Planning and Infrastructure Bill

Baroness Jones of Moulsecoomb Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I declare an interest as a vice-president of the Local Government Association. It is a pleasure to follow the noble Earl, Lord Effingham—I almost agreed with some of the things he said. It was quite charming.

For a passionate Green like me, who spent the first 18 years of her life living in a council house, this planning Bill does nothing to make me happy. It trashes the environment, squashes newts and builds houses for the well-off. I want the Government to focus on social housing, and I want a country where people can live in those secure, warm and cheap to rent properties, paddle on clean beaches and swim in clean rivers, and explore water meadows and ancient woodland. Instead, the Government are determined to put a smile on the face of the big developers who funded the Conservatives for decades and are probably lining up to pay for Labour’s next election campaign.

The “trash for cash” approach outlined in Part 3 will be a disaster for nature and for human health, and has to be thrown out. Developers must not be allowed to pay money to destroy natural wealth to boost their private profits. Green councillors up and down the country argue that we want the right house in the right place at the right price, but the Government are giving us the wrong type of house in any old place that the developers want at whatever price the developers feel they can charge to boost their private profits.

I find Part 3 absolutely shocking. The Chancellor has declared that developers will not have to worry about bats, newts and frogs anymore. That is a straightforward betrayal of all the promises made about the target of protecting 30% of land and sea for nature by 2030. Those improvements to habitats and biodiversity simply will not happen under this Government if they pass these measures. I do not understand why they object to good ideas and reject good amendments. Swift bricks, for example, are a brilliantly simple idea, adding only a few pennies on to any new build, so why do the Government object? Why do they not stop objecting to any amendment that is not theirs, make it theirs and just do it?

The Prime Minister has declared war on the blockers and zealots. Who are these people? There are tree-huggers like me, but I am one voice in my local planning system. I do not live in Devon, Shropshire, Northumberland or Norfolk, or the thousands of local areas around the country which are full of these apparent zealots who the Prime Minister does not like. They truth is that they are just ordinary local people who stand up and object when a local woodland is threatened or a river is polluted by an intensive chicken farm. Those ordinary local people use the existing planning system to fight big developers. They try to compete with the builders, who have expensive lawyers and political access.

The Government promise us affordable housing, but that is a very misleading term. I remember the very long debates we had for 16 years in the London Assembly about what it meant—how affordable was “affordable” for a house. When the Government talk about millions for affordable housing, it is mostly a subsidy for developers to build the same houses but sell them at a reduced rate. It gives a lucky few the chance to get on the housing ladder, but it is often at the expense of the taxpayer.

We need to enable councils to build social housing again. Safe, secure, well-insulated housing would solve a lot of social and economic problems. For example, we would have schools where the parents could afford to feed pupils because their energy bills were low. The NHS would have fewer patients sick from malnutrition or from freezing in badly insulated flats, and the jobs market would have well-educated, healthy people to employ.

This is the bit where I try to be nice, so listen carefully: if the Government want Greens and the majority of noble Lords to support the Bill, they should give us guarantees that the current projections for irreplaceable habitats will not be up for negotiation, and that the environmental development plans will include an implementation schedule, enforced by Natural England—if we have to have it as a player—that is subject to judicial review. They should give us a Bill that makes social housing a priority, and give us affordable rents. They should give us a Bill that reduces pollution by removing the automatic right of developers to connect new housing with the sewerage system. Now that really would be worth voting for.

Planning and Infrastructure Bill

Baroness Jones of Moulsecoomb Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I speak in place of my noble friend Lady Bennett of Manor Castle. She is unable to be here today as she is hosting something that was set up months ago. As a former archaeologist, I am so annoyed by the Government’s attempt to do this. In fact, I have to warn noble Lords that I am going to be annoyed all day, because some of this Bill is absolutely appalling. I therefore very much support Amendment 48. I do not know whether we will vote on it, but I will certainly be there in the Content Lobby if we do.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I tabled my Amendment 50 before the Government tabled their own Amendment 49 in this group. Both seek, as the noble Baroness, Lady Pinnock, said, to leave out Clause 41. It is fair to say that that was the part of the Bill that caused the most concern among heritage groups. We heard in Committee about the concerns raised by bodies including the National Trust, the Heritage Alliance and the Government’s own heritage adviser, Historic England. I am pleased to say that the noble Lord, Lord Hendy of Richmond Hill, who responded to the debate in Committee and is a man who cares about both our heritage and innovation, very sensibly listened to that chorus of disapproval and undertook to look at this matter again in discussion with other Ministers.

