impact the residential amenity of a local area and people’s quality of life in that area, particularly where—as in the case of the Bell Hotel—there are a significant number of schools and young people in the area, there will be some legitimate concerns. No one is saying that all asylum seekers are criminals or are likely to be criminals but, when you bring forward very significant local change, you will cause concern.

I think a form of governance, a piece of primary legislation that obliges that information to be put in the public domain, is sensible and would prevent people listening to extreme points of view in pursuit of their particular political agenda. That is why I think that this amendment is sensible.

The noble Lord, Lord Teverson, can criticise as much as he likes. Let us hear the Liberal Democrats’ view on this and what they would do. It is very easy to criticise and put it on a focus leaflet in the opportunistic way that the Liberal Democrats do; it is much tougher, as this Government are finding and the previous Government found, to be in government, because politics is to choose and to make tough decisions—something that the Liberal Democrats are unfortunately not very used to.

My noble friend Lady Scott makes a very sensible point about accountability, transparency and clarity in the local community. If in future we are to avoid the social dislocation, violence and anger that we have seen in Epping Forest in the last few months, transparency will do that. It will allow people to have their say. It will allow their elected representatives to have an opportunity to properly represent them and ventilate their concerns, and I think that will be all to the good. The Government would be wise to do it, because they are now looking at some policies that we would have pursued. I think they are trying to tackle this issue in a sincere way. We on this side are offering these amendments as a way to ameliorate the issues because we know it is necessary so to do.

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[Baroness Scott of Bybrook (Con)]

Yes, there were 400 hotels—we have heard from my noble friend Lady Coffey the reasons for that. But in 2024, just before we left government, we were down to 213 hotels. By now, if we were still in government, we would not have any hotels; we were working the number down. It would have helped if the Government opposite, when they first came into power, supported the deterrent that we were going to have—we would then not have the problem.

[Lord Teverson (LD)]

That was a somewhat desperate contribution—seriously so.

[Baroness Pinnock (LD)]

The intervention by the noble Baroness, Lady Laing, seemed to distance where somebody lives from their behaviours. The intervention she made was irrelevant. The fact is that the previous Conservative Government started using hotels for temporary accommodation for asylum seekers and made no effort to increase the speed of assessment for those asylum seekers, so that they could have certainty in their lives and local accommodation would not be put under undue stress. It was not only a failure of public policy by the previous Government; it was inhumane. It surprised me that the noble Baroness, Lady Scott, for whom I have high regard, has seen fit to bring these amendments. It is out of character for her to do so. Perhaps on later reflection, she will regret bringing them.

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[Lord Cromwell (CB)]

My Lords, I endorse completely the speeches by the noble Baroness, Lady Miller, and her supporters. She introduced it engagingly and comprehensively. I have therefore scribbled out most of what I was going to say. She has done the Committee a double service in that respect.

A common difficulty for those citizens who wish to examine or question a development proposal is the scarcity of information, expertise and resources they have, often when up against a large professional development company. Planning authorities have the same problem, and the risk of very expensive and protracted discussions and inquiries to get to grips with the proposed project. Some applications that I have seen seem almost designed to overcome planning authorities and public resistance through the sheer volume and number of boxes of paper that arrive, within which people have to try to find where the bodies are buried.

If such projects were obliged to produce a digital twin model, as the amendment proposes, not only would we have a more equitable process but it would also save a great deal of time, resources and money. I could say a great deal more, but I will not because we all dread the phrase, “My Lords, a lot of good points have been made” and I shall not repeat it. I genuinely shall not. I support these amendments, and I will now sit down.

[Lord Teverson (LD)]

My Lords, from these Benches I support this amendment and thank other Lords for their support. One thing the noble Viscount, Lord Hanworth, said is that if we had had a digital twin model earlier, the bat tunnel we talked about would probably never have been necessary in HS2.

Clearly, there are issues around this on data privacy, keeping information up to date, legacy systems and so forth. But one of the positives is that once you have a model, you do not just discard it once the project has finished; you continue using it into the future and update it. It allows you all the benefits into the future.

