English Devolution and Community Empowerment Bill

Ellie Chowns Excerpts

Report stage
Tuesday 25th November 2025 Commons Chamber

Bill read the Third time and passed.

[Dr Ellie Chowns (North Herefordshire) (Green)]

On a point of order, Madam Deputy Speaker. The Prime Minister said something that was inaccurate during his statement on the G20 summit and Ukraine, when he wrongly said:

“The Green party…says that we should pull out of NATO”.

That is not correct. Our party policy explicitly says that we recognise that NATO, while imperfect and in need of reform, has an important role in ensuring the ability of member states to respond to threats to their security. We support the principle of international solidarity, whereby nations support one another through mutual defence alliances and multilateral security frameworks. Madam Deputy Speaker, what advice can you provide on the Prime Minister correcting the record?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I am grateful to the hon. Member for giving notice of her point of order. It is not a point of order for the Chair, but she has most definitely put her point on the record.

Oral Answers to Questions

Ellie Chowns Excerpts

Monday 24th November 2025 Commons Chamber

[Alison McGovern]

The hon. Gentleman mentions fire. The Minister responsible and I are keeping this issue under review, and we are happy to hear further from him if he has concerns about it.

[Dr Ellie Chowns (North Herefordshire) (Green)]

Rural counties like Herefordshire face additional costs in delivering services because of rurality. Extra cost pressures mean that we need another £35 million next year to provide the same services, but it looks like the fair funding review will reduce central Government funding for Herefordshire by £12 million. Does the Minister recognise the extra costs of rurality, and will she ensure that the fair funding review properly allocates the funding that rural communities need to deliver public services in a fair way?

[Alison McGovern]

When it comes to rural areas, there are particular challenges for public services. This Government have increased funding for council spending on areas of demand, such as adult social care. We need to make sure that all councils can be financially stable, and can develop the way that they deliver public services, particularly given the challenges that the hon. Lady mentions.

Planning and Infrastructure Bill

Ellie Chowns Excerpts

Consideration of Lords amendments
Thursday 13th November 2025 Commons Chamber

[Chris Hinchliff (North East Hertfordshire) (Lab)]

I declare an interest as a vice-chair of the Climate and Nature Crisis Caucus.

At the outset of my contribution to today’s debate on this important legislation, there are a few general points that are probably worth reiterating. There need be no conflict between house building and nature; the real conflict is between greed and the sort of country we want to build. After 20 years of planning deregulation, time and again we see profiteering trumping public need and the protection of the countryside; cost cutting where communities deserve quality; and low-density, high-price housing while families wait for council homes.

Since we last debated the Bill in this place, Key Cities has published a very useful report, which highlights that in a survey of its members, only 6% cited the planning system as the primary obstacle to house building. More than twice that figure pointed to developer delays, so I hope that we will shortly see similarly major Government legislation to tackle the profiteering developers that are blocking the delivery of genuinely affordable housing in this country.

The recent announcement of plans for towns built within a new forest shows that good development and nature recovery can go hand in hand, and we must go further. A democratic programme of mass council house building could easily avoid the clashes that so often mark the developer-led system. What is needed are well-funded councils with the power to assemble land and identify the best sites for new homes—building not grey estates that are shaped by the defeatism of low expectations, but cohesive, thriving communities that are built for life to flourish. That is the solution to the housing crisis and would create a country that puts people and nature before profit.

I welcome the several important amendments tabled by the Government in the other place. In my view, the most important is the stronger overall improvement test for nature recovery, which I campaigned for on Report. It is very good news that these amendments have substantially allayed the concerns of the Office for Environmental Protection. Nevertheless, it is clear that environmental experts and conservationists continue to have some concerns, which the other place has sought to address through Lords amendments 40 and 38 in particular.

Our Labour Government were elected on a clear manifesto promise to reverse the nature crisis in this country, so it is essential we get this right. That is particularly urgent for our endangered species and irreplaceable habitats, including chalk streams such as the Rib, Beane, Ivel and Mimram, which criss-cross North East Hertfordshire and bring joy to so many people’s lives. I genuinely welcome the comments that the Minister has made to allay the concerns of nature experts, and I will dedicate my remaining time to a few short questions that I hope he can address in his wind-up.

First, given the need for legal certainty, can the Minister confirm that the overall improvement test will guarantee that irreplaceable habitats and species cannot be covered by EDPs, and if so, will the Government set out a list of environmental features that they consider would be irreplaceable?

Secondly, can the Minister confirm whether any EDPs are currently under consideration or development by Natural England, or proposed by the Government? If so, will any of them be affected if Lords amendment 40 remained part of the Bill?

Thirdly, will the Minister give confidence to the many constituents of North East Hertfordshire worried about potential impacts on the wildlife we love by once again putting on record that the Government recognise the difference between diffuse landscape issues such as nutrient pollution, where strategic scale action is best suited for nature restoration, and protected sites and species that cannot easily be recreated elsewhere?

Fourthly, given the widespread interest in this Bill shown by many of our constituents and by the wider nature sector, will the Minister consider providing further transparency and accountability through a Government amendment in lieu of Lords amendment 40 to ensure parliamentary approval of EDPs beyond diffuse issues such as air, water and newts?

Fifthly, given that the “Catchment Based Approach” annual review published this autumn found that a third of chalk streams do not have a healthy flow regime, that over-abstraction due to development pressures is one of the main threats facing these crown jewels of our natural heritage and that there are currently no planning policies specifically protecting chalk streams, can the Minister set out in more detail how the Government foresee planning authorities being able to direct inappropriate development away from struggling chalk streams within the process of setting spatial development strategy plans, and would he consider opportunities for this through regulation, if not through the Bill?

Sixthly, will the Minister provide further certainty from the Dispatch Box about ensuring that chalk streams are specifically added to the national planning policy framework as an irreplaceable habitat, and will he set out when this might happen given that an update of those provisions has been delayed since 2023?

Seventhly, as one reason put forward for Lords amendment 40 is that it would mitigate concerns about the weakening of the Protection of Badgers Act 1992, what reassurances can the Minister give my constituents that these iconic animals will not be at risk from widespread licences to kill in EDPs paid for by developers in the absence of Lords amendment 40?

Eighthly, can the Minister confirm whether the Government have assessed the potential impact of proposed biodiversity net gain exemptions on the private finance for nature markets that will be essential for the delivery of EDPs?

Ninthly and finally, can the Minister reassure those who have raised concerns that the current legislation may allow money committed to the natural restoration fund to be redirected to other purposes?

[Dr Ellie Chowns (North Herefordshire) (Green)]

Madam Deputy Speaker, you will know that I like to start on a positive note and by looking for common ground, so I will begin by recognising and welcoming the fact that the Government have made some concessions in the other place on this Bill, which is a positive step. Unfortunately, I have to disagree with the Minister’s claim that this is a win-win for nature and housing, and express my continued concern that the Bill, especially part 3, has not had the full reconsideration it needs to ensure we have a genuine win-win. The reason, unfortunately, is that the Government seem to be stuck in the view that there is a zero-sum game between nature protection and house building. That is wrong and unhelpful; it is a complete misconception. Despite making some concessions, the Government lost a lot of trust among the general public by claiming at the outset of the Bill’s progress that they would do no harm to nature protection. The Government were forced to reconsider and recognise, not least by their own official adviser, that that was not in fact the case.

--- Later in debate ---

[Dr Chowns]

Does the hon. Gentleman recognise that there are many hundreds of thousands of homes sitting empty around the country and that this Bill will not do anything to address that issue, which could go a very long way to addressing the problems of homelessness that he claims to worry about?

[Mike Reader]

The hon. Lady is completely right that there are lots of empty homes. I am sure that there must have been some amendments tabled by the Greens that I have missed, and that they have been constructive and worked with Government to address that issue through the Bill.

Working cross-party is what I have always tried to do in this place. I am proud to chair the all-party parliamentary group for excellence in the built environment and the all-party parliamentary group on infrastructure and, even though the Minister and I do not always agree with the membership of the group—I have to say, some of the members do take unwarranted and quite grotty shots at the Minister—I am proud to chair the Representative Planning Group with Simon Dudley, the treasurer of the Conservatives.

I am pleased that the Government have recognised a point that I raised on Second Reading that solving the housing crisis will take action from the whole Government. The Bill is part of it, but there are many other things that we need to do to fix the mess that we inherited. I am also reassured that concerns that I and others raised on Second Reading around how EDPs will work have been recognised, particularly in some of the latest amendments, as well as by the Minister’s comments on how brownfield will be dealt with, which is so critical.