I was therefore very pleased when I saw the government amendment that the noble Baroness, Lady Taylor of Stevenage, has tabled in this group, which responds to the concerns raised in Committee, both in this House and in another place, and in the representations made by heritage bodies. I also welcome the fact that she and the Heritage Minister, the noble Baroness, Lady Twycross, have met heritage groups directly to discuss this and other aspects of the Bill. That is very welcome, and I understand that it is the first of a number of round tables that they will hold on this issue.

Heritage and the construction of new infrastructure are sometimes held up to be in competition, which of course they are not. As the noble Lord, Lord Hendy, knows, for instance, from his time as chairman of the Heritage Railway Association, a proper celebration of our past can help to inspire and drive the innovation of the future. As we heard in Committee, if development is done in a way that respects the past and the vernacular of local communities, it then has greater support from those communities and is a much speedier and more welcome thing.

Having seen the government amendment, I will not press my Amendment 50 here on Report. I am glad that the Government have listened to the concerns raised in these debates.

Planning and Infrastructure Bill

Baroness Jones of Moulsecoomb Excerpts

Report stage
Monday 27th October 2025 Lords Chamber

[Baroness Grey-Thompson (CB)]

My Lords, I support Amendment 107 in the name of the noble Lord, Lord Addington. I declare that I am chair of Sport Wales and president of the Local Government Association. The noble Lord, Lord Addington, talked about those who volunteer for sports clubs. It is a tough job, but people do it because they know the impact that it has on people’s lives. It is a very sensible amendment.

We have to accept that we are living in an inactivity crisis. The World Health Organization has said that a third of adults worldwide do not reach the necessary levels of physical activity. Slightly closer to home, the Sport England active survey from last year shows, specifically around young people, that while the levels of participation are stable, without significant and sustained action we are going to hit a much bigger physical activity crisis.

Currently, between 5% and 6% of children have difficulty with movement skills, which impacts their ability to engage in physical activity. About 80% of women in this country are not fit enough to be healthy, which should raise a number of red flags. Playing fields are just part of the jigsaw of physical inactivity and how we should try to tackle it. We have to do everything we can to protect what we have. We also have to understand that we are in a cost of living crisis. Some sport participation has got much harder to be involved in. For a lot of people, this is a really cheap and easy solution for them to be active. If the noble Lord decides to take this to a Division, I will support him.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will speak to my Amendment 118. I am slightly at a loss, because I expected the Conservative Front Bench to do a blinding speech on Amendment 96, to which my amendment is more or less similar. Obviously, I think mine is better because I mention biodiversity, reuse and such things, but I suspect that my amendment, which I had hoped to put to a vote, probably would not beat the Conservative Amendment 96. Both amendments are supported by the Better Planning Coalition as an obvious step forward on improving what we have already.

While I am on my feet, I will just say that I refute the concept of a grey belt. A grey belt is green belt that has been left to rot, and we should be recovering that grey belt and making it green belt again. The green belt is absolutely necessary for our health, as other noble Lords have said.

We need to protect the well-being of land, ecosystems, people, towns and villages, and we really have to remember that this is something—including farmland—that we rely on for ourselves. I am hearing from farmers all over the country that they are losing good farming land. Given climate change, we could potentially face some huge challenges in feeding ourselves, and the loss of farmland will be a disaster. I think my Amendment 118 is a great amendment, but I am prepared not to put it to a vote if Amendment 96 is moved.

