Planning and Infrastructure Bill

Baroness Grender Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Baroness Grender (LD)]

My Lords, the Government’s ambition to build more homes and infrastructure for our country is welcome. It is indeed time to get Britain building again. However, there is a danger in this Bill of council blaming and nature blaming, which ignores recent history.

According to the CPRE, a staggering 1.2 million homes given planning permission since 2015 have not been built. This highlights that the problem is not always the blockers in communities but is often the developers, who are banking land and failing to build. Although we strongly support the aspiration of 1.5 million new homes in this Bill, regrettably, it does not include any explicit target for the building of 150,000 social homes per year—a vital commitment in our own manifesto. How can we truly tackle the housing emergency and get families out of the insecurity of temporary accommodation without addressing the dire lack of genuinely affordable homes that are tied to local incomes?

We are deeply concerned that this Bill continues with the overcentralised, developer-led approach that has demonstrably failed to deliver. It undermines the independence of local government and deprives communities of their stake in development. Local councils, as the backbone of our planning system, are not the blockers: they approve the vast majority—86%—of applications that come their way. Sweeping powers for the Secretary of State, such as on determining which planning functions are delegated and on reducing the objection period for transport projects, will shut communities out of decisions that have a profound impact on their lives. We must ensure that local councils, not Whitehall, decide which applications go to committee, maintaining the democratic right for communities to be heard and represented.

On Part 3 of the Bill, although the concepts of environmental development plans and a nature restoration levy are noted, their success is highly dependent on substantial up-front funding. We have very serious concerns, for Committee stage, about Natural England’s capacity and resources to monitor and enforce this fund effectively.

This is a missed opportunity for mandating nature-friendly development in all new housing, including minimum biodiversity measures such as swift boxes, bat boxes and green roofs, including solar. It also fails to adequately strengthen protection for irreplaceable habitats such as our precious chalk streams. We will seek to amend to improve farming business viability through better use of environmental land management. We owe it to future generations to ensure that our planning system is sustainable, genuinely affordable and democratically accountable, enabling our communities to thrive and to enjoy nature, not diminish it.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Committee stage
Thursday 24th July 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

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.

[Baroness Grender (LD)]

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.

[Lord Roborough (Con)]

My Lords, I also support Amendment 50 in the name of my noble friend Lord Lucas, which would recognise livestock markets and abattoirs as critical national infrastructure. I draw the Committee’s attention to my register of interests, in particular as a dairy and livestock farmer. This amendment, if passed, would lay the foundation for a new, modernised network of these vital rural services—positions with proper transport links, outside of town centres, and designed to ensure that animals are dealt with humanely, locally and profitably.

As others have pointed out, the abattoir sector is in crisis. In 2023, just 60 small abattoirs remained operational in the UK. That number is falling at 10% per annum, as the noble Baroness, Lady Grender, mentions. At that rate, these essential businesses could vanish entirely. This would be disastrous for rural communities, food security and animal welfare.

Over 90% of abattoirs have closed in the past 50 years. Family farms face round trips of over 100 miles to slaughter just a handful of animals. It is inefficient and undermines the very animal welfare standards that we seek to uphold. However, it is more than just a logistical problem; it is a threat to the viability of local farming and the vitality of our regional food systems. A resilient, shorter and more farmer-focused supply chain demands a well-distributed network of small abattoirs, local butchers and livestock markets. These businesses form the bedrock of local food infrastructure. They offer private kill services for farmers who wish to add value, by marketing directly to consumers, and they provide an essential lifeline to farmers breeding rare or native breeds that larger processors often cannot or will not accommodate.

Two-thirds of livestock farmers report difficulty accessing appropriate abattoir services and one-third say that their nearest abattoir has already closed. Small abattoirs in particular are struggling to survive: they face rising energy costs, increased national insurance contributions and a regulatory system that is disproportionately burdensome. The rules are designed with large-scale processors in mind, not the nuance of a local operation handling a few thousand livestock units a year.

Our previous Conservative Government introduced the small abattoir fund to help these small businesses modernise and alleviate costs. Disappointingly, the current Labour Government chose to cancel it, sending entirely the wrong message to the rural economy after the family farms death tax and the abrupt cancellation of sustainable farming incentive applications.

Livestock markets are also disappearing from market towns. These are an essential part of rural life, where farmers and other rural inhabitants can come together, generating real social cohesion and a shared sense of community. If this Government are serious about rural resilience, food security and animal welfare, they should look to support the amendment in the name of my noble friend Lord Lucas. It would provide abattoirs with the planning status that they need to invest, modernise and survive. It would allow new facilities to be built with appropriate infrastructure and make it clear that local food systems matter just as much as energy or transport. Livestock markets will ensure that communities can continue to bond on market days.

This amendment speaks to a wider issue in our national life, where traditional social infrastructure is made uneconomic through burdensome regulation. Large, impersonal businesses are able to cope with this far better than small ones. I urge the Government to consider, in all legislation and regulation, how they can encourage and empower these community businesses to thrive.

--- Later in debate ---

[Lord Lucas (Con)]

My Lords, I have Amendment 61 in this group. Its purpose follows on from what my noble friend Lord Gascoigne said: namely, that we have not built a new reservoir for a long time. The intention of the amendment is to give the Government the power to change that—to make things happen.

I would hope that the existence of such a power would mean that things happen anyway, but we need the ability to shift things onwards and to get out of the situation we are building ourselves into. We want to put in another 1.5 million houses but have no way of supplying them with water, particularly in some bits of the country that would actually welcome additional houses. It is important to get over whatever the blockage is and it would be a good idea to give the Government a bit of dynamite to do this.

I am delighted that Tideway has come in on budget. Perhaps the noble Lord could introduce whoever is responsible for that to whoever is responsible for the doors here.

[Baroness Grender (LD)]

My Lords, as we consider the challenge of water security, we all feel the urgency. Demand is rising, our climate is changing and not a single new major reservoir has been completed in over three decades, as we have already heard. Yet pursuing a one-size-fits-all solution rarely serves us well, especially regarding water storage and distribution. I particularly thank the noble Lords, Lord Gascoigne and Lord Lucas, for inspiring this discussion and debate.

There is consensus on building new reservoirs, but this cannot be done in isolation. Proper investment from water companies is essential, particularly in tackling leaks and improving demand management so that we use water more wisely, even as we boost supply. This is not either/or; it must be both. Yesterday, in the Statement regarding the Independent Water Commission, the full implication of the broken infrastructure that has led to so much water going to waste was laid down very clearly.

It is tempting to focus on grand, large-scale projects, but we should make space for smaller, locally led interventions that reflect the needs and fabric of our communities. Alongside ambitious infrastructure, a programme of carefully sited small and medium reservoirs, delivered in partnership with farmers, landowners and councils, can speed up progress, reduce environmental barriers and, most importantly, engage local people. We have heard not just from experts but from communities themselves that local schemes such as Slow the Flow projects, natural dams and catchment-based storage bring added benefit for flood mitigation and biodiversity, not just water supply. These nature-friendly solutions must be championed alongside larger reservoirs.

However local schemes alone are not enough. We must pair them with strategic national thinking. Regions with water surpluses should be able to support those facing deficit—a modern, integrated network for water transfer. I ask noble Lords to bear with me, because this is a little complicated. The National Infrastructure Commission, which was replaced by the National Infrastructure and Service Transformation Authority in April 2025, was praised by the National Audit Office for its proposals, which constituted a positive cost-benefit case for establishing a network of strategic transfers of water—a transfer system that enables us to balance supply across the country, smoothing out regional disparities and providing resilience against drought and flooding. The recent Commons Library briefing, Future Water Resources, highlights several proposed intercompany transfers, such as Thames Water to Southern Water—120 megalitres a day—demonstrating that active steps can be and are already being undertaken. Alongside large and small reservoirs, these transfer schemes are truly integral to future-proofing our water supply and reducing the risk of shortages.

Turning to the amendments before us, Amendment 59, in the name of the noble Baroness, Lady Coffey, proposes removing the size and complexity test for new water infrastructure to focus solely on the value for money test. But, as Ofwat’s current regulations set out, that test ensures that projects do not threaten a water company’s fundamental service to customers. Given the sector’s current state, we should tread carefully before removing this safeguard. A more prudent path may be to consider government co-funding models, such as that now being used for nuclear, if projects exceed what companies can realistically deliver and are in jeopardy of providing a poor or totally broken service—or further broken, should I say—to consumers.

Amendment 61, in the name of the noble Lord, Lord Lucas, would hand powers to the Secretary of State to dictate timelines and, crucially, permit bypassing planning controls. While there is much in the amendment that we read with interest, I worry in particular about proposed new subsection (3)(b), which is a significant centralisation of power. Yes, there has been an unacceptable delay in reservoir construction, but concentrating such powers is unlikely to foster better outcomes. Proper local engagement, as we all made very clear in our Second Reading speeches, and scrutiny need to be balanced and are vital partners to each other.

Amendment 62, tabled by the noble Baroness, Lady McIntosh of Pickering, aligns more closely with the objectives on these Benches. I look forward to hearing the Minister’s response to the compelling arguments that were made on the noble Baroness’s behalf.

Above all, we must ensure that interventions, whether mighty reservoirs or smaller, community-scale schemes, work for people and for nature, and are delivered with transparency, accountability and genuine urgency. I hope the Minister will clarify the Government’s support for small reservoirs and for a robust water transfer network, so that every region and every customer in every region can feel protected, valued and heard.

[Lord Lansley (Con)]

My Lords, I intervene in this group to flag up a couple of points. I thank my noble friend Lord Gascoigne for introducing Amendment 59, which makes an interesting point.

In response to the noble Baroness, Lady Grender, the size and complexity threshold test is about assessing whether an infrastructure project is of such size or complexity that the water undertaking cannot manage it or, if it attempts to manage it, it might prejudice its financial ability to meet its obligations to customers. Actually, under current circumstances, we have reached the point where many water undertakers may not have the capacity to undertake infrastructure projects in the way we expected in the past. We know that there was a substantial period when they did manage investment and they increased investment in the water industry, but in more recent years they have not done so and there is considerable risk to their ability to undertake the infrastructure projects we are looking for.

We should not be surprised that that is the case. Take Anglian Water, which is not among the most prejudiced of the water companies at the moment. I was very interested to attend a presentation about Anglian Water’s proposals for the Fens reservoir. It was fascinating, positive and optimistic. Then, in response to a question, Anglian Water mentioned that it is not going to own it. Somebody else will own it, and we do not know who.

So we have to be aware that there is substantial uncertainty about how we will fund much of this infrastructure, but the most important thing was mentioned by my noble friend Lord Gascoigne in moving Amendment 59. The amendment is about which projects should go out to competitive tender. That is all it really tells us. The answer ought to be: if it will secure value for money—indeed, if there is potential for independent financing which, as he said, can be more cost-effectively delivered, and we know that the risk premium on the water undertakings themselves is making their borrowing more expensive than what may well be available through other sources of financing —then we should go down that path. The size and complexity threshold test is unhelpful, gets in the way and creates serious impediments to getting on with infrastructure projects.

Of course, the amendment is not deliverable. It does not deliver the objective in its own right. One would have to substantially change Section 36 and other sections of the Water Act 1991 to achieve the objective, because the regulation derives its power from the primary legislation. We need to look at the Water Act 1991 in substance to achieve that on Report.

What my noble friend Lord Lucas’s amendment says is helpful. When one looks at what it is that governs the delivery of reservoirs, as far as I can tell the Reservoirs Act 1975 basically says that it ought to be done by an appropriately approved construction engineer. That is pretty much it. There is a great deal that should be added to what is required in order to secure reservoir development.

I have two other points to make. The first is that Amendment 62 from the noble Baroness, Lady McIntosh, raises a more significant point than the amendment itself says. We are aiming to secure what we need in terms of water supply. I remind noble Lords of my interests in the Cambridgeshire Development Forum and the Oxfordshire Development Forum, which of course means that two reservoirs—the Fens reservoir and the Lincolnshire reservoir—are relevant, as well as the Grand Union Canal project and related activity to try to supply the east of England. We are in a position at the moment where, by 2050, we will have a deficit in water supply equivalent to a third of our present use. That is the degree of stress that we are looking at and therefore need demand management to be substantially improved and the supply to be improved.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Committee stage
Thursday 4th September 2025 Lords Chamber

[Baroness Willis of Summertown (CB)]

My Lords, I declare an interest as noted in the register, as chair for Peers for the Planet. I am delighted to add my name in support of Amendments 108 and 109, tabled by the noble Baroness, Lady McIntosh. I also support the other amendments in this group, all of which come together on a core purpose to strengthen our resilience to flooding through the planning system. I particularly support Amendment 135B, which seems really sensible.

It is hard to believe we are having this discussion as we have just come through a summer of heatwaves. However, as we all know, and as we have already heard from the noble Baronesses, Lady McIntosh and Lady Bennett, flooding is becoming increasingly common and all the predictions on it are very scary when you look at them. We see this year in and year out, and it is increasingly costly to the UK. We have heard about the cost involved, but it is not only housing that is impacted. The increased flood risk has an impact on all aspects of urban infrastructure. Some 38% of all roads in England are currently at risk of flooding, as are 37% of all railways, 34% of all water pumping stations and sewage treatment plants, and 59% of grade 1 agricultural land. This is not just a housebuilding issue; it is an issue for the whole urban infrastructure.

To flag up another issue that has not been mentioned, it has not only economic risks and risks to lives and livelihoods, but risks to health. There is now a lot of research that shows that flooding can cause long-lasting mental health conditions such as anxiety, depression and PTSD, and all these add a burden to the health budget, as well as everything else.

We have heard from many—and we have even heard from the Climate Change Committee—that it is critical that we build mitigation strategies into our land management policies. This is where the issue comes in. We have natural capital assets in this country that are perfectly adapted for fulfilling this role, and it is in the name: flood plains—they have been here for hundreds, if not thousands, of years to do this role. It was highlighted in the Government’s own 2024 State Of Natural Capital Report, in which they made the point that they recognize them as crucial natural capital assets for flood management by storing and slowing water flows. The Office for National Statistics natural capital accounts in 2024 also recognised their value. For example, the total asset value of natural capital in England was estimated at £1.4 trillion. It did not disaggregate the flood plains, but it explicitly noted that wetlands and flood plains are a significant part of these natural capital assets, contributing to this cost through regulating services and risk reduction. Not only does housebuilding impact hugely on the people whose houses are flooded, but by building on the flood plains we are taking away our one natural way of maintaining and enhancing our resilience to flooding.

What is wrong with the planning system? I keep hearing about the National Planning Policy Framework, and I keep being told, “It’s all right, it’s covered in the NPPF”. This time, I went back through it in detail to see what it is in the NPPF that is going to allow us to stop building on flood plains. Of course, the problem is that it is guidance; it is not mandatory. It does not stop people from going ahead and building. As we heard from the noble Baroness, Lady McIntosh, the report by Localis showed in 2024 that over 7,000 dwellings are currently in the planning pipeline for areas with an existing very high risk of flooding—that is over 7,000 houses. When they flood, should we be surprised? Over 1,600 dwellings have already been given planning permission in the first half of 2024.

Despite the precautions and people saying, “It’s fine, they’re covered in the NPPF”, there is no existing law against granting planning permission for and the construction of homes on the flood plain. Even the Environment Agency advice has been ignored in the building of these houses.

