Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateBaroness Bennett of Manor Castle
Main Page: Baroness Bennett of Manor Castle (Green Party - Life peer)Department Debates - View all Baroness Bennett of Manor Castle's debates with the Ministry of Housing, Communities and Local Government
(1 month, 1 week ago)
Lords ChamberMy Lords, it is a pleasure to follow the noble Earl, Lord Caithness. I have a sense of déjà vu, thinking back to when the noble Earl and I were working to get a focus on soil health in the Environment Bill, now Act, when the noble Earl was acting to push his own Government in the right direction.
I declare my position as a vice-president of the Local Government Association. I am the first member of the Green group in your Lordships’ House to speak, so I note that in the other place the Green MPs voted against the Bill at Third Reading. That was not because they did not think there were good elements in it, but there is so much damage being done to nature—and hence, as many noble Lords have said, to human health and well-being and to the state of the nation—that they could not support the progress of the Bill. I thought it was important to set out the position that we start from.
In the Minister’s introductory speech, we heard a couple of the central misconceptions that underpin the reasons why the Government’s approach more generally in the Bill will simply not work. It will be counterproductive. The noble Lord spoke with some glee about new roads. Well, we know that new roads simply create new traffic. You cannot build your way out of a traffic jam; all you do is create more traffic jams. The noble Lord spoke about the safe and decent homes the Bill is supposed to deliver. As the noble Lord, Lord Crisp, just said—and many others have said—what our large handful of mass housebuilders are building is anything but that. If people have not seen it, I point them to the article in the New Statesman this month about some of the absolutely awful and incredibly expensive homes that have been built in the Prime Minister’s own constituency that the owners are not able to get sorted out.
To pick up the points made by the noble Baroness, Lady Willis of Summertown, and many others, the health of nature is the health of human beings—we human animals living on this fragile planet in this terribly nature-depleted country. Speaking up for nature is speaking up for humans. As the noble Lord, Lord Crisp, just said, if we are going to have a healthy economy, we need healthy humans. We are speaking up for the economy, ultimately.
The Bill is disastrous for nature. I go to the briefing of the Wildlife and Countryside Link, but there are many briefings pointing out how the Bill undermines vital legal protections for nature. It is environmentally regressive and reduces the level of environmental protection provided by existing law.
I could take the rest of my time going through a very long list of the issues I want to address, but that would be a little dull. I will focus on a couple of points that help illustrate my general point that nature and human well-being are tied together.
We need to take a One Health approach to the Bill. I point to a briefing from the Sustainable Nitrogen Alliance, which says that the proposed environmental delivery plans will be insufficient to tackle nitrogen overloading. We need an integrated approach to nitrogen pollution that addresses, in addition to development, the impacts of intensive agriculture and wastewater and the risk of pollution swapping.
Coming back to my point about health, I go to UNEP, which notes that ammonia emissions, as well as contributing to climate change, are an important driver of fine particulate matter pollution, which reduces air quality and has increasing adverse effects on human health. I spent last weekend, in my leisure time, on a two-day course: the Field Studies Council’s introduction to lichens. I can highly recommend that to noble Lords. Any noble Lords who stand still too long in the Dining Room may find themselves bailed up by me to talk about that more. It was striking how much the tutor kept saying, “Well, you won’t find this or that wonderful species here. Everything is covered in nitrogen”. That is what our country is like. It is a human health issue as well as an issue for lichens.
In the other place, Sarah Champion MP talked about the right to grow. That is really crucial for human health; allotments and similar spaces are great for nature as well. I will mention the issue of landfill—historic and current—and the human health impacts of that; and Zane’s law is something noble Lords will be hearing more from me on. But I want to mention something that might be able to be cleaned up now before we get to that point. The Badger Trust points out that in Schedule 6, there are amendments that significantly undermine protections for badgers without improving the situation in any way for housebuilders. I hope we might be able to clean that up before Committee, so we will not have to dig through that detail.
Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateBaroness Bennett of Manor Castle
Main Page: Baroness Bennett of Manor Castle (Green Party - Life peer)Department Debates - View all Baroness Bennett of Manor Castle's debates with the Ministry of Housing, Communities and Local Government
(2 weeks, 2 days ago)
Lords ChamberMy Lords, I support my noble friend Lady Pinnock’s amendment. Pre-application consultation, as she correctly said, not only gives communities a chance to shape proposals but can speed up things further down the line. It is not necessarily a delaying factor.
The noble Baroness, Lady Neville-Rolfe, just raised an interesting issue in that we do not know what the delaying factor is. Is it the statutory consultees, far more than the communities, for example, that are part of the delaying factor? Given the scale of the Government’s ambition, quite rightly, to develop housing and the accompanying infrastructure, and to make master plans to do that, it is much better to take the community along with you. If the community already feels left behind because it is cut out at the very first stage, which is what the Bill does, then however many nice words may be said later by the development corporations or so on, that is not really going to cut much ice. Therefore, the amendments tabled by my noble friend are particularly important.
I also really do not like the fact that, even if communities and the public have made some responses, there is no requirement for the people doing the development to take that into account. Again, that is a very disempowering issue, which undermines the whole democratic basis of our planning system.
My Lords, I offer my strong support for the entire presentation from the noble Baroness, Lady Pinnock, and her amendments. I cannot top her example of unknown mines underground, but the example that I was thinking of is on a much smaller scale, and it addresses the point raised by the noble Baroness, Lady Neville-Rolfe. She said that those mines, et cetera—the physical infrastructure—should be on the record; I think we all know that very often they are not.
However, there is also the question of the local community and how it works, which is never going to be written down. The example that I was thinking of comes from central London, from Camden borough. I was at a meeting where the council came along very excitedly with the idea that it was going to knock down a community centre, build housing, and build a new community centre on what most people from the outside thought were some pretty unpleasant, small, raggedy corner shops—a little row of shops which you get typically in suburban areas. The council officers and the local councillors were visibly astonished when local people, mostly elderly, were up in arms and horrified about the idea of those shops being demolished. They said, “We’re not mobile enough to get to Camden High Street and we’re scared of the traffic on Camden High Street and the speed at which it goes. Even though these shops are probably both very expensive and don’t have a great range of goods, et cetera, we hugely value them”. That is just a small-scale example of how only communities themselves know the way in which they work. If they had had input earlier on, there would not have been lots of very angry pensioners at that meeting, as we saw.