[Lord Roborough (Con)]

My Lords, I will speak briefly to my Amendments 95 and 98. I am very grateful to the noble Baroness, Lady Jones of Moulsecoomb, for her support for the protection of good agricultural land. Amendment 95 is a broader application of the principle that was debated and rejected by Government and Liberal Democrat Benches in this House last week. We on these Benches believe that food security is national security and, unlike for this Government, these are not empty words: we intend to put that into practice.

We remain concerned that the principle of protecting the best and most versatile land—grades 1, 2 and 3A—appears to be trampled at will, for not just solar farms under NSIP but other developments. We must do better. This land is responsible for supplying the lowest-cost, highest-quality food produced in our country and is far more productive than weaker grades of land. Building without due consideration on the land that we need to feed us is, frankly, short-sighted.

Amendment 98 asks the Government to report annually on how much of our land is being converted from agriculture to tarmac, steel, photovoltaic panels and concrete, and provides the basis for a more informed national debate on how we treat our productive land. I will not test the will of the House on these amendments. However, I would be most grateful to receive an assurance from the Minister that the Government take this issue as seriously as they should. This was not entirely clear from the response to the debate on solar farms and BMV last week.

I also support of the concept of Amendment 88, tabled by the noble Baroness, Lady Willis. Well-planned development needs to take into consideration access to green and blue open space, but also how this space can contribute to nature connectivity.

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Moved by

[Baroness Jones of Moulsecoomb]

86: After Clause 51, insert the following new Clause—
“Promotion of distributed water supply(1) When exercising functions under this Act in relation to planning applications, local planning authorities must have regard to how a proposed development could implement distributed water infrastructures and technologies for development-scale water reuse.(2) When discharging the duty in subsection (1), planning authorities must seek to secure, where viable and appropriate, the incorporation of —(a) distributed water storage solutions for individual buildings, and (b) shared water storage infrastructure at community and development scale,into developments seeking planning permission.(3) The water storage technology in section (2) includes but is not limited to—(a) distributed schemes for local storage and supply of rainwater and surface water,(b) rainwater harvesting of the largest sizes possible relative to building size, occupancy, and current and projected future water consumption,(c) greywater and blackwater recycling, and(d) water storage systems operated, co-managed or co-owned by local communities.”Member's explanatory statement
This amendment, requires planning authorities to support the inclusion of distributed and alternative water storage infrastructure projects in developments. This is to ensure the sustainable harvesting, use, or distribution of fit-for-purpose water by residents, communities, government services, and private businesses to reduce additional demand on catchment water resources and mitigate flood risk and water pollution.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this amendment was debated last week, but I would like to remind the House what it was about. Basically, it is about not losing—[Interruption.] Am I not allowed to say that? The Whip is shaking his head at me. I will rattle on until he stands up and shouts. In essence, this is about the recovery of storm-water, surface water and flood-water that otherwise rushes into our systems and is then totally gone. What we could do is catch that water and use it—instead of using extremely expensive tap-water—to wash cars, fill up paddling pools and so on.

[Lord Wilson of Sedgefield (Lab)]

I say to the noble Baroness that we debated this amendment last week. The Front Bench does not have the right of reply at this stage. We ask her whether she is pushing the amendment to a vote or withdrawing.

[Baroness Jones of Moulsecoomb (GP)]

I thank the noble Lord the Whip. I would like to test the opinion of the House on this incredibly important issue.

Planning and Infrastructure Bill

Baroness Jones of Moulsecoomb Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Lord Markham (Con)]

I speak to my Amendment 132 and fully support the intention of the noble Baroness, Lady Willis, which is trying not to add another layer to what we would all hope would be a streamlined process. With my amendment, I am trying to make a very simple point on proportionality: where there is an environmental assessment, there should be some sort of indication on how reasonable the cost within it is.

