Disadvantaged Communities

David Simmonds Excerpts

Wednesday 4th June 2025 Westminster Hall

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

It is a pleasure, once again, to serve under your chairmanship, Sir Roger. I add my congratulations to the hon. Member for Wolverhampton North East (Mrs Brackenridge) on securing this debate and bringing in many Members, who have articulated clearly their concerns about a variety of issues across their constituencies.

We all recognise that relieving poverty is one of the oldest and most central functions of our country’s local authorities; it has been enshrined in their duties since their inception. Many Members have referred to programmes of the past—under the last Labour Government, the coalition Government and the Conservative Government —and this debate, fundamentally, is about how we tackle this most effectively. There is no view that these issues are not important; it is simply a question about the most effective way of bringing about that relief, which we all wish to see. Indeed, levelling up, which was fundamentally about all these issues, was a key policy priority for the last Conservative Government, although it was one which, I have to acknowledge in all humility, we did not succeed in delivering in all the ways we wished to. None the less, there were some successes.

When we debate these issues in a political context, we always need to remember that it is not simply a matter of funding, as important as that is. In Wales, for example, the Government have had the benefit of an £1,800 premium over the rest of the UK in public spending. Wales has had a Labour Government for 25 years, and these issues are consistently worse in Wales—where I grew up—than they are in England. So how we spend the money to address these issues is almost as fundamental as the quantum of that spending.

[Gareth Snell]

I have always found the hon. Gentleman to be a diligent shadow Minister, and I appreciate him taking this intervention. He mentioned levelling up, and Stoke-on-Trent was one of the cities that genuinely got one of the larger allocations. The challenge was that it was mainly capital, so it allowed us to build things, but it did not allow us to have the revenue stream to staff those things to provide services. Would he welcome any move by this Government—I suspect that this is coming—to put more into revenue funding to support communities, rather than giving them the capital for big shiny things that look nice but do not actually improve the lives of people in our communities?

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[David Simmonds]

That is a really good example of where the “how” matters. The theory, which was certainly built into the funding formula under the last Conservative Government, and indeed, the coalition Government, was that growth in housing numbers, which many Members have spoken of as important, came with the new homes bonus. So that was additional revenue funding coming into the local authority as a result of that growth. The theory was that the infrastructure spending would be followed by growth in revenue as a result of those locally made decisions. Clearly, I understand that the Minister’s Department has taken the decision to cancel that as part of the funding formula, and she will no doubt set out what the Government’s new strategy will be. But what the hon. Gentleman describes is a really good example; it is no good having one without the other.

When we look at the ICON report and other consistent reports about this issue over the years, they highlight the significance of businesses as the backbone of any local community. The availability of work, in particular, is critical not just to the economic wellbeing of a community, but to the physical and mental health of those who live there. There is ample evidence, from the UK and all around the world, of the benefits that that brings. As we all know, it is a statistical fact that no Labour Government have ever left office having reduced unemployment—it is always higher when they leave office than when they take it—and the early-warning signs so far are not good. None the less, I hope that the Government will succeed in that agenda.

[Tom Hayes]

This Labour Government have seen 500,000 people added to employment since the election in July, which is a point that we should reflect on. But does the Conservative party commit to ending child poverty? Is that an explicit goal of the Conservative party under the current leadership?

[David Simmonds]

Ending child poverty has been a long-term commitment of the Conservative party. Reference has been made, positively, to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and the work that he did with the Centre for Social Justice, which enshrined that as a policy agenda during the years of the coalition Government. Again, this comes back to the question of how we most effectively achieve that. Evidence from across the country shows that growing up in workless households is one of the things that creates intergenerational poverty. The opportunity to grow up in a household where somebody works, even if it is only part time to begin with, is a fantastic boost to a child’s life chances. There are many other points within that.

[Ms Billington]

Is the hon. Gentleman prepared to accept responsibility for the significant increase in child poverty caused by the two-child benefit cap that was introduced by the last Tory Government?

[David Simmonds]

As Government Members are discovering, having voted to retain the two-child benefit cap as part of the Budget process last year, government is about making very difficult choices. The question becomes: is it fair for those who do not have children and who work in lower-paid jobs to pay additional taxes to cover the costs of other families? All of us who are parents need to face that choice, and I wish the Government luck with resolving that issue as they begin to think about it.

When we look at how Government resources are deployed across the country, it is very clear in our public spending figures—I commend the House of Commons Library for the excellent research papers that it produced on this—that spending is overwhelmingly focused on the relief of poverty. I commend the hon. Member for Blackpool South (Chris Webb) for his contribution. We see in health and social care, for example, that Blackpool has around £2,000 more per capita in public spending than Yorkshire. Governments and local authorities of all parties have prioritised those issues, and that is reflected in spending on all manner of public services. However, we also need to acknowledge that government is about choices and how we go about allocating resources. What we prioritise and the way we spend that will make a significant difference.

On creating opportunity and supporting the long-term delivery of healthcare, I ask the Minister to reflect on whether the cancellation of the level 7 apprenticeships programme, which is what trained specialist nurses for the NHS, has been a good step in creating opportunity for adults who can train to do more higher-paid work, or whether that will—as the NHS and other bodies have highlighted—result in a significant negative impact on the pipeline of specialist nursing and medical staff. Will the Minister reflect on whether the national insurance contributions increase, which leaves councils a net £1.5 billion worse off—a £1.5 billion cut in local government spending by the Labour Government—will contribute to addressing the agenda that many Members have set out?

The winter fuel payment has been touched on. The Prime Minister has hinted that a U-turn is coming; it is clear that many Government Members will welcome that. The same applies to the two-child benefit cap and the Government’s plans around disability. Under the previous Government, there was a programme, which I think the current Government are continuing in a different form, to enable those with a disability who want to work more hours to have that opportunity. But we will all have seen in our inboxes the level of concern that has been triggered among members of the public. Ultimately, it is for Members opposite to decide how they deal with pensioner poverty, the impact of cuts to disability benefits and the impact of the two-child benefit cap, as they are now in government.

There is the fact that rough sleeping has seen a remarkable increase, particularly in England and in London specifically, under this Government—there has been a 27% increase, according to St Mungo’s, since they took office—and there have been widespread reports about the impact of a significant reduction in house building under this Government. Building 1.5 million new homes was always going to be a challenge—I think we acknowledge that across parties—but a recent Guardian investigation highlighted that there has been a collapse in house building since this Government took office.

We are seeing the implementation of all these other policies, which are a choice made by Labour Members and their Government. Will all of those choices help to address and ameliorate the issues that Members have so passionately and eloquently set out? I would argue that that is not the case, and that the negative downward trends in the economy will see more households and families facing significant challenges. I would also argue that the fact, as widely reported, that all of the growth in the UK economy is due to rising household bills—in particular, higher energy costs under this Government—will be a significant headwind for the reduction and addressing of poverty, and that the toxic combination of rising unemployment, debt and taxes will create significant headwinds when it comes to addressing the issues that Members are rightly and passionately concerned about.

[Alison Hume]

The shadow Minister is speaking quite eloquently about the failings, as he sees them, of the Labour Government, who have been in power for 10 months. Does he not accept that the communities that many hon. Members have talked about are disadvantaged because of the profound failure of the past 14 years?

[David Simmonds]

In a word, no. I do not accept that. I do not believe for a moment that we address challenges of long-term poverty and disadvantage in a short-term way, but the purpose of this debate is to ask whether the decisions being made are taking us in a positive direction of travel that will benefit those we are here to talk about or whether they will have a significant negative impact.

I have set out the evidence: the loss of the winter fuel payment, the cuts to disability support, the two-child benefit cap, and the measures in October’s Budget, which all Government Members voted for, that saw every single Department except the NHS receive no extra funding for the duration of this Parliament. Our councils are net £1.5 billion worse off as a result of the unfunded rise in national insurance. All of that will bear down on the capacity of our public sector and public services to respond.

The hon. Member for Leyton and Wanstead (Mr Bailey) talked passionately about housing. I will share an example. My local authority has seen a significant impact, in that 20% of applications for housing are now from approved asylum seekers and Chagossians displaced to the UK by the Government’s deal. All these decisions—I have set out quite a small subset of them—have an impact in the real world in our communities, and it is my contention that that impact is now pushing poverty to a greater degree and making life more challenging for many people in our country.

I will finish with this point—

[Michelle Welsh]

Will the hon. Gentleman give way?

[Sir Roger Gale (in the Chair)]

Order. No.

[David Simmonds]

I note your look, Sir Roger.

Much was made in last year’s Budget of a supposed £22 billion funding gap, which was swiftly debunked by those more expert in that field than I am. That is about 1.6% of total spending by the British Government; it is a very small amount in the national figures. I am sure Government Members will have noted that the Government borrowed £20 billion last month alone, to fund the amount by which their spending is exceeding their capacity to raise money. That is £20 billion added to debt by this Government in a single month. I am sure Members will accept, having seen the impact that debt has in local communities, that that is not taking our country in a positive direction.

Planning and Infrastructure Bill (Fourteenth sitting)

David Simmonds Excerpts

Committee stage
Thursday 22nd May 2025 Public Bill Committees

[Gideon Amos]

I will be brief as we come to the last couple of new clauses that we on the Liberal Democrat Benches wish to speak to today. I was speaking to new clause 101, which relates to playing fields. Fields in Trust is a charity that helps to protect playing fields and green spaces. Its public green space index is a way to track change over time, and it consistently finds inequality of access: one in three children do not have a playground close to home and 6.3 million people live more than 10 minutes away in walking time from a green space.

The new clause would place a duty on local planning authorities to protect playing fields and pitches from development. In March this year—a couple of months ago—the Government announced that some organisations, including Sport England, will no longer be statutory consultees on planning decisions, in order to speed up development. The press release states:

“The NPPF is clear that existing open spaces, sports, recreational buildings and land, including playing fields, should not be built on unless an assessment has shown the space to be surplus to requirements or it will be replaced by equivalent or better provision.”

The Government argued that such protections were sufficient, but Sport England states that:

“from 2022-23 alone it protected more than 1,000 playing fields across the country.”

That was in a Guardian article where it was reported that thousands of playing fields may be lost. The protections in the NPPF are therefore not sufficient. The effect of removing Sport England as a statutory consultee can only be to speed up development on playing fields.

Sport England has also stated that

“it responds to over 98% of applications within 21 days and that in 70% of statutory applications it does not object.”

There is not a source of unnecessary delay as a result of Sport England being involved in the process. If those provisions are being removed, then the Government need to put in place more robust legal provisions for playing fields. The new clause would do that so that important community assets are not lost.

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

I will be brief: the issues in new clause 111, which it is my privilege to speak to, have already been extensively debated. We have just heard about protections in respect of playing fields; new clause 111 is about protections in respect of villages. Those are relevant to places such as Harefield in my constituency—pretty much the last village in London—and to the concerns highlighted by many Members, including my hon. Friend the Member for Broxbourne (Lewis Cocking), about some recent decisions on infilling, which puts the separation of villages from nearby towns at some degree of risk. We are keen to preserve it. We will press the new clause to a vote in due course.

[Lewis Cocking (Broxbourne) (Con)]

I rise in support of the important new clause 111, in the name of the shadow Minister. I have six villages in my patch—Goffs Oak, Hertford Heath, Brickendon, Great Amwell, St Margarets and Stanstead Abbotts—all of which have a unique character. We need to protect village life; villages are all unique and different. The new clause is not saying that we do not want any development in villages—of course, to make progress, there has to be developmentbut people in villages in my constituency, and probably across the country, are fearful of having loads of development so that villages all get connected up together and lose their rural identity, village community and spirit.

I would like the Government to really consider the new changes they have made to the national planning policy framework, particularly on villages. As I said, when we drive throughout the country, probably through hundreds of villages, we know they are all unique and have a different character. We should try to maintain that, rather than having an urban sprawl, with no green spaces left and developments that all link together. I fully support the new clause in the shadow Minister’s name.