Amendment 107 in the name of the noble Baroness, Lady Miller, is really important and picks up the use of technology, and potentially its positive use, and sets out rules for it. Again, I am afraid that my next example is also from Camden, because that is where lots of my planning stories come from. The Crick centre was imposed on the local community—I declare a retrospective interest in that I was the chair of the St Pancras and Somers Town Planning Action committee that opposed it, a long time ago. When it was finally built, people said, “But that doesn’t look anything like what the pictures looked like”. I think that is something that we are all extremely familiar with. The idea of creating some standards and rules—they already exist, but we should put them into statute—seems an extremely good one.
My Lords, first, my apologies: I should have mentioned my interest as a councillor in central Bedfordshire earlier in the debate.
I thank the noble Baroness, Lady Pinnock, for her leadership on this important group of amendments. Clause 4 systematically removes several pre-application requirements. I will focus first on Amendment 25, tabled by the noble Baroness, Lady Pinnock. This amendment seeks to retain Section 47 of the Planning Act: the duty to consult the local community. Can the Minister clarify the Government’s position? Ministers have previously stated that the Bill does not in any way reduce local democratic input. If that is the case, can the Minister explain why the duty to consult communities is being removed? How did the Government arrive at the decision to remove Section 47 of the Planning Act, as my noble friend Lady Neville-Rolfe raised, and what are the specific problems they are trying to resolve in doing so?
We know from experience that when local communities are given genuine influence over planning through mechanisms such as neighbourhood plans, they are often more supportive of new housing and infrastructure—we have heard cases from the noble Baronesses, Lady Pinnock and Lady Bennett, where the local input added significant value—especially when it reflects local needs such as affordable housing, safeguards green space or comes with vital local infrastructure improvements. Indeed, neighbourhood plans introduced under the Localism Act 2011 have in many cases led to more housing being approved rather than less. This suggests that working with communities delivers better outcomes.
My Lords, I support the noble Lord, Lord Ravensdale, on his Amendment 46. On Amendment 46A, I would be very surprised if the Secretary of State did not take account of EDPs. From the provision that the noble Baroness, Lady Coffey, read out, the Secretary of State clearly has the power to do so.
On Amendment 46, we partly return to the role of regulators. There is a perverse output of regulators making it difficult to achieve net-zero targets, which I find very difficult. Some regulators find it difficult to go wider than the very narrow remit that they seem to work under. One of the questions to the Government is: do they really think it will make a difference? It is easy to make fun of bats or acoustic fish deterrents, but it is fair to ask whether, as a result of this legislation, we will see an end to the ludicrous behaviour of regulators, which has cost so much money, delayed projects by so much time and, as we know, achieved absolutely zilch for conservation or nature preservation. Ultimately, that is the test.
It seems that the regulators do not come under enough challenge on their performance. Somehow, we need to put some mechanisms in the Bill to ensure that the regulators come under the microscope much more on how they behave and that they are held accountable. That is why the amendment is very well judged.
My Lords, I will chiefly offer support to Amendment 46A from the noble Baroness, Lady Coffey.
In response to the challenge from the noble Lord, Lord Hunt, who said that of course the Government would not do this, I am afraid that we hear that very often in your Lordships’ House. The noble Lord may be speaking for his own Government, but we are making law for potential future Governments, and we cannot know how they will behave. That is a reason to put Amendment 46A in the Bill.
I respond to the speeches of the noble Lords, Lord Ravensdale and Lord Hunt, with a little reminder that we are one of the most nature-depleted corners of this battered planet. If our regulators have not succeeded in doing the job they should have done in protecting nature, the answer is not to take away more power from the regulators. By all means, make them work better. As the noble Baroness, Lady Coffey, said, we will undoubtedly discuss this at great length in relation to Part 3, but the Bill currently takes away an enormous amount of protection for nature, which is a huge problem.
In talking about Amendments 46 and 46A, I will refer to Defra’s own words from a blog post in 2025 that, we can assume, represents the Government’s view. It starts with a statement with which I can only agree:
“Nature is the bedrock of our entire way of life”.
As I often put it, the economy is a complete subset of the environment; none of the economy exists without a healthy environment. That blog seeks to defend the nature restoration fund, the environment delivery plans and all the other steps that this Government are introducing. You might say that the blog post is a little too vehement for its own good and that its tone sounds extremely defensive. None the less, we can all think of examples of where the Government have, on the one hand, done something for nature, but, on the other, done enormous damage with other policies.
One of the obvious examples that comes to mind here is peat. Peatland is terribly important for nature and for climate. Large amounts of money are spent on restoring peatlands. We also have continued use of the land for driven grouse shooting and the burning of large amounts of peat causing great damage—and continual horticultural use of peat. So we have the Government trying to expensively restore something while continuing to allow the destruction of it. That is why this needs to be in the Bill. I could give many more examples, but given the hour I will not, of where the Government are, in essence, facing in two directions at once and nature is torn down the middle as a result.
My Lords, the amendment from the noble Lord, Lord Ravensdale, is a very good amendment, but it refers only to low-carbon energy infrastructure. Of course, he is an expert in that, and that is fine. The comments made by him, my noble friend Lord Hunt and the noble Baroness, Lady Bennett, referred to a much wider subject: are regulators a good thing or not and are we controlling them? To say that we want to make changes to the regulations on low-carbon energy infrastructure without looking at others means we are missing something. We have big problems with many regulators, but it should be a consistent policy. It needs to be done on a much more scientific and level playing field rather than it being just something which relates to whether we think what they are doing is a good thing or a bad thing. I do not think that is the right way to look forward. Maybe when the noble Lord comes to wind up, he can explain why the amendment refers just to low-carbon energy infrastructure.
My Lords, briefly, I feel that the discussion of this potentially extraordinarily far-reaching group of amendments has a different perspective from that of those I often work with—the environmental groups, human rights groups and groups representing disadvantaged communities that are bringing judicial reviews. The perspective I approach this from is how incredibly expensive and difficult judicial reviews are and how often they fail, even when, according to measures of common sense at least, they should have succeeded. That is very much where I come from.