We on these Benches are very interested to hear where the Government are in the development of this area, which I certainly hope is an area where the UK, with its IT prowess, will move ahead of our competitors and use it for the kinds of not very successful infrastructure projects that we have had in recent years.

[Lord Jamieson (Con)]

My Lords, in speaking to the amendments of the noble Baroness, Lady Miller of Chilthorne Domer, I am also greatly pleased to say that we seem to have broken out into a spirit of co-operation. As noble Lords will know, modelling and simulation are used to drive efficiency in infrastructure and planning projects. I recall, as a project engineer more than 30 years ago, using simulations and realising just how valuable they are in avoiding mistakes and bringing people on board with exactly what you are proposing.

Therefore, they have the potential to reduce costly mistakes in the planning process, deliver infrastructure that is better, more adaptive and more resilient and, as Members have commented, bring residents and others on board because they can see what is there. They would also, I hope, allow developers to modify their plans to reflect what the public want because it can be done so much more easily through a model.

This technology is moving at pace, as are other technologies such as AI, and it is therefore likely that legislation will be required in future to keep pace with changes. Ensuring that the law remains sufficiently flexible and future-proof and does not inhibit development is going to be important, as is how this is integrated into the planning system as opposed to being a stand-alone, nice little model that you look at. If we are going to look at amendments and how changes can be made, we have to think about whether that means we need to produce a volume of paper documents or whether there is some output that we can integrate. It is a complex issue that we need more thought on, but it is a great opportunity. How do the Government intend to ensure that this planning law evolves, and how can it be integrated so that planners are able to realise the full potential of technology? I look forward to hearing the Minister’s reply.

Planning and Infrastructure Bill

Lord Teverson Excerpts

Committee stage
Monday 1st September 2025 Lords Chamber

[Lord Teverson (LD)]

My Lords, like many Members in the Committee, when I read the list in my noble friend’s Amendment 77 I was absolutely incredulous that we are in the position where planning permissions still have to be given for that scale of change to our electricity distribution system. It is incredible. I hope that whichever Minister is answering on this group will be able to give us concrete guarantees that action will be taken in this area, whether through accepting this amendment or through secondary legislation. We need to get on with this and with the Government’s own programme.

I very much welcome the boldness of the amendment of the noble Lord, Lord Lucas, which is perhaps unusual coming from those Benches, and the tenor of the amendment of the noble Baroness, Lady Coffey. One thing that strikes me, and she mentioned it, is that a lot of reservoirs, certainly in my part of the world, the south-west, are used as recreational facilities, and obviously we would not want to squeeze that out. The other thing that occurs to me, particularly this year, is that floating solar on reservoirs is very likely to become non-floating fixed solar panels, given the rate of rainfall that we have been having, or not having, over some of these summers.

I will be interested to hear the Minister’s response to these very positive suggestions for how we can move renewable energy forward in this country.

[Lord Cromwell (CB)]

My Lords, with the solar energy that is reaching me at the moment, it is actually quite hard to see whether there is anybody out there, but I will take it for granted that there is and that they are all listening with rapt attention.

I apologise that I was unable to participate in earlier debates on the Bill, but I have been following it closely. I should declare that my family farm has some of what the noble Baroness, Lady Coffey, referred to as “hideous”—or was it “horrendous”?—pylons and poles coming across it. My grandfather actually welcomed these as signs of the inevitable march of progress, but, even then, and certainly now, not everybody is quite as enthusiastic as he was.

While I see and support the logic of Amendment 77, it makes no provision overtly for wayleaves or compensation for those whose homes and businesses are affected by any additional poles et cetera. I hope that any amendment along these lines would accommodate such arrangements, as is the case with current power lines. Will the Minister, or perhaps the noble Earl himself, confirm that that is the intention?

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[Baroness Neville-Rolfe (Con)]

Coming back to Amendment 77, I mention one word: growth. We are trying, with cross-party effort, to reform the planning system and speed it up. I hear some good ideas from the noble Earl, Lord Russell, my noble friend Lord Lucas and others, yet we are having another consultation and another quango—doing something “in due course”, at some time, somewhere else. This is the flagship planning Bill, and I want the Minister to consider whether there is more we can do in it to set a better tone on speed and growth, and to get local authorities to move forward on the things which, as many agree, are bureaucratic and unnecessary.

