New Housing: Swift Bricks

Dehenna Davison Excerpts

Monday 10th July 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure to serve under your chairmanship, Sir Edward. I will do my best to address all the points raised; if I miss any, I will follow up in writing following the debate. I congratulate my hon. Friend the Member for Stockton South (Matt Vickers) on securing the debate, and I thank all hon. Members here for their valuable contributions.

We have received in-depth aviation know-how from a former aviation Minister, my hon. Friend the Member for Witney (Robert Courts); incredibly informed views on the planning process from a former planning Minister, my right hon. Friend the Member for North West Hampshire (Kit Malthouse); and some wonderful anecdotes and poetry about swifts. Some of my favourite memories of nature are sitting out in the early morning, watching them swoop and dive and dance. It is one of the most beautiful things that is so pure about swifts as a species. One of the great things about this debate is that we are all united in wanting to improve the population of swifts across the UK. My hon. Friend the Member for Stockton South referred to them as urban boy racers. I appreciated that; they certainly feel the need for speed when we watch them.

Before I address the points raised, I will make it clear that the Government greatly welcome actions by developers that contribute to and enhance the natural and local environment. We recognise the importance of protecting priority species, which is why our national planning policy framework establishes that opportunities to improve biodiversity in and around developments should be integrated as part of their design. That consideration is especially essential when it could secure measurable net gains for biodiversity. That is why it is so encouraging to see design features such as swift bricks in new builds to provide nesting facilities for birds included in housing plans.

In some circumstances, we support planning conditions or obligations being used to require that planning permission provides for works that will measurably increase biodiversity, just as we have seen with Brighton and Hove local planning authority. It has taken decisive action by mandating the inclusion of swift bricks on certain types of developments. I am sure that is due in no small part to the tenacious campaigning of the hon. Member for Brighton, Pavilion (Caroline Lucas). I am sure many hon. Members are aware of similar actions in their constituencies, some of which have been highlighted, where specific species necessitate such measures.

In the case of swifts, action is needed—I think we are united on that. It is of great concern that a staggering 62% of these magnificent birds have disappeared from our skies over the past 26 years. So worrying is their decline that they have been added to the UK red list of birds of conservation concern, as a number of Members have highlighted. Although external factors such as adverse weather and a lack of insect food for chicks are contributing to their decline, the scarcity of suitable nesting spaces only exacerbates the issue. That is why I wholeheartedly agree that conservation efforts must continue to focus on ensuring safe nesting sites are in sufficient supply.

Furthermore, since swifts can be found throughout England, any urban or rural area with buildings can potentially provide homes for these birds, but it is worth noting that to maximise the chances of successful colonisation by swifts, it is crucial to install the bricks within certain parameters, considering aspects such as openness and height off the ground, as my hon. Friend the Member for Witney outlined. Planning practice guidance sets out the benefits of resting facilities for birds, but I take on board the points raised by my hon. Friend the Member for Witney and I will take them back to the Department.

This is a rare moment of cross-party unity. It is rare that myself and the shadow Minister agree at the Dispatch Box, but the Government also believe that we need to be cautious when it comes to mandating national planning conditions. There could be some circumstances where development proposals will not impact on bird habitats. We should not impose conditions and ensure that planning permissions are subject to additional and unreasonable requirements to accommodate species that are not present in an area while creating financial burdens to comply with and to discharge the condition.

[Caroline Lucas]

I cannot believe what I am hearing. This brick costs about 25 quid—that is a tiny amount for new developments. There is no worst case scenario if one is put up but does not get used; there would be no problem, and other birds would probably use it. Can I impress upon the Minister that warm words do not get us anywhere? I am hearing too many warm words and not enough action. This is a simple thing that she could do, and I cannot believe that she is refusing to do it.

[Dehenna Davison]

I hope that some points further on in my speech will address the hon. Lady’s point.

[Kit Malthouse]

I am pleased to hear the Minister’s enthusiasm. The point is this: when the last revision of the NPPF came in, introduced this guidance towards biodiversity net gain and indicated things like swift bricks and hedgehog highways, there was a hope that developers would take it up. They have had several years to do so, and they have not.

In many developments, the box is ticked by putting up some wooden boxes here and there that will deteriorate over three or four years and then be gone. The point about the swift brick is that it is permanent. It cannot go. It does not weather or deteriorate. After seven or eight years, my wooden boxes are already looking a bit ropey after the predations of the parakeets and will need to be replaced. A brick would not. That is why we are all so keen to see them mandated.