There is a big problem here. I do not think the legislation or guidance we currently have is being adhered to, and the problem is going to get only worse. If we are going to build on the flood plain, we absolutely have to put in some of these mitigation measures so eloquently described in this amendment by the noble Baroness, Lady McIntosh. I support these amendments wholeheartedly.

As one last point, I welcome—as I am sure we all do—the increased government investment of £2.65 billion to protect communities from flooding, which was announced earlier this year. That is fantastic, but it does not make sense to have that being pulled in the opposite direction of the legislation we have for housebuilding on flood plains.

To conclude, we need much firmer legislation to prevent the building of houses on flood plains. If there really are no alternatives, we also must have legislation which means that the houses built are able to withstand the flooding that will happen. Let us be honest about it—it is not if, it is when.

[Baroness Grender (LD)]

My Lords, the three amendments in my name in this group are particularly focused on the pressing issue of flood risk. I thank other noble Lords who have tabled amendments in this group raising this all-important issue. This is not an abstract problem but one that devastates families, undermines communities and is set to worsen dramatically as our climate continues to change.

These amendments were originally raised in the House of Commons by Helen Morgan MP, Member for North Shropshire, one of England’s most rural and flood-hit constituencies. She has taken the initiative, along with the noble Baroness, Lady McIntosh, of setting up a new All-Party Group on Flooding and Flooded Communities. She has rightly recognised that flood risk demands urgent solutions. Her determination to give voice to people living in constant fear of floods and repeat flooding is bringing national attention to a critical issue affecting homes and livelihoods and blighting communities.

I thank the noble Baroness, Lady Willis, for her support on Amendment 135B. It seeks to solve a problem raised by the noble Baroness by bringing paragraph 11 of the National Planning Policy Framework, advice that currently stands only as guidance, on to the statute book. Under this amendment, when considering an application for development consent, a local planning authority would be obliged to assess whether that development might increase flood risk or reduce flood mitigation for neighbouring properties or land.

This amendment would help prevent the frankly indefensible practices we have already heard about of building on flood plains, and it would ensure that drainage systems be properly accounted for in new developments. Too often, these systems—whether attenuation ponds or so-called sustainable drainage systems, or SUDS—are left unadopted and therefore unmaintained, or are simply inadequate to begin with. Of course, we all understand and recognise that local authorities, under extraordinary financial pressure, are rarely in a position to enforce standards strongly, especially when the NPPF is merely guidance, as we have already heard, rather than enforceable law. This would help protect communities from situations where drainage systems are not up to standard and are left unadopted, including by water companies. In north Shropshire, for example, there have been multiple new developments which, despite having SUDS in place and, usually, as I have mentioned before, an attenuation pond, have in turn caused flooding to the existing neighbouring properties.

This amendment also links directly to an excellent proposal in the House of Commons by Gideon Amos MP, Member for Taunton and Wellington, which would bring into force Schedule 4 to the Flood and Water Management Act 2010. This would make water companies statutory consultees in the planning system, ensuring their expertise and infrastructure responsibilities are considered when future developments are approved.

If we want to protect new home owners, this is common sense. We know that water companies have often struggled with capacity, so excluding them from the table during the planning process is a recipe for yet more flooded homes. This approach protects these new home buyers from the risk of facing flooded homes and inadequate sewage systems, including raw sewage backing up in gardens and downstairs toilets.

Amendment 227A turns to the resilience of new homes. I thank the noble Baroness, Lady Bennett, for her excellent historical example. Changes to the climate will result in more intense and regular flooding throughout the country. We heard from the noble Baroness, Lady McIntosh, about surface flooding, a new and dangerous phenomenon that already affects at least 3.4 million properties, making it one of the most significant growing threats to our communities. We have also heard the Environment Agency’s warnings about that.

Amendment 227A proposes that, within six months of the Bill becoming law, the Secretary of State would make regulations under the Building Act 1984 requiring property flood resilience measures in all new builds. These measures are not futuristic; they are simple, practical and already well known to the development sector. They include raised electrical sockets, non-return valves, resilient wall plaster and flood-adapted air bricks. These can make the difference between needing a full year of rebuilding and the home being liveable again in literally a matter of weeks—it is that much of a difference.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Baroness Coffey (Con)]

My Lords, my noble friend Lord Lucas, who has just spoken, is absolutely right that starting with perhaps good intentions but firm foundations is absolutely critical to make sure that we have nature at the heart of every community as we develop the 1.5 million new homes that the Government intend to deliver before the end of this Parliament.

I particularly commend the amendments tabled by the noble Baroness, Lady Willis of Summertown. There has rightly been a reference to blue space. I actually came up with the concept in the Environmental Improvement Plan 2023. There are a few factors behind that, relevant to what other noble Lords have mentioned today. Perhaps it is about rivers; it is certainly about sustainable drainage and thinking about how the ponds in new estates can be truly made into environmental oases.

One of the big inspirations was when I visited the Canal & River Trust, where we discussed its activities in Birmingham. As we know, there are more canals in Birmingham than there are in the entirety of Venice, yet the interaction between residents there and their canals was minimal. People would often be living in pretty high blocks, without any exposure to nature. There was an opportunity to think about how we develop what you have, and about the fact that, in certain cities—Birmingham not being the best example—there is a complete desert of parks, while there are plenty of other cities that have designed parks in over the years. Instead of relying on an NPPF that can literally be changed at the stroke of a pen by a Minister from one reshuffle to the next, it is vital to make sure this is set firmly in legislative considerations.

Proposed new subsection (b) in Amendment 121, tabled by the noble Baroness, Lady Miller of Chilthorne Domer, would make sure that green spaces are maintained. There is nothing worse than such places not being properly looked after. We see it already with areas not being watered, and so things end up dying, which is not inspiring for anybody.

The noble Lord, Lord Crisp, referred to social prescribing. I intended to speak to that in later groups, but what he said was right. As has already been pointed out eloquently, the science is there. The noble Baroness, Lady Willis of Summertown, has set this out comprehensively. I first met the noble Baroness when she was director of science at Kew gardens, and we had some wonderful back and forth exchanges.

There are a couple of things worth considering. My noble friend Lady Fookes is right to talk about regulation, but I am worried we end up overregulating and almost missing the point—literally not seeing the wood for the trees. I intend to speak more on that in group 6.

The noble Baroness, Lady Young of Old Scone, branched out into considering trees. It would be very helpful to have that paper from the Woodland Trust shared. Communities are about setting roots, but we do not want tree roots literally uprooting homes. That is an important factor for councils to consider. I commend the long-standing policy of Liverpool City Council, which plants lots of trees in planters underground. Then, when the trees mature, the council lifts them out of the ground, takes them off to a park and replants them there, so they are not damaging the infrastructure that has been designed to facilitate the rest of the neighbourhood. It is also vital that trees do not block light or interfere with telecommunications and the like.

Having heard this in both Houses, it is really important that the Government proactively consider how this matter comes back on Report. I know that if it does not go through this time, we will come back again when we get to the next local government Bill about community empowerment. We know from all the protests, rightly, that communities value this sort of infrastructure and want it to be developed. It is about the one thing that most communities agree on around development, which is why it is important that we get amendments appropriately tabled by the Government at the next stage.

[Baroness Grender (LD)]

My Lords, I speak to my own Amendment 194 in this group, at the end—or heading towards the end—of what has been an incredibly impassioned debate with very little disagreement about the broad principles in every one of these amendments. It is an extremely good group of amendments. I thank particularly the noble Baroness, Lady Bennett of Manor Castle, and the noble Lord, Lord Carlile of Berriew, for their support for my Amendment 194.

This new clause would ensure that development corporations include provision for green spaces in all new developments. As we have heard so much in this discussion, green spaces are not just an optional extra, they are an essential part of infrastructure. They are an essential part of delivering healthy, sustainable, happy, fulfilled communities. This amendment was originally tabled by my colleague in the House of Commons, Gideon Amos, the MP for Taunton and Wellington. It requires that green infrastructure is planned alongside traditional facilities that we think about, such as GPs, transport, and water connections. Development corporations must ensure that green spaces are included and, as the noble Baroness, Lady Coffey, has just referenced, properly maintained. From private gardens and balconies to community gardens, this is not just about planting trees. This is about creating lasting accessible space for everyone and making sure that our communities do not have to fight for every single square inch of that greenery.

We have already heard much about the findings from Natural England, that we can reduce the need for GP appointments by 28%. The noble Baroness, Lady Fookes, gave an impassioned and convincing speech, and I can confirm to her that it was the National Institutes of Health which identified that acute hospital patients feel better and leave sooner if they have greenery just outside their window, let alone a hospital garden. So there is direct evidence and we heard much of it from the noble Baroness, Lady Willis, and I thank her for that.

Given how much we have heard, I will cut out quite a lot of the speech I prepared on this amendment. I strongly support what the noble Baroness, Lady Bennett, suggested. There is a huge amount of consensus in this group of amendments. It seems that there is potential for us to work together and possibly—and I am looking at whichever Minister is summating for us—getting together with the relevant Ministers and seeing whether we can find some way of ensuring that this is not merely a nice to have but an essential, integral part of infrastructure.

Finally, I refer back to the lovely ducks that were so supportive outside the window of the noble Baroness, Lady Fookes, when she was very ill. Let us get our ducks in a row. Let us get together and see whether we can drive this forward as a united Chamber.

[Baroness Scott of Bybrook (Con)]

My Lords, these amendments, in different ways, all concern the provision of green and blue spaces. Amendment 121, tabled by the noble Baroness, Lady Miller of Chilthorne Domer, raises the vital issue of whether minimum requirements for green space should be set in new housing developments. I ask the Minister whether the Government are considering such a standard and, if so, whether it would vary between urban and rural contexts.

Amendment 138 in the name of my noble friend Lord Gascoigne invites us to consider whether the current breadth of strategic provision under the spatial development strategies is sufficient in respect of green spaces and allotments. Do the Government accept that the definition may be too narrow, and if so, are they minded to expand it to give strategic planning authorities more flexibility to deliver for their residents?

Planning and Infrastructure Bill

Baroness Grender Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Lord Fuller (Con)]

My Lords, I am gravely concerned. Normally, of course, I agree wholeheartedly with my noble friend Lady Coffey, and perhaps I have misread her amendment, in which case I apologise, and she will correct me in the winding. In the evidence that the chief executive of Natural England gave to your Lordships’ Built Environment Committee 18 months ago, she said that it had no regard whatever for economic growth in determining its position on development proposals; it was purely, solely and entirely for environmental purposes. Of course, if growth is the principal and number one objective of this Government, these things need to be balanced. So the amendment puts a touching faith in the professionalism of Natural England, which, as I think we will discover next week, may be misplaced.

Natural England, in its provision of EDPs, as I read in the Bill, will be given monopoly powers to be a monopoly regulator, a monopoly provider and a monopoly price-maker of environmental schemes in this country. These EDPs, as I see it, could conceptually be 100 different EDPs on a national basis for 100 different species, each of which may be in a less favourable condition, or so forth.

If the experience of nutrient neutrality is anything to go by, it will take Natural England years to come up with mitigating programmes. That is what it has done, and in some parts of the country we are still waiting. So I have no faith that Natural England, vested as it will be in Part 3 of the Bill, will be prompt and complete in its provision of EDPs.

As I read this amendment, I see that it will be an excuse for local authorities not to grant an otherwise appropriate permission, which would in normal cases sail through because every other obligation and stipulation has been met. So I think we can contemplate that this could not only gum up and slow down the development, but there is a second problem. The risk is that the developer may have made his own inquiries and found his own local solution to a particular local requirement for an especially local problem, whether for species, environmental ecology, or whatever. I can see that the consequence of this amendment would be that he might have to pay three times: once for the delay, once for his own mitigation, which in so far as he or any reasonable person is concerned meets all the regulations, and another time to wait for the EDP, which may or may not be coming from Natural England in a prompt situation.

I am really concerned about this amendment. I do not believe that Natural England is the appropriate body to do this. If the Government take a different view, that is their prerogative. But we should not vest in Natural England monopoly powers that cut out private provision, private delivery, and especially local delivery, and sacrifice them on the altar of some national scheme at hugely inflated values.

[Baroness Grender (LD)]

My Lords, I thank the noble Baroness, Lady Coffey, for ensuring that one person is watching tonight—it is much appreciated—and the noble Lord, Lord Lucas, for raising interesting debates regarding Amendments 135A, 135F and 253A in the context of biodiversity protections through environmental delivery plans, or EDPs, and the capture and use of that data.

EDPs must do more than simply mitigate harm. They must require the active protection and enhancement of biodiversity, with clear enforceable timetables and measurable outcomes. Our concern is that EDPs risk becoming instruments of offsetting impact rather than delivering real local environmental recovery. We need a strong legal framework that prevents development-related damage to irreplaceable habitats, such as ancient woodlands and chalk streams, and makes sure these habitats receive the highest protection in planning decisions.

We welcome these amendments and look forward to some level of timetabling and monitoring in EDPs and the introduction of an overall improvement test seeking to ensure that conservation gains significantly outweigh harm. However, for us, questions remain about whether the provisions are sufficient in practice to guarantee meaningful biodiversity outcomes. The reliance on compensation rather than upfront prevention remains a concern, as does the limited timeframe for public scrutiny of EDPs. We all in this Committee note that Part 3 includes new measures on EDPs, including, as discussed, powers for Natural England to oversee and design conservation strategies, but it is still unclear how these changes will translate into on the ground improvements or prevent the loss of vulnerable habitats.

The hour is late, but it would be useful if the Minister could tell us to what extent these recent changes to Part 3 address the deep concerns about EDPs being used as a compromise rather than a solution. Will we see stronger enforcement, longer public consultations and better integration of biodiversity data into our planning decisions?

EDPs that guarantee biodiversity need to ensure that our natural heritage is a foundation, not a casualty, of sustainable development. I welcome this debate, therefore, and look forward to clarification—if not tonight then certainly when we debate Part 3 next week—to ensure that the Bill delivers the nature protections that we all believe this country urgently needs.

[Lord Lansley (Con)]

My Lords, it seems to me that we are getting ahead of ourselves. We are yet to reach Part 3, but these seem to be mostly considerations relating to the content of Part 3 and how the environmental delivery plans and the nature restoration levy are intended to work.

I understood my noble friend Lady Coffey’s amendment to be grouped where it is and say what it does because nowhere in Part 3 is there something that otherwise tells us how the making of an environmental delivery plan affects a local planning authority in making its decisions. It seemed to me that she had tabled a rather useful amendment that did precisely that.