Oral Answers to Questions

Ellie Chowns Excerpts

Monday 13th October 2025 Commons Chamber

[Matthew Pennycook]

We absolutely need to make housing affordable. One of the primary ways in which we can do that is to build more homes of all tenures, which is precisely what we are committed to doing. We can also boost the supply of social and affordable housing, which our social and affordable housing programme—worth £39 billion over 10 years—will do.

[Dr Ellie Chowns (North Herefordshire) (Green)]

Winter is coming, and nearly 3 million households are living in fuel poverty, which is an absolute scandal. The long-awaited warm homes plan cannot come soon enough, but given that previous piecemeal programmes prioritised private profit and left us without the changes that our constituents so desperately need, will the Secretary of State commit to funding a public body to co-ordinate, monitor and evaluate a nationwide programme of home insulation to hold cowboy builders—cowboy contractors—to account and deliver energy savings for all?

[Matthew Pennycook]

I will refer the hon. Lady’s comments about the warm homes plan to the Secretary of State for Energy Security and Net Zero. If she wishes to write to me with details of any particular cowboy builders, I would be more than happy to read what she has to say.

Provision of Council Housing

Ellie Chowns Excerpts

Monday 15th September 2025 Commons Chamber

[Chris Hinchliff]

I fully agree with my hon. Friend. The points he raises perfectly exemplify why the provision of council housing is so important.

England has seen 724,000 more net additional dwellings than new households since 2015, yet in the same period the number of households in England on local authority housing waiting lists rose by more than 74,000.

[Dr Ellie Chowns (North Herefordshire) (Green)]

Given that 1.3 million households are on council housing waiting lists, and given the previous Labour commitments to tackling the social housing crisis that he presented, does the hon. Member agree that it is extraordinary that the Minister has repeatedly refused to set a target for social housing? The Government think that setting a target for building any type of housing will address the housing crisis, but they are failing to address the specific problem of building social housing.

[Chris Hinchliff]

I fully agree that council housing is essential to meeting the housing crisis that we face, and I hope that we will hear ambitious remarks from the Minister.

The question is not simply how much housing is built, but the type of housing built and for whom. As has been referenced, more than 1.3 million households in England are trapped on waiting lists—a rise of 10% in the past two years alone. The scale of our failure to provide homes for all our citizens is staggering and reveals in the starkest possible terms the absolute folly of relying on the private sector to meet the public’s basic needs.

--- Later in debate ---

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

I congratulate the hon. Member for North East Hertfordshire (Chris Hinchliff) on securing the debate, and thank the other hon. Members who have made contributions to it.

The provision of council housing is of the utmost importance to this Government. After decades of marginalisation, we are once again asserting the necessity and value of social and council housing, as a crucial national asset to be proud of, to invest in, to protect and to maintain. Doing so is imperative, because successive Government have, for decades, failed to build sufficient numbers of social and council homes in England, and that failure is at the heart of the acute and entrenched housing crisis we face today.

As has been noted, as a result of diminished social and affordable housing supply, particularly in the wake of the coalition Government’s decision in 2010 to slash grant funding for affordable homes, over 1.3 million households now languish on local authority waiting lists, millions of low-income families have been forced into insecure, unaffordable and often substandard private rented housing, and, to our shame as a nation, over 169,000 children will go to sleep tonight in temporary accommodation. Acutely conscious that it would not be quick or easy, we entered government determined to turn that situation around, and that is precisely what we have begun to do. In the brief time available to me, I will detail how the Government are kick-starting a decade of social and affordable housing renewal, and set out the ways in which we have laid the groundwork for a reinvigoration of council house building.

As the House will know, the Government stood for election on a clear manifesto commitment to delivering the biggest increase in social and affordable house building in a generation. We did so to address the urgent need to provide homes for those for whom the market cannot cater, but also because the provision of social and affordable housing supports wider housing delivery. We know, for example, that on sites where more than 40% of homes are affordable, build-out rates are twice as fast. Boosting the supply of social and affordable homes is therefore at the heart of our efforts to ramp up housing supply more generally, and to meet housing need and housing demand in full across the country.

[Dr Chowns]

Given that the Minister feels that social housing is so important, can he explain why he will not set a target for it?

[Matthew Pennycook]

The hon. Member will know that we have not set a target as things stand, for the reasons that we have debated on many occasions, but we keep the matter under review.

[Dr Chowns]

The question was why.

Oral Answers to Questions

Ellie Chowns Excerpts

Monday 14th July 2025 Commons Chamber

[Angela Rayner]

My hon. Friend is absolutely right that the Planning and Infrastructure Bill will unlock a new scale of housing and infrastructure delivery across all tenures to help build 1.5 million homes in this Parliament. We are also taking action in the Bill to improve local decision making by modernising planning committees and ensuring that planning departments are well resourced by allowing local planning authorities to set their own planning fees.

[Ellie Chowns (North Herefordshire) (Green)]

Will the Deputy Prime Minister please explain why her Government will not set a target for the provision of social housing? While I welcome the investment in the social and affordable homes programme that she set out, the reality is that it will meet only 10% of the total number of new homes anticipated and only 10% of the current demand for social housing. If she believes that setting national targets like the 1.5 million homes target is important to drive change, why will she not set a target for social housing?

[Angela Rayner]

The Government have not set an affordable housing target to date, but we continue to keep the matter under review. Accurately trying to forecast long-term delivery is inherently challenging, but we believe that our new social and affordable homes programme could deliver around 300,000 social and affordable homes over its lifetime, with around 180,000 for social rent. The measures we have taken, alongside the commitment for rent so that there is this long-term programme, will hopefully help with the supply, and I have made it categorically clear to the sector that we want more social rent housing.

Planning and Infrastructure Bill

Ellie Chowns Excerpts

Report stage
Monday 9th June 2025 Commons Chamber

[Matthew Pennycook]

I will come on to address that call, which I know is being made, but in general the Bill aims for, and I have always focused on, a win-win for development and the environment. We had extremely productive engagement with ENGOs in the development of the Bill, and we continue to have fruitful conversations with them, aside from the campaigns that I know are being fought out there in the country and in some of the national media.

While critics of this part of the Bill may be content to maintain the suboptimal status quo, in full knowledge of the fact that it is frustrating the building of new homes and failing to drive the restoration of nature, this Government are not. To those who believe this Government might buckle and scrap part 3 of the Bill entirely, I simply say, “You have underestimated the resolve of this Government and this Minister.” The case for moving to a more strategic approach that will allow us to use funding from development to deliver environmental improvements at a scale that will have the greatest impact in driving the recovery of protected sites and species, is compelling.

That is why so many organisations indicated their in-principle support for the purpose and intent of part 3 when the Bill was first introduced.

[Ellie Chowns (North Herefordshire) (Green)]

Will the Minister give way?

[Matthew Pennycook]

I will make some progress.

As Beccy Speight, the chief executive of RSPB, put it at the time:

“With bold leadership, collaboration, and smart planning through initiatives like the Nature Restoration Fund, we can build a future where nature, climate, people and the economy thrive together”.

[Matthew Pennycook]

I thank my hon. Friend for that intervention. We must make a distinction between irreplaceable habitats, where the model does not remove the strong protections that exist for them, such as ancient woodland in the national planning policy framework, and habitats where Natural England will be allowed to take a view as to whether conservation measures that apply to them meet the overall improvement test in the Bill, and any intervention in those circumstances will be driven by what is in the environmental best interests of the relevant feature. There are, therefore, protections in place that address my hon. Friend’s concerns.

In recent weeks, there has been a not inconsiderable amount of spurious commentary attempting to convey a false impression of what the nature restoration fund does.

[Ellie Chowns]

On that specific point, will the Minister give way?

[Matthew Pennycook]

If the hon. Lady will let me develop my argument a little, I am more than happy to give way to her in due course.

As such, I feel obliged to tackle a number of the most flagrant misconceptions head on. First, some have claimed that the nature restoration fund is driven by a belief that development must come at the expense of the environment and that the Government are creating a licence for developers to pay to pollute—a “cash to trash” model, as some have dubbed it.

In reality, the nature restoration fund will do the precise opposite. I have been consistently clear that building new homes and critical infrastructure should not—and need not—come at the expense of the environment. It is plainly nonsense to suggest that the nature restoration fund would allow developers simply to pay Government and then wantonly harm nature. Instead, it takes payments from developers and hands them to Natural England, a public body with regulatory duties to conserve and enhance our natural environment, to develop environmental delivery plans, setting out how various conservation measures will not only address the impact of development, but go further to demonstrate how they will improve the conservation status of the environmental feature.