[Lord Teverson (LD)]

Following on from the noble Baroness, Lady Neville-Rolfe, can the Minister give us some idea of a timetable for this, given that there is total unanimity that we are not in a sensible position and we need growth and to move this whole proposition forward? The consultation is about to end. Will we get this fixed by the end of the year, for instance? Could we be revolutionary and have something ready for Report? I am interested to hear from the Minister.

[Lord Khan of Burnley (Lab)]

We all share the opinion that we need to get this Bill on to the statute book speedily and to ensure that we have the growth to which the noble Baroness alludes. However, we need to do this by reflecting on and responding to the consultation, and for that to happen, we have to wait for it to finish—which is tomorrow, by the way. We will look diligently and carefully at the responses and ensure that we have a system that is fit for purpose, growth and development, so that this country grows. This Bill will play its part, but there will be secondary legislation following consultation. We hear noble Lords’ desire, which is also the Government’s; we are all on the same page, and we want to move robustly and diligently in considering the consultation that we launched.

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In conclusion, I look forward to hearing from the Minister how the Government are taking forward the essential work on developing our grid capacity. I hope that he will provide reassurance to the Committee that grid reform remains an urgent and co-ordinated priority as we take this Bill forward.

[Lord Teverson (LD)]

My Lords, I just want to welcome that speech from the noble Baroness, Lady Bloomfield. It was excellent in its tone and entirely different from that of her colleague, the noble Lord, Lord Offord, when he spoke from the Front Bench. I congratulate the noble Baroness.

[Lord Khan of Burnley (Lab)]

My Lords, let me take this opportunity to welcome the noble Baroness, Lady Bloomfield, to her place on the Front Bench. I look forward to the exchanges ahead.

I turn to Amendments 78 and 79A, tabled by the noble Earl, Lord Russell, the noble Lord, Lord Swire, and the noble Baroness, Lady Coffey. I thank them both for tabling these amendments and for their interest in and commitment to improving grid capacity and electricity distribution infrastructure.

Amendment 78 seeks to require the Secretary of State to consult on and implement measures to grant distribution network operator powers in relation to the acquisition of and access to land, with the aim of accelerating electricity distribution network infrastructure build and maintenance. The Government are fully committed to achieving clean power by 2030. It is clear that a rapid expansion of the electricity network is essential to delivering that mission. Although we agree with the intent behind this amendment, we do not believe that it is appropriate to legislate on these matters through this Bill.

As previously outlined, the Government launched a public consultation on 8 July; it closes tomorrow, on 2 September. That consultation includes proposals on land access and rights and seeks views from a wide range of stakeholders, including network operators, landowners and local authorities. Once the consultation closes, the Government will undertake a thorough evaluation of the responses to understand stakeholder concerns and to assess any potential unintended impacts ahead of implementation. Introducing changes now, before that work has been done, would pre-empt that process and risk undermining the careful balance that we are trying to strike between speeding up delivery and protecting landowner rights.

We are committed to acting quickly once the consultation process is complete but we must do so in a way that is informed, proportionate and legally sound. I hope that the noble Earl, Lord Russell, is reassured by this response; I kindly ask him to withdraw his amendment. I will take his offer forward with my officials and look forward to meeting the noble Earl, alongside my noble friend Lady Taylor, on the issues raised in this area.

I move on to Amendment 79A in the name of the noble Lord, Lord Swire. This amendment would introduce a statutory presumption in favour of undergrounding power lines. It would require developers to demonstrate that undergrounding was their preferred and initial option, and that it was infeasible on cost or engineering grounds, before overhead lines could be approved. We understand that some communities hold strong views in favour of undergrounding, particularly due to concerns about the visual impact of overhead lines. We are aware that the support is partly driven by examples seen internationally, where undergrounding is used in certain contexts.

The Government’s position is that overhead transmission lines should be the starting presumption for electricity network developments except in nationally designated landscapes, where undergrounding is the starting presumption. That is because overhead lines are significantly cheaper, as undergrounding can cost up to four and a half times more, with costs ultimately passed on to bill payers. Overhead lines are also quicker to build, cause less environmental disruption and are easier to maintain and connect to existing networks.