I do not think it is relevant whether a developer has to pay the levy or not. It can request to pay the levy, or, as we can see in Clause 66 and Schedule 4, Natural England can make it mandatory that it pays the levy. Either way, it does not really matter. The point is that, if the environmental delivery plan is made, a local authority should clearly take it into account in determining any planning permission, in the same way as it would be required to have regard to all the legislation relating to protected sites and protected species. Schedule 4 simply tells us that when the local authority makes planning decisions it may disregard them because there is an environmental delivery plan in place. What my noble friend Lady Coffey is saying would be at least a useful addition, in a technical sense, to the Bill.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Committee stage
Thursday 11th September 2025 Lords Chamber

Moved by

[Baroness Grender]

157: After Clause 52, insert the following new Clause—
“Identification and protection of green belt(1) Within two years of the passing of this Act, a local planning authority must identify land within its area which it is necessary to protect from development.(2) It is necessary to protect land from development under subsection (1) if such protection would—(a) limit the expansion of large built-up areas;(b) prevent neighbouring towns merging into one another;(c) preserve the setting and special character of historic towns;(d) encourage the development of previously-developed land in urban areas. (3) A local planning authority may designate as green belt any land identified under subsection (1) as necessary to protect, including undeveloped land within, and green wedges of land that extend into, built up areas.(4) A local planning authority must prevent any development of land designated as green belt under this section for a minimum period of 20 years starting on the day on which it is so designated.”Member’s explanatory statement
This new clause would ensure that a local planning authority can identify land which it deems necessary to protect from development.

[Baroness Grender (LD)]

My Lords, I thank the noble Baroness, Lady Bennett of Manor Castle, for putting her name to my Amendment 157. This amendment seeks to provide local planning authorities with a clear duty and power to protect land that plays a vital role in both shaping our environment and defining our communities. It would require councils to identify within two years the land most in need of protection and, crucially, would offer long-term certainty through its designation as green belt for the next 20 years. We on these Benches recognise that the Government have set out their plans for the green belt in the NPPF, but where we differ is on the freedom of local authorities to release green-belt land.

The character of our towns, villages and countryside is at stake. The green belt has long served as a safeguard against the unrestrained spread of our cities. Without it, the pressure for housing demand and speculative development risks turning neighbouring towns into single sprawling conurbations. Local distinctiveness would be lost, with cherished historic towns increasingly subsumed by continuous development. I welcome Amendment 215 in this group, from the noble Baroness, Lady Hodgson of Abinger, which sets out a similar objective. Preserving the gaps between towns helps maintain not only their character but their identity and community. The Minister—who is not in her place—fully understands this, given the protections around her own new town of Stevenage.

This amendment tries to set out a quid pro quo, in effect, for green-belt release, identifying new areas and protecting them over a long period. The amendment is pragmatic rather than dogmatic; it does not seek to prevent all new housing development—far from it—but would firmly direct growth to the right places by requiring authorities to prioritise the redevelopment of previously used urban land, as set out in proposed new subsection 2(d). It would strengthen the case for making full use of the extensive brownfield sites that lie dormant, particularly across our cities. Research from planning bodies such as the CPRE already shows that enough brownfield land exists right now for 1.2 million homes to be built. These sites are often in locations with existing infrastructure and transport. This promotes a principle of “brownfield first”, which we will continue to pursue throughout the progress of the Bill.

Moreover, the new clause proposed in this amendment would provide local communities with a degree of confidence and stability. One of the greatest frustrations, which we all experience when we knock on doors in communities, is the total uncertainty over whether some new development will take up valued local green spaces that will suddenly be lost to it, and that the infrastructure will be stretched beyond its means. By guaranteeing that the newly designated green belt is protected for at least two decades, people will know that, when their council takes action to protect land, the decision is secure over the long term and not subject to immediate challenge or reversal.

Finally, we must recognise that the objectives of housing delivery and environmental stewardship are not in conflict but entirely complementary. Directing resources towards brownfield regeneration helps us in that all-important effort to revitalise high streets, make better use of existing public transport and breathe new life into underused urban spaces, all while protecting the green lungs of our towns and cities. For all these reasons, this is a balanced and necessary amendment that would strengthen local control, ensure sustainable development and safeguard the green belt for today and tomorrow. I beg to move.

[Baroness Hodgson of Abinger (Con)]

My Lords, Amendment 215 is in my name, but I also support Amendment 157 and echo many of the words of the noble Baroness, Lady Grender. Amendment 215 would insert a new clause after Clause 106 that would provide existing villages with protection equivalent to that currently provided to towns under the National Planning Policy Framework. We have already discussed the importance of design and the impact that the built environment can have on health, productivity and sense of community cohesion, and that we need to put the right house in the right place. This clause is, in part, an extension of these arguments, in that it also looks to preserve the special character of individual villages, and of historic villages in particular. Be it medieval cottages or Victorian buildings, historic architecture reflects an era and the influences that shaped a village.

The UK is known for being a green and pleasant land, with villages and communities that are embedded in the landscape, hewn over centuries of rural life and livelihoods. Many people prefer to live and work in smaller communities closer to nature, often with a strong sense of being rooted in a community. Yet you need only read the debate in the other place to see many Members sharing examples of where some of their villages are no longer recognisable, having grown exponentially, often with housing insensitively tacked on. Members spoke of fields with as many houses as a developer can cram in, with no reference to local styles or consideration of infrastructure, rather than villages being developed organically in a way that existing residents feel comfortable with. Too often, this challenges the rural identity of an area and sounds a death knell for the green belt.

There are key elements that contribute to a village’s identity: architecture; cultural traditions and community narratives; and local pride, with traditions and festivals often reinforcing historical awareness as well as supporting heritage tourism. According to a report by the National Lottery Heritage Fund, heritage-led regeneration projects in UK villages have led to a 20% increase in local business activity, demonstrating the economic benefits of maintaining historical identity. Meanwhile, Historic England argues:

“Understanding the significance of places is vital”.


The risk that the Bill poses is of opening up development so much that we lose these gems or, in the worst-case scenario, that they become swallowed up in a styleless, depressing urban sprawl.

There is a significant threat to the authenticity and continuity of historical narratives that define UK villages and their identity. The Government have reported that between 2000 and 2017, more than 1,000 listed buildings were lost due to redevelopment. How could that have happened? It seems to happen all too easily. I argue that we should afford villages the same protection as towns under the NPPF, to ensure that they can retain their character and charm. This amendment would enable that and I hope it will gain the support of the Committee.

--- Later in debate ---

[Lord Wilson of Sedgefield (Lab)]

From what I understand, the new regulations were to provide clarity on the green belt. As we have said, they are concerned with preventing urban sprawl, but they do not remove villages from the green belt or prevent land near villages being protected from development through green belt designation. Land around villages that makes a strong contribution to these purposes should not be identified as grey belt, for example. We think that we now have consistency with these regulations and that villages and their historic value and character are already protected in the planning process.

[Baroness Grender (LD)]

My Lords, I thank Ministers for spending a great deal of time with us, especially the lengthy meeting this morning after the week we have all had. It is very much appreciated. The characterisation of this as a straitjacket on local authorities is a misreading of the wording of the amendment. It is entirely up to local authorities to identify these areas, and it would provide a level of certainty and trust for local people that they currently do not have, as they believe that future developments will lead to them losing beautiful areas of green belt.

We will want to revisit this issue when we come to Report and work behind the scenes with Ministers and civil servants to see whether we can find a better way make progress. We think it is incredibly important, and we have strong concerns about forcing local authorities to release green-belt land. That, in a way, is the critical issue here. That said, I thank all noble Peers for participating in this group, and I beg leave to withdraw my amendment.

Amendment 157 withdrawn.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Committee stage
Wednesday 17th September 2025 Lords Chamber

Moved by

[Baroness Grender]

244: Clause 55, page 92, line 6, leave out “an” and insert “a significant”
Member’s explanatory statement
This amendment would require that an improvement made to the conservation status of an identified environmental feature within environmental delivery plans should be significant.

[Baroness Grender (LD)]

My Lords, I will speak to Amendments 244 and 287. These proposals have a clear and focused aim: to secure stronger and more reliable protections for our natural environment through the planning system. I wish to lay out why these changes are not just desirable, but necessary, in light of both recent evidence and practical experience.

Amendment 244 addresses the language on improvements to conservation status, requiring that any improvement to an identified environmental feature within environmental delivery plans be significant. At present, the Bill allows for any improvement to be considered a success, but the reality in England suggests otherwise. By introducing the word “significant”, the amendment raises the test and prevents superficial or minimal gains being counted as genuine progress. It recognises that piecemeal gestures will not restore all-important lost habitats or endangered species. Instead, substantial positive action must become the norm.

This approach also brings better alignment with recommendations that already exist from Defra and findings from ongoing reviews of environmental policy. According to the State of Nature report, wildlife abundance has dropped by 32% since 1970, and 13% of species are now under genuine threat.

On these Benches, we believe that existing standards are simply not sufficient to reverse these declines. The amendment provides clarity for both developers and planning authorities. It ensures that when environmental delivery plans are prepared, their targets must be meaningful and that stakeholders will know that marginal improvements are insufficient.

As a result, both local communities and our wider natural environment will benefit from projects that contribute to measurable ecological recovery. The purpose is not to block development, but rather to set a standard that matches the gravity of the challenge England faces. The amendment also provides transparency and accountability, making it clear to all involved parties exactly what is required for a project to meet its conservation obligations.

Turning to Amendment 287, the rationale is similarly rooted in evidence and practical experience. At present, the Bill requires that developments are likely to improve the environment. In practice, the term “likely” is too vague and too weak.

A University of Sheffield study revealed that 75% of bird and bat boxes, required already in planning conditions, were never actually installed. Such figures clearly highlight how easily requirements can fall through the cracks when they are based only on probability. The public and environmental groups have repeatedly raised concerns about such non-delivery. This amendment replaces “are likely to” with “will”. Its objective is very simple: to ensure that the promised improvements are delivered.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

As the noble Earl will be aware, there are standard timings for government consultations, so we would employ those principles as set out in the government regulations for all consultations. If the noble Earl is not familiar with those, I can certainly send him the details.

[Baroness Grender (LD)]

My Lords, I thank the noble Baronesses for their responses on this. I thank them also for continuing to have an open door. I think that the whole Committee is conveying a huge ambition to work with the Government to get this over the line. I still have concerns that “material improvement” will be interpreted by some as a low common denominator, but we will go away, study the letter received this morning and the words used today, and I hope continue to meet between now and Report. I think that what a lot of Members who have spoken just now are trying to get towards is practical measures that can provide a level of specificity so there is clarity, so that examples that I raised in my opening speech—of much-promised and not-delivered measures—do not occur again. That is what we are striving to achieve here. With that, I beg to ask leave to withdraw the amendment.

Amendment 244 withdrawn.

--- Later in debate ---

[Baroness Coffey (Con)]

My Lords, I thank the Minister for confirming earlier that the environmental principles policy is still in place. That matters in this particular group in terms of the mitigation hierarchy. When the Bill came through, the OEP expressed significant concern about the weakening of the mitigation hierarchy. I am not aware of its opinion on subsequent government amendments in that regard, but, of the five principles set out in the Government’s policy statement, “prevention” is a key element and “Rectification at source” is another one of the five principles.

We are trying to make sure this is crystal clear in the Bill and locked in because of comments made by the Minister in the Commons about flexibility. It is fair to say that, frankly, Clause 66(3) completely sets aside the mitigation hierarchy; to use the phrase of the noble Baroness, Lady Young of Old Scone, it is cash for trash —basically, you can do what you like if you are prepared to pay for it. In that regard, it matters that the Government think again and put this in place in primary legislation. Despite that, Amendment 256ZA in particular is very useful where it talks about “reasonably practicable”. That is an element that, if necessary, can be tested in the courts in due course. But we need to correct this in this House, putting it very firmly instead of saying, as in the words of the Minister, “Our flexibility is fine”.

[Baroness Grender (LD)]

My Lords, Amendment 340 proposes a new clause after Clause 87. This amendment would enshrine clear duties on both the Secretary of State and Natural England to take all reasonable steps to avoid, prevent and reduce significant adverse environmental effects when exercising their functions under Part 3. It would require them to enhance biodiversity to safeguard designated sites—such as the European and Ramsar sites that we have heard mentioned in the previous group—except in exceptional cases, and to protect irreplaceable habitats such as ancient woodland and veteran trees.

I thank the noble Baroness, Lady Freeman, who has signed the amendment. She sends her apologies and says:

“This amendment provides a great opportunity for the Government to clarify the core commitments to existing nature protection that they have stated should remain in the Bill. This amendment is an essential clarification and strengthening of legal duties that already underpin environmental protections but risk being diluted under the new framework established by Part 3. While the Bill aims to streamline development and introduce strategic fund-based mechanisms for environmental management through both EDPs and the NRF, there have been legitimate concerns that existing protections might be weakened or circumvented”.

So this amendment does not obstruct development. It ensures that decision-makers uphold critical environmental principles consistently and transparently. It explicitly requires the Secretary of State and Natural England to take all reasonable steps to avoid causing significant harm, applying the fundamental mitigation hierarchy that we have already talked about and which prioritises avoidance first, minimisation second and compensation only as a last resort.

The amendment’s emphasis on enhancing biodiversity aligns directly with the Government’s own Environmental Principles Policy Statement, which guides all departments to embed environmental protection in their decision-making, and it places biodiversity improvement alongside harm avoidance as a clear statutory duty. Of particular importance is the protection afforded to irreplaceable habitats, as I have mentioned already. These are a unique and fragile ecosystem systems comprising just 2.5% of UK land yet supporting disproportionately rich biodiversity, and the NPPF rightly sets the loss of such habitats as a matter to be refused unless wholly exceptional reasons apply and compensatory measures are in place. Embedding this principle therefore in primary legislation strengthens the hand of conservation and local communities.

The amendment also correctly restricts where significant adverse effects on European and Ramsar sites may be permitted—only where justified by imperative reasons of overriding public importance—and where compensation will occur. This follows long-established environmental law and international obligations, and provides clarity. I look forward to hearing the Minister’s response.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Committee stage
Wednesday 17th September 2025 Lords Chamber

Moved by

[Baroness Grender]

294: Clause 62, page 96, line 37, at end insert—
“(2A) An EDP may not be amended if the amendment would reduce the amount, extent or impact of conservation measures that are to be taken to protect the identified environmental features.”Member’s explanatory statement
This amendment would mean that the Secretary of State could not amend an environmental delivery plan so as to reduce the measures to be taken to mitigate the negative environmental impact of a development.

[Baroness Grender (LD)]

My Lords, Amendment 294 would prohibit any changes to an environmental delivery plan that would reduce the amount, extent or impact of conservation measures designed to protect identified environmental features. In effect, the Secretary of State would be unable to alter an EDP if such an amendment would weaken established environmental protections.

The aim here is to safeguard against the watering down of environmental commitments once they have been set out in an EDP. Years and years of planning history have too often shown that protections established at the outset erode over time, whether under pressure in the name of economic growth, or because of shifts in ministerial priorities or as new developments are proposed nearby. For example, more than a third of England’s rivers remain classified as in poor ecological health, frequently because enforcement and standards around protections weaken as circumstances change. It is therefore vital that commitments to mitigate the negative impacts of development are not easily reversed or diminished.

This amendment is rooted in the environmental non-regression principle. This asserts that environmental law and standards should not go backwards but instead serve as a stable and reliable foundation for ongoing improvement. Once conservation measures are agreed and an EDP is made, the protections and enhancements should be seen as a baseline from which further progress can be made, not as a temporary line which can be negotiated away. Local communities, environment groups and stakeholders need assurance that commitments to, for instance, river restoration or species recovery will not be diluted at a later date. The amendment aligns with the Government’s own Environmental Principles Policy Statement, under which all departments are obliged to prevent, reduce and rectify environmental harm, not simply react to it after the fact.