The Committee does not just have to listen to me on this. We saw, particularly after the judicial review over the Prorogation of Parliament, a great deal of debate about judicial review. The noble and learned Lord, Lord Reed of Allermuir, the President of the Supreme Court, was quoted in the Law Society Gazette of March 2020:
“Judges are very well aware of the risk of challenges being brought in what are political rather than legal grounds. They are repelling them and are careful to avoid straying into what are genuine political matters. When this is a matter that is to be considered it should not start from the premise that judges are eager to pronounce on political issues. The true position is actually quite the opposite”.
We have a system of judicial review that very often does not work to defend the powerless in our society, and that of course includes nature as well as people. Yet it is there as a final backstop, and sometimes it works—sometimes it does protect those people—and so it is crucial that we maintain it.
I commend the noble Lord, Lord Hunt, for his ingenuity. This single amendment has possibly the largest legal consequences I have ever seen, as I think the noble Lord, Lord Banner, set out for us very clearly and with vastly more expertise than I can offer.
I say to the noble Lord, Lord Banner, that if we are thinking about trying to speed up judicial review, which in principle is not something that I have any problem with, one thing that undoubtedly slows it down is inequality of arms. Small community groups and environmental groups face a massive inequality of arms; it is very hard for them to go fast, because they just do not have the resources. They have to wait until the crowdfunder has raised some more money before they can keep going. Perhaps dealing with that inequality of arms would be good for the efficiency of decision-making in our society.
None the less, it is fairly self-evident, but, for the avoidance of doubt, I will say that I am strongly opposed to the approach being taken in this group of amendments.
My Lords, the noble Lord, Lord Hunt, has brought before us his own Bill. It is worthy to stand alone and provoke a significant discussion about how different procedures could deal with large-scale infrastructure applications. I am not in a position to know whether it would work or not. It is an attempt to provide an alternative, and I am looking forward to the Minister, with all the civil servants behind her, being able to explain why it will or will not work.
I always start from a different starting point, which is that, first, we are a small island. Comparing us with Canada and its vast expanse, or even with France, which is significantly geographically larger than the United Kingdom with a similar population, makes for poor comparisons.
That is the first of the challenges anyone in this country has with large-scale infrastructure. The second is this. No case was made to people about the benefits to them from either of the large-scale infrastructure projects that have been mentioned, HS2 and the A303. HS2 was never about shaving 10 minutes off a journey between London and Birmingham or 20 minutes off a journey to Leeds—though it will never get there. It was never about that. It was about congestion on the railways, but that case was never made. So it is no surprise when the public do not respond to the project in that way. Why are we going through the destruction of our villages and favoured landscapes for the sake of 20 minutes? That was the argument. You have to make the case and the case is not being made. It was the same with the A303 and various other major projects. That seems to me to be a difficulty.
I take issue with the noble Lord, Lord Ravensdale, using the word “radical”. That word is always used by developers when they want something that the rest of us do not want. We might want its outcome, but we do not like what it is going to do to our environment. I think we have to try harder.
As for the noble Viscount, Lord Hanworth, calling planning “sclerotic”, this element of infrastructure planning is very difficult, but let us not label the whole of the planning process as sclerotic. Local planning authorities do not hold up development; the statistics demonstrate that. The issue is with infrastructure planning. That is why the noble Lord, Lord Hunt, has brought forward his alternative procedure for it. Whether or not that would work, I will leave to others with more detailed backing from the civil servants to decide.
The issue with planning applications, big or small, is always that if you do not involve the public and tell them what it is for, what it will do and what the downsides are, you set yourself up for a big fight, and that is what happens. As for the judicial review, what do I know about it except that it seems to go on for ever and achieve nothing—and costs a lot of money as well. If you resort to the legal process to resolve applications which should be decided between elected people and the community, you are never going to get an answer. I look forward to the reply and a judgment on this one.
Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateBaroness Bennett of Manor Castle
Main Page: Baroness Bennett of Manor Castle (Green Party - Life peer)Department Debates - View all Baroness Bennett of Manor Castle's debates with the Department for Transport
(1 week, 2 days ago)
Lords ChamberMy Lords, I am very pleased to support the amendment in the name of the noble Lord, Lord Lucas. My interest in animal welfare and good-quality meat comes from the south-west and talking over many years with the butchers who supply good meat. The two problems which noble Lords have identified are: the distance of travel, which is a very serious animal welfare issue; and the fact that over the last 20 or 30 years the supermarkets have put pressure on government to close as many small abattoirs as possible, so that they can get a greater share of the market. Also, as we have discussed in your Lordships’ House before, you must have a vet to witness the abattoir’s work, yet there is a shortage in the competitive supply of vets. One company appears to have a very large share of the market. I wonder whether Ministers should not go a little further and look at the whole question of competition in this field and, most importantly, the distance of travel.
I live on the Isles of Scilly. We have some very nice farmers there and some very nice cattle—which taste extremely good too—but they have to go to the mainland. On a small ship going up and down in the waves, these animals are pretty unhappy. For years, the farmers there have been lobbying to have an abattoir on the islands. Finally, after years, the new Duke of Cornwall has agreed to provide some land on St Mary’s where an abattoir can be built. It will therefore be a much shorter journey from the off islands to the abattoir. All the issues that the noble Lord, Lord Lucas, has mentioned are still there, but it is a much shorter distance. I hope that that the Government will look at all these things and make sure that we have a competitive market for this which is also very animal friendly.
My Lords, there are 100 million animals killed for meat in the UK every month, which is quite a statistic. There are 75,000 people who work in abattoirs and associated institutions. The amendment from the noble Lord, Lord, Lucas, raises an important issue. Whether this is the right way to address it I am not quite sure because, as other speakers have said, we are talking about a systemic issue here. I often speak about our broken food system. At the heart of that broken food system is factory farming and the giant chicken and pig institutions which are associated with giant abattoirs, logically enough. We are approaching a land use framework, to be coming from the Government. Many noble Lords think that this does not get mentioned enough. If we think about land use and abattoirs, this all needs to fit together in a systemic way, whatever model you think should apply. Obviously, I have views on that.