We all know about the very famous £100 million High Speed 2 bat tunnel story. What we do not know is the cost per bat saved. As a former Health Minister, I am very familiar with being asked these questions in the health space all the time: which medicines should we approve? We have a process for this called NICE. It very explicitly puts the value of a human life at somewhere between £20,000 to £30,000 per year in terms of a quality adjusted life year. It will approve medicines if they cost less than that and will explicitly say that we cannot afford a medicine on the NHS if it is above that. It explicitly puts a value on a year of a human’s life, which leads to difficult discussions, conversations and analysis. You end up saying to people that, unfortunately, the state will not pay for a type of medicine even though it might be life-saving. We have put a value on a human life in that and we have made that open to public debate.

We should have a similar reference point when talking about the environmental impact of the life of a bat or some other species, with reference to the value that we put on a human life. I am interested in the Minister’s views on what we can learn from the NICE debate in terms of proportionality, to make sure that we are not valuing the life of a bat, say, much more highly than the life of a human.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendment 130 in the name of the noble Baroness, Lady Willis of Summertown. It is supported by those champions of nature, the noble Lord, Lord Roborough, and the noble Baronesses, Lady Young and Lady Grender. I only wish I could have signed it myself.

I am not particularly interested in making things easier for developers—streamlining their processes is not my primary aim—but I strongly agree with the issues listed in Amendment 130: nutrient neutrality, water quality, water resource and air quality. Humans need these things for health. All our concerns about Part 3 have been supported by quite a lot of organisations, such as the Wildlife and Countryside Link, the Chartered Institute of Ecology and Environmental Management, the Bat Conservation Trust, the Better Planning Coalition, the Wildlife Trusts and the Royal Society, which have all raised concerns just as we in your Lordships’ House have done.

Our concerns and our amendments to Part 3 are a demonstration of how much we do not trust this Government to care about the countryside, nature, wildlife and human well-being. I trusted some in the previous Government to protect the countryside because they owned so much of it—they probably had its interests at heart and in their wallets—but many in this Government clearly prefer bulldozers to bats and beavers. To me, that immediately signals that we have a problem with this Government. Labour has been disappointing on nature, the environment and climate change. It occasionally talks about those things but does not understand them, and that is a source of real anxiety to me.

I have no trust in this Government doing the right thing to protect nature. They are opposing a series of very moderate, sensible suggestions to make our planning system more nature friendly. When I say that, I mean human friendly as well. We are nothing without nature—we need it very badly—but Labour has rejected the most minor of measures, for example over swift bricks in new buildings. It has said no to the most basic protections for our precious and rare chalk streams and fails to do the most obvious things, such as stopping developers attaching new buildings to already overloaded sewage systems.

If the noble Baroness, Lady Willis, decides to put this amendment to a vote, we on the Green Benches will support her very strongly.

[The Earl of Caithness (Con)]

My Lords, I put my name to Amendment 122 in the name of my noble friend Lord Roborough, because it is important that guidance is issued to Natural England on a number of issues that are going to be relevant. I am particularly keen on proposed new subsection (6)(d) on

“the need to define the proposed conservation measures relating to an EDP during a pre consultation period and to seek expressions of interest from appropriate persons or bodies to deliver them”.

It is hugely important that the private sector is involved. I hear good words from Natural England about getting on with farmers and trying to work with the private sector. The results are absolutely appalling when you look at them, and the private sector is very fed up with Natural England. This rather echoes the point made by the noble Baroness, Lady Jones of Moulsecoomb, who said that those of us who are keen on preserving and improving the countryside and biodiversity are very disappointed with how the Labour Government have behaved. It comes in stark contrast to what they said a few months ago when they were in opposition, which is where they will be again in a few years’ time; then they will be back in favour of the countryside.

I like Amendment 130 in the name of the noble Baroness, Lady Willis, very much. I hope that she will press it.

Planning and Infrastructure Bill

Baroness Jones of Moulsecoomb Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Lord Roborough (Con)]

My Lords, I shall speak to Amendments 131 and my other amendments in this group. Amendments 131, 137, 151 and 152 seek reassurance that Natural England will use the best available evidence when developing and approving EDPs, and that that will be confirmed by the Secretary of State. The reason for these amendments is that this has not always been clearly the case. That in turn is evidenced by the revised heather burning regulations that we will be debating tomorrow.