This amendment enhances long-term investment in environmental improvement. Developers and landowners will know that measures agreed at the outset must be maintained, promoting higher standards of stewardship and accountability. Policymakers will be able to set conservation targets with assurance that they are durable, not fleeting or subject to administrative whim.

This amendment is the chance to break the never-ending cycle of much-promised and not delivered. I note that it is in the same group as several other amendments, which I suspect will have a very fair wind behind them, and I just hope it slips in along with them. It would be excellent if this joined them or if there was any possibility of that. I hope the Minister will consider the merits of this amendment, I look forward to hearing her response and I beg to move.

[Lord Blencathra (Con)]

My Lords, I will speak briefly to Amendment 294, submitted by the noble Baroness, Lady Grender. I apologise that I was not in the Chamber this morning to participate: I had to attend my Select Committee, especially as it was on a subject that I demanded that we investigate. Way back last June, we fixed the meeting for this morning at my convenience, so I had to be there.

The amendment from the noble Baroness would prohibit the Secretary of State from having the power to amend an EDP in a way that would reduce the measures taken to mitigate the negative environmental impact of development. This amendment touches on important points of principle, including environmental conservation and the remit of the Minister’s power. I would be interested in hearing the Government’s response.

I will also address the government amendments in the name of the noble Baroness, Lady Taylor of Stevenage, which would require Natural England to consult on the EDP when certain amendments to it are proposed. The circumstances in which the consultation will be necessary are when the proposed amendment would increase the maximum amount of development covered by the EDP, include new places in the development area or add new types of conservation measures not currently included in the EDP. It seems an important principle that amendments which would change an EDP in this way are subject to consultation. I agree entirely. Such consultations should aim to allow for relevant expertise and the voices of a variety of stake- holders to be heard. I look forward to hearing the noble Minister’s response to the amendment from the noble Baroness, Lady Grender.

[Baroness Hayman of Ullock (Lab)]

My Lords, this grouping includes further amendments that the Government have tabled to address matters raised in advance of Committee. As part of this package, the Government’s Amendment 295B clarifies the consultation requirements when amending an EDP, where the intent had always been to ensure that consultation was taken forward where it was proportionate to do so. This will ensure that, where an EDP makes a significant amendment, measured by its meeting certain criteria, there will now always be a requirement to consult on that amendment, so that the public and expert stakeholders are able to contribute to and comment on the proposals.

Government Amendments 295C, 295D and 295E contain minor legislative fixes and a consequential amendment necessary for the correct operation of the legislation following the substantive government amendments. I hope that the Committee agrees to accept these amendments, and I commend them.

I turn briefly to the non-government amendment, Amendment 294, tabled by the noble Baroness, Lady Grender, which would make it impossible to amend an EDP when that amendment would in any way reduce or weaken the conservation measures it contains. While I absolutely appreciate the concerns that she has rightly raised, the amendment would substantially restrict Natural England’s flexibility to make crucial amendments to EDPs, which may include reducing both the amount of development and the conservation measures contained in an EDP. For example, we would want to ensure that, if an expected development was not actually going to come forward, an EDP could be amended to reflect this and reduce the scale of conservation measures, in line with the reduction of impact from the development.

I also note that all significant amendments will now need to be consulted on. All EDPs will continue to need to pass the overall improvement test following any amendment. I therefore hope that the noble Baroness agrees to withdraw her amendment.

[Baroness Grender (LD)]

I thank the Minister for her response. She will understand that we are attempting to prevent what happens over custom and time, which is always the weakening of something such as an EDP. We will examine her words carefully and meet with her between now and Report to make a bit of progress on this. Meanwhile, I beg leave to withdraw my amendment.

Amendment 294 withdrawn.

--- Later in debate ---

In terms of removing unnecessary red tape, that would fit the Bill. In terms of thinking through some of the other concerns, apart from the one raised by the Freshwater Habitats Trust about commercial fishing lakes or fish farms, I am sure we could consider how they could be dealt with. Nevertheless, I hope that the Government will look at this carefully, because we need to try to make it as straightforward as possible for nature-friendly farming and for nature to thrive and survive in the future. I beg to move.

[Baroness Grender (LD)]

My Lords, Amendments 339 and 345 are in my name; each provides critical innovations for the protection of nature and heritage trees in England.

The new clause proposed by Amendment 339 would introduce wild belt as a legal category in planning considerations and require the Secretary of State to establish protections within six months of the Bill’s passage. The purpose is clear: wild-belt designation would permanently safeguard nature-rich areas and their associated ecosystems, extending well beyond the traditional boundaries of green belts or isolated wildlife reserves.

The UK faces a biodiversity crisis, with only around 3% of England’s land effectively managed for nature, an insufficient figure compared with the country’s 30% by 2030 target for habitat restoration. Current planning policy has lacked a tool for protecting sites in recovery, or those being actively restored to higher ecological value. Amendment 339 would fill this legislative gap, empowering local planning authorities and strategic bodies with guidance for identifying, protecting and reporting on wild-belt sites, and promoting public access to nature-rich spaces.

Wild belt would operate alongside existing designations, such as green belt and sites of special scientific interest, creating new, joined-up areas that enhance ecosystem connectivity. Crucially, wild-belt designation encourages the restoration and protection of not only land but water bodies and wetlands, and I am delighted to be in the same group as the noble Baronesses, Lady Coffey and Lady Bennett, standing up for both ponds and trees. In the long term, it will help address habitat fragmentation, support climate resilience and benefit public health. Natural England estimates that green spaces such as wild belt can save the NHS approximately £2.1 billion annually, through improvements to mental and physical health—a testament to their broad social, as well as ecological, value.

The new clause proposed by Amendment 345 would establish heritage tree preservation orders, responding to a major gap in current tree preservation order law. Existing TPOs focus on amenity, but heritage trees—those of significant historic, ecological or cultural importance—require elevated protection and clear statutory recognition. I thank my noble friend Lady Tyler, the noble Baroness, Lady Young, and the noble Lord, Lord Parkinson, for supporting this amendment.

The scale and significance of England’s heritage tree resource are striking. The Ancient Tree Inventory records over 233,000 ancient or veteran trees. Academic modelling suggests that there may be 1.7 million to 2.1 million across the country, indicating underreporting, and therefore associated risks. A single heritage oak tree can support roughly 2,300 species, so the harm or loss of such trees has outsized impacts on biodiversity. Amendment 345 gives planning authorities new powers to issue dedicated preservation orders and sets higher penalties for any damage. The shocking loss of the Sycamore Gap tree underlines the need for this—along with the Whitewebbs oak in Enfield, which has been mentioned by my noble friend Lady Tyler. It would also require advertising of heritage status and associated legal obligations, and develop partnership agreements for long-term management.

Crucially, Amendment 345 would create a statutory register for heritage trees, giving Natural England responsibility for identifying, publishing and maintaining the list. This would promote transparency, consistent protection nationwide and proactive stewardship, not reactive enforcement after harm has occurred. Owners and occupiers would be compelled to take reasonable care of heritage trees and would be liable for costs if the state must intervene, setting a clear expectation for shared custodianship.

This tiny amendment is like an acorn. If it could be planted in this Bill, it might grow into a mighty oak, spreading its branches throughout the nation, and protecting our heritage trees. I hope that the Minister agrees.

[Baroness Young of Old Scone (Lab)]

My Lords, I support the noble Baroness, Lady Grender, on Amendment 345 on heritage trees, to which I put my name. This amendment echoes the key provisions of my heritage tree Private Member’s Bill, which, alas, ran out of road at the last ballot. It remains in my heart, and I shall continue to re-ballot it on every possible occasion.

The noble Baroness, Lady Grender, has ably made the case that heritage trees are really important for history, culture and biodiversity, but they have remarkably little protection and are threatened by development, by deliberate damage—as with the Sycamore Gap tree—by inappropriate management or by sheer neglect and lack of management. The provisions of this amendment would bring protection to these important trees, and there is already the beginnings of a register, as proposed by the amendment, in the Ancient Tree Inventory. The Government have shown signs of interest in this in the past and asked the Tree Council to investigate and report on the issue. The Tree Council submitted its report in spring 2025, and concluded that trees of high social, cultural and environmental value are only indirectly protected, with significant legal gaps, and recommended the development of a “robust and effective system” to ensure that they are safeguarded. Other countries, such as Poland and Italy, have very effective protections.

Examples of socially, culturally and environmentally important trees lost in the last few years include the 300 year-old Hunningham oak near Leamington, which was felled to make way for infrastructure projects in 2020. There was a tree in Hackney called the Happy Man tree, which was the named tree of the year in 2020, but was felled in 2021 to make way for a housing development. There were 60 wonderful ancient lime trees in Wellingborough which were felled in favour of a dual carriageway in 2023. There are lots of examples of historic and culturally important trees, as well as their biodiversity significance, simply failing to be protected. I think that the outpouring of grief and rage that arose from the felling of the Sycamore Gap tree shows just how much the public value these trees, and, indeed, that was reflected in the sentencing.

I asked the Government in a Written Question on 17 July what progress they had made in implementing the recommendations of the Tree Council. The noble Baroness, Lady Hayman, replied:

“We are carefully considering expert recommendations laid out in the Tree Council and Forest Research report. It will be important”—


note the weasel words here—

“to balance our approach with existing priorities and our statutory obligations. We recognise the value of our most important trees and consider all ancient and veteran trees to be irreplaceable habitats”.

I ask just three questions of the Minister. First, am I right in summarising her response to my Written Question as, “Push off: they are irreplaceable habitats already. We aren’t going to do anything more to proceed with this report and protect them”? Secondly, if that is not the case, when and if will the Government come forward with an action plan following the Tree Council and Forest Research report? Thirdly, if they are not going to respond to the Tree Council report with an action plan, will she accept this amendment? I look forward to her response.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Lord Deben (Con)]

My Lords, I remind the House of my registered interests, particularly that I chair a company that advises people on sustainability, and water is central to that.

I want to encourage the Government to move on this subject. I hope that they will allow me to do so by pointing out that the previous Government still have to explain how they managed to get rid of the regulations that would have meant that, instead of building 1.5 million homes that are not fit for the future and that have to be retrofitted, we reduced the opportunities to make our building code insist that, when people sell a house, it is fit for the future. This is a wonderful opportunity for the present Government to show that they have changed that way of looking at things and I am very surprised that they have not done so on this central issue of water.

We know what will happen. There are not many things in life that are certain, but one is that we will have too little water at some times of the year and far too much water at other times of the year. Therefore, I wonder why the Government have not jumped up to say how good these amendments are and that this is exactly what we should have. I do not always agree with the noble Baroness, Lady Bennett, but I agree with her comment that this is obvious: this is what we should be doing and there should not be any argument about it. So why are we not doing it?

When I was chairman of the Climate Change Committee, one of the problems we faced was that the adaptation side did not have the same statutory role that the mitigation part had. There is no doubt that, historically, we have not adapted fast enough, so we need to adapt very much faster.

I say to the Minister: if we do not start putting right the new houses, when we have such a long history of old houses that will have to be done, all we will do is build a greater problem for ourselves and our children, and that is unacceptable. It is much more unacceptable for the Government to say that designers “may” use the best advice. The problem is that, if they do not use the best advice, people will sell houses to others who will have to pay the cost of retrofitting. The housebuilders are therefore making profits by taking the money and not building houses that are suitable. It is the duty of the Government to insist that the standards are such that, when you buy a house, you can rely—at least for some reasonable time—on it being proper and fit for the future.

I hope that the Minister will be extremely generous in her acceptance of these amendments and, if not, that she will promise to come back with amendments that will do what—as the noble Baroness, Lady Bennett, said—everybody needs and knows needs to be done.

[Baroness Grender (LD)]

My Lords, I thank the noble Baronesses, Lady McIntosh, Lady Willis, Lady Bennett and Lady Jones, for resuming this all-important discussion we held in Committee. Indeed, many of the amendments aim to define whether the Bill meets the climate reality of what is happening today or continues to repeat the mistakes of the past.

Amendment 70 strengthens the requirement that planning decisions consider cumulative flood risk. Too many developments are still approved on already saturated land, leaving new residents vulnerable and the taxpayer to pick up the cost of recurring floods. As our colleague in the Commons, Gideon Amos, argued:

“Nobody should have to deal with that raw sewage coming into their home and garden”,—[Official Report, Commons, 12/3/25; col. 416WH.]


when flood-waters surge. However, this remains a lived experience for thousands today, because sustainable drainage rules have not been made mandatory. Amendment 70 ensures that flood plain development decisions properly account for these realities.

Amendment 81 would require local plans to align with catchment-wide flood mitigation strategies. That is long overdue. After all, flooding has no respect for, or understanding of, council boundaries, so planning policies must be equally joined up to match that. The amendment would prevent the patchwork approach that critics have warned has left entire communities at risk.

Amendment 86 focuses on sustainable drainage systems —SUDS—echoing the unfulfilled recommendations, as mentioned by the noble Baroness, Lady McIntosh, of the Pitt Review from 2008; and on our own Benches there is a long-standing call to commence Schedule 3 to the Flood and Water Management Act 2010. These systems manage rainfall where it lands, reduce sewage overload and help alleviate combined sewer overflows, reducing the unacceptable discharge of sewage which has been witnessed so often in flood events.

Amendments 120 and 120A shift focus from drainage to water efficiency and the long-term supply. They would require the Secretary of State to issue national guidance promoting water reuse, rainwater harvesting, greywater systems and distributed storage at development scale. These are pragmatic, tried and tested approaches to reducing both flooding and water scarcity—two sides of the same crisis which increasingly confronts so many of our UK communities.

Taken together, all these amendments turn abstract sustainability pledges into enforceable planning duties, at a time when the Government’s own reviews have concluded that the current policy is simply not working. We on these Benches believe that these fixes are essential, not optional. Our planning system must no longer treat flooding as an afterthought but as a central test of responsible design. I look forward to hearing the Minister’s response to these very useful amendments.

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[Lord Carlile of Berriew (CB)]

My Lords, my noble friend Lord Best has given an empirical and quantitative justification for this amendment, which I support, and I will not repeat what he said. What I will say, however, is what social rent housing does and why it is a necessity.

It is a living instrument that improves our society in many ways. It creates the opportunity for stability for young families, and for continuing education for young people in those families. It also creates loyalty to the town where they live, and a history that is developed into the future by those who live in social housing. These days we often hear people commenting on the fact that they are the first person who went to university in their family. Many of those people went to university because they lived in social rent housing with the stability that enabled them, with the support of their parents, of course, to be educated to go to university. I believe that in this Parliament there are many people who fall into that category. This is a living instrument that we are trying to create—a system of social rent housing that produces the growth that creates the flowers of our society, or at least many of them, and gives our society a future we can be proud of.

[Baroness Grender (LD)]

My Lords, I support the noble Lords, Lord Best and Lord Carlile, on behalf of my noble friend Lady Thornhill, who is unable to be here this evening—she has been got by the lurgy that everyone is coming down with. I will make some of the arguments that my noble friend would have made.

At its core, this is about trust between developers, local authorities and communities to deliver what the developers have said they would. Does it not make your blood boil to hear and learn how often social housing has been promised and how often it has failed to be delivered? Research from Shelter shows that, in some parts of England, as many as 40% of the affordable homes initially promised are never delivered. The Local Government Association has estimated that, over the past decade alone, more than 100,000 affordable homes have been lost because of renegotiations and that absolute panto villain, the viability assessment, which is used and prayed in aid to stop the delivery of social homes for rent, which are so critical and important to society.