Planning and Infrastructure Bill (Thirteenth sitting)

David Simmonds Excerpts

Committee stage
Thursday 22nd May 2025 Public Bill Committees

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

It is once again a pleasure to serve with you in the Chair, Ms Jardine.

We broadly support the aim of this new clause. I know my colleague the noble Lord Goldsmith proposed a similar amendment in the House of Lords, which Baroness Taylor and the Secretary of State at DEFRA have indicated they are supportive of. However, there are some flaws in the new clause. It is clear that rather than just habitats for swifts, there are creatures—insects in particular—that would also benefit from similar arrangements within the building industry. Creatures such as starlings, which are something of an iconic British bird and also nest in buildings, would require an alternative design provision.

I am not inclined to seek a vote, but it would be helpful to hear from the Minister that there will be consideration given to ensuring that new buildings—both homes and, where possible, commercial buildings—incorporate features designed to support the nesting of birds and other creatures that may use those habitats in a way that is sympathetic to the use of the building.

[Gideon Amos]

I rise to speak to new clause 26, which would increase biodiversity net gain to 20% for nationally significant infrastructure projects, and new clause 27 on swift bricks. The Committee will be relieved to know that I will not repeat all the points that have been made on this. It is worth saying that the swift bricks proposal has widespread public support and would be a very small and limited change to introduce to building practices. Swifts fly thousands of miles from the Congo basin and back across the Sahara desert twice. When they get here, quite often they find that their nesting places have gone, have been sealed up or are not available. This new clause would make a significant contribution to providing better habitats for swifts and other bird species. We are in support of this new clause.

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[Olly Glover]

I beg to move, That the clause be read a Second time.

New clause 30 would require the Secretary of State to conduct an annual review of the capacity of local planning authorities. The Bill’s passage appears likely, given the size of the Government’s majority, but it will impose a number of additional duties and responsibilities on local planning authorities, and meeting the proposals for housing growth will also stretch their capacity. Our new clause would require a review of their capacity and resources, as well as the impact of issues, such as lack of capacity in the construction sector or supply chains, on achieving some of the housing goals that are being put forward.

While this Government have an ambition to build lots of homes, it is important that we pay attention to how that happens. We know that local authorities are already under-resourced. I am sure that the Government appreciate the need to support local authorities in delivering housing and all the accompanying infrastructure, and we feel that this new clause would go some way towards doing that. At the risk of anticipating that the Minister is unlikely to support the new clause, we look forward to hearing what alternative solutions he may have to these challenges in planning capacity.

[David Simmonds]

I briefly draw the Committee’s attention to the Planning Advisory Service. As a result of a long-standing arrangement with the Local Government Association, through a funding set-up whereby local authorities and Government provide resources, both peer-support services and these activities are already provided in partnership with local authorities. For that reason, I would be reluctant to seek a legislative method of delivering something that is already, in practice, working well on a voluntary basis. There will always be a debate about whether local authorities feel that their resources are sufficient, but in supporting them to undertake the capacity assessment and build their capacity by working with their peers, that arrangement has been in place and working well for several decades.

[Matthew Pennycook]

I thank the hon. Member for Didcot and Wantage for—

[David Simmonds]

On a point of order, Ms Jardine. I should declare that I am an unpaid parliamentary vice-president of the Local Government Association, which I referred to in my contribution.

[Matthew Pennycook]

I welcome that clarification from the shadow Minister and thank him for his comments. He highlighted the important role that the Planning Advisory Service plays.

Skilled planners are essential to delivering efficient, proactive planning services and ensuring that new development supports growth and high-quality design of places and homes. The Government recognise the mounting pressures on local planning authorities as they adapt to significant reforms, both in how we want to reform the house building system and in boosting housing supply. That is why we have legislated in the Bill to allow all local planning authorities to set their own planning fees in order to increase resources in a way that responds to the individual needs of each authority and, as we have debated at length on previous clauses, ensure those fees are ringfenced.

Furthermore, the Chancellor announced—I have said this before, but it is worth my pointing to the Government’s good efforts in this area at every opportunity—a £46 million investment for 2025–26 at the Budget last year, supporting planning capacity and capability, including the recruitment and training of at least 300 graduate and apprentice planners. Funding is also being used to support implementation of the revised national planning policy framework. For example, we allocated substantial funds to local planning authorities to assist them with green belt reviews.

Alongside that, our planning capacity and capability programme works with sector partners to build long-term skills, modernise local plans and speed up decision making, using innovation and digital tools. Importantly, we are closely tracking the impact of those interventions through an embedded research and evaluation team. A national survey conducted in 2023 informs our approach; a further survey, now concluding, will build on that baseline. Given the robust programme of support and evaluation already in place, we are of the view that the new clause is not necessary, and I hope that with those reassurances he might be minded to withdraw it.

Planning and Infrastructure Bill (Twelfth sitting)

David Simmonds Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

[Paul Holmes]

It is a pleasure, as ever, to serve under your chairmanship, Ms Jardine. I would like to speak to new clause 76, which is in my name.

This new clause seeks to probe the Minister’s thoughts about the success of local authorities in tackling and challenging the unauthorised development that has gone on. As he will know, the last Government made intentional unauthorised development a material consideration, meaning that planning permission could be refused, and there is a presumption that it should be refused, when development has taken place without consent.

I think it is safe to say that we do not think—many of us see this in our constituencies—that that is being enforced uniformly. The shadow Secretary of State, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), has an open case at the moment, and I am sure all of us, as elected MPs, have had such cases in the past. There is also an issue with unauthorised encampments. The new clause goes a step further by saying that if development has taken place without authorisation, the planning authority should not grant consent. This is a probing amendment because such provisions already exist, but there are many examples across the country of enforcement not taking place.

New clause 76 requires that no planning permission is to be granted in cases of intentional unauthorised development. It would provide a power to the local planning authority not to grant consent for development

“where there has been intentional unauthorised development in respect of the land or properties which are to be subject to that development.”

It gives further detail about the meaning of “intentional unauthorised development”, which

“(a) includes any development of land undertaken in advance of obtaining planning permission”,

but

“(b) does not include any unintentional, minor or trivial works undertaken without having obtained the relevant permission.”

We have put in paragraph (b) to take account of householders who have undertaken small modifications—for instance, small extensions, walls or garden sheds—that in certain circumstances would need planning permission. We do not want to persecute or make the law come down hard on those who have made a genuine mistake. This is about larger unauthorised development. The reason for tabling the new clause is that we think the Bill should go further in restricting unauthorised development, and that we want local planning authorities to be able to enforce the powers they have through the legislative changes made by the last Government.

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

Does my hon. Friend agree that, particularly in the context of our earlier debate about hope value, it is important that this issue is addressed? For law-abiding citizens, nothing is more frustrating than someone carrying out an unauthorised development, potentially on a site in the green belt, as we have seen on a number of occasions, and then being able to regularise that by obtaining retrospective planning permission, when, had they applied lawfully to begin with, it would have been refused. That is an injustice in the planning system that needs to be addressed.

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[Paul Holmes]

I rise to speak to new clauses 48, 49, 50 and 75, most of which are in the name of my hon. Friend the Member for Ruislip, Northwood and Pinner—I do not know whether he intends to intervene or to speak after me, but he is more than welcome to do so, because he drafted the new clauses and can do them a lot more justice then I can.

These wide-ranging provisions would help strengthen the legislation. We tabled new clause 48 because we want to review the method for assessing local housing need. The current method does not adequately account for the type of home being built. For example, a family home can accommodate more people than a one-bedroom flat, and it should count for more because it goes further towards meeting a local area’s housing need. Under the current methodology, we often end up with the wrong stock being built and with people being displaced or having to move away from long-standing connections in their local area.

New clause 48 states:

“The Secretary of State must, within six months of the passing of this Act, review the standard method for assessing local housing need…A review under this section must consider…how the method for assessing local housing need should consider different types of property”—

as we have indicated, that should be based on demographics and local housing lists—

“basing calculations on price per square metre rather than price per unit…In conducting a review under this section, the Secretary of State must consult…local councils; and…any other parties the Secretary of State considers appropriate.”

[David Simmonds]

My hon. Friend is making an excellent and eloquent speech—far more excellent and eloquent than my contribution will be. Does he agree that one of the big concerns the Bill needs to address is the sense among some constituents that new housing development is not built for them or their community? We need to make sure that this debate is about homes, and that means we need greater subtlety and nuance in housing plans and the targets we set. It is not simply about delivering units—the dark towers we see in parts of central London, whose units are not available to or occupied by the local community—but about having a housing supply that reflects the needs of a particular place.

[Paul Holmes]

My hon. Friend is absolutely correct. Who can say the Conservative party is divided when we have a bromance like this? My hon. Friend and I agree with each other all the time. He says that my speech is better than his, which is untrue, but he makes a serious point. The whole point of the Bill, and of our being here, is to ensure that housing is deliverable and accountable, and that it adapts to the will and the needs of local people. We are in Parliament and we stand for election predominantly to make our areas better and to leave the world in a better place, with people feeling better.

In my constituency, we have many four-bed and five-bed family homes. We also have a huge housing waiting list. Those homes cost £250,000 each. Of course, I aspire to being able to afford a house like that myself one day, but we need to ensure that the right housing is being built for people in Eastleigh and Fareham town centres. Often, they are displaced down the road to Southampton and Portsmouth, or to other areas of the country with which they have no connection. That is simply not fair. We tabled the new clause to see, first, whether the Minister agrees with it—I suspect he will do more resisting—and secondly, whether he will try to ascertain how we genuinely improve the method for assessing local housing need.

We had a brief debate about whether housing targets were warranted and whether people think they are good or bad. The Minister knows my position: I think they have been set for a particular reason, but that was a debate on a different clause. We want new towns to contribute towards meeting housing targets. As the Minister knows, new towns do not currently do that and are not included among those that can meet housing needs in local plans. New clause 49, which my hon. Friend the Member for Ruislip, Northwood and Pinner tabled, would change that to include new towns, for several reasons.

First, that would give certainty to constituents that once a local plan had been developed and proposals had gone forward for consultation, they would not be surprised by the Government’s suddenly announcing a new town. The Government are prone to doing that at the moment—I say that neutrally. When that happens, an area seems to have to take much more housing because the new town does not, on paper, contribute to the targets. I believe that, because new towns do not contribute to those targets, they suffer in terms of their services and infrastructure. The new clause would help with fairness in the system and with housing targets and planning. It is not nimbyism—I agree with the Minister that the terms yimby and nimby are reductive. To provide clarity for the consumer, as well as stability for local areas, the Government should make new towns contribute to housing targets.

The Minister should view new clause 50 as productive. If he is worth his mettle, he will see that. Its purpose is to require local authorities to have a housing plan for their areas to inform their local plans. The housing plans would cover types of home, demographics and first-time buyer homes. Subsection (2) of the new clause provides that the local housing plan

“must outline the number and type of homes…(a) required, and…(b) proposed to be built…in the authority’s area.”

That would strengthen local authorities’ and local people’s ability to have a say about what they want to be built for them in their areas.

Yesterday, my hon. Friend the Member for Ruislip, Northwood and Pinner and I had an interesting meeting with several house builders. The Government should embrace and look to expand retirement villages in local plans. People are getting older, and many older people prefer to stay at home, but the system is slightly broken in terms of service charges and the leasehold model. That is not working.

[David Simmonds]

I am grateful to my hon. Friend for giving way during a speech that is as eloquent as it is stylish. He makes a serious point. One change in the UK housing market is the collapse in the provision of small developers; something like 93% of homes are now built by very large housing providers. Particularly in pursuit of developing some of the smaller sites, in which the Minister has expressed a clear interest, we need to bring those types of development to market at scale. That is what new clause 75 seeks to do, and I hope that the Minister will—in a speech that will no doubt be equally eloquent and stylish as that of the shadow Minister—set out his thinking to ensure that that happens, so that the Bill does not become purely a charter for large developers while the huge number of smaller sites, which could deliver so much additional housing, are left undeveloped.