That said, we totally understand the point made by the noble Lord, Lord Cromwell. I reassure him that neither I nor my noble friend Lady Taylor answered the Question that he asked in relation to pylons, but we look forward to speaking to and working with officials to get more detailed examples of costs and how they work in different ways in different combinations. The noble Lord asked a question that I did not previously answer on whether the network permitted development rights proposals in the current consultation cover compulsory purchase. I can confirm they do not, but there will be a huge debate—well, hopefully not a debate, but a huge discussion—on compulsory purchases in due course.

Strategic network planning is critical to ensuring that transmission infrastructure is designed and delivered in a way that meets system-wide needs. The National Energy System Operator, NESO, through the forthcoming centralised strategic network plan, will assess technology options against key criteria—including cost, deliverability, operability and community and environmental impact—and recommend optimal solutions. Developers will then apply those recommendations at a project level, refining routes and designs within existing planning and regulatory frameworks.

Accepting the amendment would move us away from a strategic, co-ordinated, system-wide approach to grid development and towards a more fragmented process. While undergrounding is already used on a case-by-case basis where justified, the amendment could lead to more frequent project-level decisions, undermining strategic system-wide planning. That risks creating inconsistency, reducing efficiency and ultimately slowing down the delivery of the infrastructure. We need to meet our clean power 2030 and net-zero targets. Further, the amendment would shift the burden of proof onto the developer, which would add complexity, legal risk and delay to an already lengthy consenting process. Given the significantly higher costs and technical complexity of underground lines compared with overhead, the amendment is unlikely to increase the use of undergrounding but would add additional time to the planning and delivery process.

Amendment 94, tabled by the noble Baroness, Lady Coffey, would require that electrical or communications cables under land in active agricultural use must be buried to a minimum depth of two metres from the surface level, and deeper if required. Existing legislation for electrical cabling is contained in the Electricity Safety, Quality and Continuity Regulations 2022. They require that:

“Every underground cable shall be kept at such depth or be otherwise protected so as to avoid, so far as is reasonably practicable, any damage or danger by reason of such uses of the land which can be reasonably expected”.


This legislation is supported by industry codes that provide the specific standards for the relevant minimum burial depth, considering different factors and use cases. These industry codes must comply with the legislation that forms the quality standards that network operators must legally operate within.

For agricultural land, the minimum recommended depth for electricity cables, set out in the Energy Networks Association’s engineering recommendation G57 for cable laying on agricultural land, is 910 millimetres. This is intended

“to provide sufficient depth to safeguard against damage from deep ploughing and cultivation, and from the mechanical installation of drainage systems”.

Recommendation G57 says:

“This depth requirement takes account of the wishes of the National Farmers’ Union”.


Agricultural activities including deep cultivations, subsoiling and mole draining rarely extend deeper than 700 millimetres below the soil surface. Installing cables at depths greater than 910 millimetres can introduce engineering and environmental constraints, such as increased heat generation from the cables, which may require additional mitigation measures such as increased pole spacing. Deeper installation would necessitate a wider and deeper trench, raising the risk of potential detrimental impacts on the soil resource due to soil handling and storage. The existing legislation is supported by detailed industry standards, ensuring an agile framework whereby the relevant standards can be flexibly updated and refined in line with evolving circumstances such as innovation while minimising potential impacts on agricultural land.

To conclude, similarly for communication cables, the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 include a requirement that code operators must install apparatus such as cabling at a depth that does not interfere with the use of the land. This ensures that the land can continue to be used for the purpose that the landowner wishes, even where there is electronic equipment buried in the ground. Introducing a new requirement for the depth of communications cables could increase digital infrastructure deployment costs substantially, slowing network build and potentially preventing the Government’s ambition of a nationwide coverage of stand-alone 5G and gigabit-capable broadband.

For the reasons outlined, I do not think that these amendments are necessary and I therefore kindly ask the noble Earl to withdraw his amendment.