I want to cross-reference what I was doing in your Lordships’ House about 12 hours ago. I was talking about the climate emergency and the impact of rising temperatures. I note that in 2022, the Government produced guidance that animals should not be transported except in temperature-controlled environments when the temperature—or the perceived temperature, taking account of humidity—is higher than 30 degrees Celsius. That might not historically have been much of an issue in the UK, but it is only going to continue and become a larger issue if you are moving animals. The longer the distance, the more you are unable to do it in the cool hours of the day.
We need a much more localised food system, which means small independent farmers and small independent abattoirs. Five small abattoirs closed in 2024 alone, and the figure is down to 49 from 64 in 2019. There is a real issue here, but it must be looked at systemically in the round, not just as abattoirs on their own. We have a huge animal welfare issue here. We also need to think about workforce. I found some statistics suggesting that the average age of a slaughterer is 63.
My Lords, these Benches support the amendment moved by the noble Lord, Lord Lucas, and thank him for raising this. We also thank him for tabling this amendment in good time so that this Committee could consider it.
This amendment seeks to designate livestock markets and abattoirs as critical national infrastructure. This is not merely a technical adjustment but a vital step towards securing the future of our rural communities, ensuring robust food security and upholding the highest standards of animal welfare across our nation. The Liberal Democrats have been consistent about the critical importance of maintaining and investing in small abattoirs and local livestock markets. We see them not just as commercial facilities but as essential pillars for rural economies, fundamental to animal welfare and crucial for food traceability. They are the very backbone of our local food systems and they in turn enable ethical meat production, allowing for shorter supply chains and reduced food miles, about which we have heard something already.
We have heard from the noble Baroness, Lady Bennett, about the closure of small abattoirs: operations in England fell from 64 in 2019 to 49 in 2023. This has exacerbated pressures on our rural communities, leading to significant challenges—including thousands of farm animals being culled, with the meat unable to be sold due to a lack of workforce. I will not get into the Brexit legacy, but this is clearly part of that too. According to a 2022 Food Standards Agency report, small abattoirs are closing at the alarming rate of 10% per year and within a decade may disappear altogether. This is not just an economic loss but a profound waste and a blow to animal welfare, as animals often face longer and more stressful journeys to distant facilities.
In the House of Commons during the passage of this Bill, my honourable friend Sarah Dyke MP, whose family are sixth-generation farmers in Somerset, highlighted the impact of regulatory and cost pressures, such as the 20% rise in meat inspection fees, which disproportionately affect these vital facilities. We have consistently called for the replacement of the small abattoir fund, which was removed in November 2024, and have proposed a £1 billion addition to the farming budget to sustain and enhance these networks. Yes, it was all fully costed when we made this proposal, with revenue-raising measures. We even advocate for innovative solutions, such as authorising mobile slaughter units to improve access in remote areas.
The inclusion of abattoirs and livestock markets as critical infrastructure would provide them with the protection and longevity that they desperately need within future planning and development strategies. Our 2024 manifesto explicitly committed to:
“Investing in rural and coastal infrastructure and services, including local abattoirs”
and livestock markets, to bolster community resilience and food security and to support younger workers in rural areas. This underpins our commitment to a comprehensive new animal welfare Bill, which we would love to see, ensuring high animal welfare standards throughout the food supply chain.
This is about providing the stability and recognition that these essential facilities deserve. It is about more than just buildings. It is about safeguarding the livelihoods of our farmers, ensuring humane treatment for animals, and building a more resilient, transparent food system for all. Think of it as a circulatory system of our rural economy. The abattoirs and livestock markets are the vital arteries and veins. Without protecting this core infrastructure, the entire body of our farming sector, and local food supply, will struggle to thrive—or worse, begin to fail. By acting now, we can revitalise and safeguard our rural heartlands for the generations to come. I look forward to hearing the Minister’s response.
My Lords, I am very sympathetic to what the noble Baroness said but, rather like the noble Lord, Lord Grayling, I am not sure that another statutory body is the right way to deal with this. Thinking back to my experience in the NHS, I cannot think of the number because there have been so many whistleblowing initiatives. There have been edicts and circulars, and I think we have some legislation as well. But I think we would find it hard to say that we think the NHS has a culture in which whistleblowers feel confident to come forward; they do not.
The noble Baroness has raised an important question, which I hope the Government will consider. We need to start talking to the leaders of organisations to understand what the issue is in relation to whistleblowers. It is, of course, partly the point that the noble Lord, Lord Grayling, raised; sometimes whistleblowers can be awkward people and therefore have already built up a feeling against them. Sometimes they could be making trouble, but very often they are raising legitimate points.
Part of the problem is the punitive culture for senior managers in much of the public sector. Why do NHS chief execs discourage whistleblowing? It is because we have a punitive culture. The turnover rate of CEOs in the health service is frightening; it is so rapid. Somehow, to deal with whistleblowing, you have to look at a much wider issue of whether we set conditions in which leaders have greater freedom to develop and grow their organisations from the current micromanagement they often come under. We also need a culture in which, if CEOs really do encourage their staff to raise concerns, the system then does not come down.
There is clearly a tension. I am sure that many CEOs know that, in their hospital trusts at some point, there are unsafe services. They know they do not have enough clinical staff. The penalty for admitting it, however, is to have regulatory intervention and managerial intervention from above which basically says, “You get on with it. We are much more concerned about finance and throughput”. Unless we are realistic about why senior management does not encourage whistleblowers, the reality is that any of these kinds of initiatives will not be effective in the end.
My Lords, I briefly and with pleasure offer support for the noble Baroness, Lady Kramer, who is the House’s acknowledged expert and champion in the area of whistleblowing. Reacting to some of the comments made, the noble Baroness said she would prefer to see an overarching system rather than operating within the frame of this Bill. With the huge changes the Bill is potentially making, it is clearly very important that, if things are going wrong, we are able to see them and whistleblowers can safely speak out.
The noble Lord, Lord Hunt, raised the health service. It is useful to reference our earlier debate on the infected blood scandal. The noble Baroness, Lady Brinton, went through a very long list and ran on a theme she has long been running on; we have this cascade of continuing scandals and crises with all sorts of harrowing outcomes. I do not think she mentioned this, but issues such as sodium valproate and vaginal mesh are quite recent and possibly ongoing. There is a systemic problem with the structure of government and the way it is working. We are potentially giving the Government much more power here.