[Dehenna Davison]

I am incredibly grateful to my right hon. Friend. He has incredible wisdom in this field, having served in the Department and focused on planning during his time in government. He will know that we have recently consulted on the new national planning policy framework. I will come to that later on in my speech, which I hope will address some of his concerns.

It is fair to say that more research is needed on how best we monitor and improve swift populations, as outlined by the shadow Minister. I have received assurances from DEFRA and its agencies that they will monitor swift populations and assess any positive effect.

I pass on my thanks to organisations such as Swift Conservation and to local groups such as Hampshire Swifts and Save Wolverton’s Swifts and Martins—I have to do that, as the sister of the hon. Member for Bristol East (Kerry McCarthy) is in the Public Gallery. It would not be right not to pay tribute to those groups for their work.

The Government do not at present intend to make swift bricks compulsory in new housing, but I assure Members here today and the House that measures are being introduced across Government to protect and enhance our natural and local environment, and I will outline those now.

Hon. Members may be surprised to learn that other familiar birds, such as sparrows and starlings, which were added to the UK red list 21 years ago, have remained on that list since. To tackle that, we are placing greater emphasis on implementing a range of policies that intersect with planning to achieve better outcomes for habitats and species in England, and we have already made great progress. Just last month, the Government announced funding of £14 million to support 48 authorities in England responsible for developing local nature recovery strategies. Those identify and outline ways to enhance or recover the existing or potential species in the respective areas. Their importance cannot be overstated.

[Kerry McCarthy]

Does the Minister not accept that nature recovery strategies are aimed at birds that would nest in trees, hedgerows and so on, which is not relevant to the swift debate, because we are talking about houses with bricks in?

[Dehenna Davison]

The hon. Lady makes a reasonable point. I am just outlining some of the wider work to help not just the swift community, but the wider bird population across the UK.

[Robert Courts]

The Government are doing a lot, but the point that we are seeking to make is that they are not doing anything to help swifts. I made my comments, at some length, to explain why swifts are different. They will not be impacted by the measures being taken—laudably—in other areas. The swift brick is needed, because it is niche to swifts.

[Dehenna Davison]

I appreciate that, and I again thank my hon. Friend for his valuable contribution—specifically the point on ensuring that swift bricks are installed at the right height, which is vital to them being fit for purpose.

[Robert Courts]

The Minister has touched on the right point, but that can be dealt with by the guidance. If there is a mandate to require swift bricks wherever possible, the guidance can be laid out afterwards on how to go out and do it.

[Dehenna Davison]

Again, I appreciate that, and I will take it back to the Department following our debate.

In addition to the strategies I outlined, a range of cross-Government measures will support the needs of nature more widely in local planning, including mandatory biodiversity net gain, which sees most types of new development required to deliver improvements of 10% or more in biodiversity. Work is ongoing with DEFRA to finalise the regulations, but we are confident that that update to the planning process will have positive outcomes for biodiversity.

The hon. Member for Bristol East asked specifically about that issue. As she outlined, DEFRA has committed to keeping species features such as swift bricks and bat and bird boxes under review. It is also committed to updating its biodiversity metric every three to five years, which will provide further opportunities for change and innovations to be considered.

Another measure that is in place to support the needs of nature in local planning is the green infrastructure framework, published in January 2023. The framework helps local planning authorities and developers to meet the national planning policy framework requirements to consider green infrastructure in local plans and new developments. The framework’s “Green Infrastructure Planning and Design Guide” is a helpful resource, which already advocates using British Standard 42021, calling for integral nest boxes to be installed in new developments. Furthermore, the requirement to consider green infrastructure in local plans is embedded in the national model design code, which provides guidance for local planning authorities on setting clear design standards through design codes and already refers to the green infrastructure framework, reinforcing the importance of the measures it outlines.

As we consider the implementation of a national policy, we need to reflect on its practicalities and whether planning is the most appropriate mechanism to achieve the desired outcomes. There is no denying—it has not been denied in this Chamber—that the planning process can be confusing and outdated for users. That is why our Levelling-up and Regeneration Bill is crucial to deliver changes to planning policy to address that complexity, including modernising it, increasing flexibility and regulating pre-application engagement with communities.

The changes that we want to make to the planning system will see a more consistent, streamlined and digitally enabled approach to the way planning applications are made. They will be proportionate to the scale and nature of the development proposed, to ensure faster and better decision making.