Amendment 156 would require that Natural England report each year on the performance of each EDP in that year. The Minister did not reassure the House in Committee that the reporting requirements for the nature restoration fund or individual EDPs were satisfactory. I am sure that each EDP will be reporting its performance internally annually. Can the Minister confirm that and, if so, why is there a reluctance to share that with the public?

Amendment 157 seeks to require the impact on the local community and economy to be assessed and reported on. In some of the more remote parts of our country we have seen rewilding schemes and similar undertaken which have undermined local economies and created distrust within local communities. It is critically important that there is this level of engagement with local communities. Requiring that ensures that their views are taken fully into account.

I hope the Minister can provide some reassurance here. Amendment 174 makes a simple substitution of “must” for “may”. Why would Natural England not be required to publish these conservation measures? Do we really think it will publish if doing so is merely voluntary? I hope the Government have made progress in addressing these concerns since Committee. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is absolutely pointless voting for this, because Natural England cannot do the job it has at the moment. Unless it is better resourced and has better structure, it is completely pointless giving it any more jobs. However, I stand here in the throes of two very strong emotions. I signed 38 Conservative amendments—I have never done anything like that before. I committed to something that I thought that the Conservatives were going to do, and they did not do it. They let us all down: they decided not to try to take out Part 3. That is shameful. If you are in opposition, why do you not oppose? What they have just done is playing politics. This is why politicians have such a bad reputation.

My second emotion is fury, which I normally mostly reserve for the Government. Part 3 absolutely stinks, and there should be no effort to get it through this House. It is a terrible piece of legislation. It completely ignores the fact that we need nature. We depend on nature, and the Labour Government are so eco-ignorant that they completely avoid the plot.

Going back to the Conservatives, they are not to be trusted. If they cannot oppose the Government when they know the Government are wrong, why on earth are they sitting here? Why are they bothering? There are some noble Lords on this side—I use the word “noble” advisedly—who, if I had moved Amendment 123, having cosigned it, would have supported me. I am very touched by that, and I thank them. However, we are allowing these amendments to go through. We are trying to improve them, but it is like putting lipstick on a lamppost. I am not going to say “pig”—I like pigs. It is like trying to tart up something that does not need it because it should be thrown out. I ask noble Lords not to vote for this and not to trust the Tories on any amendment they put forward from now on. They are playing politics. They are not trying to do their best for Britain: they are just thinking about themselves.

[Lord Cromwell (CB)]

My Lords, that was great fun. I hope the noble Baroness feels better for her confession of how many Conservative amendments she signed. It is a surprise to us all, I am sure.

I take a slightly different view. I do not know why we did not vote on Amendment 123; I wish we had, because I certainly would have supported it. I support all these attempts to improve the Bill. Why? Because the Government say that we should follow the science. They make great play of the evidence that should be underpinning all these EDPs. The amendments in this group, essentially, are about providing proper evidence, and surely that is not controversial. The best evidence is frequently referred to and proper reporting is required. I cannot understand why anybody would be against any of that.

I agree that Part 3 is a disaster, but we are trying to improve it. I do not know about lipstick on a lamp-post: I think we are just trying to improve it a bit, given what we have been given. I support these amendments, for what they are worth, and I think that castigating the Opposition does not really help greatly. They are trying as hard as they can to improve this.

[Lord Lansley (Con)]

May I just say—not least to the noble Baroness, Lady Jones—that, as it happens, I support the view that it would be wrong to take out Part 3 at this stage? I say that for procedural reasons. If we took out Part 3, in effect, we would send it back to the other place without Part 3 in it and it would reinstate it. I fail to see at what point we would be able to do all the things that we have just been talking about and will go on to talk about, which is to revise Part 3 so that we can do our job, which is to take all the most harmful aspects of Part 3 out and put improvements in.