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[David Simmonds]

On a point of order, Ms Jardine, we had agreed, through the usual channels, that the Whip would move the Adjournment for the Committee at 4 pm—that was agreed with the Labour Whip yesterday. I appreciate that, for very good reasons, she is not here today. I also understand that Ministers may have a preference, given our progress, to continue a degree further. I will not move the Adjournment if the Ministers indicate that they wish to continue a little later, but may I seek your guidance, Ms Jardine, on how to resolve that, given that the schedule on which hon. Members’ diaries have been constructed included an adjournment at 4 pm?

[The Chair]

I am sorry, but I have had no instruction about that. There has been no mention of it.

[The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Michael Shanks)]

I am standing in as both Energy Minister and a Whip, Ms Jardine. As far as I know, the assumption was that we would have made speedier progress on various clauses today, and might have concluded line-by-line scrutiny by 4 pm. I do not think it was agreed that we would adjourn at 4 pm, but I am not party to any of those conversations, so I am afraid I cannot help. I think all other hon. Members have 5 pm in their diaries—and, given the lack of progress that we have made, we probably should proceed.

[David Simmonds]

Further to that point of order, Ms Jardine, I accept that it was a discussion between me, as the Opposition Whip, and the Labour Whip yesterday, which is the usual channel through which times are agreed. That being the case, and in her absence, I will not move the adjournment, in order to enable the Committee to proceed. However, I respect that hon. Members may have to leave—including me, because I have built my diary around that agreement and I have childcare responsibilities.

[Paul Holmes]

Further to that point of order, Ms Jardine—I do not wish to waste any more of the Committee’s time—for my part, I am content for the Committee to sit until 5 pm to ensure that business gets through. However, given my own diary, I would take a dim view if the Government should seek to continue beyond 5 pm.

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.

Planning and Infrastructure Bill (Ninth sitting)

David Simmonds Excerpts

Committee stage
Thursday 15th May 2025 Public Bill Committees

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

I have total sympathy with what the Minister is saying, and understand the point that the Member for the hon. Member for North Herefordshire is seeking to address. Does the Minister agree that one of the lessons from section 106 is that, in many cases, funds end up being returned to the developer, as it is impossible to spend on the mitigation because of the specificity for which it is provided?

The Opposition agree with the Minister that there will be occasions when, in the view of the Secretary of State or Natural England, it is impossible to build the specified badger, bat or newt mitigation on a specific site, and that it would be better to spend that money somewhere else to create a better overall environmental benefit. It is therefore important to provide for that flexibility in the legislation.

[Matthew Pennycook]

The shadow Minister makes my case for me, because we want to allow Natural England to have that flexibility.

--- Later in debate ---

[Paul Holmes]

—but the hon. Member was not in the café. He has nicked my joke; I was about to say that I hope that that does not go on a focus leaflet somewhere as a broken Tory promise. It takes two to tango.

[David Simmonds]

Lib Dems missing in action.

[Paul Holmes]

Missing in action and not winning here. I know that the Minister is very keen that we expedite this Committee today because of the semi-final play-off with Charlton tonight. I hope that his team does well in that, because we would like to invite him down to the Den to watch a match between Millwall and Charlton, if Charlton are promoted. The Minister is always welcome down to the Den.

I turn to amendment 126, which is in the name of my hon. Friend the Member for Keighley and Ilkley (Robbie Moore). We absolutely agree with the Minister’s sentiments on EDPs, and we wholeheartedly agreed with the majority of what he said on the previous clause. We accept that EDPs will be a step change in environmental delivery across the United Kingdom.

One of our concerns, and the reason why we tabled amendment 126—I will come to amendment 127 in a minute—is that at the moment the legislation says that there will be two reviews into the EDP: one at the mid-point and one at the end. We simply want to see whether the Minister would entertain the idea of review periods at five-yearly intervals and a report on an EDP covering the previous five-year period. That is for a number of reasons.

First, with only two reports—one at the mid-point and one at the end—there could be long gaps during which important issues or shortcomings in implementation go unaddressed. In rapidly evolving environmental contexts, more frequent reporting would allow for timely adjustments and a greater responsiveness to emerging challenges. What would happen under the current proposals if a mid-term report showed a failure to deliver in conservation outcomes? Also, are the two required reports sufficient for long-term monitoring and public accountability?

We have a slight concern that the clause does not seem to specify the content or required level of detail in those reports. I hope that the Minister will be able to elaborate slightly on what he and the Secretary of State would expect in terms of the detail when a report is published. It is also important to state that although the Bill will have to meet equality legislation, it does not meet the standard for public accessibility or independent review. I hope that the Minister will be able to say something about that. Without these safeguards, the report could become a box-ticking exercise rather than a meaningful tool for transparency and continuous improvement.

I turn briefly to amendment 127, tabled in the name of my hon. Friend the Member for Keighley and Ilkley. Given what the Minister said in our discussion of the last clause about the impact that the wording will have on legal definitions and measurements if those were to be challenged, I do not intend to press amendment 127 to a vote. We think that the wording

“the local economy and community of the relevant area”

is not defined enough, so we will have to look at whether we need to tighten it up, bearing in mind what the Minister said about the language in the amendment tabled by the hon. Member for North Herefordshire. But I would like to press amendment 126 to a vote.

On amendment 127, I hope the Minister will say something about community benefits and the local economy in the relevant area. I hope he looks favourably on amendment 126, which stipulates more transparency and a clearer guideline for the process of reviewing EDPs. I look forward to his response.

Planning and Infrastructure Bill (Tenth sitting)

David Simmonds Excerpts

Committee stage
Thursday 15th May 2025 Public Bill Committees

[Paul Holmes (Hamble Valley) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Hobhouse; welcome back to the Committee. Good afternoon to all colleagues.

We are generally supportive of clause 61; I recognise the intent behind the amendment, but I would like to speak to clause 61 stand part. Although the clause introduces a streamlined mechanism for fulfilling environmental requirements, it raises several questions that I shall put to the Minister on some of the detail. My hon. Friend the Member for Ruislip, Northwood and Pinner may have some specific questions too.

First, the discretion given to Natural England to accept or reject a developer’s request lacks clarity. There are no outlined criteria or standards for decision making, which could lead to an inconsistent or opaque outcome. I ask the Minister: what criteria will Natural England use to accept or reject a developer’s request to pay the levy? Does he think there needs to be more specificity in the accompanying regulations, if not in the Bill?

Secondly, although the clause references charging schedules and payment phasing, it does not address how those charges are calculated or whether they reflect the environmental impact of the development. Could the Minister assure the Committee—not necessarily today or in the legislation—how he will provide more specific details on the charging regime? Without that, there would be a risk of turning the levy into a transactional tool rather than a meaningful mechanism for ecological restoration. Additionally, there is no mention of how Natural England will ensure that payments are effectively translated into real conservation outcomes. Without clearer safeguards, the process could be perceived more as a pay-to-proceed option than as a robust tool for environmental accountability. If the Minister could provide some specifics on those two main points, we would be content to support clause 61.

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

It is a pleasure to serve with you in the Chair this afternoon, Mrs Hobhouse. I wanted to set out briefly the views of the Opposition, in addition to what my hon. Friend the Member for Hamble Valley has said.

Recently, we listened to views from those with specialist experience in this context. There are a number of ways in which issues about biodiversity net gain and protected species may feature, with the relevant protections, as a consequence of the legislation. Although amendment 54 sets out some reasonable points, it does not address them sufficiently. In particular, there is potential scope to bring some of it within the Wildlife and Countryside Act 1981 provisions, which would enable in many cases more effective enforcement powers than under the existing habitats regulations.

We acknowledge the Minister’s point that it will be important for those responsible for biodiversity net gain and for considering the mitigation hierarchy to be able to deploy the resources that flow from these different types of agreements in a way that reflects the broader national responsibility, rather than a site-by-site basis. That additional flexibility would be required, and we are therefore likely to seek further amendments later in the Bill’s passage that address the specifics of those concerns.

[The Minister for Housing and Planning (Matthew Pennycook)]

It is a pleasure to serve once again with you in the Chair, Mrs Hobhouse. Let me respond first to amendment 54, tabled by the hon. Member for North Herefordshire. I will then turn to clause 61 and schedule 4. The hon. Lady’s amendment seeks to limit the circumstances in which Natural England can receive a nature restoration levy payment in respect of an environmental delivery plan. She made a number of points about the mitigation hierarchy and irreplaceable habitats. I will not repeat the debate we had on a previous clause in relation to existing protections in national planning policy, which will still have effect for irreplaceable habitats.

On the mitigation hierarchy, we share her and the OEP’s view: it is a very important component of environmental law. Natural England will always want to consider the mitigation hierarchy when it is developing EDPs. We anticipate that Natural England will still prioritise avoidance and reduction of environmental harm in the first instance, not least because it is likely to deliver the best environmental outcomes at the lowest cost for developers. However, we do not believe that it should always apply.

The flexibility provided by the Bill will allow for those cases where, in Natural England’s expert judgment, the strict appliance of the mitigation hierarchy would lead to sub-optimal outcomes, and where money could be spent in a far more effective way to achieve better outcomes for nature. The hon. Lady is absolutely right and we have been very clear about this point: it is the Government’s view that the Bill effectively maintains the mitigation hierarchy. As I have said, that is also the view of the chief executive of Natural England. There is flexibility built into the Bill, which we need.

--- Later in debate ---

[Matthew Pennycook]

I appreciate where the hon. Gentleman is coming from. In the correspondence I will send to the Committee, I am more than happy to try to give hon. Members a sense of how the provisions in the Bill do or do not interact with the existing developer contribution system. However, section 106 agreements are a very different proposition from what we are discussing. We are talking about a nature restoration levy payment, managed by Natural England and directly for use on conservation measures that form part of an EDP. So section 106 is an entirely separate issue.

I recognise—I think this is the hon. Gentleman’s point—how issues of viability will be addressed in the calculation of the levy payment. What I would say to that is that this is a regulation-making power; the regulations will come forward with further detail, and we have made them subject to the affirmative procedure. We will have further debate in the House on the technical detail of how those regulations look when they are published. This is just the regulation-making power that will allow the levy to be charged. On that basis, I hope I have somewhat clarified the issue.

[David Simmonds]

This is a slightly technical question, but what consideration will be given to regional and local variation in the levels of cost? My hon. Friend the Member for Broxbourne highlighted the point about the interaction with section 106, which the Minister has accepted. One of the calculations under section 106 is child yield, which reflects the number of children we would expect in a development. Through the formula, that produces a payment in respect of the cost of provision of school places. Clearly, that cost will vary significantly depending on which part of the country the development takes place in. I would like to be confident that if, for example, a developer undertakes development in a very high-cost area, we will not see a significant corresponding reduction in the environmental yield from such a negotiation, and that viability will not, in practice, become such a barrier that developments do not go ahead or we end up forgoing the expected yield in some of these crucial areas in order to make housing viable.

--- Later in debate ---

[Paul Holmes]

I am grateful the Minister for his comments on amendment 129. All I would say to the Minister in the name of my hon. Friend the Member for Keighley and Ilkley is once bitten, twice shy.

I have a couple of questions for the Minister on clause 63. The clause delegates significant discretion to the Secretary of State, without setting out guiding principles or safeguards. Although the Minister said that regulations will be forthcoming—I am grateful to him for confirming that they will be subject to the affirmative procedure—there remain some important unresolved issues in the Bill. That includes how liability will be shared in complex developments involving multiple parties, or how the timing of liability will interact with project phasing and financial planning.

Without that clarity, there is a real risk of legal uncertainty for developers and of inconsistency in enforcement. I hope the Minister will bear that in mind when the Bill receives Royal Assent and he goes away to look at regulations for affirmative scrutiny in this House. A more robust approach would involve the Bill at least outlining the key principles that will to guide the development of the regulations, ensuring that they are applied fairly, consistently and with due regard to the practical realities of development delivery.

[David Simmonds]

Does my hon. Friend agree—he is making this point very clearly—that the risk with this process, and with the lack of clarity around the process behind the regulations, is that it will increase the number of permissions being delivered that are not viable? Essentially, all the money is coming from the same pot, and the developer will say to the local authority and Natural England, “You can have the kids or you can have the bats, but you can’t have both.” If the developer has to pay for both, the scheme becomes non-viable. We will simply end up with more units that cannot be built.

