Planning and Infrastructure Bill (Eighth sitting)

Gideon Amos Excerpts

Committee stage
Wednesday 14th May 2025 Public Bill Committees

Division 7

Ayes: 3

Noes: 9

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

I beg to move amendment 88, in clause 47, page 66, line 1, leave out “may” and insert “must”.

This amendment would create a requirement that spatial development strategies specify infrastructure of strategic importance for the purposes set out in subsection (4).

[The Chair]

With this it will be convenient to discuss the following:

Amendment 89, in clause 47, page 66, line 5, leave out first “or” and insert “and”.

This amendment would create a requirement that infrastructure of strategic importance specified in a spatial development strategy have the purposes both of mitigating and adapting to climate change.

Amendment 79, in clause 47, page 66, line 7, after “area” insert

“, including through the provision of social infrastructure.

(4A) For the purposes of this section, ‘social infrastructure’ means the framework of institutions and physical spaces that support shared civic life.”.

Amendment 123, in clause 47, page 66, line 7, at end insert—

“(4A) For the purposes of subsection (4), ‘infrastructure and public services’ must include—

(a) primary and secondary healthcare provision, including mental health provision;

(b) social care provision;

(c) education, skills and training provision;

(d) infrastructure for active travel and public transport;

(e) sufficient road capacity;

(f) access to such commercial amenities, including shops, as the strategic planning authority deems necessary to support residents of the strategy area; and

(g) recreational and leisure facilities;

(h) publicly accessible green spaces.

(4B) A spatial development strategy must include targets for the provision of strategically important infrastructure and public services which are—

(a) considered to be appropriate by the relevant planning authorities and delivery bodies;

(b) periodically amended to account for changes in population size or dynamic within the strategy area;

(c) annually reported against with regard to the strategic planning authority’s performance.”.

This amendment would clarify the meaning of strategically important infrastructure and public services, require targets for such provision to be set, and for performance against such targets to be annually reported.

[Gideon Amos]

It is a pleasure to serve with you in the Chair, Mrs Hobhouse. I rise to speak to amendments 88 and 89, which together relate to spatial development strategies and their content. The important point is that spatial development strategies should provide properly for climate change mitigation and adaptation. Currently, the Bill says that they “may” provide for those matters. From the Liberal Democrats’ point of view, spatial development strategies must provide for tackling climate change.

Amendment 89 seeks to change the Bill’s current wording so that instead of saying that spatial development strategies may consider mitigation “or” adaptation, it says that they must consider mitigation “and” adaptation. It seems perverse that it should be one or the other. That may not be the intention, and no doubt the Minister will have a lengthy explanation as to why the Bill is drafted as it is, but our position is that climate change must be tackled in spatial development strategies. It is not an either/or in terms of adaptation and mitigation: it needs to be both.

[Ellie Chowns (North Herefordshire) (Green)]

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 (Didcot and Wantage) (LD)]

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.

[Gideon Amos]

Does my hon. Friend agree that the Minister’s supportive comments about the delivery of infrastructure, how it will unlock housing and how it needs to come forward to do so mean that he must be lending his support to the reopening of Wellington station in my constituency, which would unlock several thousand new homes? It was ready and construction was starting when it hit the review in July, when the Chancellor had said that such stations would go ahead.

[Olly Glover]

My hon. Friend makes the case persuasively for a new station at Wellington. I note that it is not responsibility of the Minister’s Department, but I hope he is aware that railway and station re-openings in recent years have seen vastly more use than even the most optimistic forecasts and models predicted.

Without delivering the services that people need, we are undermining public support for the housing that we all know we need. The issue of housing targets not being supported by accompanying targets for—and commensurate investment in and focus on—infrastructure, amenities and public services needs to be rectified. That is essential for happy and well-functioning communities, and for ensuring that there continues to be public support and consent for more housing.

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

Let me take each of the amendments in turn, beginning with amendment 88. I fully agree that it is essential to consider and identify infrastructure needs when planning for new development, including through spatial development strategies. I do not agree, however, that amendment 88 is needed to achieve that outcome, as the Government intend to set a strong expectation in national policy that key strategic infrastructure needs should be addressed in spatial development strategies. Furthermore, the Bill grants powers to the Secretary of State to intervene where she considers that spatial development strategies are inconsistent with national policies, as we discussed in relation to previous amendments.

On amendment 89, although I appreciate the desire of the hon. Member for Taunton and Wellington for clarity on the matter, I do not agree that any changes are needed to clarify the provision. Proposed new section 12D(4)(b) already enables spatial development strategies to describe infrastructure for both mitigating and adapting to climate change. It does not need to be one or the other.