--- Later in debate ---

[Matthew Pennycook]

I know lots of Members wish to contribute to the debate but I will make some progress. If I may finish the argument I am trying develop about taking on those misconceptions, I will give way to the hon. Member for North Herefordshire (Ellie Chowns) very shortly.

We have been perfectly clear that the new approach is not a means of making unacceptable development acceptable, which is why the Bill gives Natural England the ability to request planning conditions to ensure that appropriate actions are taken by developers as part of using an EDP.

[Ellie Chowns]

I thank the Minister warmly for giving way. He dismissed “spurious” criticism of part 3 of the Bill, but would he use that phrase to dismiss the very expert criticism of the Office for Environmental Protection? In complete contrast to the Secretary of the State’s claim that the Bill does not reduce environmental protections, in its independent expert advice, the OEP says that it does and that the Bill constitutes “a regression” in environmental protection?

[Matthew Pennycook]

The simple answer is no, I would not characterise the OEP’s advice as “spurious”, but I am characterising some of the arguments that have been made over recent days and weeks as such. The OEP is not saying that the Bill is a “cash to trash” model, but some people out there in the public discourse are making that claim.

[Ellie Chowns]

rose—

[Matthew Pennycook]

I will not give way again. We have to make this argument to take on the critics of the Bill who are intentionally trying to malign the objectives—

--- Later in debate ---

[Matthew Pennycook]

I will not. I have just been very clear that I am not going to give way again as I want to make some progress.

[Ellie Chowns]

rose—

[Matthew Pennycook]

The hon. Member for North Herefordshire is more than welcome to have another go at intervening in due course. I know that she will be putting forward her views later. The Government’s view is that the Bill is not “regressive”. As I have said, environmental delivery plans will secure improved environmental outcomes that go further than simply offsetting harm as required under current legislation. As the hon. Lady knows, because we had extensive debates in Committee, we are giving very serious consideration to the OEP’s technical advice on how the Bill might be strengthened in various areas.

Another claim that has been put forward has been that the Bill strips protections from our protected sites and species, allowing for untrammelled development across the country. Again, that amounts to nothing less than wanton misrepresentation. The very strong protections for important sites set out in national planning policy are untouched by the legislation. It is only when an EDP is in place, following consultation and approval by the Secretary of State, that developers can avail themselves of it to discharge the relevant obligation.

In the same way that developers can build only once they have met existing requirements, development supported by the nature restoration fund will only be able to come forward when there is a credible and robust EDP in place that will deliver better environmental outcomes. The Chair of the Environmental Audit Committee, my hon. Friend the Member for Chesterfield (Mr Perkins), has rightly flagged the importance of these plans relying on robust scientific evidence, which is why they will only ever be put in place where they can be shown to deliver better environmental outcomes.

Finally, there has been a suggestion by some that the new approach provided for by the Bill would allow for the destruction of irreplaceable habitats or for irrecoverable harm. Again, that is patently false. Not only do all existing protections for irreplaceable habitats remain in place, but the overall improvement test in clause 59 simply could not be met if an EDP proposed to allow irrecoverable harm. Natural England would not propose such measures, and the Secretary of State could not sign them off if it did. If any Secretary of State signed them off, they would be open to judicial review on the basis of that decision.

In short, the nature restoration fund will do exactly as its name suggests: it will restore, not harm nature. It is smart planning reform, designed to unlock and accelerate housing and infrastructure delivery, while improving the state of nature across the country. By shifting to a strategic approach, leveraging economies of scale and reducing the need for costly project-level assessments, it will deliver a win-win for development and the environment.

While the Government have no time for spurious and misleading attacks on the nature restoration fund, I am acutely conscious of the views expressed both within and beyond this House from those who are supportive of the purpose and intent of part 3 of the Bill—those who are not calling for it to be scrapped, but are not yet convinced that the safeguards within it are sufficiently robust or that there is the required certainty that it will deliver in practice the potential environmental benefits it offers.

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[Dan Tomlinson (Chipping Barnet) (Lab)]

The Bill before the House has the potential to be one of the most pro-growth pieces of legislation passed by this place for decades and to transform our country for the better, but the amendments proposed will blunt its impact and make us all worse off. We should reject them for the prosperity of our constituents and the future of our country.

Every day in this place has to be about our constituents and the lives they lead. In Chipping Barnet, time and again I see the impact of our failure to build homes. Take Maryam—a victim of domestic violence and mother of a seven-year-old, working a zero-hours contract. She found herself with nowhere suitable to live to the point that she was living in a car. Or take Hayley—a wheelchair user living in a property that is not accessible for her. Due to a lack of available housing that is appropriate for her, she is often housebound because she simply cannot leave her home without support.

These are the stories of Britain today, but it does not need to be like this. This Bill gives us a once-in-a-generation opportunity to fix many of the things holding our country back. For too long, we have not built enough in this country, and we are paying a huge price for that. Under-investment in our homes and infrastructure has made us all worse off, both financially and socially, living in homes that skewer the prospect of a good life. That is why I do not support the Opposition amendments.

I also do not support amendment 69 proposed by my hon. Friend the Member for North East Hertfordshire (Chris Hinchliff), which sadly misses the mark. Labour was elected on a manifesto that sought to prioritise growth and making people better off. The Bill demonstrates how that is possible, alongside improved protections for nature. The nature restoration fund is a genuine win-win, but its successful and timely implementation is put at risk by the amendment.

[Ellie Chowns]

Will the hon. Member give way?

[Dan Tomlinson]

I will make a bit more progress.

Let us take the example of nutrient neutrality. It is estimated that no fewer than 160,000 homes across the country have been blocked by Natural England on that basis. That is because on-site mitigation on a site-by-site basis is often virtually impossible, and those homes remain stalled. The environmental delivery plans that Natural England will produce will mean that rather than homes being held up by those rules, the very issues causing nutrient neutrality challenges can be addressed in a strategic way—better for building, for nature and for people. EDPs take the challenge of nutrient neutrality seriously and mean that builders can get stalled sites built, providing much-needed new homes.

--- Later in debate ---

I want to finish by speaking in favour of new clause 82, tabled by my hon. Friend the Member for Bournemouth East (Tom Hayes). This would require local authorities to assess local play provision and to take reasonable steps to improve play sufficiency. As other Members have mentioned, hundreds of playgrounds have been lost over the past decade and a half. Speak to any young parent and they will tell you the value of play, especially outdoor play, where their children can meet and play safely with other young children. I hope that Ministers will see the strength of feeling on this issue and, whether they accept this new clause or not, do more to help create spaces to play for families across the country. Notwithstanding the amendments and new clauses that have been discussed tonight, I am proud to have helped move this vital piece of legislation nearer the statute book, and I look forward to the Bill helping to get Britain building again.

[Ellie Chowns]

I will get straight to the point: there are two big problems with this Bill. First, there is no social housing target, which means that it does not do anything to secure delivery of the fit-for-the-future social rent housing that we so desperately need, as colleagues across the House have said tonight. Secondly, it rolls back vital nature protections, effectively giving developers carte blanche to bulldoze nature to build luxury homes that are accessible only to the richest.

Green MPs gave the Bill a chance on Second Reading—

[Luke Murphy (Basingstoke) (Lab)]

Will the hon. Lady give way?

[Ellie Chowns]

I am sorry, I will not give way because there are so many colleagues who still want to speak and we are short of time.

Green MPs gave the Bill a chance on Second Reading, because a secure home is out of reach for too many people. Rents are spiralling, over 165,000 children are living in temporary accommodation and over 1 million people are stuck on housing waiting lists. It is scandalous that just 3% of the housing built in the last decade was for social rent, and there is now a wait of more than 100 years for a family-sized social home. I served on the Bill Committee for the past six-plus weeks and I worked hard to persuade the Government to fix the serious flaws in the Bill, but unfortunately those calls have so far been ignored.

I am profoundly concerned that, in the glaring absence of a social rent housing target, this Government are writing a charter for developers’ greed. That is why Green party MPs have tabled new clause 78, to push for safe, warm homes in the communities we love at a truly affordable price. It would require housing plans to set targets for building zero-carbon social rent housing based on local needs, because without an explicit social housing commitment, big developers will be able to line their pockets even further while ordinary people are still locked out of affording a decent home.

I am hugely concerned, as are so many people and the nature organisations that we all trust. By the way, the Bill rolls back nature protections. That is why I have proposed amendments 24 to 63, which would delete part 3 of the Bill entirely, because the Government repeatedly blocked cross-party efforts in Committee to amend part 3 to reduce its harmful impact on nature.