[Paul Holmes]

My hon. Friend will not be surprised that I entirely agree with him, which is why, along with my hon. Friend the Member for Broxbourne, we make a dream team that is in fast competition with the Minister. He should watch this space—it is four years and counting. [Interruption.] I am joking with the Minister.

What I would say to my hon. Friend is that that is the key reason why we have concerns about clause 63. We understand the Minister’s intentions, and we will not press the amendment to further complicate the clause. However, we are concerned that the lack of clarity in the Bill could, in a very complex EDP involving multiple parties, damage the clause’s intent to enhance environmental protection. The number of planning permissions going through could increase, but the end result would actually be that the delivery was not there. That is a key area where the Minister needs to look at strengthening the wording in the Bill. That aside, we will not push our amendment to a vote.

--- Later in debate ---

I turn to amendment 130, again tabled by the hon. Member for Keighley and Ilkley, which would prevent Natural England using funding collected through the nature restoration levy to purchase land via compulsory purchase order. In effect, this would require any purchase of land via compulsory purchase to be met by the state, which would effectively prevent Natural England from being able to make a CPO.

[David Simmonds]

My hon. Friend the Member for Keighley and Ilkley was particularly concerned about a situation where, in order to fulfil the requirements of the EDP, the compulsory purchase of land that had specific characteristics would be necessary. Therefore, that would potentially drive a very significant increase in the value of the land because it was the only way in which that EDP could be fulfilled, and that would significantly increase the cost to the public purse. What measures does the Minister have in place to ensure that where that type of situation arises—because, for example, there is a blanket bog or a particular type of pond that is required to fulfil the EDP—it is delivered at a reasonable cost to the taxpayer?

[Matthew Pennycook]

I think I understand the shadow Minister’s point. Obviously, the normal process for compulsory purchase would apply. We will come to CPO provisions later. If I have not covered it, I am more than happy to go into further detail at that point.

As I have set out, in order for an environmental delivery plan to be made, there must be sufficient certainty that the conservation measures are deliverable to allow the EDP to pass the overall improvement test. The possibility of using compulsory purchase where other options are not available is, in our view, essential to the operation of the nature restoration fund. That does not change the fact that, in practice, compulsory purchase will always be the least preferred delivery option, with a negotiated procurement of land use or management changes being the natural starting point, wherever those are required.

While talk of compulsory purchase can raise concerns—I understand those, and we debated them on Second Reading —we expect farmers and land managers to benefit, with the nature restoration fund providing opportunities to diversify their business income. We will debate Natural England’s compulsory purchase powers more fully when we reach clause 72. Given the environmental and practical need for these limited powers, I hope that the hon. Gentleman agrees to withdraw the amendment.

I turn to amendments 131 and 10, which seek to remove the ability for regulations to make provision for Natural England to reserve money for future expenditure. By removing the circumstances in which Natural England can reserve money for future expenditure, the amendments would limit the flexibility for Natural England to secure the most appropriate conservation measures and would prioritise haste over environmental outcomes. In our view, they would also restrict Natural England’s ability to plan for unforeseen circumstances and allow money to be made available to react to changing circumstances.

The Bill provides a number of additional safeguards to the use of the nature restoration levy, which will ensure that money is spent effectively and transparently. I will set those out when we reach the debate on clause 66. Natural England will, of course, not wish to unnecessarily delay the procurement of conservation measures once levy funding is received, and preventing prudent financial management would not assist it in that endeavour. With that explanation, I hope that the hon. Members will agree not to press their amendments.

I turn finally to amendment 132, in the name of the hon. Member for Keighley and Ilkley. This would require any unused funds to be returned to developers where an EDP no longer requires funding. We recognise that a requirement for Natural England to return any unused funds could reduce the cost to developers. However, we do not expect Natural England to be left with significant residual funds at the end of an EDP. Natural England will be encouraged to ensure that the costing of conservation measures is clear from the start and, as I have said, subject to consultation.

In the event that there are unspent funds that are not required to secure the conservation measures under the EDP, those funds will be directed towards additional conservation measures and securing additional positive environmental outcomes. Should the EDP period elapse before the outcome is achieved, the funds will continue to be invested until the required environmental outcome is achieved.

In addition, any system of dividing up and returning residual funding would risk making environmental delivery plans more expensive and would distract Natural England from focusing on developing and delivering them. It is important to emphasise again that developers are not paying for specific conservation measures on a site-by-site basis. They are providing a contribution to secure the package of conservation measures required across the EDP geography to outweigh the impact of development covered by the plan. With that explanation, I hope that the hon. Member for Taunton and Wellington might consider withdrawing his amendment.

--- Later in debate ---

We need to understand that Natural England is being asked to do a lot. The Minister has come here with some clauses, and he anticipates introducing some regulations. However, it was clear in evidence—I think the hon. Member for Taunton and Wellington is also absolutely sincere about this—that there remains a concern about whether Natural England will be able to undertake the functions that relate to collection, enforcement and other elements that we have discussed. The Minister has outlined the £47 million, or the relevant amount of money, and he has outlined that there is a spending review coming up. He and I talked slightly jokingly about that, and about the fact that he would seek to get the best settlement for his Department. We do not have enough detail to be sure that Natural England can conduct all those operations efficiently and secure the outcomes that he seeks.

[David Simmonds]

My hon. Friend is setting out the concerns eloquently. The Minister was clear earlier that the Government’s expectation is that this system will raise no net additional funds compared with the existing one, so the cost to the developers will be no different. The implication is that there will be no significant additional resource, if any, for Natural England to deploy as a result. Does my hon. Friend share my concerns that that raises a serious question about its capacity to do the work that is outlined in the Bill?

[Paul Holmes]

I absolutely agree with my hon. Friend. We heard evidence from the chief executive of Natural England, and in case she is listening, I say again very clearly that I make no imputation about the way she or the organisation are doing their job, but the language that she used was very loose. Without that financial certainty, there is a question about whether the organisation will be able to cope with all the responsibilities that the hon. Member for Taunton and Wellington outlined. As my hon. Friend just mentioned, the Minister has also admitted—if he wants to intervene, that is fine—that no additional funding means that Natural England will be relying on the spending review even more than we thought at the beginning of the evidence session.

--- Later in debate ---

[Gideon Amos]

I rise to speak to our amendment 121. Our primary concern is that the Bill’s proposed amendments to the Protection of Badgers Act 1992 will, for the first time, introduce permission to kill badgers, in addition to the power to interfere with their setts. Badgers are a much-loved British species of wild animal, and one that humans have not so far managed to make an endangered species. That could change with the Bill’s broadening of the legislation. It is a significant change in the law, from a power to interfere with badger setts to a power to kill badgers—the word in the Bill is “kill”—where there is an “overriding public interest”.

In our view, “overriding public interest” is not a clear justification. There are other legal tests: for example, the test of

“imperative reasons of overriding public interest”

appears in the habitats regulations, and the test of a

“compelling case in the public interest”

appears in compulsory purchase legislation. The “overriding public interest” does not seem, to us, a clear test; it is in the eye of the beholder and could be justified by any particular development. If the provision is not going to be used to make development quicker, it is difficult to understand why it is needed, since current legislation provides for interference with badger setts. Such interference can, in any event, lead to the death of badgers.

I am tempted to say that this is not a black and white issue, but perhaps we cannot say that about badgers—I thought I would get that in before someone else did. Our concern is that the Bill would significantly weaken the legal safeguards. In this country, we have provisions to protect wild animals from being killed, and we Liberal Democrats do not understand why badgers are now to become an exception to that. Laws to prevent killing wild animals are an important part of our legislative system. Making badgers an exception is not something that we are able to support.

We also believe that the provision is unnecessary. Under the 1992 Act, a licence can already be obtained to

“interfere with any badger sett…for the purpose of any development”.

In this context, “interfere” means:

“As a registered user you can interfere with badger setts under this licence to carry out development work or stop badgers causing serious damage”

by “monitoring setts”, “evicting and excluding badgers” and “destroying setts”. I do not understand why that is not sufficient for a developer, and why they need to go out and kill them. It would seem more challenging and problematic to try to find badgers to shoot them, when all those powers already exist. In all the numerous development projects in which I have been involved—over more years working in planning and development than I care to remember—it has been possible to relocate and remove badgers. None of the applicants I represented, or any of those I listened to as a planning inspector, complained that they were not able to go out and kill badgers, or that they were allowed only to move and interfere with their setts. We therefore do not understand why it is necessary to introduce this power to kill badgers.

Paragraph 41 of schedule 6 also contains a provision to allow badgers to be killed to preserve “public health or safety”. Again, it is unclear why that is necessary, given that the current legislation already allows badgers to be killed

“for the purpose of preventing the spread of disease”.

If that power already exists, why do we need the new power? It seems unnecessary, and a distraction from the main purpose of the paragraph, which is to allow the killing of badgers for the purposes of development. For all those reasons, we do not feel that it is justified to introduce the power to kill badgers, which are, as the Minister himself said, a much loved British species.

[David Simmonds]

I had not quite appreciated quite how ill the Minister’s intentions were in respect of our black and white furry friends. It is clear that they have been singled out by the Minister for extra special hostile treatment in the Bill. That raises a more general point, which we referenced earlier in relation to our intentions to introduce debates on biodiversity net gain. As important as badgers are, we know that our countryside is home to hedgehogs, dormice and all manner of protected species of flora and fauna. The hon. Member for North Herefordshire spoke eloquently on the mitigation hierarchy earlier on, and we must ensure that appropriate protection arrangements are in place in that hierarchy. I know that the Minister will write to me on the powers in the Wildlife and Countryside Act and how they might be relevant in this context. We look forward to that.

I would like to address two points that arise from clause 75. The first is that, under an earlier clause, the Secretary of State acquires the power to designate another person to undertake the functions of Natural England; this clause makes specific reference to the duty to “co-operate with Natural England”, but it does not specify what happens when a third party may have been appointed. That would have relevance where there may be a conflict, perhaps in planning terms, between the appointed party’s intentions to undertake work in the delivery of an EDP and, for example, a local authority or other public body that is having to consider, under its duties and responsibilities, an application for the delivery of those in its area. It is important to be clear whether third parties that have been appointed are covered by the clause.

The second point relates to how that interacts with a situation in which the public body covered by the duty is opposed to the development that gives rise to the need for the EDP in the first place. It reminds me of my personal experience of the example of Heathrow airport. What happens if a local authority says, “In discharging our duty in respect of air quality, we are obligated to oppose this development in any way we possibly can”, but is then advised by the Government, “However, you are obligated to co-operate through the EDP in order to enable that development to go ahead”? Clearly, that is not something that our constituents would expect to happen. The clause would introduce a degree of moral hazard in any major infrastructure project. How will the Minister address those two issues?

[The Chair]

I can see Members looking for the reference to the killing of badgers. It is in schedule 6 on page 157.

Planning and Infrastructure Bill (Eighth sitting)

David Simmonds Excerpts

Committee stage
Wednesday 14th May 2025 Public Bill Committees

[Matthew Pennycook]

I thank members of the Committee for so eloquently outlining the intent of these amendments. I will first deal with amendments 1 and 30. I very much accept the positive intent of these proposals and would like to stress that the Government are fully committed to restoring and improving the nation’s chalk streams. As the hon. Member for North Herefordshire made clear, 85% of the world’s chalk streams are found in England. They are unique water bodies, not only vital ecosystems, but a symbol of our national heritage. This Government are committed to restoring them. We are undertaking a comprehensive set of actions outside the Bill to protect our chalk streams; in the interests of time, it is probably worthwhile for me to write to the Committee to set those out in detail.

We do not believe it is necessary to include amendment 1 in the legislation, as existing policy and legislation will already achieve the intended effect. Local nature recovery strategies are a more suitable place to map out chalk streams and identify measures to protect them. Proposed new section 12D(11) of the Planning and Compulsory Purchase Act 2004 already requires spatial development strategies to

“take account of any local nature recovery strategy”

that relates to a strategy area.