[Gideon Amos]

I appreciate that the Minister is hoping that spatial development strategies will make provision for that, but does he accept that the wording in the Bill is that they will provide for either mitigation or adaptation? That is the wording on the face of the Bill, is it not?

[Matthew Pennycook]

No, I think the hon. Gentleman is mistaken. As I have said, proposed new section 12D(4)(b), as drafted, enables spatial development strategies to describe infrastructure for both mitigation and adaptation. The Government are very clear that we need to have concern for both. As I have said, it does not need to be one or the other. I am more than happy to provide the hon. Gentleman with further detail—in writing, if he wishes—as to the operation of that subsection.

On amendment 79, I recognise that the provision of social infrastructure is also an important consideration. Proposed new section 12D(4)(c) already allows spatial development strategies to describe infrastructure for the purposes of promoting or improving the social wellbeing of the area. I therefore do not consider that additional provision is needed in order to enable SDSs to describe social infrastructure.

On amendment 123, I agree that, as we have discussed in relation to previous clauses, as the hon. Member for Didcot and Wantage noted, sufficient provision of health and education facilities, and other forms of essential infrastructure listed in the amendment, is critical in supporting and facilitating new development, and in ensuring that the needs of existing communities are met. I hope that I gave the hon. Gentleman, in relation to a previous clause, some reassurance about the Government’s intent in this policy area. I also recognise that in some cases, for a variety of issues, it can be related to whether sufficient developer contributions have been secured and so on, but in many cases there is an issue of co-ordination with bodies like ICBs. I think the Government could potentially do more in this area.

I note the plea from the hon. Member for Taunton and Wellington for his local railway station, which I will ensure is passed on to the relevant Minister in the Department for Transport but, in terms of amendment 123, I do not agree that it is necessary to enable spatial development strategies to contribute to such an outcome. Proposed new section 12D(4), as drafted, already gives strategic planning authorities the scope to specify in their strategies a wide range of infrastructure types, including those listed in the amendment.

On the issue of specifying infrastructure targets, I do not think it is appropriate for spatial development strategies themselves to set infrastructure targets. Again, that is because SDSs will not allocate specific sites, and therefore they are not likely to give sufficient certainty about the precise level of infrastructure needed at that stage. That is a role for subsequent local plans, which will need to consider infrastructure needs at a more granular level when sites are allocated and, as I have said before, need to be in general conformity with other plans. Spatial development strategies will, however, be able to specify the key infrastructure needs for the development that they identify.

For the reasons that I have outlined, and because we do not want to fetter the production and development of spatial development strategies—it is for the areas that bring them forward to have a measure of discretion about their infrastructure and housing tenure needs—we do not think the amendments are necessary, and I request that hon. Members withdraw them.

[Gideon Amos]

I am grateful for the Minister’s response, but I remain concerned. The Bill states:

“A spatial development strategy may specify or describe infrastructure the provision of which the strategic planning authority considers to be of strategic importance”.

Particularly if the Government will not accept the amendment discussed by my hon. Friend the Member for Didcot and Wantage, on the provision of infrastructure, surely spatial development strategies must specify or describe that sort of infrastructure.

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[Matthew Pennycook]

On that I point, as I have said, the Bill sets out that SDSs

“must be designed to secure that the use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change.”

We could spend many hours debating the implications of “and”, “or”, “may” or “must”—I have spent many an hour in Bill Committees doing that, when we were trying to string out the Bill for various reasons. I am happy to write to the hon. Member for Taunton and Wellington and reflect on the point he makes about the wording and whether further clarity would help.

[Gideon Amos]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 123, in clause 47, page 66, line 7, at end insert—

“(4A) For the purposes of subsection (4), ‘infrastructure and public services’ must include—

(a) primary and secondary healthcare provision, including mental health provision;

(b) social care provision;

(c) education, skills and training provision;

(d) infrastructure for active travel and public transport;

(e) sufficient road capacity;

(f) access to such commercial amenities, including shops, as the strategic planning authority deems necessary to support residents of the strategy area; and

(g) recreational and leisure facilities;

(h) publicly accessible green spaces.

(4B) A spatial development strategy must include targets for the provision of strategically important infrastructure and public services which are—

(a) considered to be appropriate by the relevant planning authorities and delivery bodies;

(b) periodically amended to account for changes in population size or dynamic within the strategy area;

(c) annually reported against with regard to the strategic planning authority’s performance.”—(Olly Glover.)

This amendment would clarify the meaning of strategically important infrastructure and public services, require targets for such provision to be set, and for performance against such targets to be annually reported.

Question put, That the amendment be made.

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[Luke Murphy (Basingstoke) (Lab)]

It is a pleasure to serve under your chairship Mrs Hobhouse. I do not agree that this is the right place to make such an amendment to the Bill, but I agree with the hon. Member for North Herefordshire about chalk streams and I want to put on my record my appreciation for those rare and irreplaceable habitats.