I want to fulfil my traditional Green role and add to the thoughts about the impact on the environment and when environmental issues go horribly wrong, as they potentially will. I note that since we were last in Committee the Government have brought in some changes to the highly controversial Part 3, which the noble Lord, Lord Grayling, referred to. In response to those changes, the Office for Environmental Protection has said:
“We are clear that even after the material amendments the Government proposes, the Bill would, in some respects, lower environmental protection on the face of the law”.
The OEP is saying that if we are lowering environmental protections, there is a real risk—“environment” usually means human health impacts as well—and environmental whistleblowers need to be able to speak up and point out what is happening. These are people from within organisations who may be the only ones who really know what is happening.
Finally, I thank the noble Baroness, Lady Kramer, for mentioning HS2 so that I do not have to.
My Lords, I thank the noble Baroness, Lady Kramer, for tabling this amendment. It is a clear and well-intentioned proposal that raises important questions about how individuals can share concerns relating to NSIPs. We on this side of the House recognise the value in exploring such concerns and that they are heard and addressed. Clarity in that process is undoubtedly important. However, at the same time the question of establishing independent bodies through amendments is not straightforward. There are practical and structural considerations that merit careful thought, particularly around proportionality, as my noble friend Lord Grayling mentioned.
I want to focus on what the noble Lord, Lord Hunt of Kings Heath, said: this is an issue of culture. No bureaucracy can overcome the wrong culture, and we need to fix the culture if we are genuinely going to have people listening to whistleblowers. So, while we welcome the opportunity for Ministers to set out how the concerns will be raised and responded to—and clarification will be helpful in understanding whether further mechanisms are needed—it will be most interesting to hear from the Minister how he will change the culture.
My Lords, it will probably not surprise the noble Lord, Lord Hunt, to know that I oppose his amendment. It is well known in your Lordships’ House that the Green Party opposes new nuclear power plants. Proponents of new nuclear power should be careful what they wish for and consider the whole issue of public consent and concern.
I commend the noble Lord on managing to get this amendment considered at an extremely timely moment, given that this week the Government are seeking to go ahead with Sizewell C. As the Financial Times notes, it is
“the costliest nuclear reactor in the world”
and will see the UK taxpayer bearing huge costs and risk, with government loans of £3.8 billion and a £36 billion loan from the National Wealth Fund.
I declare an interest in that I know many of the people who have opposed the Sizewell C project and, I have no doubt, will continue to do so. There are many reasons why they oppose it. Cost is the obvious one, but there are also the local environmental impacts and concerns about future security, sea level rise and water use—a whole list of things. Safety is a big issue that people have continuing concerns about with nuclear power; it is no wonder when you consider the list from Chernobyl to Fukushima to the continuing concerns regularly highlighted by the International Energy Agency about Zaporizhzhia in Ukraine. The public are very much concerned about trust and safety.
Many in your Lordships’ House are undoubtedly familiar with the phrase “policing with consent”. When we were discussing physician associates, I spoke about regulating with consent. What has happened since with the Leng review and the many concerns expressed showed that there was a problem when the previous Government went ahead without real consent and clear understanding within the health sector. If you are looking at nuclear power, those who propone it would want to see that there is construction with consent and reassurance of security. Taking away regulatory justification is not going to play very well.
My Lords, I listened with interest to the remarks of the noble Baroness, Lady Bennett, and I can assure her that, having heard last week from both the chairman and the chief executive of the Office for Nuclear Regulation, who appeared before the Industry and Regulators Committee on which I serve, I was very satisfied that their regulatory process and policy would more than satisfy the consumers and residents of the area of Suffolk near the Sizewell nuclear power station.
The secret of the amendment tabled by the noble Lord, Lord Hunt, is in its title:
“Removal of duplicative regulatory justification decisions”.
We do not need duplicative regulatory justification decisions if, in the singular, they protect the safety of the public to a sufficient degree. I was very satisfied by the answers to questions on safety that we received in our committee last week from the senior management of the ONR. I strongly support the amendment in the name of the noble Lord, Lord Hunt.
My Lords, I support the amendments in this group. I declare my interest as the owner of a listed building and thank the Heritage Alliance for its briefings.
Other noble Lords have already, much more eloquently than I could, put the problem of this clause to the Committee. I highlighted exactly the same quotes as the noble Lord, Lord Parkinson, from the Commons Committee stage, alongside the Minister in the other place saying that:
“We absolutely want to ensure a better process, with those bodies consulted and their concerns addressed”.—[Official Report, Commons, Planning and Infrastructure Bill Committee, 13/3/25; col. 219.]
It is not clear to me where in this clause and in all the changes that it makes those bodies concerned with heritage will be consulted and their concerns addressed. Therefore, I add my voice to those who have serious concerns with Clause 41.
My Lords, I share those concerns. The noble Lord, Lord Lansley, and others have forensically dissected this clause and demonstrated that it is, to use a technical term, a right mess.
Manor Castle is in Sheffield, for those who do not know. Sheffield is a city which has suffered enormously from the destruction of heritage, both industrial and earlier heritage. On this last day, I take your Lordships to August 1644, when there was a 10-day siege of Sheffield Castle. The castle fell. Having been held by the Royalists, it was besieged by the Parliamentarians, and Parliament—this place—ordered the castle to be destroyed. To add insult to injury, in the intervening period the castle market was built on top of the site. That has now been demolished and archaeology is being done on the site. The end point of this is a story from the last few months, when the archaeologists uncovered abatises—a word that I have just learned—which are sharpened branches that were put around the ditch by the defenders in an attempt to hold off the Parliamentarians.
This is not just a history story. This is a city that is uncovering an important, exciting piece of its past which has survived miraculously and against all odds. This is a story of how important discoveries such as this are to cities’ identities and local heritage is to the identity of a place. As the noble Baroness, Lady Pinnock, set out, we cannot allow centralisation and the taking away of local control, which might see us lose stories such as this.
My Lords, as we have heard, the Bill stands to disapply heritage regimes for transport infrastructure developments. There is, therefore, a risk that this could harm heritage assets without proper scrutiny and probably go further than the stated ambition of the Bill. I am therefore delighted to support Amendment 54 in the name of my noble friend Lady Pinnock, who has outlined the technical issues, as has the noble Lord, Lord Lansley, in talking about his amendment.
