Planning and Infrastructure Bill (Fourteenth sitting)

Debate between Ellie Chowns and Olly Glover
Olly Glover Portrait Olly Glover
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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Clause, by leave, withdrawn.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 Portrait Ellie Chowns
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I beg to move, That the clause be read a Second time.

Planning and Infrastructure Bill (Twelfth sitting)

Debate between Ellie Chowns and Olly Glover
Ellie Chowns Portrait Ellie Chowns
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Yes—both singing from the same hymn sheet on this. I refer the hon. Member for Broxbourne to the answer that I gave two minutes ago to those comments: I am not saying that just setting a target for social and affordable housing will magic it up, and I am not denying that multiple factors impact on the delivery. In fact, I think the hon. Gentleman might be so gracious as to recognise that, in many of the previous measures—and ones coming up—that I have tabled to the Bill, I have been trying to address some of those issues, for example, in relation to hope value, restrictions on local authorities, and so forth.

I am not saying that the new clause is a magic bullet, and I welcome the fact that many local plans contain targets for affordable and social housing. I certainly do not think that just having the targets will ensure that they are achieved, but if the Government are to be consistent in their own rhetoric, that setting targets is important because it gives people something to aim for, then I very much hope that they will support the setting of targets for affordable homes, and particularly social rented homes, because that is where the crisis is in our housing supply. I look forward to the Minister’s response.

Olly Glover Portrait Olly Glover
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I rise to speak to new clauses 8, 26 and 92, just to introduce briefly what they do. New clause 8 is about coming up with a more sophisticated definition of what “affordable housing” is, taking into account local needs and circumstances, while new clauses 92 and 26 are about quotas, funding and the assessment of the housing needs of an ageing and older population.

I shall keep my remarks on new clause 8 concise, because the hon. Member for North Herefordshire has made many of the points that I would otherwise have made. I agree with her that there seems to be a bit of cognitive dissonance going on when those on the Government Benches express scepticism about the ability of targets for affordable and social housing to deliver progress, yet are adamant that targets for housing overall will do that. Perhaps the Minister will address that point in his remarks.

The key issue in terms of new clauses 26 and 92 is that the current definition of “affordable housing” is not considered affordable by many organisations. That particularly applies to people of an older age on a low income, who are still subject to many aspects of housing costs. It is not just me who thinks that the current definition of “affordable” is nothing of the sort. Shelter agrees, calling it

“unaffordable for those on average incomes”.

Similarly, Crisis and the Joseph Rowntree Foundation have argued for affordability to be linked to local incomes, not market rates, and the Town and Country Planning Association also recommends local flexibility, stating in its housing guides that the 80% rule does not work in areas of high market distortion. Even the Labour-run Greater London Authority operates its own model, with the Mayor, Sadiq Khan, introducing a new category of “genuinely affordable” rent, which includes social rent, London living rent and shared-ownership schemes, as a way of creating a better benchmark.

As mentioned previously in this Bill Committee, house prices in constituencies such as mine still reflect a distorted market in which housing remains inordinately expensive despite enormous housing growth. Residents would certainly benefit from local authorities’ having the power to set what is meant by affordable housing, taking into account local circumstances on issues such as wages.

We also need to be more detailed and thoughtful about how we go about the issue of our ageing population. This is not just about the older old in care homes and similar facilities; it is also about people becoming old. For example, 40% of homeowners and 60% of renters aged 70 will have moved into their homes since the age of 50. Those homes may suit them when they move in, but they may not suit them as they age and will need to be adaptable. That is something that local authorities and all of us need to consider a lot more.

Equally, 50% of renters aged between 45 and 64 have no savings, and many will struggle to afford their rent in retirement. The Pensions Policy Institute estimates that if current trends continue, the cost of housing benefit for older renters will increase by 40%, or an additional £2 billion per annum.

Thinking more carefully about how we provide for an ageing population, as these new clauses propose, would benefit not just those who are affected by the cost of housing, but the public finances, given the ever-increasing housing benefit bill that we will face if we do not take serious action and change our approach. I look forward to the Minister’s comments.

--- Later in debate ---
Ellie Chowns Portrait Ellie Chowns
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In fairness, I did not draft the new clause. I recognise that it says six months, but as the hon. Member for Taunton and Wellington spoke about so eloquently, we had proposals for net zero carbon building standards on the table 10 years ago. This has been in development for 20 years. The sector itself is way ahead of Government on this. A huge amount of work has been done by the Low Energy Transformation Initiative, the Royal Institute of British Architects and all sorts of organisations to develop zero carbon building standards.