Part 3 is harmful for three key reasons. First, it weakens and undermines the requirement for nature protection to be achieved to a high level of scientific certainty. Secondly, it creates a “pay to pollute” system, allowing developers to skip straight to offsetting, trashing the long-established principle of the mitigation hierarchy—that is, that development should first seek to avoid harm. Thirdly, it upends the requirement for compensation to be delivered up front and creates wiggle room for developers to avoid paying the true cost of the harm they do.

The Government know the nature crisis in our country is severe, yet they repeatedly voted in Committee to reject a raft of constructive amendments to improve part 3 and ensure a win-win for housing and nature. I remind the House that the Labour party’s 2024 manifesto pointed out that

“the Conservatives have left Britain one of the most nature-depleted countries in the world,”

but part 3 will make that terrible situation worse. It is not just the nature organisations that tell us that; it is the independent expert advice of the Office for Environmental Protection, which says that the Bill constitutes a “regression” in environmental law, directly contradicting the assertion of the Secretary of State.

If Ministers insist on bulldozing ahead on part 3, I urge them at the very least to accept my new clause 26. With cross-party support and wide backing, it seeks to match the current degree of certainty for environmental protection. I also strongly support amendment 69, in the name of the hon. Member for North East Hertfordshire (Chris Hinchliff), which would ensure that improvements are delivered before the damage they are compensating for.

We can and must both protect nature and build warm, affordable, zero-carbon social rent homes. The Government said it is what they want. Sadly, it is not what the Bill delivers. Without urgent change—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I call Alex Brewer.

Oral Answers to Questions

Ellie Chowns Excerpts

Monday 9th June 2025 Commons Chamber

[Matthew Pennycook]

The Government are investing significant amounts of money to train more construction workers. We appreciate fully the importance of independent training providers in training the workforce needed to deliver more homes across England. I suggest that my hon. Friend and I find time to meet Baroness Smith from the Department for Education to discuss matters relating to ITPs, including the CSV in my hon. Friend’s constituency.

[Ellie Chowns (North Herefordshire) (Green)]

I welcome the Minister’s commitment to supporting skills training in the construction sector. Does he agree that skills training needs to be particularly focused on the sustainable skills, and will he join me in congratulating the low-carbon technology training centre in my constituency, as well as the new university in Hereford—its first cohort of engineers graduated just last month? Does he welcome such initiatives, and will the Government put more funding into supporting the construction and engineering skills that our building sector will need?

[Matthew Pennycook]

I hope that the hon. Lady recognises that we are putting significant amounts of investment into construction skills. In the spring statement, the Government announced a £600 million investment that will recruit an additional 60,000 construction workers by 2029. I am more than happy to recognise the contributions made by initiatives of the sort that she mentions in her constituency. We absolutely need skills across the built environment to meet our targets.

Planning and Infrastructure Bill (Fourteenth sitting)

Ellie Chowns Excerpts

Committee stage
Thursday 22nd May 2025 Public Bill Committees

Brought up, and read the First time.

[Ellie Chowns (North Herefordshire) (Green)]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 78—Cooling hierarchy guidance—

“The Secretary of State must, within six months of the passing of this Act, issue guidance for local planning authorities which—

(a) outlines a cooling hierarchy; and

(b) provides guidance on the application of the cooling hierarchy in the exercise of a local planning authority’s planning and development functions.”

This new clause would require the Secretary of State to publish guidance for local planning authorities on applying the "cooling hierarchy"—a structured approach to reducing overheating risk in buildings, prioritising passive and sustainable design measures.

New clause 79—Overheating risk assessments—

“(1) The Secretary of State must, within six months of the passing of this Act, require all applications for planning permission for residential development to include an overheating risk assessment.

(2) An overheating risk assessment must be conducted in accordance with—

(a) the Chartered Institution of Building Services Engineers’ design methodology for the assessment of overheating risk in homes, or

(b) any successor standard designated by the Secretary of State.”

This new clause would require all planning applications for residential development to include an overheating risk assessment, conducted in line with the latest recognised technical standard, such as those of the Chartered Institution of Building Services Engineers (CIBSE).

New clause 80—Incorporation of features to mitigate overheating risk—

“(1) When preparing any plan or strategy relating to the development of housing under the Planning and Compulsory Purchase Act 2004, a local planning authority must have regard to the need for residential developments to incorporate passive design features that mitigate the risk of overheating.

(2) Passive design features may include—

(a) cross-ventilation,

(b) external shading,

(c) solar control glazing, and

(d) thermal mass.”

This new clause would require local planning authorities, when preparing housing-related plans or strategies, to have regard to the need for residential developments to include passive design features that reduce the risk of overheating, such as cross-ventilation, external shading, solar control glazing, and thermal mass.

New clause 81—Access to data on overheating risk—

“(1) For the purposes of supporting the making of local plans, spatial development strategies and planning decisions, the Secretary of State must make provision for local planning authorities to have access to relevant data relating to overheating risk.

(2) The Secretary of State must ensure that data on overheating risk made available to local planning authorities is updated at intervals not exceeding five years.”

This new clause would require the Secretary of State to ensure that local planning authorities have access to up-to-date data on overheating risk, to support the making of local plans, spatial development strategies, and planning decisions.

[Ellie Chowns]

It is a pleasure to serve under your chairship once more, Mrs Hobhouse. I rise to speak in strong support of a group of new clauses that address a clear and growing risk to public health, quality of life and economic productivity: domestic overheating. It may surprise some—hopefully no one in this room—to know that the risk of overheating in homes is now one of the most severe climate-related threats in the UK. The Climate Change Committee’s independent climate risk assessment identifies overheating in homes as one of the most severe climate risks, requiring urgent action. Over half of UK homes are already at risk of overheating, and that is projected to increase to 90% homes under a 2°C global warming scenario, which unfortunately is a possibility.

This is not some distant hypothetical; the Met Office recorded the UK’s first ever 40°C day in 2022. Already around 2,000 deaths per year in England are attributed to heat waves, a number that is projected to more than triple by the 2050s under even a medium-emissions scenario. This is not just a health issue but an economic one. Evidence shows that overheating in buildings could cost the UK economy £60 billion a year—the equivalent of 1.5% to 2% of GDP—through lost productivity. That is on top of the economic costs of heat-related mortality, estimated to already be £6.4 billion per year in England, which is likely to increase to £14.7 billion per year by the 2050s. These are huge figures.

As highlighted by the Climate Change Committee,

“early adaptation investments deliver high value for money”,

with every £1 invested in adaptation delivering £10 in net economic benefits. That is a huge rate of return and a huge benefit-cost ratio. As heard by the Environmental Audit Committee, passive measures supported through planning, such as installing external shutters, can reduce incidence of heat mortality by around 40%.

Given the urgency, I draw the Committee’s attention to a regrettable decision made more than a decade ago. In 2012, the coalition Government removed references to “overheating” from the national planning policy framework. This left a significant gap in our planning system’s ability to deal with overheating risks—one that has not been adequately addressed since. That is precisely why we need the new clauses. There are five in the group, each of which deals with a particular element that needs addressing, and I will go through them now.

New clause 77 would empower local authorities to impose conditions on planning permissions where there is demonstrable overheating risk, such as single-aspect flatted developments with no cross-ventilation. It is a targeted, proportionate provision that would allow planning authorities to respond to local climatic data with appropriate preventive conditions, and it would undo the short-sighted change introduced by the previous Government.

New clause 78 would introduce statutory guidance on the cooling hierarchy, an approach that is already familiar in London planning policy. The hierarchy prioritises passive design strategies, such as shading and ventilation, before resorting to energy-intensive cooling. This aligns with our net zero goals and ensures resilience, without placing undue burden on developers and the grid. Why would we not ensure that our buildings can effectively cool themselves before going to measures such as installing air conditioning?

New clause 79 would address a significant gap by requiring all full planning applications for residential developments to include an overheating risk assessment, using the established TM59 standard, or its successor, from the Chartered Institution of Building Services Engineers. At present, many new homes are being designed with large, south-facing windows, poor ventilation and inadequate shading. Building regulations alone do not capture this risk at the early design stage, so the planning system must intervene. Overheating is a planning issue, not just a building regulations issue. Building regulations govern how buildings are constructed; planning dictates what gets built and where.

[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

It is a long-standing norm that building regulations deal not just with the construction of buildings but their thermal efficiency and performance. That is why energy performance certificates were introduced, and there are regulations on windows, glazing and glass roofs all found within the building regulations. Surely these provisions on overheating need to go hand in hand with those provisions on thermal efficiency in housing, and therefore sit far better within building regulations than in this Bill.