In Basingstoke and Hampshire, we are blessed with the River Loddon and the River Test. During the election campaign, I enjoyed—or was subject to, depending on your point of view—a sermon from Feargal Sharkey about chalk streams, and I learned much. As the hon. Lady says, they are very rare and irreplaceable, and they mean a lot to many people.

Although I do not believe this is the place to put this amendment into legislation, I would be grateful if the Minister can set out the Government’s position on how to protect these rare and special habitats. I also pay tribute to the Hampshire and Isle of Wight Wildlife Trust, Natural Basingstoke and Greener Basingstoke for their outstanding work and campaigning to protect these much-loved rare habitats.

[Gideon Amos]

I rise to support amendment 1 and speak to amendment 30, which my hon. Friend the Member for Didcot and Wantage will talk about, and amendment 28, in my name, which relates to local wildlife sites.

Amendment 28 would require spatial development strategies to take account of local wildlife sites and include policies that would avoid development on them. Local wildlife sites are some of the country’s most valuable and important spaces for nature. They are selected locally using robust scientific criteria. Those critical sites for biodiversity create wildlife corridors that join up other nationally and internationally designated sites, improving ecological coherence and connectivity. It is a misconception to think that all the best sites for nature conservation are designated sites of special scientific interest—that is not true. SSSIs cover only a representative sample of particular habitats, which means that only a certain number of sites are covered by the national selection. Local wildlife sites, in contrast, operate by a more comprehensive approach, and all sites that meet the criteria are selected. Consequently, some local wildlife sites are of equal biodiversity value to SSSIs.

Where there is little SSSI coverage, local wildlife sites are often the principal wildlife resource for the area, as well as an important place for communities to access nature on their doorstep. In my constituency of Taunton and Wellington, there are 213 local wildlife sites covering almost 23.5 sq km, compared with 16 sq km of land designated as sites of special scientific interest.

In the interest of time, I will cut short my remarks, but it is important to say that the current protection for local wildlife sites in the national planning policy framework is not strong enough, and 2% of sites have been lost or damaged in recent years. My amendment would improve the recognition of local wildlife sites and provide clarity to allow plan makers and decision makers to make the appropriate provision to protect and enhance local wildlife sites within spatial development strategies.

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[Ellie Chowns]

I beg to move amendment 93, in clause 47, page 66, line 18, at end insert—

“(6A) Where a spatial development strategy includes a Smoke Control Area or an Air Quality Management Area, the strategy must—

(a) identify measures to reduce air pollution resulting from the development and use of land in that area, and

(b) outline the responsibilities of strategic planning authorities in relation to the management of air quality.”

This amendment would require spatial development strategies which cover Smoke Control Areas or Air Quality Management Areas to consider air pollution and air quality.

This amendment would require that, where a spatial development strategy includes a smoke control area or an air quality management area, the strategy must identify specific measures to reduce air pollution from the development and use of land, and must outline the responsibilities of strategic planning authorities in managing air quality.

Currently, over 10 million people in the UK live in smoke control areas: zones where restrictions are placed on burning certain fuels or using specific appliances to reduce particular emissions. Likewise, more than 400 air quality management areas have been declared by local authorities under the Environment Act 1995 in locations where air pollution exceeds national air quality objectives. These are places where we are really not doing well enough on air pollution. Despite the formal recognition of these zones, they are often not meaningfully integrated into spatial development strategies, so this legislation gives us an opportunity to ensure that new housing, transport and infrastructure projects, when approved, must fully account for their cumulative impacts on already poor air quality.

Construction and land development are direct contributors to air pollution through increased traffic volume, emissions from building activity and the removal of green space that helps to filter pollutants. In many cases, strategic planning authorities are not required to take those factors into account when drafting or approving development strategies. The amendment would close that gap by ensuring that air quality is treated not as a secondary consideration, but a fundamental part of sustainable planning. Perhaps I should declare an interest as an asthmatic, like huge numbers of people in the UK.

The amendment also strengthens the accountability of strategic planning authorities, by requiring them not just to assess air quality impacts, but to work out what they are going to do—to define their roles—in addressing them. That would help to prevent the recurring issue where the responsibility for mitigating air pollution falls between Departments or different levels of government, central and local. It would ensure that development strategies are consistent with the UK’s broader legal commitments to air quality, including the targets that we set under the Environment Act 2021 and the national air quality strategy.