We all understand that building transport infrastructure is important to our economic growth. In particular, new public transport is important to support people moving away from cars where possible. However, we have got to make sure that, in building faster and more efficiently, we do not lose critical heritage. This amendment and debate are important because they flag the importance of recognising our architectural heritage and conserving the historic environment alongside the need for new infrastructure. It is a practical approach, and I urge the Government to support this small but, in some ways, significant change.
As we have already heard, in Committee in the Commons, the Minister acknowledged that these changes could have unintended consequences and committed to respond to concerns raised by my colleague Gideon Amos MP by Report—yet nothing has been forthcoming. No further comments were made by the Minister on Clause 41 during that debate. I await the response from the noble Lord the Minister to this important topic of our heritage assets and the answers to the many important questions that have been raised.
My Lords, I have Amendment 57C in this group, which proposes some alternative ways of solving the same problem, so I do not propose to go into it in great depth. The point of this debate is that this is something we should be moving to find a solution to because, although it us not particularly simple, it is not particularly difficult, either.
Many of us have come across simple cross-pavement charging arrangements, which people seem to be installing ad hoc. It would be a good idea if this became something that was regularised, because we want the street to be a properly controlled environment. On the other hand, we do not want to make it expensive or difficult for an individual householder to obtain what we intend to be a general provision. But, if we are looking at a system where a lot of people have this facility, we should also be looking at how we are going to manage parking in this space. There is not much good in having an electric charging facility if someone else has gone on holiday and left their van in the space you need to charge your vehicle. An efficient use of an electric charging system is that it is used by more than one person, so how will we enable householders to allow other people to charge in that space?
Neither of these are things with instant solutions, but, if we are looking ahead to a time where we all have electric vehicles—particularly people who live in flats or other arrangements where the parking outside the building is not going to be sufficient—how will we provide that? Can we provide it in a way which is better than the one we have at the moment, where, for one reason or another, mostly because it is provided by people who have no personal interest in the facility, the prices paid by people for on-street charging are very high? If someone has installed it for their own use, they are much less motivated to charge a huge price for someone else to use it. They are much more likely to say that any margin is a good margin. So I very much hope that we can look at democratising on-street charging. I am not saying it is easy, but I am saying it is something we need to make progress with.
My Lords, as the noble Baroness, Lady Pidgeon, said, my noble friend Lady Jones of Moulsecoomb signed a number of amendments in this group, so while noble Lords will know that I do not normally speak on transport, I am speaking on my noble friend’s behalf this afternoon.
I begin with the very interesting comment of the noble Lord, Lord Lucas: the efficient use of a charger would mean it being used by more than one person. I would go rather further than that and say that what we want is an efficient use of cars: them being used by more than one person. The practical reality, of course, is that most cars spend the vast amount of their time stationary, occupying public space when they are parked on the road. Coming to an arrangement is where Amendment 66, tabled by the noble Lady Baroness, Lady Pidgeon, comes in, requiring
“local planning authorities in England to publish and regularly update a three-year electric vehicle charging infrastructure plan”.
That charging infrastructure plan would ideally very much look at that car club kind of model, which could potentially free up large amounts of space in our cities to be put to much better use than simply being occupied by a stationary vehicle 96% of the time—that is the last figure I saw of the amount of time that cars are stationary.
It should be noted that my noble friend did not sign any of the cross-pavement charging solutions. I know that Caroline Russell, the Green London Assembly member, would not forgive me if I did not make the point that, whatever we say about charging across the pavement, the first priority has to be pedestrians, particularly vulnerable pedestrians. We must make sure that anything that is installed or allowed does not create even greater difficulties, on what is already a very difficult streetscape on many occasions, for pedestrians, particularly vulnerable pedestrians, with wheelchairs, buggies et cetera. I note, perhaps declaring an interest, that when I was in Camden I would regularly try not to trip over the electric cable that my boss at the time trailed out of his house and across the pavement out to his car on the street. Because he was my boss, I was not quite allowed to do anything about it.
I want to focus mostly on Amendments 64 and 67, which are about heavy goods vehicles. This is a crucial issue for the environment and for public health. At the moment, fewer than 1% of new HGVs sold are electric, and there are 500,000 HGVs in the British fleet. At the moment, they are emitting the equivalent of 20 megatonnes of CO2 equivalent per year—the same as 2 million homes. They are also particularly bad in terms of emissions of nitrogen oxides and particulate matter, which have very significant impacts on public health. That tends to particularly strike in poorer, more disadvantaged areas—think about the homes along busy main roads, which tend to be where people who already have poorer health live. There is also the point that EVs are much quieter, which has significant public health impacts, and they are also better to drive. One of the things we have in terms of HGVs is an ageing driving population, and something that is easier to drive is a significant issue there.
I also note that the Government currently have a plug-in truck grant, with a discount for those who purchase them of up to £25,000. There is a push there, and the Government are spending money on it, but what is lacking at the moment is the general charging infrastructure, and these two amendments seek to have a programme and to make sure that when new depots and other infrastructure is being built, they are covered. I note that at the moment there is still an issue about the speed of charging, but megawatt charging is on the way. When we come to later amendments that my noble friend also signed, we also have to think about the infrastructure of distribution of electricity, to make sure that it is able to cater to that very heavy demand. I think there are very strong arguments here for a concerted, planned and organised approach. What we have now is extremely ad hoc, and in far too many cases we are seeing people literally trailing a cord across the pavement, which is a really bad idea for all kinds of reasons.
My Lords, the fact that there are so many amendments on the issue of electric vehicles and electric HGVs shows, to my mind, that the Government have slightly missed a trick in not using the Bill as an opportunity to do more to roll out EVs and EV lorries and small vans, and on door-to-door delivery mechanisms, particularly as the targets and the timelines are coming up so quickly.
I hope the amendment will cause the Government to reflect on that and that more progress can be made in this Bill, because it is a real opportunity. It would be remiss of the Government not to seize it, because it lies at the heart of what they are trying to do in the stated purposes of the Bill. I very much welcome the amendments put forward by my noble friend Lady Pidgeon. I will speak particularly to Amendments 57 and 58, but I generally support all the amendments in this group.