[Ellie Chowns]

I do not at all dispute that there is potential to go further and faster within the framework of building regulations to address the risks that I am outlining. However, there is also potential within the planning framework to do it, which is exactly the point that I have made. The removal of “overheating” from the planning framework in 2022 meant that things have got worse. We have an opportunity in the Bill to ensure that we tackle overheating through the planning framework, as well as the building regulations framework. It really is not an either/or. There is scope and need within both those frameworks to address the risks that I am outlining.

New clause 80 would ensure that local plans must consider passive design in residential development, from cross-ventilation to thermal mass. These are well-established strategies that can drastically reduce indoor temperatures during extreme heat events without energy use.

Finally, new clause 81 would ensure that local authorities have access to up-to-date, localised overheating risk data. Evidence-based planning is possible only when planners are equipped with timely, spatially accurate information. Datasets such as these have already been pioneered in places like Bristol, with its Keep Bristol Cool map and local plan policies. Likewise, the Department for Environment Food and Rural Affairs has been developing national data on overheating, and that could form the basis of rolling out such support nationally.

We really must not miss this opportunity. Climate adaptation cannot be an afterthought; it needs to be embedded in our planning framework and how we plan our communities, protect our citizens and shape the homes of tomorrow. These five new clauses offer a clear, practical and urgently needed framework to ensure that our planning system is fit for a warmer world. I urge the Committee to support them.

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

It is a pleasure to continue our proceedings with you in the Chair, Mrs Hobhouse. I thank the hon. Member for North Herefordshire for tabling the new clauses and raising the very real social and economic issue of overheating in our homes. I absolutely agree with her aims to ensure that homes being built do not give rise to the health and lifestyle risks that come with overheating.

In 2021, a new part of the building regulations—part O —was introduced, which was designed specifically to ensure that new homes are built to mitigate the risk of overheating. As the hon. Lady will know, compliance with building regulations is mandatory. Given the transitional arrangements that accompany new building regulations, it is only relatively recently that we have seen new homes built specifically to mitigate the risk of overheating, so we are seeing that effect come through the planning system. As part of the future homes and buildings standards consultation, which ran from December 2023 to March 2024, my Department ran a call for evidence on part O. This was to investigate how industry was finding part O, how it was being implemented and whether further improvements could be made. The Government response to that call for evidence, with details of next steps, will be issued later this year.

Different regulatory regimes exist for different purposes, and aspects of building construction concerned with heating and cooling are best addressed through these regulations. The planning system absolutely has a role in mitigating the risks of overheating, but in the Government’s view, that is more in the overall layout and form of development—matters that are covered in national planning policy. Notwithstanding the comments that the hon. Lady made about changes introduced by the coalition Government, paragraph 161 of the national planning policy framework sets out that concern must be given to

“taking into account the long-term implications”

of a range of matters, including overheating.

I reassure the hon. Lady that there is specific reference to overheating in the NPPF as it stands. As we have discussed several times, the framework was partially revised in December last year, but we have again committed to consult on clearer policies for development purposes, which is how decisions on applications are made. These will cover the full range of planning considerations, including how the planning system can address the risks posed by climate change. This is a really important topic, but we think that we are addressing it through our work to strengthen building regulations and planning policy in the future. On that basis, I hope that the hon. Lady is somewhat reassured and will withdraw the motion.

[Ellie Chowns]

I am somewhat reassured that the Minister recognises the severity of the problem. None the less, I maintain that there is need and scope to go further in ensuring that the planning system specifically enables us to address this issue. In the interests of gently encouraging the Minister further in the direction of tackling overheating, I will press this new clause to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Olly Glover]

I thank the Minister for his comments. I was very pleased to hear him reference Active Travel England; as one of the vice-chairs of the all-party parliamentary group for cycling and walking, I have been very impressed by the leadership of Chris Boardman, and it is good to hear the Minister making encouraging noises in that direction. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 91

Embodied carbon assessments

“(1) Local planning authorities must, within 12 months of the passing of this Act—

(a) require applications for permission for developments which exceed a specified gross internal area and number of dwellings to include an embodied carbon assessment;

(b) consider a relevant embodied carbon assessment as a material factor when considering whether to grant permission for the development.

(2) The Secretary of State must—

(a) approve a methodology for calculating embodied carbon emissions;

(b) provide guidance on how the whole-life carbon emissions of buildings must be expressed; and

(c) establish a centralised reporting platform to which embodied carbon and whole life carbon assessments must be submitted.

(3) For the purposes of this section—

‘embodied carbon’ means the total emissions associated with materials and construction processes involved in the full life cycle of a project;

‘whole life carbon’ means the combination of embodied and operational emissions across the full life cycle of a project;

‘operational emissions’ means the carbon emissions from the energy used once a project is operational, including from heating, lighting and cooling.”—(Ellie Chowns.)

This new clause would require the submission of embodied carbon assessments for larger developments as part of the planning application and consideration of these by local planning authorities. The Secretary of State will be required to approve a methodology, issue guidance, and establish a centralised reporting platform for whole-life carbon emissions.

Brought up, and read the First time.

[Ellie Chowns]

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

[The Chair]

With this it will be convenient to discuss new clause 108—Repeal of section 14A of the Land Compensation Act 1961—

“In the Land Compensation Act 1961, omit section 14A.”

[Ellie Chowns]

New clause 91 would require the submission of embodied carbon assessments for larger developments as part of the planning process. It is a practical, forward-looking measure that I think will make a significant difference. It has been called for widely by industry, and indeed by parliamentarians, for some years, and it relates to a critical and currently unregulated area of the UK’s built environment emissions. The new clause would require planning applications for development only over a certain size to include an embodied carbon assessment, and it would provide for the Secretary of State to approve a methodology, issue guidance on how the assessments should be carried out, and establish a centralised reporting platform. Crucially, it would require that local planning authorities consider these assessments as a material factor when reviewing an application.

Embodied carbon refers to the emissions associated with materials and construction processes throughout the whole life cycle of a building or of infrastructure. This is typically from any processes, materials or products used to construct, maintain, repair, refurbish or repurpose a building. The UK Green Building Council estimates that the UK releases around 60 million tonnes of embodied carbon per year. That is more than aviation and shipping combined, and it accounts for over 10% of UK emissions. This is really significant. As I mentioned on a previous day, as we become more efficient in the operational carbon in our buildings, the embodied carbon in them becomes an increasingly significant part of the carbon reduction challenge in the building sector.

Embodied carbon has not substantially reduced over the last 30 years, unlike operational carbon, despite initiatives to decarbonise material manufacturing. Unlike operational carbon, which can be regulated through building performance standards, embodied carbon remains unaddressed by policy. As a result, decisions with very significant long-term climate implications are being made every day without a consistent framework for assessing their carbon impact. It is a huge unregulated problem.

The new clause seeks to close that gap in a measured and industry-ready way. It would not impose a burden on small-scale development—only major schemes, where carbon savings from early design choices are both most impactful and most achievable. It would buils on existing tools and industry momentum, and industry actually really wants this. There are already widely used standards and guidance available, including the whole life carbon assessment guidance from the Royal Institution of Chartered Surveyors, the UK net zero carbon buildings standard and the embodied carbon primer from the London Energy Transformation Initiative.

Many local authorities, such as the Greater London Authority, Bristol and Manchester, have begun requiring whole life carbon assessment as part of planning. Embedding this requirement in the Planning and Infrastructure Bill would provide clarity and consistency, saving time and minimising potential legal challenge by ensuring that planning authorities are demonstrably committing to the fulfilment of statutory climate duties. It would empower local planning authorities to make more informed, balanced decisions that take account of our legally binding net zero commitments and provide a consistent policy environment in which developers can operate.

This next bit is really important: there is strong consensus from industry that there is a need for this requirement to be widespread. Over 140 organisations have signed up to Part Z, a proposal developed by industry that calls for embodied carbon regulation. The industry is ahead of the politicians on this, and they are calling for it. This new clause requires a central database and consistent measurement framework to streamline and simplify the current diversity of approaches. Standardisation of embodied carbon measurement is a major priority, with leading industry organisations—such as UKGBC, the Royal Institute of British Architects, CIBSE, the Institution of Structural Engineers and RICS—calling for a national framework to ensure consistency between planning authorities.

