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.