Private cars are responsible for some 13% of the UK’s total CO2 emissions—some 60.2 million tonnes of CO2 equivalent in 2023. They are the largest single source within the transport sector, which as a whole is responsible for around 30% of our emissions. Road vehicles, including cars, make up the vast majority of them. Emissions from cars have been declining since 2005, but we still have a long way to go if we are to hit our climate targets, and the time we have to make these changes is fast running out.
The take-up of electric cars is, thankfully, growing. As of mid-2025, around 4% of the approximately 34 million registered cars on UK roads are EVs, totalling about 1.3 million. This goes up to about 7% if we include hybrid vehicles. The Climate Change Committee has been clear that we have further to go and need to do more. Rolling out EVs and making them affordable and practical is a key part of our pathway to net zero. We need to work together as politicians to make sure that we can overcome all the practical obstacles we have heard about, including the cost of affording the car in the first place. We need to make sure that, when people own these electric cars, they can afford to charge them and get the benefits that come only from being able to do so via their home charging points—at night and on a proper tariff that saves them money. If we do not do those things, people will just not make that transition away from petrol and diesel cars in time. We need to make those pull factors work for people. It is really important.
We have seen price reductions in the vehicles, increased government support and the continuing rollout of national charging infrastructure. Taken together, all these measures are helping to change consumers’ choices. We welcome the other efforts that the Government are making: the UK now has 73,000 public charging points—that is welcome—and the charging network rollout is helping to overcome some of the real fears with these things. The projection is that we could have 25 million EVs on UK roads by 2040. The biggest barriers to the take-up of EVs commonly cited are a lack of charging infrastructure, range anxiety—although that technology is improving—and the higher costs of running the cars. This is what we have talked about—making sure that people can plug them in at home.
We really welcome these amendments. It is not good enough that people are facing £3,000 of costs to get this planning stuff done and are waiting 12 to 15 months simply to run a cable across the pavement. As my noble friend said, 40% of people do not have a driveway at home, so cannot do this. This really needs to happen.
I also welcome all the amendments on HGV charging. This is particularly important for last-mile delivery and smaller-scale vans so that we can continue to tackle the scourge of air pollution, which is so damaging to our young people in particular and is such a radical cause of asthma. Luckily, we are beginning to see changes in that space.
We welcome these amendments and we think this really needs to happen. We encourage the Government to go away and think about how they can do more to bring about a joined-up policy on these issues through this Bill. There is more that can be done through the proposed legislation to help bring about the changes that we all want.
My Lords, it is a pleasure to follow the evident enthusiasm of the noble Lord, Lord Gascoigne, and I thank him for moving this amendment.
With an amendment with the headline of planting trees next to new roads, I have to begin by pointing out that, if you are talking about highways and so on, we should not be building new roads. All too often, we are destroying wonderful pieces of nature. I am thinking of standing beside a wonderful oak tree, which would have been a sapling when Elizabeth I was on the Throne, that was threatened by the Norwich link road, Western Link. Luckily, it appears to have been saved by barbastelle bats. Sometimes the bats do win.
Nonetheless, I very much support this amendment, and the noble Lord, Lord Gascoigne, has made the case for it strongly. I declare an interest, as we are talking about old times, as one of those campaigning to save Sheffield’s trees, which helped to highlight to the nation the benefits of street trees and how important they are to human health and well-being. That is what we are talking about here, as well as biodiversity and nature.
Given the time, I will say just one other thing. I think the noble Lord alluded to this, but it is worth stressing that when we think about trees and other plantings, we think that it is good for the trees, but it is absolutely crucial for other wildlife. We should be ensuring that roads are, as much as they can possibly be, wildlife corridors. Birds are the obvious thing to think about here, but many noble Lords will be aware of the phrase “insectageddon”. The populations at the base of our food web have been collapsing, and plantings beside roads and in urban areas should provide some sort of refuge and restoration here.
I referred previously to the fact that we are not meeting the legal target to reverse the decline in nature by 2030, which of course is in the Environment Act. I will just say one final thing. Noble Lords might be thinking that I am getting fairly small with insects, but I also want to focus on the importance of a rich microbial and fungal world. Just yesterday, the Society for the Protection of Underground Networks produced some really important work pointing out that very few fungal biodiversity hotspots are in protected areas, and we need to have a healthy environment. We need to think about all elements of life in the web in which all our bodies actually live. This is just a small step, but I think it is a very sensible and practical one.
My Lords, I really appreciate this amendment being tabled and the manner and the style in which it was presented. I welcome the noble Lord’s comments and speeches in this space.
Amendment 60 requires guidance around the planting of trees on highways to be issued within six months of the Act coming into force. As the noble Lord said, this does not require great expense. We feel that it is a helpful, useful measure. I absolutely agree with the noble Lord that this is not about development versus nature. Actually, we need both, and both need to be conjoined and considered together, because we, as people who live in the new developments, who need to thrive and not just survive, need these things to work. They are better for all of us. They reduce health inequalities, they make us happier and healthier, and they make our lives more pleasant.
One example came to my mind on this: the work that was done on the upgrade to the A14 between Cambridge and Huntingdon, which opened in 2020. As part of the upgrade programme, 850,000 saplings were planted by the Highways Agency. Unfortunately, it was done in extreme heat and in poor soils, as a result of which three-quarters of the trees—roughly half a million—that the Highways Agency planted died. They are being replanted, at a cost of £2.9 million, which raises an issue about how we replant nature. Again, I do not want to go into Part 3, but there are obviously issues with trying to replicate nature or move nature from one place to another, and this is a very stark example of that.
Going beyond that, local communities really got involved in this area and I want to thank them, because people went out and planted trees themselves, cared for and nurtured them, and did a great job in trying to put right some of the mess. Some of the trees that were planted were the wrong types of trees; they did not have enough soil around them, so they dried out; the soil they were planted in was bad; the saplings were too young—generally it was not very well done and the trees that were planted were not cared for and nurtured. What tends to happen is that there is a concentration on numbers—it is a numbers game. Every party had a tree-planting commitment in its manifesto—“My tree-planting commitment is bigger than yours”—and that is not what we need. We need trees to be cared for and nurtured.