Importantly—this is my final paragraph—this new clause aligns with the Bill’s aim to accelerate the delivery of housing and infrastructure while ensuring that the system is fit for future needs. The decisions that we make today about what we build and how we build it will lock in emissions for decades. This new clause is not a barrier to development: it is a tool to build better, more responsibly, more efficiently and more sustainably. It enables early intervention, supports innovation and ensures that the carbon cost of our buildings is not ignored in the rush to meet targets. It is pragmatic, proportionate and backed by industry. If the Minister is not inclined to accept the new clause, I would very much welcome a meeting with him to discuss how we can ensure that embodied carbon is taken forward and we use Government policy to address this important issue.

[Matthew Pennycook]

I thank the hon. Lady for tabling this new clause, and I very much recognise the challenge that she has outlined. The Government are committed to the 2050 net zero carbon emissions target, and we recognise that embodied carbon can account for a significant proportion of a building’s whole life carbon emissions. Climate change is obviously one of the greatest challenges facing the world today, and managing carbon emissions and carbon storage is vital to mitigating the speed and impact of climate change. The national planning policy framework is clear that the planning system should contribute to and support the transition to a low-carbon future. Plans should take a proactive approach to mitigating and adapting to climate change, taking into account the long-term implications, in line with the objectives and provisions of the Climate Change Act 2008.

Our consultation in the summer of last year on changes to the NPPF deliberately sought views on whether carbon can be accurately measured and accounted for in plan-making and planning decisions to establish industry readiness and identify any challenges to widespread use of carbon assessments in planning. We received a wide range of views on this topic, and based on the responses received, we do not consider it appropriate to make carbon assessments a mandatory requirement using a standardised methodology at this stage. However, we consider that both local authorities and developers could benefit from clearer guidance on the use of appropriate tools to assist in reducing the use of embodied carbon and operational carbon in the built environment, and we have committed to updating the relevant planning policy guidance to support this.

Addressing embodied carbon is a challenge across the built environment and construction supply chains, not just in buildings. As other policies take effect, and industries that supply construction decarbonise, the embodied carbon emissions of buildings will fall in turn. I am happy to give the matter further thought, and I am more than happy to have the hon. Member for North Herefordshire take one of my Tea Room surgery appointment slots.

[Ellie Chowns]

I thank the Minister, and look forward to discussing this with him further. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 94

Considerations when deciding an application for development consent

“In section 55 of the Planning Act 2008 (acceptance of applications), after subsection (4) insert—

‘(4A) When deciding whether to accept an application, the Secretary of State must have regard to the extent to which consultation with affected communities has—

(a) identified and resolved issues at the earliest opportunity;

(b) enabled interested parties to understand and influence the proposed project, provided feedback on potential options, and encouraged the community to help shape the proposal to maximise local benefits and minimise any disbenefits;

(c) enabled applicants to obtain relevant information about the economic, social, community and environmental effects of the project; and

(d) enabled appropriate mitigation measures to be identified, considered and, if appropriate, embedded into the proposed application before the application was submitted.’”—(Gideon Amos.)

This amendment to the Planning Act 2008 would require the Secretary of State to consider the content and adequacy of consultation undertaken with affected communities when deciding an application for development consent.

Brought up, and read the First time.

[Gideon Amos (Taunton and Wellington) (LD)]

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

I will be brief, Mrs Hobhouse. Earlier in the progression of the Bill, we debated the removal of the pre-application requirement—all the statutory requirements for pre-application consultation under the Planning Act 2008. It may be wishful thinking, but it seemed to me that it was a generally held view that a qualitative test of some sort was needed for the consultation carried out by applicants before a DCO NSIP application is accepted for examination. That is certainly the opinion among the Liberal Democrats.

We therefore drafted the new clause, which repeats the four key paragraphs on the requirements for good consultations, which are in Government guidance, and places them on the face of the Bill as something to which the Secretary of State should have regard when considering whether to accept an application for development. In other words, in simple terms, when an application comes in, the Secretary of State and the inspector should consider the extent to which the applicant has consulted people and how well they have consulted people. That seems to be a basic, straightforward and simple requirement. I am sure the Government will have many complicated reasons for why this cannot be done, but to my mind it seems a straightforward way of dealing with it: introducing a qualitative test for Government to apply, given that they are removing all the pre-application consultation requirements from the primary legislation.

I have a quotation from Suffolk county council. As many will know, Suffolk has had more than its fair share of nationally significant infrastructure projects, far more than anywhere else in the country, starting with the Ipswich rail chord a number of years ago, with which I had some involvement. Suffolk is the site of numerous offshore wind farms, solar farms, Sizewell and huge numbers of cable routes and substations so, as the council describes it:

“Suffolk County Council has been involved with the delivery of projects under the Planning Act…since 2010”.

It states:

“The proposed replacement of a statutory requirement, by statutory guidance alone, is therefore, neither sufficient nor robust.”

I will not continue the quotation in the interests of time. I am sure that the Committee gets the gist. We offer the new clause as a way of securing sensible test, so that there is proper pre-application consultation, and that that continues to occur despite the removal of all the requirements under the Act.

Planning and Infrastructure Bill (Thirteenth sitting)

Ellie Chowns Excerpts

Committee stage
Thursday 22nd May 2025 Public Bill Committees

[The Chair]

I ask Members to send their speaking notes by email to [e-mail] and to switch electronic devices to silent. Tea and coffee are now allowed during sittings.

I remind Members that interventions are taken at the discretion of the Member who has the Floor and that they should be short and relevant. Members may bob to make a speech if they want to speak at more length.

The Committee will be considering new clauses today. As a reminder, new clauses will be considered in numerical order, as on the amendment paper and on the selection and grouping paper. They may be grouped with other new clauses for the purposes of debate, and where a new clause has been debated previously, it cannot be debated further when it is reached. Members should let me know if they wish to push it to a vote.

The Committee will conclude its consideration of the Bill at 5 pm. I refer Members to the detailed advice circulated to them by the Clerks in advance of the sitting. To recap, however, if the Committee is still considering the Bill at 5 pm, the Chair must interrupt and bring proceedings to a close. After 5 pm, there can be no further debate on any remaining propositions. The Chair will, in accordance with the Standing Order, put the questions on the new clause that was under discussion at 5 pm, on any outstanding Government amendment and on any remaining clause stand part questions before reporting the Bill. I also have discretion to put the question on any non-Government new clauses that have previously been debated. New clauses that have not been debated cannot be considered or voted on. Should any Member wish to request a vote on a previously debated new clause, they should let me know in advance.

[Ellie Chowns (North Herefordshire) (Green)]

On a point of order, Ms Jardine. You said that debate would continue until 5 pm, but I have just been told by the Government Whip, the hon. Member for Wellingborough and Rushden that she intends to stop debate at 1 o’clock.

[The Chair]

I am sorry. There are two separate things. We will stop at 1 pm and adjourning until the afternoon sitting, unless we are finished at that point, in which case good. The latest that debate can continue to, however, is 5 pm.

[Ellie Chowns]

Further to that point of order, Ms Jardine. So if we have not got through all the new clauses in this sitting, we will continue this afternoon.

[The Chair]

Yes, until 5 pm, but if we can get through the new clauses before then it would be helpful.

New Clause 10

New car parks to include solar panels

“(1) No local planning authority may approve an application for the building of an above-ground car park which does not make the required provision of solar panels.

(2) The required provision of solar panels is an amount equivalent to 50% of the surface area of the car park.”—(Olly Glover.)

This new clause would require solar panels to be provided with all new car parks.

Brought up, and read the First time.

--- Later in debate ---

Brought up, and read the First time.

[Ellie Chowns]

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

[The Chair]

With this, it will be convenient to discuss new clause 13—Dismissal of appeal or referral—

“In section 79 of the Town and Country Planning Act 1990 (determination of appeals), after subsection (6A) insert—

‘(6B) The Secretary of State may dismiss an appeal or referral where, having considered the appeal or referral, the Secretary of State is of the opinion that the appeal or referral is—

(a) vexatious, frivolous or without substance or foundation, or

(b) made with the sole intention of—

(i) delaying the development, or

(ii) securing the payment of money, gifts or other inducement by any person.’”

This new clause would enable the Secretary of State to dismiss appeals or referrals in certain circumstances.

[Ellie Chowns]

It is a pleasure to serve under your chairship, Ms Jardine. New clauses 12 and 13 relate to the introduction of a community right of appeal against planning applications that are approved contrary to the local development plan. That includes policy in local and neighbourhood plans.

New clause 12 reflects the wider need to rebuild public trust in a system that is perceived to be dominated by the power of private sector development interests. It has additional importance in the context of the provisions in the Bill to restrict democratic oversight of planning decisions by locally elected members, which would mean that planning officers and not councillors would decide on the final outcomes of major planning applications.

