Levelling-up and Regeneration Bill

Baroness Parminter Excerpts

Committee stage
Monday 27th March 2023 Lords Chamber

Moved by

[Baroness Parminter]

184ZA: After Clause 85, insert the following new Clause—
Local nature recovery strategies(1) A local planning authority must ensure that their development plan (taken as a whole) incorporates such policies and proposals so as to deliver the objectives of the local nature recovery strategy.(2) Any policies or proposals in subsection (1) must be consistent with the proper exercise of the authority’s plan making functions.”Member's explanatory statement
This new Clause sets out the relationship between local nature recovery strategies (LNRSs) and statutory development plans to ensure LNRSs objectives are delivered and aligned with development plans. This is to help secure implementation of Environment Act requirements.

[Baroness Parminter (LD)]

My Lords, I rise to speak to Amendments 184ZA and 242I, which are in my name and in the names of the noble Baronesses, Lady Willis of Summertown and Lady Young of Old Scone, and the noble Lord, Lord Lucas. The noble Baroness, Lady Young, cannot be in her place today as she has tested positive for Covid; she is sorry she cannot be here to add strength to the weight of the case.

The point of these two amendments is to do the job that local nature recovery strategies need to do—as the Government set out in their Environment Act in only 2021—which is to help restore our much-depleted nature. As the strategies currently stand, they will not be able to do that unless they are given further significant weight in the planning processes. As we all know, nature is all about place; it is a spatial matter, so we need to protect the areas where our birds, species and ecosystems are placed. For noble Lords who are not familiar with local nature recovery strategies, I explain that they are a new requirement of the Environment Act which are due to come into place next month. They are spatial plans across England that will help us to identify where places are special in terms of biodiversity and habitats, to put together policies to enable us to protect areas, and to encourage our local authorities to build protection into their plans. There are about 40 of them across England, mainly at the county level. As local authorities currently need only to have regard to them rather than take account of them, there is a real danger they will not be able to do the job we need them to do. This is a job that the Office for Environmental Protection said earlier this year was essential because the Government are not delivering at the speed and the level we need them to in order to protect our environment.

All of us in this Chamber—particularly those of us who have been local councillors—know that when push comes to shove, nature often gets pushed aside if there is a planning application for a housing development or some other form of infrastructure. We need these local nature recovery strategies, which are done principally at the county level, to have some purchase on the unitary, district and borough plans of councils, as they seek to ensure that our areas meet the needs of local people and protect our nature at the same time. This amendment is needed because currently local authorities need only to have regard to these principally county-level plans. I think the plans will probably take a year or two to come into force, so there is time for us to get this right.

However, I acknowledge that the plans for county councils and other groups which will be drawing the local nature recovery strategies together were produced last week. For those of us who have had the chance to review that guidance to the local authorities, there are some significant concerns about what is being proposed. I know that we as a House will have our chance to say something on that, because a statutory instrument will have to come forward. This is the guidance to the county councils that will be bringing the local nature recovery strategies together. They will be bringing together different landowners and local people to pull all these elements together so that there is an agreed sense of what, on a landscape scale, our priorities for the future are. Bringing people together as part of that job is really important. It is also important that the plans are evidenced. It is extremely good news that Natural England is going to resource each one of these local nature recovery strategies with a policy officer in support so that the evidence is there, because we have to make sure that these are evidence-led.

--- Later in debate ---

[Lord Benyon (Con)]

There are over 200 clauses in the Bill, and what good legislation seeks to do is to achieve the right balance between the needs of society—new houses, energy and the rest of it—and the understanding that we have a serious problem. We think we have that degree of flexibility about right here. There may be other parts of the Bill that are more rigid in what they seek to achieve, but I have tried to explain that if flexibility did not exist here, rather timid plans might be created, and we want ambitious plans to be created for these local nature recovery strategies. That is why we think this degree of flexibility is the right way forward.

[Baroness Parminter (LD)]

I thank the Minister for his remarks, and for the fact that he recognised the strength of feeling right around the Committee. As he said, we all want the same thing; we all want to restore nature from its depleted state, and these local nature recovery strategies are a brilliant tool. As my noble friend Lord Teverson acknowledged, on these Benches and others we think this was a good initiative by the Government. The trouble is that it is not going quite far enough. Like the noble Lord, Lord Lucas, and others, I was initially buoyed by the Minister’s comments. In his words, this is about hard-wiring nature into the planning system. It is—that is what we are trying to do. Frankly, it is a once-in-a-generation opportunity to respond to the challenges that nature faces and that the citizens in our country are desperate for us to address.

Guidance alone will not be enough; it will not cut it—we know that. There are enough people in this Chamber who have been or are councillors who know that, when push comes to shove, if there is not some purchase on the planning system—if the local plan is not clear that the local nature recovery strategies are a key evidence base for the local plan—it just will not happen. Nature is not something you can just talk about, and the Government are good at getting plans together on local nature recovery. You can make as many targets as you like but if you do not will the means we will get nowhere.