I suggest politely to the Government that they should focus not on numbers planted but the numbers in five years’ time. How many trees, five years after the planting, actually survive and are counted? If there are not enough, more planting should be done. Trees are really important. This is a valuable opportunity for the Government to look at the strategies and for us to have a broader look at how we do this. So I really welcome this amendment.
My Lords, I am at risk of losing my carefully nurtured reputation as an environmentalist and a nature lover. This amendment was beautifully presented by my noble friend Lord Gascoigne, but perhaps somewhat extravagantly. We were told that having more trees would improve driving. Does anybody believe that? Just think what experiment you would have to conduct to be able to prove it.
Not every tree is as attractive as you might think. Right across the road from my front door, there is a mulberry tree. Most of the year it is survivable, but at the moment it is absolutely fatal. It is dropping its half-formed mulberries on the pavement, causing danger in every direction, as well as being terribly ugly. The householder was out today with a hose trying to sweep it off the pavement, I assume because he was worried about liability. Just around the corner we have some very fine plane trees in Queen’s Gate that must be 150 years old. They are aggressively pollarded. Why? It is because they suck so much water out of the clay that they cause subsidence in the houses adjacent. As it is the council’s liability if the street trees pull the houses down, to protect itself it pollards them aggressively to reduce water demand.
There is a right place for trees. Bedford Park in west London, built as a semi-rural extension, would look ridiculous without trees and of course must have them, but other fine Italianate terraces looking like palazzos are made ridiculous if you plant the odd sapling in the carriageway because you cannot fit it on the footway due to the voids under the pavement built to house coal. Everything must be judged very finely and at local level.
The idea here is that the source of wisdom on this should be a civil servant in MHCLG, producing guidance which includes, to my horror,
“standard designs, and planting palettes”.
What will that produce? It will be one ash, one poplar and one oak sapling—box ticked and that is the developer done. You will have the same trees planted in the same configuration in half the developments in the country. There are people who can produce guidance on trees, and I would encourage them to do so. There is a professional body representing local authority arboriculturists. People who really work with trees, know trees and have great affection for them have a great sensitivity to what is appropriate to plant in a particular location. Guidance from that source might be very sensible and valuable. I would encourage that, but not, I hope, box-ticking.
Let us have trees in the right places and remember that they are good in some places but bad in others. Let us have variety in the right place and perhaps fewer mulberry trees overhanging the footway, but let us not bureaucratise this with guidance from the ministry with little drawings.
I should declare that for the past year or so I have been working with the Horticultural Trades Association, which represents environmental horticulturists under the Industry and Parliament Trust scheme. The industry is very keen to improve the quality of planting. We have talked about housing, but I do not know if the noble Lord has seen, for example, the planting near warehouses or commercial estates. Far too often, there are one or two exotic species which have no value at all for wildlife. The Government could of course work with the industry and those experts to produce the guidance, so it would not just be them; it would be a co-operative effort.
That would be an indispensable approach, if this were to go ahead, but we are fundamentally forgetting local authorities and local planning departments in this. The arboriculturists to whom the noble Baroness refers are exactly the sort of people who should be involved and are the right source of information for this—more so than the Government. If the Government are to be involved, it should be at a very considerable distance from the whole process, offering encouragement, advice and light support rather than providing the guidance itself. Otherwise, I welcome everything else that my noble friend said and I am very happy to have a further discussion with him in due course.
I will speak briefly to the three amendments I have in this group.
Amendment 63 is about increasing solar panels on new transport infrastructure. This could include new or refurbished railway stations or rail lines, bus and tram stations and depots, major road building or upgrade projects, and other public transport hubs. As a country, we have so much to learn from others. For example, Switzerland has just started a new scheme of installing solar panels on the actual railways; PV panels will be rolled out like carpet between the tracks in one of their western cantons. Germany plans to install solar panels along motorways, tapping into 250,000 potential sites to boost renewable energy. France is trialling solar panels on its railway estate.
The European Commission, in a 2024 report, looked at the potential for the large-scale deployment of vertical solar panels on Europe’s major roads and railways. It concluded that the electricity generated from such PV installations would not only be cost-effective in electricity markets but serve as a viable alternative to fossil fuels in transportation. Tapping into solar PV energy along transport infrastructure can therefore significantly contribute to the EU’s energy transition, and we should do the same here in the UK. There are examples of good practice—at Second Reading, I mentioned Blackfriars and Denmark Hill railway stations—but we must do more, and that is why I tabled the amendment.
Amendment 106 is a requirement for all new car parks to include solar panels. As I highlighted at Second Reading, across the country there are vast expanses of roof space that sit idle, while exposed to sunlight. Installing solar panels on car parks could generate clean energy, reduce grid pressure and power local EV chargers directly. France has already mandated solar panels on large car parks. The Government’s recent consultation on solar panels feels like we are trying to catch up; this amendment will make that a reality, and I hope that the Minister will be able to support it.
Finally, Amendment 68 is about the prioritisation of electricity grid connections for EV charging infrastructure. This includes, as I discussed in an earlier group, the need for a focus on commercial as well as private vehicles. I thank the noble Baroness, Lady Jones of Moulsecoomb, although she is not in her place, for putting her name to this amendment. I look forward to the Minister’s response. I beg to move.
My Lords, I will again speak extremely briefly. As the noble Baroness, Lady Pidgeon, said, my noble friend Lady Jones of Moulsecoomb signed Amendments 68 and 106.
I already referred to Amendment 68 when discussing the need for the Government to ensure that the electricity network providers prioritise grid connections for electric vehicle charging infrastructure, particularly for freight. As I said in an earlier group, that is particularly important. It will potentially have a large draw on the grid, so this has to be planned from an early stage to make sure there is enough there to cater for HGVs.
If we were going to have a contest for the most popular amendment tabled to the Planning and Infrastructure Bill, I think Amendment 106 might be it. I have heard a number of people saying, “Don’t put solar panels on farmland, put them on car parks instead”. It is a pity we are doing this before the holidays, because, when we come back, many people will have undoubtably been in continental Europe. France, for example, has a rule that all new and existing car parks with more than 80 places must install solar panels. So, this is a very modest amendment, when you compare it to what France has legislated; this is only talking about new car parks. It is absolutely common sense about where we should be putting those solar panels, for all the practical reasons, in terms of the extra shade they provide, protection for cars and to meet the Government’s energy targets.