Planning and Infrastructure Act 2025 (Consequential Amendments) Regulations 2026

Debate between Baroness McIntosh of Pickering and Baroness Pinnock

Tuesday 23rd June 2026 Grand Committee

[Baroness McIntosh of Pickering (Con)]

I thank the Minister for presenting the regulations. I am afraid I am going to break the harmony. The Minister will recall our debates on the previous legislation that my noble friend Lord Lansley rehearsed. I go back to the time I was first elected to the other place—on the same day as my noble friend—in 1997, when the Labour Government introduced regional planning and a regional spatial strategy. I ask the same question now that I asked then: where will the voice of rural areas be heard? Which space will rural areas be occupying? The population of North Yorkshire is 11% of the total population of the region of Yorkshire and the Humber, and yet, with the replacement of districts and boroughs with a combined authority and a mayor, I would say that the rural areas have lost their voice. Over the years of the previous Labour Government—perhaps the next Prime Minister was quite a dominant part of that— I saw that the rural voice was pretty much extinct.

To give an example of why it is important that we consider the rural voice, there is a trend of building four-bedroom or five-bedroom homes, whereas in rural areas what we really need are one-bedroom or two-bedroom homes. Obviously, it is not necessarily of interest to developers to build that type of housing stock. The question then arises: what consultation will there be when these spatial strategies come out?

I have been looking at the pages on North Yorkshire and the surrounding area—York, East Riding and Hull. They have produced a spatial framework looking ahead to 2035 to 2050. I am aware of rural house prices being higher but, until I read that framework report, I was not aware that urban house prices in parts of North Yorkshire and Hull are higher. It will not have escaped the Minister’s attention that the incomes are predominantly lower in these areas, so there is the challenge of lower wages and higher house prices.

I would like to ask two questions. What consultation will there be, both at national level and at a more strategic level and how, in that consultation, will the rural voice be heard? As we now have a Mayor of York and North Yorkshire—I do not see mayors mentioned, but there must be an answer of which I am not aware —what will the relationship of the mayor be to producing answers to a spatial plan?

I echo my noble friend Lord Lansley’s request that the Government publish the responses to the National Planning Policy Framework. An underlying concern in all of this is that we do not develop areas on the functional flood plain of zone 3b.

[Baroness Pinnock (LD)]

My Lords, I declare my relevant interest as a councillor on a met council that will clearly be affected by these changes.

On the changes to the development of strategic plans, during the course of the Planning and Infrastructure Bill I raised concerns not about the benefits of a strategic plan, which covers a wider area than a local planning authority, but about the way it is to be developed. This comes to the fore again in this instance.

My first query is not what organisation will be responsible for the plan but who will be responsible for the plan. Paragraph 5.3 of the Explanatory Memorandum references a combination of principal authorities and combined authorities. One of my concerns is that these cover widely differing geographic and population sizes. For example, West Yorkshire Combined Authority covers 2.5 million people, whereas the York and North Yorkshire Combined Authority, with a mayor, has just a million people. There is a big disparity, which will have an impact on how a wider strategic look at development across an area is considered. It also has an impact on the engagement and involvement of locally elected members and residents who will be affected by the development of the strategic plan. So that is my first concern: who will do it? The Explanatory Memorandum talks about a strategic planning board but, if it is as undemocratic as the combined authority, I would have real concerns.

I will say a bit more about the “who”. We learned from the devolution Bill that, in combined authorities, mayors will be able to appoint up to nine or 10 people —the number escapes me—who will be responsible for different areas of the combined authority and the responsibilities of the mayor. Perhaps the Minister can put me right if I am wrong, but my assumption is that those relevant people—such as those in charge of transport, planning and infrastructure—would be part of the decision-making process and of this strategic planning board. I like democracy, and I am concerned that the plan will be created without due consideration of locally elected people, apart from the mayor—who is just one among many. There is a lack of accountability to local residents who will be directly affected by any plan that is created. I can tell noble Lords, from long experience, that planning is one of the issues that really gets residents concerned and involved, opposing planning decisions where necessary. That is a big area that I am concerned about.

My second concern is this. In the current fairly febrile and volatile nature of our politics, there is clearly a possibility of a significant change of political leadership in these combined authorities—there already was last year. If there is a change of political leadership and the new leadership wants to significantly change the strategic development plan, is that possible?

My third question is about local plans that local planning authorities and councils have already agreed. They potentially have a 15-year lifespan, although they have to be reviewed and updated every five years. Nevertheless, the basic plan and the policies that underpin it are determined. How does a strategic development plan sit with that if they are already in existence? The noble Lord, Lord Lansley, asked a similar question. Which one will override the other in this instance?

The fourth issue that I want to understand a bit better is the examination of an SDS. We have here at paragraph 5.7 that the Lord Chancellor will make these rules. But hang on, is that not something that should be determined, for instance, in this sort of forum—that these will be the rules that will determine how an SDS will be examined? To not have that openly discussed, debated and agreed puts a big question mark in my mind about it. When local plans are examined and inspected, yes the planning inspector is appointed by the Government and there are opportunities for representations by those concerned about particular elements of the plan, but that does not seem to be what is being suggested in the brief mention here or by what the Minister said.