Although bringing regulations forward within six months is arguably ambitious, it is not that the work is not available. The missing thing is political will, and political will can be found, as we have seen—we have passed a bill in less than 24 hours in this House within the last few weeks. Where there is political will, things can be done quickly. This is not an unreasonable proposal in this legislation. All the technical work is there; it is political will that is missing to bring forward a zero carbon standard for new homes. I could not more warmly welcome this new clause.

Olly Glover Portrait Olly Glover
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I wish to add some concise thoughts to support the new clause, tabled by my hon. Friend the Member for Taunton and Wellington, which requires new homes to be built to a net zero carbon building standard and include provision for generation of solar power. My comments relate to the current political context in our country, which is—regrettably, in my view—more and more cynicism about net zero and the feeling that climate change mitigation is a negative, a drag on our lives and something that will cost us loads of money.

These proposals on zero carbon homes and solar panels are the exact opposite of all that. They are a good example of how taking action on climate change and striving for net zero brings economic opportunity by stimulating supply chains and the labour force and helping people to reduce their bills, creating more money for them to spend on the wider economy. Of course, it helps our planet as well. We need to be far more radical on policies like these, and there needs to be far less delay. We really need to get on with it, because they benefit people, planet and economy.

--- Later in debate ---
Ellie Chowns Portrait Ellie Chowns
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I rise to speak in support of new clause 7. I have spoken about flooding in the main Chamber at least five times. Constituents have come to see me in my surgeries to tell me that they have been flooded out of their new homes only six months after they were built, because of a lack of appropriate drainage. As climate change brings us greater extremes and severity of weather, we know that frequent flooding will become even more of a problem, so it is imperative that any new building is flood resilient.

I draw the Committee’s attention to my new clauses 85 and 86, which I will move if we have time tomorrow or on Thursday. They are also designed to prevent building on flood plains, and to ensure that flood resilience measures are in place for all new buildings. It is quite extraordinary that 15 years after SuDS were provided for in the Flood and Water Management Act 2010, they have still not been brought in. I add my voice to those of my Lib Dem and Conservative colleagues urging the Government to support the new clause, and to ensure that all new building is genuinely flood resilient and does not contribute to further problems downstream for other areas, housing or infrastructure.

Olly Glover Portrait Olly Glover
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I rise to speak to new clause 89, tabled by my hon. Friend the Member for Henley and Thame (Freddie van Mierlo). It would support what other hon. Members have been seeking with their amendments by requiring developers to review the drainage performance of a development five years after being built and by clarifying that it is very much for the developer to take remedial action when such drainage performance is found to be inadequate.

My hon. Friend tabled the amendment for a range of reasons, not least because the new house building in his constituency, and indeed in mine, has included a number of areas where drainage installation has not been done adequately. There have subsequently been lots of issues with the local authority not being willing to adopt because of that; then there has been all the usual argy-bargy that many of us are familiar with between developer and local authority.

The amendment also speaks to a concern of many residents that the scale of house building and the drainage facilities put in place contribute to local flood risk and flooding incidents. A couple of examples from my constituency: the Anderson Place estate in East Hanney and the Childrey Park estate of East Challow have had both flooding issues and those arguments between local authority and developer. For those reasons, we have tabled new clause 89 to put greater onus on developers to ensure that they are installing drainage to the required standard, and that assessment takes place subsequently within five years.

Planning and Infrastructure Bill (Eleventh sitting)

Debate between Ellie Chowns and Olly Glover
Ellie Chowns Portrait Ellie Chowns
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It is a pleasure to serve under your chairship, Ms Jardine. I rise to speak to amendment 2. Before I do, I would like to welcome the tone in which the Minister has presented the clauses in this part of the Bill. I recognise and understand the intention to clarify the CPO process and enable it to work better, and I particularly welcome our discussions on clause 88—the determination to ensure a fairer distribution between tenants and owners, for example.

Amendment 2 is intended to be fully in that spirit. It recognises the reality of our dysfunctional land and housing markets in the UK, that hope value plays a part in that, and that reforming hope value could unlock significant resources for the delivery of social and affordable housing. I understand that the calculation is that reforming hope value could free up £4.5 billion a year, which could enable us to build a third more social rented homes than had previously been intended. That would be very valuable.