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Moved by

[Lord Teverson]

87: Clause 28, page 39, line 23, at end insert—
“(1A) For renewable energy produced from biomass, the forestry authority may only supply or use forestry materials that are deemed to be waste.”Member's explanatory statement
This amendment prevents public forestry resources being used for the establishment of large scale biomass operations.

[Lord Teverson (LD)]

My Lords, I declare a couple of interests that are relevant to this Bill. I chair the Cornwall and Isles of Scilly Local Nature Partnership and Aldustria Limited, a company which is into grid battery storage. I thank the noble Baronesses, Lady Boycott and Lady Bennett of Manor Castle, for adding their names to Amendment 87.

When I first read through this Bill before Second Reading, I went through all the big things in Part 3 and all the stuff that we have been debating. Hiding in plain sight was Clause 28 on forestry authorities—primarily one thinks of the Forestry Commission here in England—and how their land should be used. It is entitled in such a way, with renewable energy, that you think, “Oh, that sounds good: more renewable energy and forestry. What could possibly go wrong?” Then you look down this clause and think, “Hang on a minute: what goes together most with renewable energy and forestry?” Of course, the answer that springs out is biomass; what else can you do with trees for renewable energy than to produce biomass? I am not totally against biomass for renewable energy, but it is an area about which we have to be very careful.

If we read through the rest of Clause 28 to see the definitions of renewable energy, interestingly we find that it does not actually say what they are but what they are not. It goes through nuclear energy, so we are not likely to have any small modular reactors on Forestry Commission sites in the near future, and it goes through all the fossil fuels and peat, all of which is good. However, it does not mention biomass within those definitions. As we know, biomass has its issues. It is interesting that we are debating this clause at a point when the Financial Conduct Authority has looked at the behaviour of Drax over something of a completely different scale and in a different place. It shows that one of the difficult areas with biomass is how you manage it, have accountability and make sure that, if it is used, it is managed in the right way. So there are a number of issues around biomass, all of which we know. The forestry authorities have a number of ancient woodlands, which certainly should not be touched, and there are issues around clear-cutting and soil quality, particularly if we were to take away all the cuttings—the branches and fallen trees—in that natural forestry.

I am aware that the Minister will say to me—it is a positive part of this clause—that activities carried out under this clause would have to have an environmental benefit. It goes on to mention those environmental benefits to nature and other areas, and I welcome that. However, my concern—hence why I have pursued this amendment—is that it could be said that all those things would be helped if we moved more quickly towards net zero. That is true, and so you could construct an argument that having renewable energy through biomass would reduce climate change, which is positive for all those other natural environment considerations.

I am really trying to find out from the Minister—she gave part of this answer in writing after Second Reading but I want to investigate it further—what exactly was in the Government’s mind when they wrote this. Are they going to cover Forestry Commission land with solar panels or wind turbines? I am trying to understand what this allows and what those organisations’ management plans for renewable energy are likely to be. I can accept, as I put in the amendment, that waste product is acceptable. Having said that, even residual and dead timber can itself be a good springboard for biodiversity. I am really trying to find out the intent behind this, because it is one area that could go very wrong if we are not careful. I beg to move.

[Baroness Boycott (CB)]

My Lords, I am very pleased to support the amendment in the name of the noble Lord, Lord Teverson. There is widespread concern about the sustainable sourcing of all Drax wood pellets, and it is incredibly important that we ensure there are safeguards in place around the potential for the wrongful use of forestry land. As the noble Lord said, we learned just last week that Drax is now under investigation by the financial watchdog. In the past, it has been fined £25 million for supplying inaccurate data. So while the Government’s decision to reduce the subsidies for Drax is welcome, it will remain the UK’s largest emitting power station, whatever we do. We have to be watchful.

The Secondary Legislation Scrutiny Committee’s report in May, covering DESNZ’s draft regulations to extend the regime for Drax, highlighted concerns about the ability of Ofgem and DESNZ to hold Drax to account on the sustainability question and the enforcement of environmental compliance. It noted that “key documents” relating to

“Drax’s supply chain processes and reporting practices have not been published”.

A lot of this comes from whistleblowers within the company. The Public Accounts Committee has also criticised the weaknesses in the current assurances and enforcement processes.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

I will pass my noble friend’s comments on to the Defra Minister.