I must make it clear that the Government recognise the fact that many local planning authorities, as well as the wider planning sector, are facing capacity and capability challenges, which is why we have developed a programme of support, working with partners across the planning sector, to ensure that local planning authorities have the skills and capacity they need, both now and in the future. To that end, we are concerned that the introduction of mandatory conditions may impose an additional burden on all local planning authorities to enforce breaches of conditions. As legislators, we need to be mindful of the potential unintended consequences of introducing a national policy.

[Caroline Nokes]

The Minister will know that my constituency neighbour, our right hon. Friend the Member for North West Hampshire (Kit Malthouse), shares a local authority with me. Test Valley Borough Council already requires a long list of specifications when a planning application is granted, including what type of brick and roofing material will be used and what the windows will look like. Mandating a standard brick per dwelling does not seem very complicated to me.

[Dehenna Davison]

I have heard my right hon. Friend loud and clear, but I hope she will recognise my wider point about not wanting to add unnecessary additional complexity to a service that already faces a great deal of it.

Consultations such as the one on the national planning policy framework in December 2022 are invaluable sources of information, as mentioned by the hon. Member for North Shropshire (Helen Morgan). We are currently analysing the responses to the consultation, which included answers about how national policy could be strengthened through small-scale nature interventions—for example, swift bricks—and a Government response will be provided in due course.

We also used the consultation as an opportunity to outline our commitment to a wider national planning policy review, which will align with the Levelling-up and Regeneration Bill receiving Royal Assent, and will ensure that the planning system capitalises on all opportunities to support the environment, address climate change and, of course, level up the economy. In the review, we have already committed to exploring how we can incorporate nature into development through better planning for green infrastructure and nature-friendly buildings. I am sure that right hon. and hon. Members will appreciate that we cannot pre-empt the findings of the review, so we would not want to introduce a national compulsory planning policy until it has been concluded, but we remain conscious of the plight of our swift population and the potential benefits that mandatory swift bricks could have.

Before I close, I reiterate that the Government are committed to protecting and enhancing our natural and local environment. Through our planning changes and cross-Government working, we are pursuing a fair and balanced approach to achieve better outcomes for biodiversity. Our policy interventions will empower local areas to adopt a targeted approach in reversing the decline of swifts, based on local opportunities. Local planning authorities have the power to adopt policies locally that protect species, and it is important that that is done in a holistic way.

[Kit Malthouse]

Before the Minister finishes, could she confirm to us that she is not saying no to introducing mandatory swift bricks? I understand that she is a Minister in a Department and that collective decision making has to be gone through, but will she go away and have a think about it? In doing so, will she consider two things? First, she should have a look at the wooden boxes that developers may have put up three or four years ago, get a sense of whether they are all still there and consider their permanence. Secondly, I understand that she has given notice that she will not be standing at the next general election but, in a small way, she may be able to leave her mark for the future. If she said yes, we would all be happy to call it the Davison brick, and she would be able to gaze at the swifts with some joy in the future and see the part that she had played in their success.

[Dehenna Davison]

I am incredibly grateful to my right hon. Friend for his intervention but, just to confirm, it is not something that is being considered by Government at the moment. As I said, in the review of the national planning policy framework there are opportunities to feed in, and I would encourage all Members here and all interested campaigners to feed into that consultation.

[Kerry McCarthy]

The problem is that that review is absolutely massive—it covers a huge range of things. The reason we are having the debate today is to try to flag that this issue needs a very specific response. How can the Minister assure us that, when it comes to the consultation, this does not get lost among everything else?

[Dehenna Davison]

Given the tenacity of the Members present and the incredible campaigning of groups such as those sitting in the Public Gallery today, I am confident that the issue will remain on the radar of both my Department and the wider Government.

[Robert Courts]

I am grateful to the Minister for taking another intervention. I add my voice to those we have just heard: this issue is a way for her to make a real mark on nature. It could be something that she could forever say she had done that had helped the future. I hope the Department will forgive me, but I feel that it is quite a niche subject, and perhaps one that the Department does not understand in the way it ought to in terms of how it could help. Would the Minister agree to meet a cross-party group of people who care about this issue and who will come and plead the case again? Maybe then she will be able to say that she will think again.

[Dehenna Davison]

My hon. Friend pre-empted my final sentence. I was going to offer to meet interested Members from across the House and interested campaigners from across the country to discuss the issue further. I recognise that it has provoked hearts and minds, and it is important that we get it right to stop the decline of swift populations.

Finally, I assure hon. Members that we want to build a future where swifts can thrive and soar high in our skies, bringing joy to all who, like myself, witness their graceful flight. I am grateful to all hon. Members for taking such a close interest today.