Under the Land Compensation Act 1961, land owners can potentially claim the value of planning permissions that have not even been thought of, let alone applied for. I understand that land with planning permission is on average worth 275 times more than land without—really quite an extraordinary step change in land value. Reforms to address the issue are very much needed.

Under the Levelling-up and Regeneration Act 2023, changes were made; the previous Government recognised that there was a problem. The 2023 Act allows hope value to be removed when a development is deemed to be in pursuit of public benefit, particularly affordable housing, health and education. It is a step in the right direction, but still requires the local authority to apply to the Secretary of State for permission on a case-by-case basis. Amendment 2 would simply clarify the situation and specify that when a local authority is compulsorily purchasing land to provide affordable housing, hope value can be disregarded. It is entirely in the spirit of previous reforms to the legislation. It clarifies the situation, and it avoids the potential for councils to be subject to challenge from developers on a case-by-case basis. It does that by clarifying that when the public benefit is being served—something that the Minister has repeatedly referred to—it is clear that hope value can be disregarded, because the public benefit from providing affordable housing is, in those cases, overriding. I look forward to the Minister’s comments.

Olly Glover Portrait Olly Glover (Didcot and Wantage) (LD)
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It is a pleasure to serve under your chairship once again, Ms Jardine. I rise to speak to amendments 86 and 87 on behalf of my hon. Friend the Member for Twickenham (Munira Wilson). In tackling the issue of hope value, the Planning and Infrastructure Bill misses an opportunity when it comes to playing fields. The amendments seek to include recreational facilities such as playing fields by ensuring that when an acquiring authority uses a compulsory purchase order to acquire land for use as a sports or recreational facility, hope value would not be applied, thus making the cost more affordable.

The amendments would enable hard-pressed local authorities to acquire playing fields for their local communities’ use at playing-field value, instead of at an overinflated hope value, to boost additional grassroots sports provision. Such a change would allow sites such as Udney Park playing fields in Teddington, in my hon. Friend’s constituency—they have lain derelict for more than a decade under private ownership—to be acquired for public use. There is a dire need for additional playing space in the area.

The Liberal Democrats believe that everyone should have access to high-quality sports and recreation facilities in their local community. Indeed, Sport England says that those spaces are key to physical and mental health, and to community links. According to a 2023 College of Policing report, such facilities can help to reduce reoffending, particularly among young people. Up and down the country, too many communities lack the necessary land and space to support young people and families, as well as the wider community, to enjoy sport and improve their physical and mental health. I hope the Minister will consider the amendments in the spirit in which they are intended.

Planning and Infrastructure Bill (Eighth sitting)

Debate between Ellie Chowns and Olly Glover
Ellie Chowns Portrait Ellie Chowns (North Herefordshire) (Green)
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It is a pleasure to serve under your chairship, Mrs Hobhouse. I speak in support of the amendments tabled by my colleague, the hon. Member for Taunton and Wellington, and also in support of amendment 79, on social infrastructure.

Amendment 79 is a probing amendment, emphasising the importance of social infrastructure such as parks, libraries, community hubs and sports facilities. These elements of the public realm are so important for community cohesion and strong communities. There are many communities that are doubly disadvantaged: they are economically disadvantaged and they lack the social infrastructure that is a key catalyst for development, social cohesion and wellbeing locally. We have a real opportunity in the Bill to specify the importance of social infrastructure—the elements of public space that enable people to come together to make connections and strengthen communities, and that act as the springboard for prosperity.

Olly Glover Portrait Olly Glover (Didcot and Wantage) (LD)
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It is a pleasure to serve under your chairship again, Mrs Hobhouse. On your comments about the speed with which you handled things yesterday, that is to your credit as a Chair, rather than the other way around.

I rise to speak to Lib Dem amendments 89 and 123. I associate myself with the remarks of my hon. Friend the Member for Taunton and Wellington and the hon. Member for North Herefordshire. Climate change mitigation and adaption are needed. Mitigation is about preventing climate change and adaptation is about dealing with the effects of climate change that we have not been able to prevent.

Amendment 123 relates to our earlier amendment on infrastructure delivery plans, and is intended to achieve something similar. House building is essential, as the Committee has discussed, to provide the homes that people need, but there are significant problems with our current approach to planning. We have targets for building homes, but we do not have the same targets or focus for all the things that come alongside housing.