Strategic planning authorities will also be required to undertake habitats regulations assessments, subject to a Government amendment to the Bill. That places a further requirement on them to assess any adverse effects of the strategy on protected sites, which, in many cases, will include chalk streams. The point I am trying to convey to hon. Members is that strategic planning authorities will already have responsibilities in relation to their protection.

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

This is an important and much debated issue. I would be grateful if the Minister could share with the Committee whether he has given consideration to bringing this issue within the remit of the Wildlife and Countryside Act 1981, specifically in respect of species that are unique to those particular habitats. This is very much an area of cross-party interest; I am conscious of my own constituents, who have the Colne Valley, which has a chalk stream. I work closely with my hon. Friends the hon. Members for Beaconsfield (Joy Morrissey), and for South West Hertfordshire (Mr Mohindra), whose constituencies this affects as well.

This issue often goes significantly beyond the scope of a local nature recovery strategy, simply because pollution discharge or run-off in one part of a river ecosystem results in a problem elsewhere. While I am sure the Minister will say he welcomes the measures that we passed in the Environment Act during the previous Parliament—which, for the first time, introduced comprehensive monitoring for issues such as sewage discharges—I believe there is still an opportunity to do a bit more to protect these unique habitats.

[Matthew Pennycook]

I thank the shadow Minister for that point. We will come on to discuss our approach to development and the environment more generally when we reach part 3 of the Bill. In response to his specific question, it is probably best dealt with in the letter I will send to the Committee on this matter, where I can pull together a range of points. The important point I am trying to stress, for the purposes of amendment 1, is that if a strategic planning authority considers the identification and protection of chalk streams to be a matter that should be included in its SDS, proposed new section 12D(1) already makes clear that an SDS must include policies relating to the

“development and use of land in the strategy area, which are of strategic importance to that area”

so that it can be taken into account. There is nothing to prevent strategic planning authorities from including such policies in their spatial development strategies if they consider them to be of strategic importance.

As I said, we have an ongoing debate about when centralisation is appropriate or not; I assume the hon. Member for North Herefordshire will tell me that it is, in this instance, in her view. But for those reasons, we do not consider these amendments necessary to achieve the desired effect.

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[Ellie Chowns]

I rise, briefly, to support the substantive point about the necessity of public consultation on something as important as a spatial planning strategy. As new section 12H of the Planning and Compulsory Purchase Act 2004 is entitled “Consultation and representations”, it is disappointing that there is actually no provision for consultation. There is provision only for the consideration of notification, which is inadequate for strategies that will be as important as these. I urge the Minister to consider going away and aligning the text of his clause with the title of his clause.

[David Simmonds]

When we were drafting amendment 78, we gave a good deal of consideration to the direction of travel set out by the Government. The concerns that underlay the drafting were reinforced in the evidence sessions, where the Committee heard from a cross-party panel of local government leaders that the consultation process in planning was an opportunity to get things right, and for a public conversation about the impact of any proposed development, large or small, in order to forestall, through the planning process, objections that might later arise, by designing a development that would meet those concerns.

We have heard today a number of examples from Members that fall within that category. We have heard cross-party concerns about the impact on chalk streams, where consultation would allow effective parties with an interest to bring forward their views—for example, on the impact of run-off. A developer would therefore have the opportunity to build those concerns into the design of their proposed scheme to mitigate the impact and address the concerns.

We heard about the impact of air pollution on asthmatics—including, for the record, me. If a developer says they are planning to use biomass or wood burning as the heat source for a development, and the stoves are on the DEFRA exempt list—that is, if the Government consider that they produce little or no environmental pollution—that might be acceptable to people with that concern. However, if it will simply be up to the developer to install whatever they wish, that will have a significant negative impact and there is no opportunity for mitigation. The consultation is therefore critical.

There is a direction of travel: it feels very much that the Government’s view is that consultation and democracy are a hindrance to getting new units built. It is very clear from the views expressed by many Members—from all parties, in fairness, but certainly in the Opposition amendments that have been put forward—that we are keen to retain a sufficient element of local democracy and local voice to ensure that the kinds of concerns I have described are properly addressed. I invite the Minister to consider accepting the amendment, which would not in any way derail the intentions that he sets out in the Bill, but would achieve the opportunity for consultation, which is critical.

[Matthew Pennycook]

I take on board the strength of feeling that has been expressed. As with all the debates we are having, I will reflect on the arguments that hon. Members have made. However, we do not think the amendments are necessary. As I have sought to reassure the Committee on previous occasions, each SDS will have to undergo public consultation and then be examined by a planning inspector. Once a draft SDS is published, it is open for anyone to make representations about that SDS. For those reasons, I hope that, in dealing with the specific amendments, I can reassure the Committee that they are unnecessary.

Turning first to amendment 78—

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[Matthew Pennycook]

In the interests of brevity, Mrs Hobhouse, I will make one final comment, then I will go away and reflect and we can return to the matter on Report, where there will be time for consideration.

Again—it has felt like this a lot today—I think we are conflating different things. The process for an SDS is different from the process for the development of a local development plan. They are different things.

[David Simmonds]

Yes, I know.

[Matthew Pennycook]

The shadow Minister says he knows, but in a sense the legislative underpinning that we have looked at for this measure, and the most obvious and comparable example, is the London plan. Broadly similar provisions exist in the London plan, and when it is put out to consultation it gets tens of thousands of responses to the notification, which are taken into account. I say gently that I do not think we are talking about an arrangement here much different from what applies there. To make the point again, this is a very different strategy that we are asking strategic authorities, or boards in those cases, to bring forward.

[David Simmonds]

One question that frequently arises when there is a challenge to a development through the process of judicial review is about whether the processes of consultation have been correctly followed. Removing a requirement for consultation and replacing it with a discretion to notify dramatically lowers the ability of people who are very concerned that developments are brought forward within their strategic plans that would not have been acceptable and would have failed to meet the proper consultation standard—for example, on issues such as air quality or environmental impact. In fact, it would be in the interests of the development industry for proper consultation to take place, rather than its being forestalled in this way.

[Matthew Pennycook]

I come back to the point I have made several times now: SDSs cannot allocate sites. There is a role for local plans underneath SDSs, which must be in general conformity with them. We would have failed if we simply ensured that SDSs were big local plans with the level of detail required on site allocation for a local plan. I gently say to the hon. Gentleman that SDSs will not opine on whether a particular development on a particular plot of land is acceptable. They may outline the areas of general housing growth that the strategic authority or constituent member authorities want to be brought forward in that sub-region.

Again, I am more than happy to go away and set out in chapter and verse the way we think the clause might operate—if we ever get to clause stand part, I might be able to outline it in a little bit more detail—but I think that when hon. Members grasp the full detail of what we want these strategies to do and how we think they should be prepared and developed, they may be reassured. If not, we can come back to the matter on Report.

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[Paul Holmes]

I apologise, Mrs Hobhouse, for the length of my speech on the previous clause; this one will not be as long. I will take your steer and cut my remarks to a more suitable length. [Interruption.] I did not hear what the hon. Member for North Herefordshire said from a sedentary position, but she is making my speech longer.

Amendment 77, tabled by my hon. Friend the Member for Ruislip, Northwood and Pinner, is an attempt to elaborate on the Opposition’s arguments about Natural England. The Minister will know where this amendment is coming from. He was open to some of the challenge from Members and witnesses in the Committee’s evidence session in which concerns were repeatedly raised about the functionality, ability and readiness of Natural England to play the role expected of it by the Secretary of State and the Minister in the parameters of this legislation.

I was initially concerned about Natural England because I have had involvement with it in my constituency, and some of its response times and ability to react in what I consider to be a satisfactory manner are sometimes compromised. That is by no means a criticism of the chief executive, who I thought gave very honest and able testimony in our evidence session. I will précis her words, as I did not make a note, but essentially she said, “We are going to wait for the spending review, but there is a lot of work that we need to do. We have been assured that the Government are going to resource us, and there are added responsibilities, but we hope, we see, we think.” I am afraid that, when we are looking at such monumental changes to development and nature recovery planning, we need better than that.

The Minister was really open when we cross-examined him in the evidence session. He said that I was tempting him to give an answer ahead of the spending review. I will not do that this afternoon; I know that he is but a small cog among the many Ministers asking the Chancellor for more money to resource their Departments. I understand that, having been through it myself. None the less, we are concerned about Natural England’s ability and whether it is the right organisation to take these responsibilities forward.

Amendment 77 to clause 48 would remove the reference to Natural England and provide that an environmental delivery plan may be prepared by a local planning authority, or incorporated into a local plan or supplementary planning document. The second part of the amendment, proposed subsection (1B), would provide that where an EDP is prepared by a local planning authority, the references to clauses 48 to 60, which essentially outline Natural England’s responsibilities, should be read as referring to the relevant local planning authority.

We believe that local planning authorities have the wherewithal to develop local environmental delivery plans. They have experience of doing so. I know that there is some challenge, given the resourcing of planning departments, but the Minister’s record on that issue, as well as the actions that he is taking through this legislation, which we wholeheartedly support, make me confident that that challenge will be met.

As I say, I am concerned to ensure that local authorities can develop environmental delivery plans. After my hon. Friend the Member for Ruislip, Northwood and Pinner has spoken, will the Minister elaborate on that in his winding up? I hope that since the evidence session, he has taken a look at some of the legislation and recommendations for Natural England, or discussed them with Natural England to reassure himself that Natural England is resourced for the actions that he and Secretary of State will require it to undertake, although I realise that he will say this is a slow-burn development going through. Those are the parameters of our amendment, and we hope that the Minister will look on it favourably. If he cannot, we hope he can give us some reassurance that Natural England is still the best fit to undertake these responsibilities.

[David Simmonds]

For the Opposition, support for the recovery of nature and the natural environment is a high priority. Amendment 77 and the arguments we will advance later are about ensuring that the additional capacity the Government are bringing to the process of nature recovery through their changes to the planning system is focused in a way that delivers.

As we have heard, both in evidence and in the general debates around the comparison with the section 106 process, for example, where financial contributions are sought, they are accumulated until the point when the delivery of a plan—for school places, road improvements or whatever it may be—is viable. Clearly, the Government intend environmental delivery plans to work in the same way.

As my hon. Friend the shadow Minister has ably set out, during the evidence sessions we heard concerns about the capacity of Natural England, as a further part of this already complex system, to deliver on that objective. In his rebuttal remarks earlier, the Minister relied on the proposed new section on chalk streams, saying that it was an example of something that could be dealt with through a local nature recovery strategy. That is one alternative to Natural England seeking to create a much larger process, but there are many others.

In my constituency, we have the Hertfordshire and Middlesex Wildlife Trust, which might well be able to deliver a very substantial project in this respect. All of those bodies have a very direct relationship with the local authority, which is the planning authority. Rather than create an additional element of complexity, we should streamline the process so that a local authority becomes not only the planning decision maker, but is able, through its direct engagement with the developer and its detailed local knowledge of the environment in which the development is taking place, to take on that responsibility. Should it feel that Natural England is the best delivery partner for that, okay. I am sure we would all accept that, but there will be other options available, especially when the impacts the EDP is intended to mitigate are quite specialist or quite local in their effects. That is the thinking behind the amendment.

I fundamentally disagree with my hon. Friend the Member for Hamble Valley in that I do not consider the Minister to be a small cog in this wheel. I am sure that his will be a significant voice in discussions with the Treasury, given the priority given to growth. I hope the Minister will take that into consideration, because this is an opportunity to step away from the previous delays, which were frequently cited in evidence on the role of Natural England, and to ensure that additional capacity goes into the part of the planning system that we know is already delivering at scale—the part that is under the control of local authorities.

[Matthew Pennycook]

Did we hear about the other amendment, Mrs Hobhouse?