[Lord Teverson (LD)]

My Lords, if this was not the House of Lords, I think I would ask for a round of applause for the Minister. That was very concentrated information over about 15 minutes without even a breath, so my congratulations to her.

Clearly, there is another debate that needs to happen. I am absolutely fascinated by the comments of the noble Baroness, Lady Coffey, that the Forestry Commission is not too strongly into planting trees. That could just explain the fact that we are rather behind on our tree planting targets in this country. I really welcomed the in-depth, practical view of how the Forestry Commission worked from the noble Lord, Lord Roborough.

As far as my amendment is concerned, I can see from what the Minister said in answer to one of the other amendments that the role model here may be what is happening in Scotland. I will look at that further and try to understand further what the Government are trying to achieve in terms of the Forestry Commission and renewable energy. I may or may not come back to this on Report, but at this point I beg leave to withdraw my amendment.

Amendment 87 withdrawn.

Planning and Infrastructure Bill

Lord Teverson Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Lord Teverson (LD)]

My Lords, I am pleased to start with my interests because they are to do with energy, specifically battery storage—I will talk about long-term storage in a minute, but I will leave that for now. I am also chair and director of a number of smaller land developers, and chair of the Cornwall & Isles of Scilly Local Nature Partnership. So I stand on both sides of the conflicts that the Bill looks at. In wearing those two hats, I have never had a conflict of interest. There has never been a situation in all the developments that we have been involved in—medium-sized, often mixed, not always with a lot of housing and admittedly not infrastructure—where nature has got in the way of development. It is primarily about planning resources at local authorities.

I welcome many parts of the Bill, particularly everything that will enable us to achieve net zero; it is really important that we manage that in terms of energy infrastructure. I also welcome this Government’s housing objectives. However, as many people have said, my noble friend Lord Shipley in particular, the problem is not primarily planning. My eyes were opened on housing some time ago when I looked at the time series of housing starts since the Second World War. There is a complete break around the beginning of the 1980s. Up to that point, the number of private starts was pretty equal to the number of public starts: roughly about 150,000 each through that period. When the Thatcher Government came in and, in effect, banned local authority housing, that fell off to more or less zero—social housing now is some 40,000 units—but the private sector just carried on along at the same level. Whatever the stimulus was, the volume stayed the same. Behind that, there is a message about the difficulty of stimulating private housing finishes, and it is not necessarily down to the planning system.

I welcome the measures in the Bill on long-term storage, which I am not involved in commercially, and the cap and floor mechanism—let us get on with that because it is important for grid stability. I welcome the EV changes, but let us enhance them further, exactly as my noble friend Lady Pidgeon said. I also welcome the financial compensation being by grid lines, or trying to get people involved in that energy transition.

No one has mentioned Clause 28, which concerns the Forestry Commission. It is allowed to indulge in renewable energy itself, which sounds great, but it does not mention biomass in relation to energy production. I would be concerned if the pass that allows the commission to work in that area enables it to use its own logs commercially, to make up for any government funding reductions—they would be cannibalising their own crops. I am interested in what the Minister says on that.

I am particularly concerned about the environmental delivery plans. This is not something that we are imagining; sure, we are in nature depletion and the restrictions that we have had on nature have not been good enough so far, but to me, this makes them worse. The OEP’s letter to the Secretary of State makes it very clear this is a regression. What worries me is not only the fact that the Bill is a regression but if the Government do not take notice of the OEP, in terms of their reputation and core function in Parliament, it is a real problem. It is important, as Minister Pennycook has said, that we find a way that the OEP and the matters that it has brought up are solved in the Bill as it goes through. That is crucial; otherwise, we have an important government agency that loses respect.

Lastly, local nature recovery strategies are mentioned twice in the Bill, once very positively in relation to spatial development strategies. However, when it comes to EDPs, they have very weak enforcement in how they are taken into account, and that must be changed. It has to be compulsory that local nature recovery strategies are fully taken into account in relation to any environmental development plan.