The amendment from the noble Lord, Lord Best, would bring much-needed transparency and restore faith in a promise that has been broken again and again over successive Governments. It would give councils the confidence that when they negotiate for affordable homes, the homes will actually materialise.

I know it is late, but if the noble Lord, Lord Best, moves to a vote, we will be there with him, and I am very hopeful that the Conservative Benches will join him as well. This is an absolute scandal that has gone on for too long. We need to restrict developers to deliver on their promise of social homes for rent.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I apologise for gazumping the noble Lord, Lord Young of Cookham. For the record, I am always happy to take my name off amendments in a case where we can demonstrate political breadth, but I was very happy to sign Amendment 72 in the name of the noble Lord, Lord Best.

I will give one example. In July this year, Rother District Council received an application from Brookworth Homes to amend its permission for a 20-residence project in Battle, East Sussex, to, of course, zero homes for social rent. That is just one example of a place that desperately needs social housing. I will stop there, because I want to get to a vote if the Government do not give way.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Report stage
Monday 27th October 2025 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to speak briefly to this short but perfectly formed amendment. I hope to extract a commitment from the Minister and the Government on the question of making water and sewerage undertakings statutory consultees on a development consent order, as the Environment Agency currently is.

Things have changed since Committee, and there is a reason why I have tabled this amendment on Report. We have already had the report from the Cunliffe review, commissioned by Defra, which now has a new Secretary of State. Recommendation 72 of the Cunliffe report states:

“The role of water companies in the planning process in England should be strengthened to ensure they have sufficient sight and influence over upcoming developments”.


The report goes on to say that the Cunliffe review believes that water companies should have a clear ability

“to comment on planning applications above a certain threshold in England”.

The review is asking the Government to consider making water companies statutory consultees or to introduce a requirement to notify, and I am hoping that the Government will confirm this. This would ensure that water companies can deploy site-specific technical advice and avoid delays. It would also save the Government time. For example, if it was inappropriate to build a major development of, say, 300 new houses in an area of water stress, making water companies statutory consultees would expedite the planning application.

On 13 October, the Environmental Audit Committee published its report on flood resilience in England, which made a similar recommendation. Recommendation 25 of the report states:

“The Government should initiate consultation on statutory requirements for assessing the cumulative impact of development on flood risk within local and regional plans by the end of 2025”.


It goes on to say that

“water companies should be made statutory consultees on major planning applications”.

The Cunliffe review was set up at the behest of the Government, so I presume that they will follow the recommendations in its report. The Environmental Audit Committee’s report looks at how the current system is failing to prepare residents in this country for future flooding.

With those few remarks, I hope this evening to extract a commitment from the Minister that the Government will proceed on this as a matter of urgency and that we will see it as part of the Bill. If they wish to bring forward an amendment of their own, that would be ideal. I beg to move.

[Baroness Grender (LD)]

My Lords, we on these Benches support this amendment, which seeks to ensure that water and sewerage undertakers are formally consulted by applicants for a development consent order. The amendment is similar to the Environment Agency system and would help to avoid significant problems downstream.

Far too often, we have seen developments progress without any consideration of water supply, drainage or wastewater infrastructure, leading to unnecessary strain, additional cost and, of course, the human consequence of flood risk, which is worst of all. By ensuring that the relevant utilities are engaged early in the process, the amendment would promote better planning and ultimately save time, money and, above all, anguish for so many people.

The amendment aligns with some of the longstanding commitments we have worked on together in some of the APPGs. We look forward to hearing the Minister’s comments on this amendment from the noble Baroness, Lady McIntosh of Pickering.

[Baroness Scott of Bybrook (Con)]

My Lords, although I appreciate the spirit in which this amendment is brought forward and the specific issues it raises, it would introduce a level of prescription that may not be necessary. The planning system already provides mechanisms for consultation with relevant bodies, and it is important that we maintain a balance between thorough engagement and procedural efficiencies. We must be cautious not to overextend statutory requirements in ways that could complicate or even delay the development consent process. Flexibility and proportionality are key. As ever, my noble friend Lady McIntosh raises important issues. We look forward to the Minister’s reply.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Report stage
Monday 27th October 2025 Lords Chamber

Moved by

[Baroness Grender]

93: Clause 52, page 73, line 22, at end insert—
“(6A) Where a strategy area includes a chalk stream, the spatial development strategy must include policies on permissible activities within the area of the stream for the purposes of preventing harm or damage to the stream or its surrounding area.”Member’s explanatory statement
This amendment would ensure spatial development strategies include policies to protect chalk streams.

[Baroness Grender (LD)]

My Lords, Amendment 93, in my name and that of the noble Baroness, Lady Jones of Moulsecoomb, aims to secure the future of England’s chalk streams by enshrining specific protections and standards into our planning regime. As we made clear in Committee, these globally rare ecosystems—there are only 200 in the world—are often referred to as our country’s rainforests in terms of biodiversity and they face genuine risk from piecemeal development and inadequate water management. These are risks that will only intensify without a robust and specific legislative lever.

Relatively recently, I went for a customary walk in a beautiful green space in south-west London, only to discover that the beautiful River Wandle, home to brown trout and kingfishers, had been destroyed by a devastating diesel leak. The Government intend to streamline housebuilding and environmental measures in tandem, but the practical reality is stark.

Chalk streams are uniquely vulnerable. Abstraction of water, chronic pollution and unchecked development have led to tangible declines in many local areas. In 2023, the Liberal Democrats collected data through freedom of information requests, which revealed that one in 10 chalk stream sewage monitors were faulty, with some water companies having much higher rates of broken or uninstalled equipment.

Amendment 93 delivers a targeted solution: a statutory driver for sustainable drainage standards before any development interfaces with public sewers, closing a loophole that currently exists and has allowed cumulative harm to chalk streams. This amendment would ensure that developers are compelled to apply national standards for drainage and water treatment ahead of any permissions, rather than leaving mitigation as an afterthought.

Amendment 94 in the name of the right reverend Prelate the Bishop of Norwich complements this approach, and I thank him for the work he has done on this issue and his environmental expertise, which he has brought to this debate. Amendment 94 tightens oversight and demands full transparency in environmental impact reviews on watercourses at risk, an essential safeguard for communities whose local rivers are too often treated as collateral damage by the planning system’s inertia.

None of us should accept that cleaner, safer waterways are an optional extra and a nice to have. By adopting an amendment on chalk streams and supporting, out of these two amendments, Amendment 94, this House will signal that nature restoration, water quality and sustainable infrastructure are not in competition but can be advanced through co-ordinated and legally binding steps. I urge noble Lords to support these amendments for the sake of our streams and the communities they sustain.

If the right reverend Prelate the Bishop of Norwich moves to a vote, these Benches will support him. It is right that, with something as crucial as our unique chalk streams, we ask our colleagues in the House of Commons to think again and strengthen and protect in law this ecosystem that is almost unique to England. I hope that this House will unite in voting for Amendment 94 and protecting this rare heritage for future generations.

[The Lord Bishop of Norwich]

My Lords, I shall speak to Amendment 94, and I thank the noble Earl, Lord Caithness, the noble Viscount, Lord Trenchard, and the noble Baroness, Lady Willis of Summertown, for their support. I am most grateful to follow the noble Baroness, Lady Grender, who has just spoken so powerfully about her amendment, as well as offering her support for this amendment. Amendment 94 would require a spatial development strategy to list chalk streams in the strategy area, outline measures to protect them from environmental harm and impose responsibility on strategic planning authorities to protect and enhance chalk stream environments.

Chalk streams, as we have heard, are a very special type of river. Some 85% of the world’s chalk streams are in England. They are fed primarily by spring water from the chalk aquifer, not rain, which means that they have clear, cold water and very stable flows. These globally rare habitats are found in a broad sweep from Yorkshire and the Lincolnshire Wolds through Norfolk, the Chilterns, Hampshire and Dorset. The Bure, Glaven, Wensum, Test, Itchen and Meon are river names that come to mind flowing, as they do, through the tapestry of English history and in our literature, such as the River Pang-based Wind in the Willows. They are rich in minerals, especially calcium, and this “base rich” environment supports a distinctive and rich ecology.

It is no wonder that this amendment and a similar one in the other place have received such positive support, including in your Lordships’ Committee. What it seeks to do is such an obvious thing, for what we love, we should desire to protect; what we value, we should safeguard; what is of global significance, we should be deeply proud of.

I am grateful that the Minister responded to my letter to her about my amendment. However, her response was far from reassuring in two ways. First, the Government have pointed to local nature recovery strategies as a way of protecting chalk streams. These could, of course, in future be capable of considering, avoiding and otherwise mitigating for direct damage to these habitats, such as occurs from the footprint of a development near a chalk stream. However, to do so, LNRSs will need more bite in the planning system than they currently have. We are still waiting for the regulations designed to do precisely that, placing a duty on local planning authorities to take account of the nature strategy when making planning decisions. We are still waiting for that to be commenced, and it is now a full two years after these regulations were promised in the Levelling-up and Regeneration Act 2023.

Even once the regulations are passed, LNRSs will not be well placed to map, quantify and avoid or mitigate for the offsite impacts of development such as downstream pollution or the additional water that will be abstracted from chalk streams or their aquifers to serve new homes. These very real threats to our chalk streams, over areas much larger than are covered by strategies, cannot be addressed by LNRSs.

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[Baroness Grender (LD)]

My Lords, I thank the Minister. It is very clear there is a strong feeling within this House that there is a need for something to shift and be enshrined in law. I beg leave to withdraw my amendment in order to hand over and support the right reverend Prelate the Bishop of Norwich if he decides to press his.

Amendment 93 withdrawn.

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[Baroness Willis of Summertown (CB)]

I want to say a few words in support of another very sensible flooding-related amendment, Amendment 101 tabled by the noble Baroness, Lady McIntosh, to which I was pleased to add my name. I find it alarming that we seem currently to have a situation where some local authorities are using out-of-date maps that do not reflect the current risk of flooding. For example, in a recent report on flood resilience, the Environmental Audit Committee found that:

“Surface water flooding … remains … often underestimated in development decisions”,


and recognised that in spite of surface water flooding being the most common source of flooding in England, it remains “poorly quantified” and “inconsistently planned for”.

We have an opportunity in this Bill to try to address this gap by strengthening requirements on local authorities to ensure that flood risk assessment maps are updated as soon as reasonably practical after the publication of updated Environment Agency flood risk assessments. In Committee, the Minister said that keeping flood risk assessments up up-to-date is “already expected practice”, but with so many properties still being built in areas of high flood risk, perhaps the Minister can assure us about what more can and will be done to ensure that local authorities are updating their flood risk assessments more regularly to reflect the current risks.

[Baroness Grender (LD)]

My Lords, I thank the noble Baroness, Lady McIntosh of Pickering, for yet again raising the flag on flooding—all strength to her— and the noble Baroness, Lady Willis of Summertown, for adding her name. These amendments are clearly designed to address the escalating risks of flooding by embedding precise statutory safeguards into local planning.

Amendment 100 would convert the existing sequential test and the exception test from mere guidance into a legal requirement for local plans. The effect would be direct. Local authorities would be obliged to locate development according to robust risk-based criteria. Our colleague in the House of Commons, Gideon Amos MP, talked in Committee there at some length on this issue and highlighted the dangers where planning permission is still granted for homes on functional flood plains and high-risk areas, often with households left uninsured and exposed to the heartbreak and terrible experience that we discussed a great deal in Committee. Amendment 100 would also mandate the incorporation of sustainable drainage systems, SUDS, except where demonstrably unsuitable. A lack of statutory backing for SUDS, as the APPG on flooded communities has made clear, continues to compromise local flood resilience.

Amendment 101 speaks to the need for reliable current evidence in planning and stipulates that strategic flood risk assessments, SFRAs, must be based on the latest available data from the Environment Agency. On these Benches, the one question we have about it is the level of burden and expectation on local authorities, which already have so many burdens and expectations, but the further burden on households and families of flood risks and living in homes that are built on flood plains without due care is obviously so significant that we cannot ignore it. These amendments establish enforceable statutory standards and require some practical action, and I look forward to hearing the Minister's response.

[Baroness Scott of Bybrook (Con)]

My Lords, Amendments 100 and 101, tabled by my noble friend Lady McIntosh of Pickering, are sensible and pragmatic proposals. As the Minister acknowledged in Committee, the risk of flooding is increasing rapidly, and it is happening now. It is therefore entirely right that our planning framework should embed flood risk prevention and resilience more firmly at every stage, from local plans to individual applications, and I hope the Minister will give these amendments serious consideration and can reassure the House that stronger statutory safeguards against flood risk could still be part of this Bill.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I have attached my name to Amendment 115, so ably introduced by the noble Baroness, Lady Willis, and addressed by the noble Baroness, Lady Young of Old Scone, who is of course our total champion on the land use framework. I share her desire to see progress in that area as soon as possible.

I will just highlight what this is about and why we should have these amendments. The noble Baroness, Lady Willis, said that the question being asked is, where can we cause damage? That is what will happen. We are talking about the sites and species protected by the habitats regulations, which are of the highest international importance. The noble Baroness, Lady Young, said that we have had reassurances from the Minister that this is taken into account in local plans. I would be interested to hear what further reassurances the Minister can provide, because I do not think that that is what is happening. We are continually told, “Don’t worry about this. We don’t need this amendment because this is already happening; it is already covered by existing rules, regulations and laws”, but we all know that these things are not happening. Perhaps the Minister can answer that question. If those are indeed the rules, why is this not happening and what will the Government do to make sure that it does?

[Baroness Grender (LD)]

My Lords, I rise to address Amendments 115 and 116, introduced with such eloquence by the noble Baronesses, Lady Willis of Summertown, Lady Young and Lady Bennett. These amendments attempt to reinforce safeguards within our planning system on a very strategic level. They are precise and would embed formal compliance with the Conservation of Habitats and Species Regulations 2017, and they go directly to the preparation of local plans and spatial development strategies. They would ensure that environmental due diligence is not left until the late stages, when it is most vulnerable to oversight or to legal challenge—an aspect of the Bill that makes us very nervous.

Amendment 115 would oblige local planning authorities to conduct strategic environmental impact assessments for every site considered for development during plan making, and it would require that the plan’s compliance with habitats regulations be established from the beginning. This would ensure the first step of something close to our hearts in this Chamber, and which I hope we will discuss later in considering other groups: the all-important mitigation hierarchy. Avoidance of harm to sensitive habitats in advance would be actively enforced before development locations are finalised. The current system’s reliance on site-by-site reactive checks too often leaves nature protection exposed to the risk of retrospective fix or reactive compensation.

Amendment 116 would extend this by compelling authorities to guarantee habitat regulation compliance at the highest strategic levels. Both amendments would make environmental improvement an explicit statutory purpose within planning, a principle that aligns tightly with our belief on these Benches that operational planning must be future-facing and nature-positive, rather than solely a mechanism to accommodate growth. Their adoption would help steer development to appropriate places, supporting broader non-negotiable national goals to halt and reverse nature decline by 2030 and double nature by 2050. I very much look forward to hearing the Minister’s response to both amendments.

[Lord Jamieson (Con)]

My Lords, I would like to convey from this side of the House our hopes for the swift recovery of the noble Baroness, Lady Hayman.