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The Government are working closely with Natural England to ensure that the appropriate resources are in place to administer the nature restoration fund. As I said in a previous exchange with the hon. Member for Hamble Valley, the autumn Budget allocated £14 million to support the set-up of the nature restoration fund. In the medium to long term, we will move the fund so that it operates on a cost recovery basis, and therefore sustainably. Were the amendment to be accepted, there is a risk that local authority EDPs could conflict with those produced by Natural England, leading only to additional complexity. However, as I said, the Secretary of State does have the power to appoint a local authority to produce a plan.

[David Simmonds]

The Minister mentioned moving to a cost recovery basis. Earlier, I mentioned a weakness of section 106: by the time funds are accumulated, maybe over a five or 10-year period, costs have risen and the delivered outcome is significantly less than was envisaged to mitigate the original impact. Could the Minister set out the process for establishing the relevant costs, with reference for example to the much-mocked £115 million HS2 bat tunnel, which came up in the evidence sessions? That has been hugely costly. We could end up with a very substantial bill that the developers and the promoters of the project had never expected in the first place, but that was judged necessary as a result of this process, despite it being entirely out of the view of the planning authority determining the original application.

[Matthew Pennycook]

The hon. Gentleman is more than welcome to come back to me on that point, but we will deal with the mechanism by which fees are set under the EDPs in a later clause. I hope that, at that point, I will provide him with more clarity, but perhaps we could defer that particular discussion, because I think it would be more appropriately dealt with then. For the reasons I have given, I commend these clauses to the Committee and ask for the two amendments to be withdrawn.

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[Matthew Pennycook]

Just to clarify, for Hansard more than anything, I laughed only at the shadow Minister’s delivery of the term “blanket bog”. I was not in any way questioning the importance of that type of peatland.

[David Simmonds]

For the edification of the Committee, they are also known as featherbed bogs.

[Matthew Pennycook]

Indeed. I look forward to seeing how Hansard tidies up that exchange.

As the shadow Minister said, amendment 148 would prevent chalk streams and blanket bogs from being an environmental feature for which conservation measures can be put in place that address the harm from development at a different location from the impacted site. Where the feature to which an EDP relates is an irreplaceable habitat, such as a blanket bog, it would not be possible for impacts on that feature to be compensated for elsewhere. That is the nature of their being irreplaceable.

The Bill is clear that impacts must be adequately addressed for an environmental delivery plan to be made by the Secretary of State. Moreover, as I just set out in relation to a previous amendment, both chalk streams and blanket bogs are protected by the national planning policy framework. They are not environmental obligations that can be discharged through the nature restoration fund, so they would not be the focus of an environmental delivery plan.

The NPPF makes it clear that development resulting in the loss or deterioration of irreplaceable habitats should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists. Those protections will continue to apply. On that basis, I hope the shadow Minister will not press the amendment.

Due to the slightly muddled way in which we have debated these amendments, I have not had the chance to respond to amendment 13, which is in the name of the hon. Member for Taunton and Wellington, so I will do so now. As he set out, it would require environmental delivery plans to go further than the current requirement to contribute to an “improvement” in the conservation status of an environmental feature to contributing to a “significant improvement”. The Government have always been clear that they would legislate only where we could secure better outcomes for nature, and that is what we have secured through these clauses by moving beyond the current system of offsetting to secure an improvement in environmental outcomes.

Clause 50 requires that an environmental delivery plan must set out not only how conservation measures will address the environmental impact of development, but how they will contribute to an overall improvement in the conservation status of the environmental feature in question. That reflects the commitment that EDPs will go beyond neutrality and secure more positive environmental results.

That commitment ties into the crucial safeguard in clause 55(4), which ensures that an EDP can be put in place only where the Secretary of State is satisfied that the delivery of conservation measures will outweigh the negative effects of development. That means that environmental delivery plans will already be going further than simply offsetting the impact of development.

However, requiring environmental delivery plans to go even further, in the way that the amendment proposes, risks placing a disproportionate burden on developers to contribute more than their fair share. In effect, I am arguing that EDPs already go beyond the status quo. With that explanation, I hope that the hon. Member will not press the amendment, not least because we will discuss these issues in more detail in the debate on clause 55.

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[Matthew Pennycook]

In establishing this new approach, we recognise the need to ensure that developers have clarity around the required levels of contributions to benefit from an environmental delivery plan. This transparency will ensure that developers can factor in the cost of the levy, should they choose to use the EDP.

Clause 51 establishes clear, understandable charging schedules with each environmental delivery plan, including one or more charging schedule. These schedules will set out how much developers will be required to pay to discharge their environmental obligations through the EDP and will reflect the environmental impact that the EDP is seeking to address. This may vary depending on the nature and size of the development, with the charging schedules being bespoke to each particular environmental delivery plan. In addition, the charging schedule will be regulated in accordance with clauses 62 to 69, which will allow regulations to be made setting out requirements for how these rates will be determined.

I think this is probably the appropriate point to respond to the shadow Minister’s previous point. Those regulations would allow for fees to be index-linked to account for inflation, which is part of what he raised, but he mentioned build costs as well. Those regulations allow that scope.

[David Simmonds]

I am grateful for the Minister’s response. There is a combination of indexation, which is always the relevant consideration. For example, we have been through the recent experience of covid, which unleashed a huge wave of construction inflation. If the EDP were to be negotiated at a certain point, the envisaged outcome of that might be a substantial investment in, for example, a chalk stream environment or the creation of a new habitat.

There might be significant construction inflation between the point at which that EDP is first negotiated, the point at which sufficient contributions have been accumulated from the various parties that might have been involved in the development—which gives rise to the need for it—and the point at which that money is available to be spent. How will the level of the EDP be appropriately calculated so that we do not end up with what we already see in the section 106 system, whereby a contribution is secured from a developer, but by the time it comes to be spent, it is insufficient to pay for the mitigations that were necessary when it was negotiated?

[Matthew Pennycook]

I understand the shadow Minister’s point, and I will offer to write to him. His point about the sequencing of an EDP and the conservation measures that it would give rise to is valid. How can we essentially, through the fee and charging schedule process, ensure that those measures can be carried out on the basis of that fee? I will write to the shadow Minister with more detail on how we envisage that particular part of the Bill working. While later clauses set out further detail on the framework governing charging schedules, EDPs cannot function without them, and this clause ensures their inclusion and proper regulation.

Let me turn to clause 52. As well as clear charging schedules, it is important that EDPs include a range of other matters. Clause 52 supplements clauses 50 and 51 in setting out further detail on the information that Natural England must include in an EDP, ensuring that EDPs are transparent and robust.

As with all environmental matters, it is vital to understand the underlying environmental condition, which is why an EDP must describe the current conservation status of each identified environmental feature. This is crucial to set the baseline against which improvements can be measured. Flowing from that baseline, Natural England must set out why it considers the conservation measures to be appropriate, including details of alternatives considered and why they were not pursued, as well as listing the plans and strategies to which Natural England had regard in preparing the EDP in question. Like the assessment of the baseline, the consideration of alternatives is an important step that ensures that the best approach is taken forward and justified.

The EDP must also include an overview of other measures being implemented, or likely to be implemented, by Natural England or another public body to improve the conservation status of the environmental feature. This will provide confidence that the EDP is properly targeted and that the conservation measures are additional to other ongoing actions to support the relevant environmental features.

To ensure clarity in respect of protected species, EDPs must also specify the terms of any licences that will be granted to a developer or to Natural England. A further important element of the clause is that Natural England must set out how the effects of an EDP will be monitored, which will be critical to ensuring that further action can be taken, if necessary, across the life of an EDP. Natural England is under a duty to have regard to guidance issued by the Secretary of State in doing that.

The clause also provides a power for the Secretary of State to stipulate further information that must be included in an EDP. It may be used for various purposes, for example, to require an EDP relating to a protected species to set out how relevant licensing tests are met. For those reasons, I commend both clauses to the Committee.

I would like a chance to respond to amendment 3 if it is spoken to in due course.

Planning and Infrastructure Bill (Seventh sitting)

David Simmonds Excerpts

Committee stage
Wednesday 14th May 2025 Public Bill Committees

[Matthew Pennycook]

I am not concerned, for the reasons set out in the “Brownfield Passport” working paper, which I encourage the hon. Gentleman to go away and read, if he has not had the chance to do so already. In a sense, we are looking at a set of proposals, and again I emphasise that we have asked for feedback on them and we are considering how that feedback maps on to how we take forward this approach through national development management policies. In effect, we are saying that there is a presumption that the answer to applications on brownfield land is yes, but it has to meet certain criteria and conditions. The various options that we have explored are set out in that note, but it would absolutely not be a free-for-all on brownfield land, so I hope that reassures the hon. Gentleman on that point.

I do not agree that amendment 72 is necessary to achieve the important objective that it raises because, while spatial development strategies will provide for a high-level framework for infrastructure investment for housing growth, they will not allocate specific sites. Strategic planning authorities will be required to have regard to the need to ensure that their spatial development strategy is consistent with national policy. National planning policy, as I have said, already provides strong support for brownfield development, and it is clear that brownfield land should be the first port of call.

It is also clear that authorities should give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs. In the event that spatial development strategies do not meet the requirements of the NPPF, the Bill gives the Secretary of State a range of intervention powers to ensure consistency with national policies, and those national policies are clear, as I have argued. I therefore ask that the shadow Minister withdraw the amendment.

Amendment 75 seeks to ensure that spatial development strategies consider other practical options before identifying infrastructure or the distribution of housing within the green belt. To be clear, spatial development strategies cannot allocate land for development. This is a really important point: they can identify broad locations for new development, if the participating members wish to take those forward, and that may include land within the green belt. However, the formal allocation of sites will remain the preserve of local plans and neighbourhood plans.

I am in full agreement that it is crucial to take a brownfield-first approach to development, as I have said, in which the reuse of previously developed land and options to increase density are given priority. I can assure Opposition Members that, when any such green belt review takes place, existing planning policy in relation to the reuse of green belt will still apply. The NPPF makes it clear that, when plans are considering the release of green-belt land, they must demonstrate that they have examined fully all other reasonable options for meeting identified needs, including making use of brownfield land and optimising the density of developments. This is a point that I have made on several other occasions: there is a sequential approach to plan making to green-belt release, and it is very clearly set out what the Government intend in that regard.

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

My apologies, Dr Huq, for my late arrival to the Committee. I am grateful to the shadow Minister, my hon. Friend the Member for Hamble Valley, for moving the amendment, which stands in my name. I seek a more detailed assurance from the Minister. I appreciate that he is not in a position to comment on the specifics of individual cases, but yesterday I raised something that is very pertinent: the decision of the Secretary of State on the Abbots Langley development.

It was a longstanding principle of the approach to green belt that, where there were hard boundaries such as motorways, rivers and railway lines, the preservation of green space between them and adjoining settlements was very important, because it creates a green boundary and some additional space to reduce air pollution. The Secretary of State’s decision in respect of the national planning policy framework 2025 is effectively to redesignate all such land as grey belt. Areas that our constituents clearly understood were directly protected and were in the green belt have effectively, at the stroke of a pen, been redesignated as grey belt and eligible for development. That is why these amendments are so important. We need to guarantee that those vital green spaces, which provide a bit of a cushion between hard infrastructure and people’s residences, will be preserved and protected. Without commenting on that specific case, will the Minister address the legitimate concerns raised by that decision?

[Matthew Pennycook]

I will make a couple of points in response to the hon. Gentleman’s comments. I understand his argument, but I go back to the point that what we are doing in this clause and others in this part of the Bill is setting out a framework for spatial development strategies for cross-boundary strategic planning. National planning policy is already in place in those areas and is very clear. The national planning policy framework sets out the considerations for deciding whether development in the green belt is appropriate.

The definition of grey belt is set out in the glossary of the NPPF. As the hon. Gentleman knows, it includes previously developed land in the green belt, such as disused petrol stations, and other land that, although formally designated green belt, does not strongly contribute to green belt purposes. The test of what qualifies as grey belt is very clear in the NPPF, and that is supplemented by planning policy guidance. For every application, there will be a judgment about how the national policy applies—the hon. Gentleman will understand, for the reasons he has outlined, why I will not comment on specifics.

