Levelling-up and Regeneration Bill

Baroness Hayman of Ullock Excerpts

Committee stage
Tuesday 18th April 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Lord, Lord Lansley, for the introduction to his amendments. We fully support these extremely sensible additions to this part of the Bill. We have a number of amendments in this group, so if noble Lords will bear with me, I shall go through them.

Amendment 226 requires references to climate change mitigation and adaptation, to which the noble Lord referred. It ensures that plan making is interpreted in line with the Climate Change Act 2008. My Amendment 270 further defines and prioritises adaptation and resilience in order to have greater action to deal with flood risk and overheating. One of the reasons for tabling these amendments is that we do not believe that climate change is given sufficient attention in the Bill. We need to ensure that it is taken into account, particularly within planning. People talk about mitigation, but there is not enough talk about adaptation. Particularly when it comes to planning, it is something that we need to start looking at very seriously for the long term. I also thank the noble Earl, Lord Devon, for his support for Amendment 270.

Looking in more detail at Amendment 270, obviously I live in an area that is highly affected by flood risk. We know that at least one in six people in England is at risk from flooding from rivers and the sea, with many more at risk from surface water flooding. I am concerned that not enough attention has been given to flooding in the Bill. The Environment Agency estimates that the number of at-risk homes will double by 2050 due to the impact of climate change because of more volatile weather patterns, more intense rainfall and, therefore, more floods.

The Government are failing to build the efficient homes, strengthened flood defences and resilient natural habitats that are necessary to adapt to rising temperatures and flood risk. We need to do much more to ensure that the planning system effectively contributes to the delivery of our emission reduction targets and that any new development produces resilient and climate-proofed places. My Amendment 226 seeks to achieve that aim by ensuring that the process of plan making is fully aligned with the commitments set out in the Climate Change Act, and also in the Flood and Water Management Act 2010. It would do so by clarifying the meaning of climate change mitigation and adaptation in the Bill in such a way that they are directly tied to those Acts, thereby strengthening the duty placed on plan making via a 2008 amendment to the Planning and Compulsory Purchase Act 2004 that ensured that all plans contribute to the mitigation and adaptation of climate change. It is important that we ensure that all existing legislation is tied together effectively when we look at the challenges of climate change.

By ensuring that there is genuine coherence between the country’s planning system and its climate commitments, the amendment would also provide the foundation for more detailed national policy on how planning can actually contribute to achieving net-zero emissions by 2050 and mitigate climate change as fully as possible in the forthcoming NPPF review. Is the Minister able to provide us with an update on when we might see this issue addressed in that NPPF review?

My Amendment 270 is needed to reflect the fact that the climate crisis and, in particular, the impact of flooding is having a major impact on the social and economic viability of places and the mental and physical health of individuals. As a result, securing climate resilience should be central to the levelling-up agenda. The amendment seeks to give much greater specific legal weight to climate adaptation, which has become a Cinderella issue in planning decision-making.

There are a number of gaps in the current planning and legal framework that need to be addressed. While there is general duty to have regard to climate adaptation, this applies only to plan making and not to the actual decisions that are taken on individual planning applications. The fact that decisions can be taken contrary to planning policy weakens the connection between climate objectives and climate-proofed decisions. The absence of any definition in the Planning Act of the precise meaning of adaptation and resilience is also problematic. The absence in any part of planning legislation of a link to the vital provisions of the Climate Change Act also needs to be resolved. This amendment would both define and prioritise adaptation and resilience in a way that enables greater action to deal with flood risk and overheating.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

As I mentioned, this summer there will be a review of the whole framework, based on the responses already received. That will take place after the Bill has received Royal Assent. If there is any further detail I can add on the specific question about planning, I will either manage to get an answer while I am still at the Dispatch Box or write to members of the Committee. I will not make a commitment as to when that letter will be available, because we are coming back here on Thursday and that might be a little ambitious, but I will address those points separately.

Amendment 201 in the name of my noble friend Lord Lansley proposes that the joint spatial development strategy contribution to mitigating and adapting to climate change be made consistent with authorities’ other environmental targets, such as carbon reduction. I accept and understand the positive aims of this proposed amendment; however, new Section 15AA(2), as he mentioned, already contains requirements relating to climate change and environmental protection and improvement. In addition, the Environment Act 2021 has further strengthened the role of the planning system through mandatory biodiversity net gain and local nature recovery strategies, setting the foundations for planning to have a more proactive role in promoting nature’s recovery.

My noble friend also asked whether the provisions in Schedule 7 will ensure that local authorities meet their share of net zero. The net-zero target in legislation applies to the Government rather than individual authorities, recognising that net zero requires action across all aspects of policy, not just those within the remit of local authorities, and will therefore have different implications across different parts of the country.

As previously mentioned, chapters 14 and 15 of the current National Planning Policy Framework already contain clear policy that promotes the mitigation of and adaptation to climate change, as well as protection and improvement of the environment. The Government will carry out a fuller review of the framework following the Bill’s Royal Assent, as I said, to ensure that it contributes to climate change mitigation and adaptation as fully as possible. In light of these factors, planning authorities are already bound to address these issues when setting their planning strategies and policies. Indeed, including specific references within this legislation could be counterproductive if those requirements are replaced, updated or added to with other requirements at some stage in the future. Therefore, we do not believe that this amendment is necessary and it is not one that we shall feel able to support.

Amendment 272 in the name of the noble Baroness, Lady Bennett of Manor Castle, proposes that all planning permissions be subject to a new condition that requires any fencing granted by the permission to allow for free passage of hedgehogs. It would also give powers to the Secretary of State to publish guidance on design. The Government are committed to taking action to recover our threatened native species, such as hedgehogs, red squirrels, water voles and dormice. Our planning practice guidance already acknowledges the value of incorporating wildlife-supporting features into development, such as providing safe routes for hedgehogs to travel between sites. Our National Model Design Code additionally acknowledges the importance of retaining, improving and creating new natural habitats, through hedgehog highways, bee and bird bricks and bat and bird boxes.

