Planning and Infrastructure Bill (Eleventh sitting)

David Simmonds Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

[Matthew Pennycook]

I thank the shadow Minister for those fair and reasonable questions. I will provide a reassurance on the central mechanism by which we expect the Bill to operate. Electronic communication will become the default. Where parties do not agree to receive service of notice by electronic methods, or do not provide an electronic address for service, they will continue to receive notices by post, hand delivery or it being left at their address, so there is a clear mechanism for those who do not want to, or feel they cannot, receive such notices by electronic communication.

However, authorities will need to ensure that the electronic address given by recipients for service of notice is the one used when they serve notices electronically on that person. Where an action is triggered by the receipt of a notice under the CPO process, the legislation is clear that if notice is served by electronic communication, the notice will be taken to have been received on the next working day—“working day” is defined in the legislation. We will, of course, provide guidance for local authorities on best practice, and ensure that routes to legal challenge on procedural grounds are maintained.

The central point on which we must be clear is that where parties have agreed in writing to receive service of notice by electronic methods, the burden of responsibility for responding to an action triggered by receipt of a notice will lie solely with the recipient. If they do not feel able to administer the process on those grounds, there is an option to still receive notices in the existing manner.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

It is a pleasure to serve with you in the Chair, Ms Jardine. Is this proposed to become the default across Government? In my experience as a magistrate, large numbers of people do not attend court. The rules essentially say that a notice is deemed served if it has been posted to a correct postal address of the individual concerned. Clearly, that could become more efficient in the days of electronic communication. However, are we going to find that there is a sufficiently consistent approach, especially in situations where there is a dispute between the landowner and those acting in pursuit of the compulsory purchase order, so that there are no misunderstandings by lawyers advising people about which rules apply under this specific legislation, as opposed to other legislation of which they also have experience?

[Matthew Pennycook]

I take the shadow Minister’s point. He tempts me to opine on digital communication strategy across Government, but it is too early in the morning to do that. Different Government Departments are taking forward reform in different ways. I recognise the point he makes. It may or may not interest the Committee that I am required to do jury service in the coming weeks, which the Whips have some issue with. I received electronic and postal notice of that jury service. Different processes are in different stages of reform.

We are very clear that, for this process, we want to move to default electronic communication, which has lots of administrative benefits, but we have made provision for those who do not feel that they can move, or want to move, to that type of notice. We will, as I have said, provide guidance for local authorities on best practice and ensure that routes to legal challenge on procedural grounds are minimised. However, I will take the hon. Member’s point away. I am happy to share it with ministerial colleagues in other Departments. I think it is a fair challenge that the Government should ensure that, across the board, to the extent that they possibly can, they have a uniform approach to moving to electronic communication in instances where they want to do so.

Question put and agreed to.

Clause 83 accordingly ordered to stand part of the Bill.

Clause 84

Required content of newspaper notices

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Matthew Pennycook]

I again thank the shadow Minister for that fair and reasonable challenge. I recognise—as the other shadow Minister, the hon. Member for Ruislip, Northwood and Pinner, would—that the loss of local newspapers is very keenly felt in a London context. Blogs and other things have sprung up in their place, but this is definitely an issue. That is one of the reasons why we have determined not to remove the requirement to publish CPO notices in newspapers. We think that that does have benefits, particularly for members of the public who cannot access the internet, but we do think that a modernisation of the process is necessary.

This is not about reducing transparency; it is about making the administrative process more proportionate and more cost-effective. The key point is that the information contained in the newspaper notice will still give the location of the land and other information, and, importantly, as I have said, that will be complemented by information available in site notices affixed to the land in question, notices served on individuals, and information published about the CPO on the acquiring authority’s website—for example, electronic copies of the CPO, including a map and notices. The requirement to describe the land fully in these other notices is not changing. We are just trying to make more proportionate the information contained in the newspaper notice in question.

[David Simmonds]

I agree with my fellow shadow Minister that the Government are landing in the right place on this. It was a great frustration for many of us who served in local government that quite a few of those newspapers moved to being online-only, but maintained a print edition because that meant that they could charge the local authority £5,000 for putting a notice in that, if it was a lonely hearts ad or someone selling their car, would have been £25. The system has been abused at the expense of council tax payers for quite a long time, and this moves us a bit more to the right location.