I repeat that it will not be for SDSs to allocate plots of land; that will be for local plans and neighbourhood plans. Where the release of green-belt land is necessary, the Government are asking authorities to prioritise the release of brownfield land within the green belt, along the lines I have just discussed. Our proposal in the Bill to allow spatial development strategies to specify infrastructure of strategic importance or an amount of distribution of affordable housing does not change the existing requirements in relation to the release of green-belt land. On that basis, I ask the hon. Gentleman not to press amendment 75.

I can assure the hon. Member for West Aberdeenshire and Kincardine that the Government are committed to maintaining strong protections on agricultural land, but I do not consider amendment 82 to be necessary to achieve that objective. Strategic planning authorities will need to consider national policy when preparing their SDSs. The NPPF is clear that authorities should make best use of brownfield land before considering development on other types of land, including agricultural land. Planning policy already recognises the economic and other benefits of the best and most versatile agricultural land. If the development of agricultural land is demonstrated to be necessary, areas of poorer-quality land should be prioritised.

The Government are supplementing the national planning policy that is in place in respect of this issue with a land use framework, which has gone out to consultation. That will set out the Government’s vision for long-term land use change, including by exploring what improvements are needed to the agricultural land classification system to support effective land use decisions. We all agree on the need, on such a constrained island, to make the most effective use of land possible.

When it comes to issues such as solar farms, which we have discussed in the Chamber many times, I want to ensure the debate is proportionate. Even in some of the most optimistic scenarios I have seen for solar deployment, no more than 1% of agricultural land will be released. That is why the National Farmers Union and other bodies have called for a proportionate debate in this area. It will be necessary in certain circumstances to release agricultural land, but that must clearly proceed on the basis of national planning policy.

In the event that spatial development strategies do not meet the requirements in the NPPF, the Bill gives the Secretary of State a range of intervention powers to ensure consistency with national policies. For those reasons, I am confident that there is adequate planning policy and guidance already in place to describe requirements for development on different types of land tenures.

New clause 104, in the name of the hon. Member for Taunton and Wellington, also focuses on green-belt developments. It seeks to prevent development on green-belt land for 20 years or more after a green belt review has been completed. As hon. Members know, the Government are committed to preserving green belts, which have served England’s towns and cities well over many decades, not least in checking the unrestricted sprawl of large built-up areas and preventing neighbouring towns merging into one another. That remains the case.

I emphasise the point made by my hon. Friend the Member for Barking. Not only did the green belt expand between 1979 and 1997—it almost doubled to just over 1.6 million hectares—but we saw a significant amount of green-belt land release, in what I would argue was a completely haphazard manner, under the last Government. It is not the case that this Government have introduced green-belt land release for the first time, and through the changes to national policy we are trying to introduce a strategic approach to green-belt land designation and release so that we release the right parts of the green belt first. Our revised national planning policy framework maintains strong protections for the green belt and preserves the long-standing green-belt purposes. It also underlines our commitment to a brownfield-first approach.

However, we know that there is not enough brownfield land in this country, and not least brownfield land that is viable and in the right locations to meet housing demand and needs. That is why we ask local authorities who cannot meet their needs through it to review their green-belt land to identify opportunities to create more affordable, sustainable and well designed developments. In doing so, we expect authorities to prioritise the development of brownfield land and low quality grey-belt land in the first instance.

High performing green-belt land and land safeguarded for environmental reasons will still be protected, and our new golden rules will ensure that development that takes place on the green belt benefits communities in nature, including the delivery of high numbers of affordable housing. That is a really important point to stress once again. Given the value that the public attribute to the green belt, the Government clearly expect that through our golden rules the communities that see development take place on it will benefit in a way that is slightly different from other forms of development.

The framework is clear that where it is necessary—only in exceptional circumstances—to alter green-belt boundaries, that must be done using the local plan process of public consultation and formal examination by planning inspectors. The framework is clear that development can be committed in the green belt only in specific prescribed exceptional circumstances. Beyond that, it can happen only in very special circumstances. That is a high bar.

Given that statutory plans secure the designated status of green-belt land and that planning policy already demands the rational and evidence-based application of green-belt protection for plans and decisions, I do not consider amendment to be necessary. In the same way as I have politely asked Opposition Front-Bench Members to withdraw their amendments, I hope the hon. Member will feel content to withdraw this amendment, for the reasons that I have outlined.

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[Matthew Pennycook]

I will be brief because I can see that the hon. Members opposite are intent on pressing the amendments to a vote. I have a couple of things to say, at risk of eroding the fondness that hon. Members opposite have expressed for me in recent days. That is troubling, but I will continue none the less.

What can I gently say to the shadow Minister? I think he must have forgotten—because I am sure he has not overlooked it—that it is not the case that the Government have been converted to the Opposition’s view on the subject. From day one, we have been clear about the stipulations in terms of a brownfield-first approach, and the approach to green-belt release that I have outlined. They were clear in the NPPF changes, and they remain the case. I gently challenge the hon. Members by asking them to think again.

SDSs are intended to be high-level plans for housing growth and the allocation of infrastructure investment. They are not big local plans; they do not need to do everything in national planning policy. The logic of the argument of the hon. Member for Hamble Valley is that we transcribe all national planning policy into SDSs and have requirements. The requirements are already there, they apply, and regard will need to be given to them in the development and production of SDSs. For those reasons, I do not think that the amendments are necessary. I humbly ask hon. Members to give a final thought about whether we need a Division.

[David Simmonds]

Again, at the risk of a political love-in taking place, I am grateful to the Minister for the way in which he has dealt with all of the debates extremely courteously, and he has responded in detail. However, there is a genuine point of principle. I gently respond to him on a point that I raised earlier. We have had a lot of assurances that there is a shared direction of travel around the protection of the green belt.

However, the first significant decision that has been taken by the Secretary of State, in line with the planning practice guidance from February 2025, has driven a coach and horses through the expectations that were set about how that protection will operate. I think that that has stiffened the resolve on this side, so that we are now saying that we need to press the issue, because it is clear that whatever undertakings appear to be made, the reality is that decisions to develop on the green belt, in places that constituents reasonably expect to be protected, are being taken. Therefore, we need to ensure that, as far as possible, we secure those protections in the legislation.

[Matthew Pennycook]

As I have already said, I will not speak about two individual decisions that have been made. However, I say to the hon. Gentleman that the concern that he outlines—that is, a particular decision that he does not agree with—will not be resolved by trying to transcribe national planning policy into the SDS process. National planning policy remains in force, and I do not think it is necessary that in order to achieve the aims that are set out, which the Government agree with—in terms of brownfield first and a strategic approach to green belt release—for the amendments to be agreed. I ask hon. Members to think again, but reading the room, I think they are certain about pressing the amendment to a vote. The Government will resist it.

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[Paul Holmes]

Well, the Minister says “facts”, but he should read the House of Commons Library document on the housing targets that he proposed. He cannot deny that the rural uplift in housing targets under his algorithm is an exponential rise, but the increase under his housing algorithm for urban centres is much smaller. That is delivered by the fact that for many urban centres in cities across the United Kingdom, the number of houses required under his Government’s targets has reduced.

I look forward to the Minister’s “facts”. I hope that he knows that we have a fundamental disagreement on this; I have said that repeatedly in the Chamber, on Second Reading, and in many Westminster Hall debates, where housing targets have been a topic of concern for many Members of Parliament across the country. As I say, I look forward to his “facts”, and I look forward to his reading the House of Commons Library document that backs up the arguments that we are making. We will press this amendment to a vote.

[David Simmonds]

On a point of order, Dr Huq. May I seek your guidance? My hon. Friend the Member for Hamble Valley, the shadow Minister, has spoken to two amendments tabled in my name, which we intend to push to a vote. It is a departure from Committee procedure to vote on one amendment but not on the others, when a vote has been expected, and to set them aside. When, in the Committee proceedings, will we return to the amendments discussed earlier to vote on them?

[The Chair]

It goes according to the sequence in the amendment paper. At the moment we are at amendment 29, on page 3 of the amendment paper. When will we reach amendment 73, on page 5? How long is a piece of a string? We intend to reach it today, but perhaps not before the sitting is adjourned at 11.25. This was all decided in a Programming Sub-Committee at the beginning of our Committee proceedings; someone put matters in this order.

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[The Chair]

I have been on these Committees for 10 years, and chaired them for the last five years, and as far as I understand, this is the way we always do it. We often say a measure “was debated earlier”. It just seems to be coincidence that the decisions fell as they did yesterday—or whenever it was. This is, I have been told, non-negotiable.

[David Simmonds]

Further to that point of order, Dr Huq. I return to the question: can you indicate when in the Committee proceedings we will return to vote on those amendments?

[The Chair]

That depends on how succinct or verbose people are. I am not Mystic Meg. The Committee will decide on those amendments whenever it gets to them in the amendment paper.

[The Chair]

These things are often negotiated by the two Whips: they make it happen at a certain time. Any vote on amendment 73 will come after the debate on amendment 88—that will be today—and amendment 74 will come after that.

[David Simmonds]

On a point of order, Dr Huq. The groupings have been negotiated by the Whips. The Chair’s selection of amendments is in that order, and votes have followed that process.

[The Chair]

The Clerk helpfully suggests that we could suspend the sitting to give members a primer on this matter.

Planning and Infrastructure Bill (Fifth sitting)

David Simmonds Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Michael Shanks]

I thank all hon. Members for their contributions and their recognition, first and foremost, of the important role that long-duration energy storage plays in our system. My hon. Friend the Member for Glasgow East referred to Cruachan—the hollow mountain —and I think there is barely a person in Scotland who has never been on a school trip to there. I would recommend it to anyone; it is a fantastic example of not just how important this is to our energy system, but the engineering that has lasted a significant number of decades and still runs on our system. It plays an incredibly important role.

The shadow Minister, the hon. Member for Hamble Valley, raised a number of important questions. Ofgem has consulted on the process for the first window of the cap and floor scheme. It has published detailed, technical guidance on what we would expect those projects to be able to deliver. We, and Ofgem as the regulator, have very deliberately been technology-agnostic to allow more of these innovative projects to come forward. That first round will run its course, but we absolutely would expect that Ofgem and the Government will look at the results of that review and see if there are areas that we might improve on for a further round if that is deemed necessary. We will keep the scheme constantly under review.

The cap and floor scheme that Ofgem has run for interconnectors has been an incredibly successful way of delivering value for money for consumers and of giving that revenue certainty over the long term. It is a model that works very well. We will review the projects that move forward in the scheme. As I outlined, there are technical requirements that they must meet, but there will also be a process of ensuring that the projects deliver value for money for consumers.

The hon. Member for Taunton and Wellington rightly recognises the role that LDES plays in the mix. We could see some battery projects coming forward in this round. Traditionally, they have not been part of long-duration energy storage, but that technology is moving forward rapidly and some might be able to bid into this process. There are some really innovative projects in that space.

It is important to take the question of how we deal with safety risks for batteries in a balanced way. There are safety incidents for a whole range of infrastructure in our country; some get a lot more attention than others in the media, and we need to be careful not to draw more attention to one particular technology at the exclusion of others. But the hon. Member for Taunton and Wellington is right that safety should be paramount in everything we do with every energy system and every part of infrastructure.

We are looking at the wider question of how we might introduce additional safety measures on battery storage sites more generally, not just as part of the LDES scheme. The Health and Safety Executive has a key role in regulating battery designers, installers and operators to ensure that they take the necessary measures to ensure health and safety. It is an important step, and one that we take seriously.

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

I want to press the Minister on the point raised by the hon. Member for Taunton and Wellington. On a visit to the London Fire Brigade I learnt that there is a particular set of risks associated with batteries—essentially, the difficulty of putting the fires out.

In the grand scheme of things, batteries are not more serious than, for example, oil storage, but they require different equipment and differently trained and equipped crews to respond. Will the Minister say more about how, as batteries become a more significant part of the energy mix, he will ensure that fire brigades are able to take a view at the planning stage and are made aware of the risks—just in case they have to respond?