As I raised in Committee, spatial development strategies and local plans should be the strategic documents that map out development in an area. This could be the stage where all the complex issues and trade-offs can be addressed to deliver the housing, commercial infrastructure and community facilities that we need, while also addressing the environmental impact and other issues. As such, there is a strong argument that these should include the Conservation of Habitats and Species Regulation and strategic impact assessments, as well as many other regulations that must often now be carried out on a site-by-site basis.

It would also be an alternative, as I believe the noble Baroness, Lady Grender, mentioned, to the Government’s proposed EDPs. This, if done correctly with the appropriate legislation, regulation and powers given to those local plans and local authorities, could deliver both better outcomes for the environment and a faster, simpler planning system, particularly had some of our previous amendments been included—for instance, my noble friend Lord Banner’s amendment on proportionality. As the noble Baroness, Lady Willis of Summertown, pointed out, this could facilitate at an earlier stage a focus on areas and sites more appropriate for development. For landowners and developers, it could reduce the cost and speed up the process.

We support the intentions of these amendments, however—unfortunately, there is a however—the amendment as laid out does not address the key second part: ensuring that developments in line with an approved spatial development strategy or local plan satisfy the requirements of the Conservation of Habitats and Species Regulations, with no further need for environmental impact assessments on a site-by-site basis. To address this latter part would require substantial additions to the Bill, which are not being proposed. As such, these amendments risk adding stages and processes while still needing to substantially repeat these subsequently on a site-by-site basis, with that additional burden adding delays to the planning process and further costs for no particular benefit. For those reasons, while we support the intentions, we cannot support these amendments.

I should also like to take this opportunity, as we are discussing habitats regulations, to ask whether the Government still intend to block the development of tens of thousands of much needed homes by giving force to the habitats regulation in Clause 90 to Ramsar sites.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Baroness Taylor of Stevenage]

My Lords, we turn to a series of government amendments that ensure that the NRF properly manages any potential cross-border effects and operates as intended in relation to Ramsar sites, as well as in the marine context.

On our cross-border related amendments, I assure noble Lords that, while numerous, these are technical amendments that reflect our discussions with the devolved Administrations to address circumstances where an environmental feature of an EDP may relate to a protected site that is in Scotland or Wales.

I shall draw out the key amendments. Government Amendment 133 ensures that, where an EDP relates to a protected site that is not wholly in England, an EDP may not use network measures to address these impacts.

Government Amendment 136 simply defines “England” for the purpose of this clause as including its marine context. This is in line with the devolution settlements, as it would not be appropriate for a plan developed to address the impact of development in England to allow for potential impact on a site in Scotland or Wales, even where that would lead to an overall improvement in the conservation status of the environmental feature.

In line with that close working and co-ordination, government Amendment 145 will require Natural England to seek the advice of the Natural Resource Body for Wales, whose operating name is Natural Resources Wales, and Scottish Natural Heritage, whose operating name is NatureScot, as well as the relevant devolved Ministers where the environmental feature in a draft EDP relates to a protected site in Wales or Scotland respectively. Government Amendment 149 specifies that for these purposes “Wales and Scotland” encompasses the territorial waters adjacent to Wales and Scotland, as is the case in respect of England in Part 3.

Ramsar sites are internationally significant wetlands that play a vital role in promoting biodiversity and climate resilience. Through the Bill, we are putting Ramsar protections on a legislative footing to ensure that the nature restoration fund can be used to address the negative effects of development on Ramsar sites. This will allow development to come forward more quickly, while securing better outcomes for nature, making building quicker and simpler. To date, these sites have been subject to the HRA process in the same way as habitat sites as a matter of policy, so in the vast majority of cases there will be very little change to how the HRA process is applied to these sites. However, these changes will place the existing policy protections for Ramsar sites on a statutory footing, providing clarity for developers where Ramsar and habitat sites overlap and where assessment requirements may otherwise diverge, as well as ensuring that we continue to meet our international obligations under the Ramsar Convention. These government amendments ensure that the nature restoration fund can operate as intended for Ramsar sites.

Previously, the Bill referred to Ramsar sites in England, which would have meant that, when assessing a plan or project in England, a competent authority would not have been subject to a statutory requirement to consider possible impacts on Ramsar sites in Wales and Scotland. That would have placed new obligations on competent authorities in Wales, which was not our policy intention. I hope noble Lords will agree that this is a helpful step forward in firming up the protections for our most precious wetlands.

Government Amendment 231 is technical in nature and has been drafted to ensure that the Bill is fully operable within the marine context. With marine conservation zones now treated as protected sites for the purposes of Part 3, it is necessary to make limited exceptions to certain provisions in the Marine and Coastal Access Act that are intended to restrict activities impacting these areas. This will, for example, ensure that Natural England can carry out conservation measures benefiting these important marine sites without risk of breaching existing legislative requirements. This will apply only to Natural England and other public authorities carrying out functions relating to the nature restoration fund in the marine context.

Finally, government Amendment 255 is a minor drafting correction to ensure the extent provisions reflect amendments made to Clause 46 in Committee. This amendment removes a stray reference to provisions of that clause which were left out in Committee. I therefore hope the House agrees to accept these amendments. I beg to move.

[Baroness Grender (LD)]

First, I would like to associate these Benches with the best wishes sent to the noble Baroness, Lady Hayman. I hope she is better soon. One or two of us spotted her attempting to struggle in this morning. The Minister here has had to take up a whole raft of amendments on which she was not expecting to lead at the start of today. We thank her for picking this up.

This is a comprehensive suite of technical amendments, and we are wrapping our heads around it. As firm federalists, we obviously welcome the consultation across borders, particularly in Amendments 145 and 133, mandating specific consultation requirements on Natural England. Proper cross-border consultations are the baseline requirement for sensible environmental policy. We will watch with some care with regard to marine and coastal access. The required removal of existing environmental checks suggests to us that the EDP framework risks some kind of weakening of protection.

We welcome the suite of amendments to Schedule 6 to explicitly amend the Conservation of Habitats and Species Regulations 2017 to treat Ramsar sites more like European sites, requiring an appropriate assessment for plans or projects situated wholly in England that are likely to have a significant effect on a Ramsar site. Extending statutory protections to these internationally important wetlands is a move towards a more robust nature safeguard. On the whole, we welcome this suite of amendments, but there are one or two that we will watch.

[Lord Blencathra (Con)]

My Lords, I too wish the noble Baroness, Lady Hayman, a speedy recovery. We both endure long journeys on the west coast main line with Avanti, and that is enough to make any of us ill on any occasion.

As we have said throughout the passage of this Bill, Governments should not, as a rule, introduce amendments to their own legislation that are not in response to scrutiny of the Bill. We have been disappointed by the Government’s approach to this Bill and, as many noble Lords have said, there is a reason for our procedures in this House. Amendments should be debated in Committee, wherever possible, before the House is asked to make a decision on them on Report.

The amendments in this group mostly relate to circumstances touching on the devolved regions of the UK. We understand that these changes have been discussed with the devolved authorities and are content with them. The only area where we have particular concern is the government amendments in respect of protections for Ramsar sites. My noble friend set out the Official Opposition’s view in an earlier group, so I will briefly say that we do not think the Government are right to introduce Clause 90 and Schedule 6 through this Bill, as they will effectively block new homes rather than unlocking development.

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[Baroness Coffey (Con)]

So apparently he is a dab hand at that.

I co-signed one of the amendments, tabled by my noble friend Lord Goldsmith. I will certainly push for us to test the opinion of the House on that amendment on Monday night. I heard what the noble Lord, Lord Krebs, said, but there is a risk of letting perfect be the enemy of good. There is no doubt that the lack of insects is a key factor in what is happening with habitats, but so is the lack of a place where the swifts can land and thrive. As has been pointed out, other species are also affected.

When I was at Defra, there was always a row with MHCLG about this. MHCLG regularly complained—obfuscated, frankly—about how an extra £20 to £30 would absolutely wipe out the housebuilding industry. Honestly, that is complete nonsense. Steve Reed supported swift bricks when he was the Environment Secretary; now that he is the Housing Secretary, I hope he can persuade the Treasury that it is okay to have swift bricks as standard, and I am sure that there are many other measures that people would like. This is simple and straightforward; let us save our swifts.

[Baroness Grender (LD)]

My Lords, I thank the noble Lord, Lord Roborough, for tabling Amendment 138. I will be extremely brief and I will explain why in a second. We look forward to hearing the Minister’s response. We all need to be extremely mindful of invasive non-native species and the pressures they put on our beautiful, natural countryside.

Moving on swiftly—no joke intended—we support Amendment 245, tabled by the noble Lord, Lord Goldsmith. Amendments on swift bricks are a bit like buses: you wait ages and then two come along. We have another amendment in the next group. I am almost excited now in anticipation of the critique of Amendment 140 from the noble Lord, Lord Krebs.

We will develop our arguments on swift bricks, plus other measures, in the next set of amendments. As a slight precursor to that, I will say that we believe that the right way of doing things is to have a level playing field with developers and ensuring that everyone is asked to put in swift bricks. They cost 30 quid per brick, as I understand it. As the noble Baroness, Lady Coffey, has already said, this is not going to break the bank of any developers, especially with their net profits. We will support this amendment if it moves to a vote, but we are also very keen to get to the next group. I apologise to the House that we did not manage to get these two sets of amendments in the same group, which would have been much more sensible.

[Baroness Taylor of Stevenage (Lab)]

My Lords, this has been a very interesting debate. I thank the noble Lord, Lord Roborough, for Amendment 138, which seeks to protect the environmental features of environmental delivery plans that are identified as being at risk from invasive non-native species. As he said, we have had some very interesting discussions in meetings outside the Chamber about the various non-native species that plague our lives.

As we outlined in Committee, the Government recognise the negative impacts of invasive non-native species on our native species and ecosystems, and we are committed to taking action. We are already delivering the GB invasive non-native species strategy and have established the GB Non-native Species Inspectorate, as well as recently consulting on five pathway action plans that would target action at key pathways through which invasive non-native species can be introduced and spread.

While I appreciate the noble Lord’s intentions in tabling this amendment, we do not believe that it is necessary or feasible. The NRF already allows invasive non-native species control as a conservation measure, where it would be relevant to the environmental feature concerned and would support the delivery of the overall improvement necessary under the EDP. However, control may not always be the best option: other conservation measures may represent better value for money, have greater environmental impact and be more appropriate, in line with the need to secure the overall improvement by the EDP end date.

The amendment would introduce a free-standing requirement to take action to eradicate invasive non-native species from a development site, even where this is not linked to the impact from development covered by the EDP. This would require developers to pay to address an issue unrelated to their development. Mandating action in this way could delay an EDP’s preparation and delivery, increase costs and inadvertently limit the ability to secure the best environmental outcomes. On that basis, it is more appropriate that control remains a potential conservation measure under EDPs, to be used at Natural England’s discretion where it represents the best option. With this explanation, I hope the noble Lord will consider withdrawing his amendment.

On Amendment 245, the Government are committed to driving nature’s recovery while delivering the homes and infrastructure we desperately need. We recognise the dramatic decline of the much-loved swift and of other nesting birds, and I have had many discussions on this subject with the noble Lord, Lord Goldsmith. We are committed to supporting the rollout of swift bricks alongside new development. The only distinction between our position and the amendment before us is in the mechanism by which we seek to increase the use of this wildlife-friendly feature.

Incidentally, I had a meeting this week with Adam Jogee MP, who has a huge brick manufacturing plant in his constituency. I asked him whether he would speak to the people in that company to persuade them to produce swift bricks as well—so I am still on the case.

I thank the noble Lord, Lord Goldsmith, for his contribution on this topic and for setting out why he considers that swift bricks are an exceptional measure. We know that mandating swift bricks through building regulations is an issue of long-standing interest. I have debated it many times in this House. As we have laid out before, building regulations in the UK are designed to safeguard the health, safety and well-being of individuals in and around buildings. They were not designed to apply to the protection of wildlife, and expanding their scope to include interventions such as swift bricks would mark a significant shift in regulatory intent. This risks a number of unintended consequences, including diluting the purpose of the current regime, establishing overlapping policies and adding administrative pressure to a system that is already undergoing significant reform.

Furthermore, the process of updating building regulations is highly technical and complex. Introducing requirements that fall outside the current remit could slow down essential updates, divert resources, place additional burdens on registered building control approvers, complicate existing inspection, sanction and enforcement procedures, and fundamentally undermine the credibility of the system. We strongly believe that planning policy is the best way forward. The Government remain committed to consulting on a new requirement for swift bricks to be incorporated into new buildings as part of our consultation on national planning policy, which we intend to launch this year.

I am very grateful for the fascinating intervention from the noble Lord, Lord Krebs, because he helped emphasise that there are wider issues to be considered here. I hope that, by consulting on this national planning policy, we will be able to get the best outcome for nature as part of the planning policy that we set out.

In June, we published updated planning practice guidance, which set out expectations for the use of these features and signposted to further resources, including the relevant British industry standard. These measures are further to the new policy we introduced last December, which explicitly stated that development proposals should enhance the natural environment

“by incorporating features which support priority or threatened species such as swifts”.

We expect these policies to be adhered to and enforced, with the rest of planning policy that we have addressed previously, as a material consideration in planning decisions. Local planning authorities possess a range of powers to ensure that the terms of planning permissions are complied with, and they are able to take enforcement action where the requirements of a planning permission are being breached.

To bolster planning departments, last autumn, we announced a £46 million package, which included funding for the recruitment and training of 300 planners. Through the Bill, we are enabling authorities to increase planning fees and strengthen service delivery. We have put some resources in to help with the enforcement as well.

As we have set out previously, progress is already under way. I hope that the noble Lord, Lord Goldsmith, has noted that we have not stood still since our earlier discussions on this topic.

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Moved by

[Baroness Grender]

140: After Clause 55, insert the following new Clause—
“Environmental infrastructure in new developments(1) Within six months of the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 (power to make building regulations) for the purpose of protecting and enhancing biodiversity.(2) Regulations made under this section must—(a) take account of biodiversity targets and interim targets set out in sections 1(2), 1(3)(c), 11 and 14 of the Environment Act 2021;(b) include measures to enable the provision in new developments of—(i) bird boxes;(ii) bat boxes;(iii) swift bricks;(iv) hedgehog highways;(v) biodiverse roofs and walls.”Member’s explanatory statement
This new clause would require the Secretary of State to introduce regulations to protect and enhance biodiversity in new developments.

[Baroness Grender (LD)]

My Lords, here we are again. The urgency of the nature crisis demands that we stop relying on—in our view—voluntary commitments and shift to mandatory ones or regulation. I am sorry that we are going back to a subject that we have already rehearsed quite a bit, but it is still important. My amendment also expands which kind of species we try to include within building regulations.

I thank the Minister for a meeting we had only yesterday where we tried to work through some of these issues. I have definitely heard, both yesterday and today, the concern she has about embedding some of these issues within building regulations, but I would still argue that making sure there is a level playing field and that developers have clarity of ask is still worth trying for, so I would like to explore it again.