[Baroness Jones of Moulsecoomb (GP)]

I am so sorry—I do not know whether I am allowed to shout at the noble Lord again. What are they revising? Tell me what they are revising. They are not revising anything: they are intransigent. They refuse to listen, so why are we even trying?

[Baroness Coffey (Con)]

My Lords, I understand what the noble Baroness is saying and I think Part 3 is so devastating, but I am not going to do a Second Reading speech, because I was pretty critical then. In respect of the amendments here, I particularly like Amendment 174. I also support the amendments on annual reporting.

On the best available scientific evidence, I think it is just worth considering this. I agree entirely that we have to have the scientific evidence, but one of the issues that Natural England has regularly been criticised for in terms of development is, for example, offshore wind farms. The Government are very clear they believe they are absolutely vital in terms of achieving net zero or, indeed, decarbonising electricity by 2030. It is the situation, however, that developers are then asked to do at least two seasons of what impact there will be on birds, and elements like that. One of the key reasons why so many projects get delayed is the extent of the evidence required in order to satisfy the decisions.

Having been a Secretary of State for Defra, and in charge of the R&D budget, I can assure noble Lords the House that every scientist will keep saying, “There’s a gap in the evidence” when they want more money. I am not complaining about that, but we need to make sure that we have appropriate evidence. We should not ignore the science, but to continue to try to say “the best available” means we could be here for a very long time. That may be the benefit that some people wish to achieve, but, while we definitely need proper scientific evidence, we have to balance what is ever going to be the best available.

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[Lord Moylan (Con)]

My Lords, I support my noble friend Lord Goldsmith of Richmond Park. It is a difficult thing to do in the wake of the very learned speech by the noble Lord, Lord Krebs, but there are sometimes occasions when things do not work in theory but work in practice. In Gibraltar, where a similar measure has been introduced, the population of swifts has stabilised, as I understand it. In the Duchy of Cornwall estate, where this requirement is made of builders, the occupancy rate of the cavities created by the swift bricks is 97%, not in every case by swifts but by other cavity nesting birds.

While I perfectly accept that the noble Lord, Lord Krebs, may be right—possibly there is something in the atmosphere in Oxford, I do not know—at the cost of the measure, as the noble Lord, Lord Empey, said, it is worth an experiment and going ahead and making this requirement. I do not think it will happen, despite the good will of the builders, unless it is passed into law.

I am always against new and excessive regulation, but there are good and bad regulations. Good regulations impose a very small burden on economic actors and have a direct outcome that is intimately and obviously related to the regulatory measure. Of course, bad regulations tend to impose very high burdens and produce all sorts of unintended consequences. Granted, this measure may not produce the intended consequence to the full degree hoped for, but it is very hard to see what poor unintended consequences it could have, and the cost of introducing it would be very small.

Think, for those houses where it works, of the sheer joy of the children of those households in being able to look out of the window and see swifts not only nesting but flying to and fro, maybe even catching those insects in full sight of their bedrooms. It is a very pleasing thought. We should all support this, rally round and make the leap of faith that may be required but is fully justified in this case.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I did say not to trust any more amendments from this side, but this is one I will vote for if the noble Lord puts it to the House. It is worth repeating that there is no downside. Secondly, there are eight species that use these swift bricks, four of which are red-listed. So this is a much bigger issue than swifts—sorry to the noble Lord, Lord Goldsmith. It is for our native birds, and we should keep that in mind when we vote.

[Baroness Coffey (Con)]

My Lords, I support Amendment 138 tabled by my noble friend Lord Roborough. Non-native invasive species are one of the top five pressures on biodiversity. It is extraordinary that despite there being a variety of government strategies under way, there is still, frankly, a lack of stuff really getting done. It is vital that as and when—or if—these EDPs get created, this must be tackled.

I recommend that the noble Lord, Lord Cromwell, speak to the Senior Deputy Speaker. The noble Lord, Lord Gardiner of Kimble, when he was a Defra Minister, was obsessed by biosecurity and tackling these invasive species. He used to pull up not the Japanese one but the balsam stuff—