Planning Reforms: Energy and Housing Costs

Lord Teverson Excerpts

Thursday 15th May 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, we are developing the future homes strategy, which will point to all the net-zero measures that we want to see. We do not want new houses being built that have to be retrofitted, or that are technology-specific, because the technology is developing at pace and we want to make sure there is enough flexibility in the system for new technologies to be adopted. Things such as solar panels and air source heat pumps are great innovations that are really changing our homes, keeping them warmer and making them more carbon neutral.

[Lord Teverson (LD)]

My Lords, in future, a number of major planning applications will require environmental development plans, which will be written by Natural England. Yet there is a great scepticism about the efficiency of that, because Natural England does not have the resources, and it is going to be very difficult to recruit them in time to meet the planning targets. Can the Minister assure us that, somehow, these plans and Natural England will be properly resourced to make sure that those efficiencies can happen, and that nature can be protected?

[Baroness Taylor of Stevenage (Lab)]

My Lords, it is important that, as we go forward with our ambitious target to build 1.5 million homes, we take care of the environment at the same time. Natural England’s role in that, which the noble Lord points to, is key in developing the plans that will protect nature as we build those homes. I understand the concerns that he and other noble Lords have about the resources in Natural England. We are working very closely with it, and we will provide it with additional resources to help it deliver with us what I do not think is a contradiction: the development and infrastructure that we all want to see, while protecting our precious natural environment at the same time.

Housing: Modern Methods of Construction

Lord Teverson Excerpts

Thursday 5th September 2024 Lords Chamber

[Lord Teverson (LD)]

My Lords, MMC can make a big difference in energy efficiency and embodied carbon in buildings. I will give a quick bit of history for 15 seconds. The previous Labour Government, and indeed the coalition Government, had targets for net-zero buildings for homes for 2016. That legislation was about to be enacted when the Government changed and George Osborne, as Chancellor of the Exchequer, stopped that process. In the meantime, we have had 1.5 million homes built below that standard that need not have been and will have to be retrofitted. That was a national disgrace and probably one of the largest bits of environmental vandalism that we have had in recent years.

The Labour manifesto says two things around this. On page 56, on fuel poverty and net zero, its “Warm homes plan”, which I hugely welcome, says:

“The energy shock of recent years has highlighted the urgent importance of improving energy efficiency in British homes”.


Page 38, on housebuilding, says:

“Labour wants exemplary development to be the norm not the exception. We will take steps to ensure we are building more high-quality, well-designed, and sustainable homes and creating places that increase climate resilience”.


I welcome that and all the aspiration behind it. We have for next year the future homes standard that has been mentioned, but that is not a net-zero commitment in terms of housebuilding. Will that aspiration be improved to return us to what we should have been doing in 2016?

Lease Extension Policies for Residential Properties

Lord Teverson Excerpts

Tuesday 30th July 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

The noble Baroness will know that I agree with her sentiments. I have certainly already had the Chief Whip speak about this. As outlined in the King’s Speech, the Government will provide home owners with greater rights, powers and protections over their homes by, first, implementing the provisions of the Leasehold and Freehold Reform Act 2024. Some of that has already been enacted, but there will be a need for some secondary legislation to do the rest. We will then further reform the leasehold system by enacting remaining Law Commission recommendations —which we tried to do with amendments but were not successful—relating to leasehold enfranchisement and the right to manage; tackling unregulated and unaffordable ground rents; and removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with the lease agreement. We will take steps to bring the feudal leasehold system to an end, reinvigorating commonhold through a comprehensive new legal framework.

[Lord Teverson (LD)]

My Lords, the Crown Estate owns the seabed around England and Wales. Is it the Government’s opinion that it should use that influence of ownership to stop particularly destructive fishing practices, such as scallop dredging? It could end that here and now.

[Baroness Taylor of Stevenage (Lab)]

The noble Lord will not be surprised to learn that I do not have particular information about scallop dredging. However, a Crown Estate Bill will come forward as part of the King’s Speech legislation. This will modernise the Crown Estate by removing some of the outdated restrictions on its activities. The measures that will come forward will widen investment powers and give the Crown Estate powers to borrow to invest at a faster pace. Those reforms will ensure the successful future of Crown Estate business and help meet the clean energy superpower mission. I will come back to the noble Lord with a Written Answer on the issue of scallop dredging.