Amendment 140—I thank the noble Baroness, Lady Jones of Moulsecoomb, for signing it—would require the Secretary of State to introduce building regulations to protect and enhance biodiversity within six months of the Act passing. These regulations should include specific measures such as swift bricks, bat boxes and hedgehog highways. The question asked is why building regulations are the appropriate mechanisms for features such as this, and the answer is clarity, consistency and enforceability. Relying on the fluidity of planning policy or non-statutory commitments leads to systemic failure in delivery. Surveys show that ecological features promised in planning approval, such as bat and bird boxes and hedgehog highways, are often—surprise, surprise—missing post-construction. Mandating their inclusion via building regulations would ensure that every new home contributes to halting the decline in species abundance, aligning with our legal duties under the Environment Act 2021.

Building regulations already incorporate mechanisms for exemptions, including where installation is impractical —this may be something that we could explore—such as near airports, where flexibility is retained. We must ensure that these proven, low-cost features are delivered universally, moving past discretion and local planning controls. It is notable that, for instance, some local authorities mandate this already, including some Labour ones. I am very happy to supply to the Minister the list of the Labour authorities that already do it. It would be great to make this a level playing field across all local authorities. That is what we are trying to achieve here.

I welcome with interest the amendment from the noble Baroness, Lady Coffey. Any measure that encourages the creation of water bodies obviously needs to be subject to rigorous standards to ensure environmental gain. I look forward to hearing her words and the response to the amendment.

I thank the noble Baroness, Lady Freeman, for putting her name to my amendment. I have in turn put my name to her Amendment 246. It aims to compel the Secretary of State to amend the National Planning Policy Framework to incorporate measures that reduce bird fatalities resulting from collisions with buildings, alongside issuing relevant guidance. We support this necessary move to strengthen design quality. This amendment addresses an avoidable cause of fatalities and would make a very useful contribution to combating the ongoing decline in bird species, which, as we have already heard on the last group, is so significant at the moment. It is very much aligned with the approach that we on these Benches would like to take of pursuing meaningful, preventive ecological outcomes, rather than allowing damage and scrambling for compensation afterwards, which we fear is a bit of a feature of some of the measures in the Bill. I beg to move.

[Baroness Coffey (Con)]

My Lords, I tabled Amendment 203A, which is about permitted development for ponds. I listened in Committee to concerns that the original proposal I put in, for ponds the size of a hectare, could introduce other uses for something with such a permitted development right. That is why I have returned with a surface area of less than 0.25 hectares.

Your Lordships will know that the only way that Peers can adjust regulations is by putting primary legislation in place. But I encourage the Government to go through the statute book, think about the plan to achieve the Environment Act and how we are going to tackle the national biodiversity strategy plan, and make it as easy as possible for there to be thousands of new ponds around the country. That will help newts, amphibians, mammals, insects and plants—it is not always just about the fauna; the flora matter too. As a consequence, I am keen to hear positive noises from the Government before considering whether to test the opinion of the House next week.

On Amendment 140, there is a lot to be commended in what the noble Baroness, Lady Grender, said. This is about trying to make it as easy as possible for people, organisations and councils or whoever to do the right thing, because it is critical for the future of our planet.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, we recognise that many of our most precious species are in decline, and we are clear that we need to restore the health of our ecosystems.

I thank the noble Baroness, Lady Grender, for her amendment, which seeks to enhance biodiversity in new development. However, as I set out previously, this is not about what we are doing but about the mechanism for doing it. That is where we have an issue. We do not believe that the use of building regulations is the best way of achieving our shared ambition, given that they are used primarily for human health and safety. As I have explained, expanding their scope to deliver unrelated environmental objectives risks weakening their clarity and efficacy and introducing delay and further complexity.

The planning system already sets out to support biodiversity and achieve nature recovery alongside the delivery of homes and infrastructure. Since 2024, subject to certain exceptions, biodiversity net gain has been mandatory for new planning permissions to achieve at least 10% net gain in biodiversity value. This is a significant step towards achieving our biodiversity targets set through the Environment Act. As we have set out previously, planning policy is clear that opportunities to improve biodiversity in development should be integrated as part of the design, including wildlife-friendly features. We will be consulting on a new requirement for integral nest boxes which can support a range of cavity-nesting birds, including swifts, starlings and house sparrows. Additionally, planning guidance such as the National Model Design Code and Natural England’s green infrastructure framework supports decision-makers to select design elements which suit individual proposals, including green roofs and walls, hedgehog highways—mentioned by the noble Baroness, Lady Freeman—bird bricks and bird and bat boxes. These can be used by local councils as a toolkit to set local design expectations. I hope therefore that the noble Baroness, Lady Grender, can withdraw her amendment.

I thank the noble Baroness, Lady Coffey, for tabling Amendment 203A. However, as mentioned in the previous debate on a similar amendment, the Government cannot support the introduction of a new permitted development right for ponds as an amendment to this Bill. We continue to recognise that ponds can deliver important biodiversity benefits, and we do want to encourage them in the right location. We also note the benefits of ponds for farmers in providing valuable sources of irrigation during dry periods. However, it remains the case that changes to permitted development rights are brought forward through secondary legislation as amendments to the general permitted development order. Such changes generally follow public consultation to ensure that the views of the public, including those who would benefit from the rights created, are taken into account. Consultation also allows for consideration of any potential impacts of the proposal and consideration of how these might be mitigated.

There are also existing permitted development rights which do enable the creation of ponds where appropriate. For example, under an agricultural permitted development right, farmers can create ponds and on-farm reservoirs, subject to certain limitations and conditions to manage and control their impacts. Home owners can also create new ponds in their gardens under householder permitted development rights, again subject to certain limitations and conditions. This amendment seeks to provide a national grant of planning permission for ponds across the whole of England, regardless of whether one would be appropriate in a particular location, such as on land used for public recreation or in an area where it could increase flood risks. To ensure that ponds are appropriately located, there are circumstances where a planning application is appropriate. We therefore cannot support the amendment. However, as always, we continue to keep permitted development rights under review. For these reasons, I would kindly ask the noble Baroness not to press her amendment.

Turning to Amendment 246, I recognise the desire to reduce bird fatalities that result from collisions with buildings, and I am very grateful to the noble Baroness, Lady Freeman, for meeting with me ahead of this debate to discuss her interest in ensuring that new buildings are designed to reduce bird fatalities. Amendment 246 seeks to ensure that buildings incorporate features to reduce bird fatalities, particularly through design and the use of bird-safe glass, by embedding bird safety within the National Planning Policy Framework. The NPPF is already clear that planning policies and decisions should contribute to and enhance the natural and local environment, and that opportunities to improve biodiversity in and around development should be integrated as part of the design.

When determining planning applications, local planning authorities should apply the principle that, if significant harm to biodiversity resulting from the development cannot be avoided, adequately mitigated or, as a last resort, compensated for, planning permission should be refused. Supporting guidance such as the National Model Design Code and Natural England’s Green Infrastructure Framework demonstrate how well-designed places can foster rich and varied biodiversity by facilitating habitats and movement corridors for wildlife. Local design codes allow local authorities to set their own rules for high-quality places. I am very happy to consider what more can be done to promote the kinds of features that can help species safety that the noble Baroness has outlined. However, amending the NPPF to state that all new and refurbished developments should incorporate measures to prevent bird fatalities, such as bird-safe glass, would extend the reach of planning considerably beyond the extent of current controls and would likely increase construction costs and design complexity, ultimately constraining the delivery of the housing and infrastructure we so desperately need.

In addition, while some types of development, such as large-scale commercial schemes, may warrant targeted intervention, a blanket requirement would not adequately reflect the risks to species across diverse building types and locations. Bird fatalities due to collisions with buildings are a genuine concern, but a measure such as this has the potential to drive up costs and building delays without delivering proportionate benefits for nature. In light of these considerations, I hope the noble Baroness, Lady Freeman, will agree not to press her amendment.

In response to the noble Lord, Lord Blencathra, who asked me a specific question about the nature Bill, he will know that that is the province of Defra, so I do not have an answer for him immediately. If it is future legislation that is not already planned for this Session, I doubt whether we will be able to answer his question as specifically as he wants, but I will endeavour to seek advice from Defra about when and if they intend to bring a Bill forward.

[Baroness Grender (LD)]

My Lords, I thank the Minister for responding to this amendment. She says the policy is clear, and that may be the case, but the compulsion is not. Those developers who can get away with not doing this, as we all know, will attempt to do that. The swift brick will be back—I believe as early as Monday—but in the meantime, we will keep on working on this. I beg leave to withdraw this amendment.

Amendment 140 withdrawn.

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[Baroness Coffey (Con)]

My Lords, very briefly, I just want to refer to Amendment 190. Often when we are tabling legislation, people say, “Well, that’ll never happen”, but it does in a different way.

I remember a coastal path in parts of Yorkshire where Natural England had a writ for it to go through gardens. Understandably, the homeowners were very upset. Finally, at my insistence, Natural England did change the path, because I said the regulations would never be laid. There is an element here of why I understand why my noble friend Lord Roborough has tabled this amendment, and I hope that the Government will give him sufficient assurance.

[Baroness Grender (LD)]

My Lords, I will speak briefly to Amendment 190 in the name of the noble Lord, Lord Roborough, to which I have added my name.

Amendment 190 raises an important issue about the use of compulsory purchase orders in relation to environmental delivery plans. It seeks to prevent land that is part of a home or garden from being subject to such an order. This is a reasonable and proportionate safeguard, recognising the sensitivities that come with any proposal to acquire private property and the importance of ensuring that powers of this kind are used only where it is truly necessary for the public good.

This question sits within a much wider context of how we support land management and environmental delivery. Post Brexit and post the CAP, Governments of both colours have tried and often struggled to deliver mechanisms that provide public and private funding for farmers to deliver public goods. The number one priority of the National Farmers’ Union has always been that such schemes should be open to all farmers, allowing them to continue vital environmental projects as part of profitable, resilient businesses.

Moving on to the intentions behind Clause 83 and the desire to ensure that environmental delivery plans can be delivered effectively, there remains a need for greater clarity from the Government on how these compulsory purchase orders would operate in practice. I would particularly welcome assurances on the safeguards that will apply, the circumstances in which such powers might be used and whether the Government believe that there are sufficient limits to prevent their overreach.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Lord Roborough (Con)]

My Lords, I will speak in support of my noble friend Lord Lansley’s Amendments 158A and 164A, which seek to understand why the nature restoration levy may be mandatory. That would appear to go against the sense of the whole of Part 3, which is supposed to offer an alternative to the existing system of dealing with environmental planning matters.

If Natural England has the power to make the NRL mandatory, what is to stop it from exercising that power unfettered and in all cases? The solution to not getting reassurance on these amendments is to take out this power entirely, which is the effect of my own Amendment 164. My noble friend made a point that is worth the Minister considering, so can she reassure the House that those conditions could be tightened up and made more explicit, in order to inspire more confidence? I hope that she can reassure the House, and I will follow on from her response in my approach to my Amendment 164.

[Baroness Grender (LD)]

My Lords, I will speak very briefly, just in case there is a move to test the opinion of the House on Amendment 164 in the name of the noble Lord, Lord Roborough. While we understand the intent behind the proposal, we on these Benches are not persuaded that removing the provision for mandatory payments to the nature restoration fund would be a step in the right direction. If developers choose to proceed through an EDP route, it is only right that they contribute to the environmental mitigation and restoration measures that make those plans effective. Allowing them to opt out of such payments risks undermining the consistency and fairness of the system and could weaken the overall purpose of the fund to ensure that development contributes positively to nature recovery. Therefore, we approach the amendment, and a possible vote on it, with considerable caution.

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

My Lords, this group of amendments seeks to examine the circumstances in which an environmental delivery plan, and the associated levy payment, could be mandatory. Amendment 164, in the name of the noble Lord, Lord Roborough, would wholly remove the option for an EDP to be mandatory. Amendment 164A, in the name of the noble Lord, Lord Langsley, would significantly restrict the circumstances in which an EDP could be made mandatory. I assure noble Lords, as I previously stressed in Committee debates, that the scenario of mandatory EDPs and levy payments will arise only in limited, exceptional circumstances. I will explain that in a bit more detail—the noble Lord, Lord Lansley, suggested that I would say that again—to try to reassure noble Lords.

A key purpose of the NRF is to offer developers an alternative way to meet their environmental obligations, so it is not our intention to make EDPs the only route available. As I have set out, Natural England is able to recommend that an EDP be mandatory only where it believes this is necessary, and it would be required to set out its reasoning within that EDP. That would form part of the consultation on that EDP—allowing developers and others to support or oppose this approach —and the responses to that consultation would of course form part of the Secretary of State’s consideration before making that EDP.

We consider that these steps represent a significant consultative and democratic safeguard. However, we also recognise that there is interest in what circumstances the Government consider may be necessary for an EDP to be mandatory rather than optional. We consider that there are two broad possibilities, the first of which is in instances where the ability to make an EDP mandatory provides a crucial assurance to Natural England and the taxpayer. For example, were Natural England to work with the developer and invest significant resource into preparing a bespoke EDP to address the impacts of a single large development such as a piece of energy infrastructure, that EDP is not likely to be usable by anyone else. If the developer or promoter subsequently chose to discharge their environmental obligations via a different route, that cost of developing the EDP would be wasted. It is important, therefore, to have a mechanism to provide certainty that an EDP will be used in such a scenario.

Secondly, if an EDP could only secure the right conservation measures to pass the overall improvement test and if all developers in scope paid in, but consultation showed that a small minority of developers did not wish to do so, it may be reasonable for Natural England to recommend and for the Secretary of State to agree that the EDP should be mandatory. A consideration of the overall benefits to growth and development would be properly in the gift of the Secretary of State in this scenario.

It is also important to note that the Bill contains a duty on the Secretary of State in drafting the levy regulations to ensure that even where payment of the levy is mandatory, it does not make development economically unviable, as this would not deliver the win-win the NRF is seeking to achieve.

Noble Lords will have the opportunity to scrutinise these regulations. They are subject to the affirmative parliamentary procedure, which will enable stakeholders to have the opportunity to comment on regulations before they are made. In developing the regulations, we will, of course, work closely with stakeholders to ensure the effective operation of the levy system. Given this reassurance as to the limited circumstances where the levy could be mandatory, I hope that noble Lords will not press their amendments.

Amendment 158A, also in the name of the noble Lord, Lord Lansley, seeks to limit circumstances where an EDP could be amended so as to make payment of the levy mandatory. I assure the noble Lord that while we do not envisage Natural England amending an EDP to make payment of the levy mandatory, the Bill already provides that an EDP could be amended in this way. Such a scenario would be very unlikely to materialise, because the Secretary of State would need to consider whether making an EDP mandatory meets the high legal bar of this being necessary. However, if it did, the Bill as drafted already allows for this to happen, crucially, following further public consultation and, of course, the consent of the Secretary of State. With this reassurance, I hope the noble Lord will feel able to withdraw his amendment.

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[Lord Fuller (Con)]

But I am concerned, listening to this, because we will be letting the water undertakers—the sewage firms—off the hook if we are not careful. I say to my noble friend that I have looked carefully at the amendments. This whole Bill is about speeding up development; we have to get these homes going. It seems to me that we are potentially having a perverse incentive in allowing the sewage treatment firms to have a veto over new development.