Local planning authorities, in producing their design codes, need to ensure that nature is integrated into the design of places through the protection, enhancement and promotion of biodiversity. These small measures can have a large impact on enabling nature to thrive among developed areas, but the Government do not feel that mandating this through a standard national planning condition would be appropriate. There will be circumstances in which development proposals will not impact on hedgehog habitats. Those permissions would, if this amendment were accepted, be subject to additional and unreasonable requirements to accommodate species that are not present in that area, while creating financial burdens to comply with and discharge the condition. As a consequence, while the Government accept the positive intentions behind this amendment, it is not one that we feel able to support.

Amendment 273 in the name of the noble Baroness, Lady Bennett of Manor Castle, seeks to ensure that opportunities for reclamation, reuse and recycling from demolition processes are considered during the assessment of planning applications. As I have already made clear, the Government are committed to ensuring that the planning system contributes to addressing climate change. For example, the national model design code encourages sustainable construction, focused on reducing embodied carbon, embedding circular economy principles to reduce waste, designing for disassembly and exploring the remodel and reuse of buildings where possible, rather than rebuilding. The implications of demolition are already something which local planning authorities may consider when assessing applications for development. They can, if necessary, grant planning permission subject to conditions.

I understand the desire to look more broadly at the implications of construction activity for climate change. That is a desire that we all share. Evidence on the impact of carbon assessment tools and how they can work effectively in practice is, however, not yet clear-cut. We have sought views on methods and actions that could provide a proportionate and effective means of undertaking a carbon impact assessment in planning, which could take demolition into account. We also intend to consult further on our approach to the measurement and reduction of embodied carbon in new buildings, and it will be important for this work to happen before we can commit to any intervention that affects the planning decision-making process. For these reasons, the Government believe this amendment is not appropriate at the present time, and thus it is not one that we feel able to support.

[Baroness Hayman of Ullock (Lab)]

Obviously I put an amendment to that amendment, which was about viability assessments for proposed developments. I see the Minister is coming to it. Thank you.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I turn next to Amendment 273A in the name of the noble Baroness, Lady Hayman of Ullock, which indeed seeks to ensure that a viability assessment is taken when considering the opportunities for reclamation, reuse and recycling from demolition through a new pre-demolition audit proposed in Amendment 273. As has already been set out in response to earlier amendments, we have committed to making sure the planning system contributes to climate change mitigation and adaptation as fully as possible. We need to make sure that further steps we take are deliverable and effective. Building a viability assessment into any new pre-demolition audit would cut across the direction of the infrastructure levy, where we aim to reduce the use of viability assessments in the planning application process due to the uncertainty and delays they could cause.

I understand the desire to look more broadly at the implications of construction activity for climate change. That is a desire that we share, and that is why the Government have already consulted on implementing a form of carbon assessment in planning. This could take demolition into account. We will take responses to this consultation into account in designing the next steps on this. We also intend to consult further on our approach to the measurement and reduction of embodied carbon in new buildings, and it will be important for this work to happen before we can commit to making an intervention that affects the planning decision-making process. For these reasons, again, I believe this amendment is not appropriate at the present time, and thus it is not one that the Government feel able to support.

Amendment 293 in the name of the noble Baroness, Lady Jones of Moulsecoomb, looks to make ecological surveys mandatory in all planning applications to ensure that data on vulnerable species is robust and accurate and prevents assumptions being made about the presence or absence of species. The Government appreciate the spirit of this amendment, which was considered in the other place, and I would like to reassure this House that strong measures are already in place to promote and secure ecological conservation and enhancements where new development comes forward.

There is significant overlap with this amendment and existing legislation within the habitats regulations 2017 and the Wildlife and Countryside Act 1981. In particular, under the habitats regulations, if a development is likely to have a significant effect on a protected site, an appropriate assessment of the impacts must be undertaken and appropriate mitigation measures need to be in place to ensure that the proposed development can take place without a harmful impact on the integrity of that protected site.

Additionally, the current biodiversity circular also reinforces the need to establish the presence or otherwise of protected species before planning permission can be granted, and we are taking steps in accordance with the principles in the Environment Act 2021 to ensure that development results in environmental improvement, rather than merely preventing harm. This includes, for example, the introduction of mandatory biodiversity net gain which will require biodiversity assessments for all relevant developments in future.

The provisions in Part 6 of the Bill relating to environmental outcome reports also put the mitigation hierarchy at the centre of the new system of assessment which will apply to relevant major projects. Indeed, the Government have just laid an amendment to clarify the way the hierarchy should work for these reports, bringing it more into line with current practice. Therefore, while the Government agree with the intentions behind this amendment, existing legislation, in combination with national policy and our proposed reforms, will safeguard the ecological value of sites, so this amendment is not one that we feel able to support.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

I do not underestimate the serious concerns that wildfires increasingly present to local authorities and, indeed, to us all. These are matters that are spread across a number of different departments, I can say that the NPPF does apply its climate risk to all adaptation matters, including wildfires as I have said. There are issues that cross over between the Home Office and indeed Defra, and I shall do some further exploration between those departments and come back to my noble friend and the Members of the Committee in writing.

[Baroness Hayman of Ullock (Lab)]

Very briefly on flooding, there was no mention of flooding in the Environment Act, and it is not here—and that really worries me. I wonder if the Minister would be prepared to meet to discuss how we can build in flooding mitigation and adaptation better into our legislation?

[Baroness Bloomfield of Hinton Waldrist (Con)]

Absolutely, we are very happy to meet on all these issues.