Finally, the Minister said that local planning authorities must have regard to—that is a standard planning phrase—and be in general conformity to this. Presumably, that means that local planning authorities and local planning committees can, if they have good, sound reason, disregard the decisions that are made at a strategic development plan level. If not, I do not know why we have local democracy.

Although I am in favour of this and was in favour of the previous iteration of strategic development, at a regional level—it is very helpful to have a wide scheme—there are a lot of questions around how this will operate and who will make the decisions. I hope the Minister can put my mind at ease.

English Devolution and Community Empowerment Bill

Debate between Baroness McIntosh of Pickering and Baroness Pinnock

Committee stage
Monday 9th February 2026 Grand Committee

[Baroness Pinnock (LD)]

My Lords, this amendment was tabled by my noble friend Lord Goddard of Stockport, who is unfortunately not able to be here today. It seeks to insert a vital safeguard into Clause 45, ensuring that the specialised governance of our fire and rescue services is not diluted as the powers of regional mayors are expanded. As the Bill currently stands, it enables the transfer of fire and rescue authority functions to elected mayors, yet it does not mandate the same dedicated oversight and accountability that is necessary for this important emergency service. Amendment 170 would rectify this by requiring a mayor with these functions to arrange for a deputy mayor for fire and rescue, specifically to exercise those responsibilities.

The prime strength of this amendment is that would ensure governance arrangements for fire and rescue services, which would then run parallel with those already established for the police service. As the Government have rightly sought to abolish police and crime commissioners, they have abjectly failed to ensure that governance and accountability to the public are paramount. A reflection as to how potentially fragile our governance arrangements are can perhaps be informed by events in the United States of America, where the governance arrangements of policing have apparently been overturned with ease.

Can the Minister explain how replacing an elected police and crime commissioner by an unelected appointment, accountable to no one but the mayor, is an improvement in terms of public accountability? By extension, how will governance work if, as proposed, the fire and rescue service loses its direct governance and becomes the responsibility of an unnamed mayoral appointee? Further, there is a real risk that, as this Bill establishes a new tier of “strategic authorities” with broad “areas of competence”, the elected mayors will become “Lord High Everything”, as was the arrogant Pooh Bah in the “Mikado”.

Amendment 170 would ensure that fire and rescue functions receive the dedicated attention they require rather than being treated as a secondary concern within a massive strategic portfolio. This role would provide a clear point of contact for local public service partners and ensure that the strategic direction of emergency services is managed by an individual with a specific, focused mandate—albeit not a specific and focused democratic mandate.

Proper accountability is also lacking within the Government’s plans. The idea that a scrutiny panel, as with the police service, can be effective when only able to consider decisions post hoc is for the birds. I hope the Minister can agree to think about the challenge that Amendment 170 provides in the interests of public accountability. What we need is structural consistency between policing and the fire and rescue services and the dedicated and democratic accountability necessary to protect both our fire services and the communities they serve. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I hope I am not causing any confusion by having moved to these Benches. It was simply because the other Benches are very congested; I continue to support the same party that I supported when I came into this House as a Conservative Peer.

I would like to use Amendment 170—I congratulate the noble Baroness for speaking so eloquently to it—to probe the Government on an issue that is causing great concern, not dissimilar to that expressed by the noble Baroness, Lady Pinnock. I think from memory we were the only two Peers in this very Room who spoke against the orders for the combined authority of North Yorkshire.

[Baroness Pinnock (LD)]

It was thee and me.

[Baroness McIntosh of Pickering (Con)]

It was thee and me, yes—that was the sum total who voted against. I think that we were right and history has proven that to be the case. I am still trying to get my head around where the fire and rescue service sits in the combined authority of North Yorkshire. I am concerned that now it is going to be even more complicated if, having elected a mayor for York and North Yorkshire, as the noble Baroness has highlighted, this will now pass to the mayor.

This is causing me concern because I raised the point elsewhere about the number of BESS projects—basically clean energy projects, particularly battery storage projects and solar farms—across North Yorkshire and the lack of consulting with fire and rescue authorities, because they are not statutory consultees. I believe that that has highlighted a gap in the structure at the moment. I use this opportunity to ask the Minister—I see that we have switched places; sliding doors and switching places is a theme for today—how that will impact on a county such as North Yorkshire, or York and North Yorkshire, if there is going to be no democratic oversight and no accountability, if that is the current understanding in the Bill.

The noble Baroness, Lady Pinnock, is on to something here and I would like to listen carefully to how the Government plan to monitor this. I do not believe that rural counties have really been considered in the mix of things. Clearly, it is an oversight if fire and rescue authorities are not being consulted as statutory consultees to such major projects. For all the reasons that she gave, I think that another lacuna has been identified by Amendment 170 in the great scheme of things and I look very much to hearing the Minister’s reply.

