Planning and Infrastructure Bill

Danny Kruger Excerpts
Kevin Hollinrake Portrait Kevin Hollinrake
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I can guarantee that we will support measures that we think will be successful. The hon. Gentleman brings up some of the work we tried to do in the previous Parliament, some of which was successful. Other things were unsuccessful, including our solution on nutrient neutrality, which was blocked by his party by about 100 votes in the House of Lords. The impact of that particular measure is considered negligible. We want to ensure that where any levies are put in place by Natural England, if the impacts are considered negligible, they are also negligible for developers.

Danny Kruger Portrait Danny Kruger (East Wiltshire) (Con)
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I very much agree with what my hon. Friend is saying. Does he agree that more could be done to protect irreplaceable chalk stream habitats, particularly in the south of England? Does he also agree that one thing we could do is designate those chalk stream habitats to be irreplaceable and ensure that the Government specify clearly what permissions might be available there?

Kevin Hollinrake Portrait Kevin Hollinrake
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We could talk with the Minister for Housing and Planning, the hon. Member for Greenwich and Woolwich (Matthew Pennycook) about making such amendments to the legislation as it passes through Committee.

I have other questions. Is Natural England sufficiently resourced to carry out its work? How long will it be before these plans are in place? Have the Government taken into account the inevitable delays due to judicial reviews of the environmental delivery plans? Is it not the case that the habitats regulations remain in place beneath this new system, so if a development does not show the overall improvement test for each identified environmental feature, as referenced in clause 55, the system will not apply and the developer will still need to build those bat tunnels and fish discos? Indeed, Sam Richards of Britain Remade states that it might set the bar even higher by requiring a net gain for that species. If an EDP covers one element of environmental impact but not others, the developer might have to pay into the levy and build the bat tunnel.

Have the Government also considered changes to section 20 of the Environment Act 2021, which this legislation is subject to? I am interested to hear the Minister’s reflections. Overall, we believe that it will take at least two to three years from Royal Assent for these EDPs to have meaningful effect. I am very happy to seek assurances from the Minister if that is not the case.

There are also understandable concerns about whether the route chosen will even deliver on its objective to protect the environment. The Chartered Institute of Ecology and Environmental Management has stated that the Government’s approach means that our natural capital assets will be destroyed immediately, and it could take decades for any improvement.