The sewage treatment works and the operators—the water undertakers—are going to be the tail that wags the dog. If they say, “We haven’t got enough capacity, therefore you can’t connect”, no new homes will be built at all. I am really concerned about this. I went to the world heritage site at Iona in Scotland and its sewage treatment works were at capacity. It ended up with the visitor centre being forced to have its own package system that drained straight through the public areas, making it worse. In Norfolk, Anglian Water is saying that its sewage treatment plants are at capacity and it cannot contemplate any new homes. It is the blocker: 40,000 new homes in the greater Norwich area, as well as other areas, are now at risk. So far, so much for speeding development. This is going to slow it down, because it gives them a get-out—a perverse incentive not to invest in what they should be doing, while taking the money from business rates and so forth.

In aggregate, we are going to end up with more polluting package systems rather than connecting. That is no good for places such as Poringland, in my own area, where there is clay and the drainage is really poor. This is really important because by promoting a multiplicity of much smaller package systems, rather than incentivising the main sewerage providers to invest, we are going to avoid scale—and we need the larger, better-structured sewage treatment works brought up to scratch, because it is only then that they would address the phosphate problem. Phosphate is very difficult to do in a package system because there are harsh chemicals, so you have to wear face masks, gloves and all the health and safety paraphernalia. It all has to be carefully handled. This is where we get the economy of scale, which is what we should be encouraging.

Another point is that if we are to allow the sewage companies to say, “We think we’re full now, so you can’t have any more”, we will end up with more small package schemes. There is the smell. They are also unreliable and expensive to maintain. It is difficult to get them adopted.

I am really concerned about Amendment 198. I do not want to put the black spot on it entirely, but it needs to be improved. We would end up with a perverse situation in which there was a lack of capacity and we incentivised the sewage treatment companies and water companies to take it easy, rather than go the extra mile. This is not some theoretical risk. In places in Norfolk such as Heacham, Docking, Snettisham, Horsford, Brancaster and the entirety of the greater Norwich area, Anglian Water is holding up the delivery of tens of thousands of houses.

This is an infrastructure Bill, so there would be unintended consequences. While the amendment is well meaning—I accept everything the noble Baroness said about what is in the Water Act, and I accept that for smaller schemes this is it—if we are to have an infrastructure Bill, we need to remove the excuses for the sewage treatment companies and the water undertakings not to invest in that most basic infrastructure. It is as if we are going back to the days before Chamberlain in Birmingham and Bazalgette here on the Embankment in London. We spent ages on the Water Bill, and there is widespread concern about sewage discharge, but sewage discharges will be solved only if we hold the water companies’ feet to the flames and get them to invest. It is a real problem if they just say, “Well, it’s a bit difficult. We’re not going to invest, and therefore you can’t build houses and can’t get the economy moving”.

In summary, we need to make sure that we take into account that SUDS has a role for smaller schemes, but we should not allow the pressure to be taken off the large companies for the big schemes—the schemes that will deliver the homes this nation needs by getting roofs over people’s heads. Otherwise, we will never meet the targets. As it is, in the Times yesterday there were questions about whether we will even get half way to delivering the housing targets, let alone all the way.

[Baroness Grender (LD)]

I will speak briefly to this group. I applaud the noble Baroness, Lady McIntosh, for her resilience in the face of some opposition from her own Benches.

Amendment 197 seeks to end the automatic right for developers to connect surface water from new homes to the public sewerage system, regardless of capacity, and would instead provide a framework for the approval and adoption of sustainable drainage systems.

Amendment 198, also in the name of the noble Baroness, Lady McIntosh, would go further by linking the right to connect to compliance with the Government’s newly introduced national standards for sustainable drainage systems, creating a stronger incentive for developers to follow this guidance, in advance of full implementation of Schedule 3 to the Flood and Water Management Act 2010.

I believe that some of this was developed by the All-Party Group on Flooding and Flooded Communities, among others, and we certainly support what the noble Baroness is attempting to do with these amendments. Managing surface water is a huge challenge. It is such an irony that we have the problem of lots of surface water, but we also do not have enough water.

Protecting water quality, supporting biodiversity and reducing flood risk are really important priorities. We see the merits of these amendments. While they are not the only steps needed to achieve a fully resilient water system, they represent a constructive approach to improving drainage management in particular, and to encouraging developers to take responsibility for sustainable practices.

[Lord Blencathra (Con)]

My Lords, I thank my noble friend for tabling her amendments in this group. I know that the whole House respects her for her commitment to the issue of sustainable drainage, and I pay tribute to her for her persistence in raising this particular matter, because it is about time that we made some progress on it.

Our water system is put under pressure when developments are built out and connected up, and my noble friend is right to raise this. Can the Minister please take this opportunity to set out the Government’s ongoing work on delivering a sustainable future for our water systems? We would also be interested to hear what active steps the department is taking to engage with the development sector, including small and medium-sized developers, to ensure that existing non-statutory standards for sustainable drainage have been implemented.

My noble friends have mentioned 2010. I can beat that. I think it was in 1992 that, as Environment Minister, I was shown a revolutionary new system whereby the downpipes from our houses are connected to a soakaway and a system of seepage pipes about a foot underground, where the water then slowly leaked back into the soil. For big commercial car parks, the seepage pipes were put down a metre, so they were not crushed.

Those systems were in development then, and I said, “This is a jolly good idea, we should do it”, but the word was, “Oh no, Minister, it is not quite the right time to do it yet”. So I would be interested to hear what the Minister can say about that particular area. What development work is going on for seepage systems in ordinary domestic houses? We have millions of gallons of pure raindrops falling on our roofs, we put it into the sewerage system and then the water companies spend millions of pounds taking out the clean water again. Seepage systems must be the way to go in the near future.

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Moved by

[Baroness Grender]

199: After Clause 87, insert the following new Clause—
“Heritage tree preservation orders(1) A local planning authority may make a heritage tree preservation order in respect of a heritage tree.(2) The Secretary of State must make provision by regulations for heritage tree preservation orders, which must include provision— (a) for a heritage tree to have all the protections afforded to a tree by a tree preservation order under section 198 of the Town and Country Planning Act 1990 (power to make tree preservation orders);(b) requiring the owner of a heritage tree, or any other occupier of the land where the tree stands, to advertise appropriately its status as such, and the penalties for harming it, to persons approaching the tree or planning activities in its vicinity;(c) enabling the responsible planning authority, Natural England or the Secretary of State to order the owner of a heritage tree or any other occupier of the land where the tree stands to take specified reasonable steps to maintain and protect the tree and, if the owner or occupier does not take such steps in reasonable time, to take such steps itself and to recover the reasonable cost of doing so from the owner or occupier;(d) for the responsible planning authority, Natural England, the Secretary of State or another prescribed responsible body to enter into an agreement with the owner or occupier about the care and preservation of the heritage tree (a “heritage tree partnership agreement”), including about costs;(e) for additional or higher penalties for breach of a heritage tree preservation order.(3) The Secretary of State must make provision for the creation, publication and maintenance of a register of heritage trees in respect of which heritage tree preservation orders have been made.(4) For the purposes of this section, “heritage tree” means a tree listed as such by Natural England on grounds of exceptional historic, landscape, cultural or ecologic importance.(5) Natural England must create, publish and maintain a list of heritage trees in England for the purposes of this section.”Member’s explanatory statement
This new Clause provides for the protection of heritage trees.

[Baroness Grender (LD)]

My Lords, Amendment 199 is about heritage trees, and I thank everyone who has stayed for this debate. A special thank you goes to the noble Baroness, Lady Young of Old Scone, who has worked on this for far longer than me.

The existing mechanisms for tree preservation prove consistently inadequate when confronted by development pressure. To halt the continual attrition of irreplaceable ecological and historic assets, we must introduce specific mandatory, statutory safeguards. I thank the noble Baroness, Lady Bennett, for also signing Amendment 199, which achieves this by empowering local planning authorities to make heritage tree preservation orders: HTPOs. A heritage tree is precisely defined as one listed by Natural England based on its exceptional historic, landscape, cultural or ecological importance. They are exceptional—not just any old tree in somebody’s back garden.

Natural England is explicitly tasked with creating, publishing and maintaining this register of heritage trees in England. The measure would guarantee that these assets were afforded all the protections of a standard TPO but mandate significantly more rigorous enforcement and proactive care. Under it, the Secretary of State must make regulations specifying that breaches of an HTPO incur additional or higher penalties. Crucially, the system would move beyond reactive enforcement; the regulations must specifically enable the responsible authority, the planning authority, Natural England or the Secretary of State to order the owner or occupier to take specified, reasonable steps to maintain and protect the tree. If the owner failed to comply within a reasonable timeframe, the authority could execute the work itself and recover the reasonable cost.

This proposal would ensure that these vital historic assets were kept for future generations. It would be financially enforceable and remove uncertainty. Furthermore, transparency would be mandatory: owners must publicly advertise the tree’s status and penalties for harming it in the vicinity. The provision also encourages collaboration through heritage tree partnership agreements between the responsible body and the owner concerning care and costs.

The mechanisms within this amendment would deliver the focused legal protection required for irreplaceable features, moving accountability from discretionary planning guidance to a mandatory framework of enforcement and proactive conservation of our vital heritage trees. I beg to move.

[Baroness Young of Old Scone (Lab)]

My Lords, it would be exceptional if I did not support this amendment, in that it takes the provisions of my Private Member’s Bill and puts them into the amendment—so it would be a bit two-faced of me if I did not support it.

The noble Baroness, Lady Grender, has laid out clearly what the issue is. It is a very important issue in the public domain. We saw the outpourings that happened at the Sycamore Gap, and we see every year in the Tree of the Year competition just how many people exert themselves to vote for their favourite heritage tree. We have the beginnings of a register of these trees already in existence. I believe that my optimism, which was raised when the Government commissioned the Tree Council to put forward a report on what should happen, deserves a bit of encouragement, because, as yet, we have not had a very satisfactory response to the Tree Council’s research.

In Committee, I summarised the Government’s position as being that they felt that by saying that these trees were irreplaceable habitats was simply sufficient—but it is clearly not, as they are increasingly being damaged either by demolition or by poor management, so being called an irreplaceable habitat is not having any impact whatever. The second worry that I had in Committee was that, although the Tree Council had come forward with recommendations, it was clear that the Government were not planning to do very much as a result of them. It would be good to hear from the Minister tonight that, with this having been reflected on, there has been a change of heart, and I look forward to the Minister’s response.

--- Later in debate ---

[Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)]

I thank noble Lords for the debate and the noble Baroness for moving this amendment. Obviously, trees and the natural environment are very important to all of us, especially the Government. Trees offer profound environmental and societal benefits; they are instrumental in our efforts to mitigate and adapt to climate change, they support human well-being, and they provide important habitats for wildlife. We have considered the amendment proposed by the noble Baroness, which seeks to establish a new category of “heritage trees”—those of exceptional historic, landscape, cultural or ecological significance—and give them additional statutory protection.

As mentioned in previous debates, the tree preservation order system remains a vital mechanism for safeguarding trees and woodlands in England. Local authorities are already expected to consider the historic, cultural and ecological value of trees when making such orders. Local planning authorities are required to notify relevant parties when an order is made, and they are empowered to encourage good tree management, particularly in the context of making planning decisions. Enforcement powers are available to local officers and it is a criminal offence to cut down, uproot, wilfully damage or top or lop so as to destroy a protected tree without written consent from the authority.

We also recognise the value of trees in planning policy as a core component of natural capital. It is our position that trees should be incorporated into new developments wherever possible, and that existing trees should be retained. Furthermore, development that would result in the loss or deterioration of ancient woodland, or ancient or veteran trees, should be refused unless there are wholly exceptional reasons and a suitable compensation strategy exists.

Given these existing provisions, the amendment does not, in our view, offer sufficient additional protection to justify its implementation. The creation of a new category of heritage trees risks introducing confusion and placing an additional burden on both Natural England and local authorities, without delivering commensurate benefits.

In light of these considerations, I hope the noble Baroness will feel able to withdraw her amendment.

[Baroness Grender (LD)]

My Lords, I thank the Minister for the response. I will not be testing the opinion of the House, because I have a sense of clarity as to what the outcome would be right now. However, I do feel that there is a need to push for greater rigour and content within a Bill of this nature, and we will look to see whether there is further work that we can do to perhaps get it into a nature Bill in the future. That said, I beg leave to withdraw my amendment.

Amendment 199 withdrawn.

Planning and Infrastructure Bill

Baroness Grender Excerpts

Consideration of Commons amendments and / or reasons
Monday 24th November 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise to support very strongly Motion H1 in the name of the right reverend Prelate the Bishop of Norwich. I have two concerns about the Government’s response. The first is the issue of protection. That is not present at the moment; it is severely lacking. I have visited chalk streams and seen streams that are probably beyond recovery. It is still happening, so there is a real need for urgency to protect the rest of what we have, and perhaps to instigate measures to recover them.

Secondly, the Minister mentioned two organisations that, in my view as a Green, have been largely discredited in their protection of the environment: Natural England and the Environment Agency. Somehow, neither of them actually does what it is meant to do, and certainly not within the parameters of what one would expect. This is urgent: you cannot just keep leaving it to consultation and finding out more facts and details—it has to happen.

[Baroness Grender (LD)]

My Lords, I thank the Minister for the considerable amount of time she has given to so many of us in these discussions, particularly on Motions H1 and K1 in this group.

First, on K1—this is the wrong order, but I am going to do it that way anyway—I particularly welcome this new and additional commitment from the Dispatch Box to concentrating on nutrient pollution. That is a very welcome development today, and I support the noble Baroness, Lady Willis, in her response to that.

With regard to H1, sadly, we feel there is still progress to be made. The Minister will be aware that the right reverend Prelate the Bishop of Norwich has looked at and reflected on the criticism made in the House of Commons of spatial development strategies and their use, and has therefore provided us with an amendment this evening which uses guidance, backed by regulation. We believe that this approach is technically right and that it is possible to do this.

The second point is about time being of the essence. The Minister expressed frustration at the pace at which protection of chalk streams was moving under the previous Government. We are very much at the 11th hour, and time is so precious that embedding something in this legislation, even now, rather than waiting for a White Paper or a Bill next year—goodness knows how long that will take—is the very kernel of the argument for pressing the House of Commons to think again.

We are here in numbers. If the right reverend Prelate decides to test the opinion of the House, I hope that the Conservative Benches will join with us and the Cross Benches and express a strong opinion on this.

[Lord Krebs (CB)]

My Lords, I rise to speak very briefly to Motion K1. I join others in thanking the Minister for her statement from the Dispatch Box, which meets many of the concerns we had, and for the time she and other Ministers spent discussing this with us.

I just wanted to allude to one part of her statement, on the development of guidance. A lot of the devil will be in the detail of how builders actually receive guidance and respond to it. One is particularly concerned about small builders, who do not have a legal team to interpret the guidance or spend a lot of time trying to understand it.

My noble friend Lady Willis and I have spent quite a lot of time trying to understand how the pieces of the jigsaw fit together: the habitat regulations, the nature restoration fund, the EDPs and the biodiversity net gain requirements. We have produced our own flow chart, the Minister has provided flow charts, and we are still somewhat in the dark.

It is of course possible that the combined brains of two Oxford professors are not enough to tackle the complexity of this matter, but we have given it quite a lot of effort. Therefore, I very much welcome the Minister’s stating she will involve us both in helping to simplify the guidance in a way that will actually make it useful and practically helpful to builders and developers, particularly those running small businesses.