New clause 12 would address the unfairness in our planning system, whereby only applicants have a right to appeal planning decisions. It would create a strictly limited community right of appeal that applies only when decisions are approved contrary to local planning policy; it would balance things up by creating a reciprocal right of appeal, essentially. That reflects the minimal opportunities that are currently available to the public in the taking of development management decisions and the frustration caused when decisions are made that go against local and neighbourhood plans that have been agreed by communities. New clause 13 is an additional safeguard to give the Secretary of State powers to intervene if the community appeal is considered to be vexatious. Taken together, the new clauses are proportionate and limited measures that could begin to rebuild public trust in the planning system.

Creating such a qualified right was an important recommendation of the Raynsford review of planning in 2018, which was produced by the Town and Country Planning Association. I warmly commend the new clauses to the Committee.

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

It is a pleasure to continue our proceedings with you in the Chair, Ms Jardine, and I thank the hon. Lady for speaking to the two new clauses, which were tabled by my hon. Friend the Member for North East Hertfordshire (Chris Hinchliff).

We have a long-established and much-valued right of appeal in the planning system. It recognises that the system acts as a control on how an individual may use their land. That existing right of appeal compensates for the removal of the individual’s right to develop.

The planning system already enables community involvement through the preparation of local development plans and neighbourhood plans, and through consultation on individual planning applications. Given that these opportunities already exist, the Government do not believe that it is either necessary or helpful to introduce a right of appeal for interested parties.

New clause 12 would serve only to discourage early involvement in the planning process or lead to repeated consideration of issues that have already been raised and addressed during the planning application process. In our view, adding a new appeal process to the planning system would create more delay, costs, complexity and unpredictability, undermining confidence in the system and ultimately delaying the delivery of new housing and economic development at a time when we need to get Britain building again, which we have been very clear about. For that reason, we will not be able to accept new clause 12.

I turn to new clause 13. We do not believe that we should extend appeal rights to third parties, which again would serve only to delay the planning process and hinder the development of new housing and economic development. Although I welcome the sentiment behind the new clause—namely, to deter appeals submitted for spurious or non-planning reasons—in our view there are already appropriate measures in place to respond to such appeals through the awards of cost regime. The appeal system in the awards of cost regime helps to stop unmeritorious appeals by making those who submit them pay costs, thereby discouraging vexatious or frivolous cases.

For those reasons, the Government will not be able to accept either new clause.

[Ellie Chowns]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 16

Refusal of planning permission for countryside development close to large electricity pylons

“(1) If an application is made for planning permission or permission in principle relating to large scale housing development in the countryside which—

(a) may lead to affordable housing being built within 100m of the centreline of any high voltage overhead electrical transmission system; or

(b) may lead to any new residential dwelling or new residential garden being within 50m of the centreline of any high voltage overhead electrical transmission system

the local planning authority must refuse the application.

(2) This section applies to any planning permission for large scale housing development in the countryside for which a decision notice has been issued by a local planning authority since 11 May 2022.

(3) If planning permission has been granted for development to which this section applies which contravenes subsection (1), that planning permission shall be revoked.

(4) The revocation of planning permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.

(5) In this section—

‘large scale housing development’ means any development which includes more than 500 houses;

‘countryside’ includes any predominantly agricultural, rural or greenfield land;

‘may lead to’ includes plans for housing shown in any outline or illustrative masterplan;

‘high voltage overhead electrical transmission system’ means any overhead electrical transmission system at or over 275kV.”—(Gideon Amos.)

Brought up, and read the First time.

[Gideon Amos (Taunton and Wellington) (LD)]

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

--- Later in debate ---

[Gideon Amos]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 20

Swift bricks and boxes

“(1) It must be a condition of any grant of planning permission that there must be a minimum of one swift brick or nest box per dwelling or unit greater than 5 metres in height.

(2) Swift bricks integrated into walls are to be installed in preference to external swift nest boxes wherever practicable, following best practice.

(3) A planning authority may grant planning permission with exceptions or modifications to the condition specified in subsection (1) in exceptional circumstances, where possible following best practice.

(4) Where a planning authority grants exceptions or modifications, it must publish the exceptional circumstances in which the exceptions or modifications were granted.

(5) For the purposes of this section—

‘swift brick’ means an integral nest box integrated into the wall of a building suitable for the nesting of the Common Swift;

‘swift nest box’ means an external nest box suitable for the nesting of the Common Swift and

‘best practice guidance’ means the British Standard BS 42021:2022.”—(Ellie Chowns.)

This new clause would make planning permission for buildings greater than 5 metres high conditional on the provision of a minimum number of swift bricks. Swift bricks and boxes provide nesting habitat for small urban birds reliant on cavity nesting habitat in buildings to breed.

Brought up, and read the First time.

[Ellie Chowns]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 22—Building regulations: biodiversity—

“(1) Within six months of the passing of this Act the Secretary of State must bring forward regulations under section 1 of the Building Act 1984 for the purposes of—

(a) protecting and enhancing biodiversity, and

(b) contributing to the achievement of biodiversity targets and interim targets set out under the Environment Act 2021.

(2) Regulations under this section must include provision—

(a) for the appropriate installation and maintenance of measures including—

(i) bird boxes,

(ii) bat boxes,

(iii) swift bricks,

(iv) hedgehog highways,

(v) splash-free pavements, and

(vi) biodiverse roofs and walls,

(b) limiting the use of artificial grass in a garden or in or on land associated with a dwelling or building covered by the regulations.”

This new clause would require the Secretary of State to introduce regulations to require new developments to include design features that will contribute to the protection and enhancement of biodiversity and the achievement of Environment Act targets.

New clause 23—Biodiversity gain in nationally significant infrastructure projects—

“(1) In Schedule 15 of the Environment Act 2021 (biodiversity gain in nationally significant infrastructure projects), in paragraph 5 omit ‘10%’ and insert ‘20% for all terrestrial and intertidal development.’

(2) The Secretary of State must, within 1 year of the passing of this Act, bring into force section 99 of the Environment Act 2021 (biodiversity gain in nationally significant infrastructure projects).”

This amendment increases the biodiversity net gain requirement and includes intertidal development.

New clause 27—Environmental infrastructure in new developments—

“(1) Within six months of to the passing of this Act, the Secretary of State must make regulations under section 1 of the Building Act 1984 for the purpose of protecting and enhancing biodiversity.

(2) Regulations made under this section must—

(a) take account of biodiversity targets and interim targets set out in sections 1(2), 1(3)(c), 11 and 14 of the Environment Act 2021;

(b) include measures to enable the provision in new developments of—

(i) bird boxes;

(ii) bat boxes;

(iii) swift bricks;

(iv) hedgehog highways; and

(v) biodiverse roofs and walls.”

This new clause would require the Secretary of State to introduce regulations to protect and enhance biodiversity in new developments.

[Ellie Chowns]

I rise to speak in defence of the swift. I have tabled a private Member’s Bill to achieve essentially what this proposed new clause would achieve, but what an opportunity we have in this Bill to take a fantastic step that would make a crucial difference to the future of a species that is under threat.

I will start with an extract from a parliamentary speech made in 2023 by Baroness Taylor of Stevenage, of Labour. She said

“We believe that specifically including swift bricks as a measure in the Bill, to be incorporated in planning law, is justified because of the unique nature of these precious birds’ nesting habits… If there is anything we can do to either halt that decline or hopefully turn it around, we should certainly do so. There is definitely a clear and present threat to these species. We hope the Government”—

the Tory Government of the time—

“will accept this relatively a small step, which could make a world of difference to protecting our swift population”.—[Official Report, House of Lords, 6 September 2023; Vol. 832, c. 541.]

Baroness Taylor spoke on behalf of Labour, when it was in Opposition, to support the exact swift brick provisions we now discuss. The need for this measure is now two years more urgent. Labour’s former words present the case perfectly, so I urge the Government to embrace their own sentiments and safeguard the future of these iconic birds.

Cavity nesting birds, as a category, are reliant on cavities in buildings to breed. House martins and swifts are 100% dependent on buildings. That breeding dependence means that not only are swift bricks different in character from other types of supplementary biodiversity measures, but the mechanism to make them operable is already in place. That is a key point: there is a specific British standard that makes this new clause feasible. That is why there is a national campaign solely for swift bricks, and a specific swift brick new clause.

Swift bricks would secure cavity nesting habitat by indirectly mitigating the national-scale loss of nesting habitats in our existing buildings. That loss of nesting habitat is inadvertent, due to renovation, demolition and changes to the character of housing. Without legislative protection of their nesting sites or mitigation of loss, it is not surprising that four cavity nesting birds are redlisted, a term defined by the need for urgent action. If these birds cannot breed here, they have no future here.

