Planning and Infrastructure Bill Debate
Full Debate: Read Full DebateFlorence Eshalomi
Main Page: Florence Eshalomi (Labour (Co-op) - Vauxhall and Camberwell Green)Department Debates - View all Florence Eshalomi's debates with the Ministry of Housing, Communities and Local Government
(1 day, 11 hours ago)
Commons ChamberJust this week at the Housing, Communities and Local Government Committee, the new Secretary of State outlined that the Government will not be urging national development management policies to be non-statutory. That almost seems at odds with the Government’s direction of travel, which is towards speeding up the national scheme of delegation. Will the Minister explain why the Government are taking the approach of making the guidance non-statutory?
I am afraid that my hon. Friend is conflating two entirely separate issues. We are committed to introducing a new suite of national policies for development management. We will consult on those before the end of the year. The Secretary of State provided a bit more detail at the Select Committee the other day. This particular amendment—Lords amendment 33—refers to the powers in the Bill to bring forward a national scheme of delegation, and I am making it clear that the sufficient consultation already built into the system does not require it to be taken forward via the affirmative procedure. I hope that reassures her.
Lords amendment 37 would exempt assets of community value from the permitted development right for demolition under part 11 of the general permitted development order. I have reflected on this amendment and agree with the intention of further protecting these important assets. We are already strengthening the protection given to them through the English Devolution and Community Empowerment Bill, and we think there are justifiable arguments for removing demolition of ACVs from permitted development rights. However, PDRs are established via secondary legislation, and it would not be appropriate to use this Bill to change particular development rights without consultation. As such, while we cannot support this exact amendment, I am happy to make a commitment today that we will consult on this change to the permitted development right for demolition at the first available opportunity. We hope that with this assurance, and a view to future opportunity for consultation on the matter, the House will reject Lords amendment 37.
Lords amendment 38 would require a spatial development strategy to list chalk streams in the strategy area, outline measures to protect them from environmental harm, and impose responsibility on strategic planning authorities to protect and enhance chalk stream environments. While I appreciate fully the positive intent of the amendment and reiterate the Government’s firm commitment to restoring and improving the nation’s chalk streams, I do not believe that it is a necessary or advisable means of protecting those vital ecosystems.
While strategic planning authorities will be expected to work closely with arm’s length bodies like the Environment Agency, they themselves will not have responsibility for regulatory systems governing water abstraction or pollution in catchment areas. The SDSs that they will be required to produce will be high-level frameworks for housing growth and infrastructure investment; they will not allocate specific sites. Importantly, as locally-led spatial exercises, local nature recovery strategies, drawing on river basin management plans, will be able to map out chalk streams and identify measures to enhance and improve them, and SDSs will already be required to take account of any local nature recovery strategy that relates to the strategy area. SDSs will also obviously be tested by an independent examiner against those requirements.
It remains the Government’s view that the protection and enhancement of chalk streams through the planning system is best achieved through the proper application of national planning policy. As I made clear on Report in the Commons, the measures in the Bill will not weaken existing protections enjoyed by those precious habitats, which are already recognised by decision makers in the planning system as valued landscapes and sites of biodiversity value that should be identified and safeguarded through local plans.
That said, we have been giving this matter careful consideration given the strength of feeling expressed by the Commons on Report, and in the context of ongoing reforms to national planning policy. I am happy to make it clear to the House that I am minded to include explicit recognition of chalk streams in the new suite of national policies for decision making, which I referred to in response to the question from my hon. Friend the Member for Vauxhall and Camberwell Green (Florence Eshalomi)—and, as I said, we intend to consult on those before the end of this year. On the basis of that assurance, I urge hon. Members to reject Lords amendment 38.
Lords amendment 39 seeks to prioritise development on brownfield land, increase urban densities and minimise travel distances. The Government have a brownfield-first approach to development. Through the revisions made to the NPPF on 12 December 2024, we broadened the definition of brownfield land, set a strengthened expectation that applications on brownfield land will be approved, and made it clear that plans should promote an uplift in density in urban areas.
In September last year, the Government published a brownfield passport working paper, inviting views on how we might further prioritise and fast-track building on previously used urban land. Again, we intend to take forward those proposals in the new suite of national policies for decision making that I referred to a moment ago.
I call the Chair of the Housing, Communities and Local Government Committee.
I pay tribute to those in the other place for their work in getting us to this stage. I am conscious of time—it is a Thursday, and many Members want to speak—so I will not go into great depth on the amendments. However, I welcome the changes that the Government have made in the other place, and the work of Ministers to reach a compromise to get the Bill on to the statute book as soon as possible. I particularly welcome the series of pragmatic Government amendments on environmental delivery plans. It is critical to ensure that any system to protect our environment is robust, and the measures outlined by the Government will go some way to quelling some of the fears outlined not just in the other place but by Members across this House on Report. I also welcome reforms to address water supply and encourage the building of badly needed reservoirs, as well as measures to ensure that developers have extra time to commence work when a court grants a judicial review. That sensible and proportional approach will ensure that permissions do not expire through no fault of the developer, and avoid any unnecessary repetition of the whole planning process.
As Chair of the Housing, Communities and Local Government Committee, I wish to touch on two points that relate to the scrutiny we have in this place for planning and infrastructure. The first relates to Lords amendment 1, which is identical to amendment 83, tabled by my hon. Friend the Member for Hackney South and Shoreditch (Dame Meg Hillier) on Report. As the Minister said then, this is
“about ensuring that scrutiny is proportionate to the changes being made,”. —[Official Report, 9 June 2025; Vol. 768, c. 756.]
However, we must be honest and say that even amendments to statements can have a massive impact on our communities up and down the country. Sometimes that impact is even bigger than that of Bills, which are subject to the full weight of parliamentary scrutiny.
I understand the point that the Minister made in Committee, which is that the system has led to unacceptable delays, sometimes for several months. I also know as much as anyone that just because a Committee recommends something to Ministers, it is far from a guarantee that the Government will change their policy. However, it is important that this change is not used to ride through significant changes without Committees having the chance to carry out proper scrutiny into how the measure will impact the lives of people up and down the country. It must also not be used to bypass scrutiny when a statement is amended so much over time as to become a de facto new statement. That is part of the role that we were elected to carry out by this House, and it is something that helps give confidence to the whole House that we have properly considered the statements before us. I heard the Minister indicate earlier that the Government will not accept Lords amendment 1, but I gently ask whether he can assure the House that Committees will still be included in the process of amending statements, and that they will not be sidelined when we engage proactively and in a timely manner with that process.
The introduction of this Bill is long awaited, after years of failing to unblock a broken planning system and to build on the scale that we desperately need. Research from Crisis found that nearly 300,000 families and individuals have ended up without a home of their own, while previous Governments failed to act, and as we know, some children do not even have a room in which to learn to walk or crawl. In reality that will not end overnight; it will end only when we have a system that consistently builds the affordable and social homes that we desperately need.
Chris Vince (Harlow) (Lab/Co-op)
I am not on the Housing, Communities and Local Government Committee, but I can tell from hon. Friend’s passion that she is an excellent Chair. The use of temporary accommodation, which we have discussed before, costs local councils millions of pounds every year. Does she hope that the Bill, and the fast tracking of social and affordable housing that she talks of, will help to tackle that issue and bring down bills for local councils?
My hon. Friend is a proud advocate of highlighting that issue, which we constantly raise with the Minister. This is about ensuring that our councils are part of the building process, and the new social and affordable homes package—the £39 billion—will help to ensure that we build those homes. It is good to see that package. The prospectus was announced last week, and bids will be coming in from February 2026—build, baby, build!