My Oxfordshire constituency of Didcot and Wantage has seen population growth of 35% in 20 years, which is why the boundaries of the predecessor constituency of Wantage shrunk considerably ahead of the 2024 general election. The single biggest issue I hear on the doorstep is that our services are struggling to cope. People cannot get doctor’s appointments, their children cannot access vital special educational needs and disabilities services, roads are often at a standstill and residents are not happy with the amount of amenities provided.

We must invest more in local infrastructure, particularly where there has been considerable housing and population growth, and support our local authorities to deliver it. Local authorities often do not have the powers or funding to deliver some of the most important infrastructure, particularly in respect of health, which is administered at a more regional level, and major transport schemes, as I will to illustrate. Nor does anyone within local authorities have the power to hold the bodies responsible to account—at least not fully.

For example, a new housing estate in my constituency has a bare patch of land designated to be a GP surgery. There is money from the developer in the section 106 agreement, to put towards the build, but the body responsible for delivering healthcare is the regional integrated care board, and although the development has been finished for a number of years, the land for the GP surgery still sits undeveloped. Fortunately, the district council is working with the ICB, and the GP surgery now has planning permission. But if the ICB had chosen, it may not have been delivered at all—there are no targets as part of the planning process that say the ICB has to deliver it. I am sure that is not the only case and that the same thing is replicated across the country.

Another example from my constituency is that of a new railway station at Grove to support the enormous population growth we have seen at Wantage and Grove. Local authorities do not have the power to insist that funding is allocated to that station on the Great Western main line, and are dealing with significant problems in accessing facilities in Oxford, as well as access to London and beyond. By not delivering the services that people need, we are undermining public support for housing growth, which is essential, as the Committee has discussed.

Planning and Infrastructure Bill (Second sitting)

Debate between Ellie Chowns and Olly Glover
Olly Glover Portrait Olly Glover
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Accepted.

Matthew Pennycook: In terms of the top-up, we have already allocated £800 million to the affordable homes programme since coming into office. We have also pulled forward £2 billion as a down payment. A significant proportion of the homes coming through those funding routes are social rented homes—almost half, but I am happy to provide the Committee with the specific figure. So we are getting a huge uplift coming through, and the successor grant programme will give particular priority to social rented homes coming through.

Where I think spatial development strategies can add to what we see coming through is that these will not be big local plans—let us be very clear. They need to be pretty high-level documents that make decisions about where housing growth and infrastructure provision is best sited and delivered on a sub-regional basis. That will allow groups of local authorities to take a far more sophisticated approach to, for example, bringing forward large-scale new communities in strategic locations that allow them to meet housing targets in a more sophisticated way. Through other measures that we are introducing—the CPO measures in the Bill are a good example—we will capture more land-value uplift and deliver more social and affordable homes.

Ellie Chowns Portrait Ellie Chowns
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Q To Minister Pennycook, I welcome your confirmation that you recognise that environmental, social and economic goals can be achieved together, and are not automatically or even frequently in contradiction with each other. Likewise, I welcome your confirmation that, as it says in the Bill, the purpose of the Government in bringing forward the Bill is to retain the existing level of environmental protections.

Given that commitment from the Government, given Richard Benwell’s observation that there are risks that could be addressed through amendments and given Marian Spain’s comments—that the Bill needs robust safeguards and that drafting amendments may make it more robust—I return to the question that Mr Murphy asked. Can you confirm that you retain an open mind and that you may consider tabling further Government amendments in response to the concerns raised, so that the Bill does what you are saying it does on the tin?

Matthew Pennycook: I appreciate the question. To reiterate—and this is where I slightly disagree with Mr Benwell and others—we are very clear that the Bill will not have the effect of reducing the level of environmental protections, in terms of existing environmental law. We are very clear about that, and confident in the safeguards that exist in the Bill.

I am happy to look at any amendment, and we will in the normal course of the Bill Committee; we will debate each of them in turn and I will keep an open mind about any that we think is feasible, workable, aligns with the objectives of the Bill and delivers what we want to see—absolutely. We will debate all of those in due course. As you rightly made clear, we tabled a package of Government amendments yesterday.

To bring it back to the specific point, some of those amendments on removing the statutory requirement for pre-applications consultation in relation to national significant infrastructure projects were tabled partly because we were getting feedback through the working paper, and also because there were a number of calls on Second Reading for us to specifically look at that area of reform. As you would expect in the normal course of the Bill, we will respond to challenge, criticism, scrutiny and any amendments, which we will debate in due course.