[Michael Shanks]

The hon. Gentleman makes an important point, which we will take onboard. It is already part of what the Health and Safety Executive and the Fire Service are looking at nationally in terms of guidelines, but the Government continue to take an interest. The hon. Gentleman is right that as the schemes expand across the country, more fire brigades that may have not had experience of these incidents in the past will have to gain experience. It is an important point and we take it seriously.

On a general point, I am glad that hon. Members across the Committee recognise the importance of LDES. It is genuinely an exciting moment for the country that we will build some of these important engineering projects to deliver the long-duration energy storage that the country needs.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clause 22

Benefits for homes near electricity transmission projects

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[Luke Murphy]

I rise briefly to welcome the clause, which underlines the Government’s commitment both to tackle climate change and to restore and protect nature. As the Minister said, we have seen how Forestry and Land Scotland has been able to make use of its estate to install more than a gigawatt of generating capacity, which has been a major source of revenue for it to continue its conservation, preservation and reforestation mission. Once again, it underlines the Government’s commitment to protect nature while tackling climate change.

[David Simmonds]

My great-grandfather spent his entire working life at the pit in Cwmcarn, which is now a forestry commission site. There is evidence of the coal that was dug for centuries on that site, which is now a place that is enjoyed for leisure by all. Broadly, I echo the comments about welcoming the clause.

On page 35, line 20, the excluded types of fuel are listed, to determine what may be considered to be renewable. Waste to energy is not included; nor is the sustainable fuel mandate, which is currently focused on aviation fuel, but ultimately involves producing a gasoline product entirely from waste the purpose of which is to create energy. The fuel may go into aircraft, but it could be used for other purposes. The concept of waste to energy means, essentially, building an incinerator on forestry land to burn waste and generate electricity. By implication, that is something that the Government envisage as a result of that subsection. Could the Minister say more about that?

[Michael Shanks]

I thank all hon. Members for their contributions. The hon. Member for Hamble Valley has taken the right tone, which is that our forestry land is to be treasured and protected for future generations, but there is a balance to be struck—we strike it every day in relation to how much the public can access and enjoy that land, and use visitor facilities. Stewardship of our forestry land is the responsibility of all of us. I thank him for his remarks.

We expect the footprint from the projects to be incredibly small. In fact, the most successful projects in Scotland are often on the rooftops of visitor centres, alongside toilet blocks, and in those sorts of places, so we are not talking about cutting down huge areas of forest to build ground-mounted solar. However, the point the hon. Gentleman made about consultation is critical. There will be comprehensive public and statutory consultation, and I fully expect Forestry England to carry out an even more detailed engagement process, given its stewardship role for certain pieces of land.

In fact, in Scotland, where some projects have been carried out, groups of people who frequently use the forest have been involved in designing the projects and deciding what the money will be spent on. There are real benefits to that. Although there is sometimes short-term disruption from construction, often the projects have resulted in accessible routes being opened in Scottish forests, including new wheelchair-accessible paths, so previously inaccessible land is being made accessible. However, the hon. Gentleman is right about consultation.

On the subject of revenue stream, we expect the measures to enhance Forestry England’s wider role and its existing objectives, which do not shift as a result of the measures. Of course, those objectives relate to environmental conservation. In fact, the revenue, which is currently being wasted—the critical point is that these projects cannot export to the grid—could actually create a net benefit, and we would expect it to do so. That is an important point, as is the issue of mission creep. We will certainly keep that in mind.

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[Matthew Pennycook]

I very much welcome that intervention, as will my officials, I am sure. It saves them a letter—although letters may be forthcoming in the course of debate if we require further detail on very technical points. I will just stress the point again: I think the confusion lies in the fact that section 10 orders apply only to National Highways, if the shadow Minister needs reassurance in that regard. But broadly, these are procedural changes that just allow, as I have said, the administrative burden to be transferred from the Secretary of State to National Highways.

[David Simmonds]

Just to pick up the point made by my hon. Friend the shadow Minister—again, at the risk of placing officials in need of writing a letter—we can consider London, where we have Transport for London, Highways England and various other agencies or companies that manage the miles and stretches of those motorways. Very close to my constituency we have the M40/A4 motorway, which is literally the same road but transfers from being a Highways England road to a TfL road at the boundary of Greater London. There could be significant issues where, for example, local authorities that are responsible for neighbouring roads would need to be consulted, so I would be grateful if the Minister could clarify, particularly in respect of where we have TfL, red routes and things like that, all of which I think would be within the scope of the clause, that that has been fully considered so that we can ensure that we do not see unnecessary friction as a result.

[Matthew Pennycook]

I do not think that in any circumstances we would see friction on elements where the Secretary of State remains the body that takes forward the administrative process. I cannot envisage a way in which that would cause friction. Just to be very clear, a section 10 order under the Highways Act is used to designate or declassify a road as a trunk road. That is action carried out by National Highways, as I have said. We simply want it to take the administrative actions for creating or changing the status of a trunk road. I am more than happy to write to the hon. Member for Ruislip, Northwood and Pinner—apologies to my officials —on this administrative change as to who takes on those actions, namely National Highways rather than the Secretary of State, and how that interacts, which I think was his point, with the boundary of roads managed by the Greater London Authority, which is not covered by this clause of the Bill.

[David Simmonds]

I am just reflecting on my experience as a councillor in local government. There are often disputes. For example, the creation or designation of a red route clearway as a trunk road removes all parking along the length of that route and also affects things like bus services along it, so there are situations in which there may be a difference of opinion between a local authority, which is the current manager or administrator of the route, and a trunk road manager, who wishes to designate it as such for the benefit of an infrastructure project but clearly will not be subject to the consequences that that would have for bus routes, parking and other issues under the ambit of the local authority. I am just looking for clarity that there is a process by which those issues will be resolved and that there will be a relevant level of consultation, so that the kind of tensions that we saw around low traffic neighbourhoods with a dispute between Transport for London and a local authority about what was going on in a local area are not replicated.

[The Chair]

I remind everybody of the tightness of the parameters within which we need to keep this debate. Otherwise the Committee will have to find another day to sit. By no means do I want to stifle debate, but it is also up to the Minister to allow interventions or not.

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[David Simmonds]

Broadly speaking, the Opposition support the intention set out in the clause. Improving the efficiency of such works is clearly a very logical step. Could the Minister say a little more about how the power will interact with the powers and duties that apply to statutory undertakers? I am thinking, for example, of where it is necessary to divert a gas main or water main, or other significant infrastructure, where there are already legal rights in place that can be used for that purpose. An issue we are all familiar with is the disruption caused to transport networks when major works are being undertaken. Will there be a process for ensuring a degree of co-ordination? Will there be a requirement or expectation for consultation so that, where a highways body wishes to undertake that work, it can possibly be co-ordinated with the work of other statutory undertakers involved in the same project, to minimise the disruption?

Will there be an assurance that that process will provide for an appropriate level of compensation for the landowner whose land is being taken temporarily, as that often seems to be a source of dispute? This should not become a back-door way by which a highways agency, as the lead body, says, “We are going to take that at no recompense,” rather than going through a process of negotiation to achieve an agreed sum in respect of the loss of amenity to the owner of the land.

[Matthew Pennycook]

I thank the shadow Minister for that contribution and I recognise the reasonable concern he raises. If he will allow me, because it is a very technical aspect of the Bill, I will write to him with full details of how we see this power working, particularly in respect of compensation measures. I think his remarks recognised that the present arrangements do not provide the necessary certainty for landowners that they can regain their land. They force applicants to use disproportionate powers. We are trying, through the clause, to provide certainty that there is a way to take possession of land temporarily when required.

It is worth saying that there is a temporary possession power in the Neighbourhood Planning Act 2017. It is a different mechanism; it has not yet been enacted. We are trying to achieve a fairly simple clarification through the Bill, which will not require us to enact powers that are above and beyond what is required under the simplification to which the clause gives effect. It is an uncontroversial procedural change that will make the process more certain and efficient for both parties and provide them with reassurances.

Question put and agreed to.

Clause 29 accordingly ordered to stand part of the Bill.

Clause 30

Replacement of model clauses with guidance

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

[Matthew Pennycook]

I hope that on this clause, at least, we can avoid detailed questioning by the Opposition, because there is nothing with which issue can be taken. It is a simple tidying up of the statute book. The Transport and Works Act requires updating to reflect the wider changes that are to be implemented in the planning sector. It was, as I have mentioned, given Royal Assent in 1992.

The purpose of clause 31 is simply to remove a redundant section of the Transport and Works Act, which refers to schemes considered to be “of national significance”. Since the Planning Act 2008 was introduced as the consenting regime for nationally significant infrastructure projects, with clearly defined thresholds for what is considered “of national significance”, it has effectively rendered that part of the Transport and Works Act entirely redundant.

The effect of the clause is a simple procedural fix. By removing outdated references, the clause will make it easier for developers and public bodies to understand and apply the law, while also reducing administrative burdens. I commend the clause to the Committee.

[David Simmonds]

Throughout proceedings on the Bill, we have flagged up the important point that is highlighted by subsection (3), namely the lack of retrospective application. I would like the Minister’s response on a point that is of concern to the Opposition. There is always a risk that powers that are due to expire will be used and exploited in advance of new legislation coming in. What measures does the Minister have in mind to ensure that that does not turn into a problem?

[Matthew Pennycook]

I thank the shadow Minister for his question. As ever with his points, it was well made. I will go away and reflect on it, but I struggle to see how the use of the clauses we are considering in the Transport and Works Act—as I have said, they have been rendered entirely redundant since they were superseded by provisions in the Planning Act 2008 that clearly define thresholds for what is deemed to be nationally significant infrastructure —give rise to the challenge that he posits.

[David Simmonds]

The Minister has served on a planning Committee, and he will be aware of the challenges that arise where, for example, a historical permission is secured on which a developer subsequently seeks to rely. It is clear that the intention is, quite rightly, to remove those redundant clauses. The concern I am highlighting is that when permission rights have arisen under the clauses that have been made redundant and a developer later relies on them, we must ensure that the process is effectively managed.

[Matthew Pennycook]

If I have understood the point correctly—I am more than happy to write to the shadow Minister and set this out in detail, but he can intervene if I have not got this right—the challenge is about applicants who in the past have relied on the provisions of the Transport and Works Act 1992 that we are today arguing are redundant, and how permissions obtained on that basis prior to the Planning Act 2008 interact with the changes in the clause. It is essentially a concern about retrospection in relation to the clause.

[David Simmonds]

We are zeroing in on the issue that I seek to highlight. The statement in subsection (3) says that the clause does

“not apply in relation to an application in respect of which a notice”

has been made

“before this section comes into force.”

Early on in his remarks, the Minister referred to sections of the Neighbourhood Planning Act 2017 that have not come into force, eight years after they underwent scrutiny in a Committee like this one and Parliament passed them. This clause may not come into force for some considerable time after we debate it in Committee and the Bill becomes law—indeed, it may never come into force. If the previous legislation remains the relevant legislation for an extended period, or if a developer sees advantage in securing a permission now, under the previous legislation, before the new measures take its place, do we have an appropriate process for dealing with that?

[Matthew Pennycook]

I understand the point, but I think the shadow Minister is conflating an application under the relevant provisions in the Transport and Works Act and what the clause seeks to clarify, which is when schemes are considered to be of national importance. As I said, with the Planning Act 2008, we have an Act of Parliament that provides very clear thresholds for when schemes are considered of national importance.

I am more than happy to write to the shadow Minister with further detail, but I think he raises a valid point. We think the redundant section 9 should be removed from the Transport and Works Act to give developers and public bodies clarity on how the law should be applied going forward, while also reducing administrative burdens. The easiest way—mindful of your strictures, Mrs Hobhouse—to move the Committee on and ensure that we can debate important clauses later in the Bill is for me to commit to writing to the shadow Minister with exhaustive detail on that point.

Question put and agreed to.

Clause 31 accordingly ordered to stand part of the Bill.

Clause 32

Duty to hold inquiry or hearing

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