[Matthew Pennycook]

I think I have said enough. There is no further information that I can provide on the clause.

Question put and agreed to.

Clause 84 accordingly ordered to stand part of the Bill.

Clause 85

Confirmation by acquiring authority: orders with modifications

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Matthew Pennycook]

Clause 92 amends the process for the confirmation of CPOs made under the New Towns Act 1981. Decisions to confirm CPOs made under the Acquisition of Land Act 1981, such as housing and planning CPOs, can be made by inspectors on the Secretary of State’s behalf, but currently, confirmation decisions on CPOs made under the New Towns Act must be taken by the relevant Secretary of State. Clause 92 introduces a power for confirmation decisions on CPOs made under the New Towns Act to be delegated to inspectors, although the Secretary of State will retain the ability to recover decisions for their determination. This change will ensure the decision-making process for CPOs facilitating new towns is streamlined and consistent with the confirmation of other CPOs.

Clause 92 also amends the decision-making process for directions for the payment of additional compensation under schedule 2A to the Land Compensation Act 1961 where an acquiring authority has not fulfilled the commitments it relied on when it obtained a direction allowing it to acquire the land without hope value. The clause introduces a power for the Secretary of State to appoint inspectors to take decisions on applications for additional compensation. This will ensure that the process for considering applications for additional compensation is more efficient and consistent with the approach set out in clause 91, which allows for the delegation of decisions on CPOs. The clause will make the authorisation process more efficient, resulting in quicker decisions.

[David Simmonds]

I just want to ask the Minister, in respect of the appointment of the inspector, what the Government’s thoughts are about the requirements for who that inspector would be. With reference to my fellow shadow Minister’s point on an earlier clause, one of the concerns is whether what emerges from this process will be a fair level of compensation, particularly in a constituency such as mine on the edge of London, where there is a lot of farmland—a lot of green-belt land—for which the occupiers will have paid a significant hope value premium to Parliament, sometimes decades ago. The same will be true in many potential development areas on the fringes of cities.

Clearly, it will be necessary that the inspector, who comes to a view about what an appropriate compensation payment is, has a relevant level of qualification. Again, does the Minister have a view about including a requirement for the inspector to have a relevant accountancy, surveying or other qualification that would enable them to discharge this function, or to secure the relevant advice, so that all parties can be confident in the decision that is made?

[Matthew Pennycook]

If the shadow Minister will allow me, I will come back to him in writing on the specific point of how the Government will ensure that the relevant inspector has the correct skillset to make the necessary decisions.

I think it is probably worth making two other points. First, how will the delegation of decisions to inspectors on CPOs made under the New Towns Act 1981 be considered? The appointment by the Secretary of State of an inspector to make the decision on a CPO made under the 1981 Act will be considered against the delegation criteria published in the Government’s guidance on the compulsory purchase process.

Secondly, there is the important question of whether the decision on an application for additional compensation will be delegated to the same inspector who considered the original CPO with the direction removing hope value. In that regard, it is important to note that the timescales between the confirmation of a CPO with a direction removing hope value and the determination of an application for additional compensation will vary in each case. As such, it may be impractical for the inspector who considered the original CPO with the direction removing hope value to determine the direction for additional compensation, so we need that flexibility.

[David Simmonds]

I understand the point the Minister is making. The lessons learnt from the HS2 project is that this can become a very significant source of hardship for land occupiers. I think of a constituent in his 90s who has waited six years for the payment of compensation for land that has been occupied throughout that time by HS2 in pursuance of its project. There are ongoing debates about how this will be settled. Despite an agreed figure having been reached some time ago, payment was held up. If the Minister is not minded to introduce deadlines around that, he might wish to table amendments to that effect at a later stage. I am interested in what he has to say about that.

[Matthew Pennycook]

I note the point that the hon. Gentleman is making. I will not comment on the specific case he raises, but I am keen to provide him with as much reassurance as possible about the skillset of inspectors, and that skillset being directly applicable to the types of cases they will be looking for in terms of compensation. On the practical considerations around the timescale of the process and other issues he has raised, I am more than happy to set that down in writing to him.

Question put and agreed to.

Clause 92 accordingly ordered to stand part of the Bill.

Clause 93

Reporting on extra-territorial environmental outcomes

Question proposed, That the clause stand part of the Bill.