Water (Special Measures) Bill [HL]

Debate between Baroness McIntosh of Pickering and Baroness Pinnock

Committee stage
Monday 28th October 2024 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I will speak also to Amendment 8 in my name. These amendments are in a group looking at exemptions from the rules under Clause 1. My particular concern relates to the obligations being imposed by Clause 1, and indeed the rest of the Bill, on water companies where they may not and could not possibly be held responsible for the activities they are undertaking because the fault lies with others who are not currently within the remit of the Bill.

The purpose of these amendments is to reflect the fact that water companies should be held responsible under the terms of the Bill, in particular Clause 1, only for those activities within their specific responsibility. Clearly, for example, where there are missed connections between wastewater pipes and major developments, water companies should not be held responsible if they are obliged to fit these new connections into inadequate, antiquated pipes that simply cannot take the amount of waste coming.

The background to this very simple measure follows from the Pitt review—the noble Baroness will recall that I raised this at Second Reading—following the severe floods of 2007. I think it is worthy of note that Sir Michael Pitt is from East Yorkshire, which is more vulnerable to coastal flooding than just about any other part of the country. His 2007 review identified, for the first time, surface water flooding as well.

In connection with surface water flooding, the two most consequential amendments set out that mandatory construction of sustainable drainage systems in major developments should take place so as to contain floodwater and prevent it mixing with sewage through overflows into the combined sewers.

Further, and this is where the developers should have a responsibility and not the water companies, I ask the Minister to look favourably at ending the automatic right to connect, which has so far never happened. That one measure alone would mean that misconnections—whereby the existing infrastructure is deemed to fit the amount of wastewater coming from major new developments—would simply not happen in the future. Most of these developments are made up of four or five-bedroom homes with, dare I say, four or five times the amount of sewage coming out of them into inadequate Victorian pipes. Currently, under the planning rules, developers and local authorities deem those connections to be safe and refuse to put in appropriate infrastructure to ensure that a safe connection can be made. Were the water companies to be recognised in the planning application process as statutory consultees, on the same basis as the Environment Agency comparatively recently has been, those misconnections could be averted. The simple measure of making water companies statutory consultees, on the same basis as the Environment Agency, would help in that regard.

When she looks at these amendments in summing up, would the Minister agree to obliging developers to have sustainable drains fitted to take excess rainwater into a soakaway, pond or culvert to prevent it mixing with sewage water in combined sewers, which is currently leading to sewage overflows? It is not fair to make the water companies responsible for that. Were they to be statutory consultees, they would probably argue that the wastewater will not fit the pipes currently in place.

This has led to some very perverse sewage spills. I remember when I was in the other place there was a school in Filey that suffered £1 million-worth of damage to its swimming pool and, I think, the maths department. Existing developments had to be evacuated for six to nine months because of the public health aspect of sewage coming in. Precisely because a small development of only 30 houses was pumping out so much sewage, the rainwater when mixed with it had nowhere else to go and it went into the school and the existing developments. I am sure noble Lords could give other examples of this.

I ask the Minister to review the way in which highways currently contribute to pollution through rainwater running off the road surface, taking with it oil, brake fluid and other pollutants. When this combines with floodwater, it enters the combined sewers and then often goes into homes, causing huge damage and a public health disaster.

I hope the Minister will agree that water companies should be held responsible for those activities within their control but cannot be held responsible for circumstances which are outwith their control. These two small, tightly-drawn amendments would fit that purpose.

I conclude by asking the Minister this. If these amendments are not added to the Bill, what mechanism do the Government intend to use to ensure that water companies will be held responsible under the Bill only for activities under their direct control and not those under the control of others, such as developers and highways authorities, which are currently excluded from the remit of the Bill? I beg to move.

[Baroness Pinnock (LD)]

My Lords, I broadly agree with the amendments in the name of the noble Baroness, Lady McIntosh. She raised some important issues, about, first of all, the way that surface water drainage is treated. As the Minister will know, surface water is combined with sewage water in the same pipes in many of our towns and cities, and increasing rainfall and development is putting pressure on that combined drainage system.

The other issue to consider, which the noble Baroness raised, is the pressure put on local authority planning services to agree to housing developments where the existing infrastructure is not appropriate to support them, with developers reluctant to fork out huge sums of money to pay for the additional drainage systems needed. The answer lies in empowering local authorities’ planning services to put conditions on planning consent which specifically require developers to build the appropriate infrastructure to support the development that they wish to build.

There is a related point. I am a local councillor; in my experience, where there is an issue of surface water, the planning services require underwater attenuation tanks to be built to hold that water until it can be released to the natural drainage systems, such as streams. However, the developers are very reluctant to do that, and are seeking to get around it in other ways. Surface water drainage issues and local authorities’ inability to enforce this is something that the Minister may wish to raise with her colleagues in local government when it comes to reforms of the planning system, as it will affect the Minister’s environment responsibilities. I agree with the amendments tabled by the noble Baroness, Lady McIntosh.