Swift bricks are therefore a critical nesting habitat measure. They are not merely supplementary. They require zero maintenance, are fully sustainable and are effective, providing eight species of bird with nesting habitat. The new clause poses no risk of delaying or blocking development since swift bricks, first, are bricks and secondly, can be laid alongside all the other bricks without any additional expertise. Actually, this measure would, uniquely for a nature-protection measure, contribute to development and building. Natural England has urged the Government to embrace this proposal, as has the Department for Environment, Food and Rural Affairs.

Non-compliance of developers in installing bird boxes, as per conditions stated by their local planning authorities, is 75%. Swift bricks are not included in biodiversity net gain or the Environment Act, and the national planning policy framework guidance is not enough for a critical nesting habitat measure. The swift brick campaign is supported by the nature sector, including Wildlife and Countryside Link, and has seen sustained media interest, showing just how much public concern there is to support these birds. We have had a number of public petitions with over 100,000 signatures. The latest one has 80,000—I just checked it this morning.

Without swift bricks, we lose out too, because our new buildings will never accommodate these urban birds, so our connection with them will also be lost. This measure is a giant, tangible legacy for the public. Even if we live in inner cities, or are unable to get to green spaces easily, we can access these birds—but that will not be true in new homes without swift bricks.

Swifts have been dubbed “our icons of summer”. They are on the brink after 50 million years and they just need a brick with a hole in it. The Bill will enable millions of brick walls to be built. In urging the Committee to include this lifeline for our urban birds, I represent the almost half a million people, in total, who have signed swift brick petitions, including the fastest growing Government petition in 2023. Our homes are, quite literally, these birds’ homes. I commend the new clause to the Committee.

--- Later in debate ---

[Gideon Amos]

I am grateful to the Minister for correcting the numbering. When I referred to new clause 26, I meant to refer to new clause 23. I spoke only briefly on that, so I understand why the Minister is not responding to that detail.

[Ellie Chowns]

I welcome the Minister’s warm words regarding the protection of swifts—I am glad to hear them. I do not, however, feel that he has made a strong case against this new clause. If the Government are serious about protecting swifts, why not vote for it? It contains the ability to make exceptions and is an opportunity to drive forward this agenda.

As the Minister has recognised, swifts are still in terrible decline. Although I acknowledge that this measure alone will not in itself magically resolve the full issue, as well as the point made by the hon. Member for Ruislip, Northwood and Pinner that there are also other necessary measures and required species, there is something unique about swifts because they are dependent on these breeding sites.

It is true that they need food, but without breeding sites they are completely stuck, and those sites must be in our buildings. I will be pressing this new clause to a vote, and if the Government vote against it I hope they will come back with an amendment in their own words at Report to achieve exactly the same outcome, if the Minister is genuinely committed to saving and safeguarding the future of these iconic birds.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Gideon Amos]

I have nothing further to add. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 35

Prohibition of development on functional floodplains

“(1) No local planning authority may grant planning permission for any development which is to take place on a functional floodplain.

(2) The Secretary of State must, within three months of the passing of this Act, issue new guidance, or update existing guidance where such guidance exists, relating to development in flood zones and the management of flood risk.”—(Ellie Chowns.)

This new clause would prevent local planning authorities from allowing developments on functional floodplains.

Brought up, and read the First time.

[Ellie Chowns]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 85—Regard to flood risk guidance when considering development on flood plains—

“(1) When preparing a local plan for an area which includes a flood plain or considering an application for development on a flood plain, a local planning authority must have regard to—

(a) the sequential and exception tests;

(b) the most up to date guidance on flood risk produced by the Government.

(2) For the purposes of this section—

‘sequential test’ means steering new development to areas with the lowest risk of flooding, taking all sources of flood risk and climate change into account. Where it is not possible to locate development in low-risk areas, reasonably available sites within medium risk areas should be considered, with sites within high-risk areas only considered where there are no reasonably available sites in low and medium risk areas;

‘exception test’ means that it has been demonstrated that the development would provide wider sustainability benefits to the community that outweigh the flood risk and that the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.”

This new clause would require local planning authorities to have regard to the sequential and exception tests on managing flood risk when considering applications for development on flood plains.

New clause 86—Requirement for installation of flood resilience measures—

“(1) The Secretary of State must, within six months of the passing of this Act, amend relevant Approved Documents to require the installation of flood resilience measures in properties being developed on land which is at risk of flooding.

(2) Flood resilience measures must be specified and installed in accordance with the Construction Industry Research and Information Association’s code of practice for property flood resilience.”

This new clause would require Approved Documents to require the installation, to CIRIA’s code of practice, of property flood resilience measures in properties being developed on land which is at risk of flooding.

--- Later in debate ---

[Ellie Chowns]

These new clauses relate to flood resilience. New clause 85 would ensure that local planning authorities have regard to the sequential and exception tests on managing flood risk when considering applications for development on flood plains. New clause 86 would ensure that there is a requirement for the installation of flood resilience measures.

When we considered the topic of sustainable drainage systems, I spoke about the importance of ensuring that we bear flood resilience in mind. It bears repeating that flooding—already a huge problem in our country—will become even more of a challenge as we continue to wrestle with the effects of climate change. I refer colleagues to the work of the Environmental Audit Committee, on which I sit, which is currently conducting an inquiry into flood resilience. We heard evidence from a number of witnesses earlier this week about the importance of property flood resilience measures, which new clause 86 concerns.

--- Later in debate ---

[Matthew Pennycook]

I will speak to new clauses 85 and 86, for which the hon. Lady has just made the case. The Government are committed to building the homes that the country needs while ensuring that they are safe from flooding. The national planning policy framework contains strong policies on flood risk, which, along with associated guidance, must be considered when local plans are made. They are also an important material consideration when planning applications are being determined.

The framework is clear that inappropriate development in areas of flood risk should be avoided by directing development away from areas at highest risk, including flood plains. That means that new housing and most other forms of development are not appropriate in a functional flood plain. Where the strict tests set out in national policy for flood risk are not met, it is clear that new development should not be allowed. I believe we share the same ambition to protect development from the risk of flooding. To that end, as I am sure the hon. Lady knows, local planning authorities are already required to follow the sequential and exception tests through the NPPF, associated planning guidance and the underpinning legislation that requires them to be taken into account.

New clause 86 seeks to require the installation of flood resilience measures in new build homes in areas at risk of flooding through an amendment to approved documents to the building regulations. I assure hon. Members that I agree with the intent of the new clause. As I said, the Government are committed to building the homes the country needs while ensuring that they are safe from flooding. Building regulations set a minimum standard to protect people’s safety, health and welfare. They are supported by approved documents that provide guidance in common building situations towards meeting outcome-based standards. Specifically, approved document C promotes the use of flood resilient and resistant construction in flood-prone areas, while avoiding placing undue costs on any properties that do not require further flood resilience measures.

Those designing homes can choose to use the Construction Industry Research and Information Association’s code of practice if they so wish, while ensuring that the building is compliant with the building regulations. However, to establish that as a minimum standard for all new dwellings would be, in our view, disproportionate. The revised national planning policy framework, published in December 2024, is clear that development should be directed to areas with the lowest risk of flooding. Where no alternative sites are available, permission should be granted only where it can be demonstrated that it will be safe for the building’s lifetime, taking account of the vulnerability of its users, without increasing flood risk elsewhere. Where possible, it should reduce flood risk overall.

The use of property-level flood protections, as recommended through the proposed Construction Industry Research and Information Association’s code of practice, such as flood doors, flood barriers and automatic air bricks, should only be considered as part of a wider package of measures to ensure that the development would be safe for its lifetime. Where they are used, they must be in compliance with the requirements of the building regulations. In addition, there are well-established means for ensuring that developments are not approved where there is unacceptable flood risk, with the Environment Agency and local authority bodies overseeing the maintenance of existing mitigation methods.

The Environment Agency has also commissioned an independent review of property flood resilience, which is due to report in the autumn, and we would not like to pre-empt its recommendations with any action that might be contradictory. Although I agree with the intent of the new clause, introducing additional building-level requirements through the approved documents to the building regulations is not a proportionate measure in the context of our wider policy framework. On that basis, I hope the hon. Lady might withdraw it.

[Ellie Chowns]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 36

Internal Drainage Boards to be statutory consultees

“In Schedule 4 of the Town and Country Planning (Development Management Procedure) (England) Order 2015, after paragraph (zf) insert—

[Gideon Amos]

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