From a public health perspective, the case for the amendment is clear. Air pollution is linked to an estimated 43,000 premature deaths annually in the UK. That is a huge number and contributes to a range of serious health conditions, particularly among children, older adults and those living in deprived areas. The economic cost of air pollution, including its impact on the NHS, is estimated at a whopping £20 billion a year. Embedding air quality considerations directly into spatial planning is a proactive and cost-effective way to address the crisis before further harm is done to human health.

I believe that the amendment provides a clear, proportionate mechanism for ensuring that planning strategies support our clean air objectives. I strongly urge the Minister to consider warmly the amendment.

[Gideon Amos]

I very much sympathise with the amendment. Indeed, I have air quality management areas in my constituency of Taunton and Wellington, including two that breach the lawful limits of air pollution. We desperately need the bypass for Thornfalcon and Henlade, which would solve that particular issue.

In brief, I feel that the approach in amendment 93 is not quite right, because it would be better directed at local plans. As I understand it, spatial development strategies are not site-specific or area-specific in their proposals. We do not feel that the amendment is quite the right approach, but we are very sympathetic to the hon. Member for North Herefordshire’s motivation for tabling it.

[Matthew Pennycook]

Once again, I understand the positive intent of the hon. Member for North Herefordshire’s amendment. Of course, improving air quality is a highly important issue in many parts of the country, not least in my own south-east London constituency. It is part of the reason why, many moons ago now, I established the all-party parliamentary group on air pollution. It is a public health issue and a social justice issue, and the Government are committed to improving air quality across the country. Amendment 93, however, is another example of trying to ask SDSs to do things that they are not designed for, and replicating existing duties and requirements that bear down on authorities in an SDS.

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[Paul Holmes]

Yes. We had a significant debate yesterday on what I said was the Government’s centralising zeal in taking powers away from locally elected politicians. Many Opposition Members agree with me. The Opposition tabled an amendment that would not have allowed to go ahead something as large-scale being put together by a strategic planning authority, created by the Government, but the Minister won. We believe people should be consulted.

As I said to the hon. Member for North Warwickshire and Bedworth, it is vital that when there is a democratic deficit—we fundamentally believe that one is being created by other aspects of the Bill—local people should have the right to be consulted on the end product. That is why I say this to the Minister, slightly cheekily, but with a serious undertone. As I said in a Westminster Hall debate, he is the forward-looking planner of our time, and I know he gets embarrassed about these things—he is blushing—but nobody in the House of Commons is more deserving of the role of Housing Minister. He worked hard on the role in opposition, and he comes from a space of wanting to reform the system. We accept that, but sometimes his reforms have consequences, and if those reforms are so good, he should not be afraid to allow the people who elected him to his place and the Government to their place to have their say on something as radical as this change.

[Gideon Amos]

I rise to speak to amendments 90 and 91—hon. Members will be pleased to hear that I will be brief. We have significant concerns about community involvement in consultation and about many of the points that have just been made. I have more to say on all that for the next group, in which we have tabled an amendment to make those points.

Amendments 90 and 91 would simply ensure that disabled people are consulted in the preparation of spatial development strategies. The Equality Act 2010 includes a public sector equality duty: a duty on public authorities to advance equality and eliminate discrimination. That implies that disabled people should be consulted on spatial development strategies in any case. The Housing, Communities and Local Government Committee’s report on disabled people in the housing sector said:

“Despite the cross-government effort to ‘ensure disability inclusion is a priority’…we have found little evidence that the Department for Levelling Up, Housing and Communities is treating disabled people’s needs as a priority in housing policy.”

We need to make sure that the voices of disabled people are heard in the preparation of spatial development strategies.

[Ellie Chowns]

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

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[Gideon Amos]

I beg to move amendment 120, in clause 47, page 70, leave out line 40 and insert—

“(5) A strategic planning authority must prepare and consult on a statement of community involvement which provides for persons affected by the strategy to have a right to be heard at an examination.”

I want to discuss participation in and consultation on spatial development strategies. I appreciate that this will be a long day as we are going on until 7 pm, but this is a really important part of the Bill, and the level of public involvement that is allowed in spatial development strategies is really important. It is vital that the Bill gets that right.

The amendment provides that strategic authorities would have to prepare a statement of community involvement, which would set out the people who had a right to be heard on a spatial development strategy. That approach recognises that spatial development strategies are different from local plans. This debate was had, probably in this room, during debates on the Planning and Compulsory Purchase Act 2004. The Labour Government did not intend to include any right to be heard in local development plans, but they changed their mind and accepted the wisdom of the arguments that were put forward. A right to be heard on local development plans was enshrined in that Act.

I recognise that spatial development strategies are different, that a right to be heard is more challenging in a strategic context, and that the London plan does not have a right to be heard. However, the provisions on spatial development strategies in this Bill do not even go as far as those in the Greater London Authority Act 1999, which set out the London spatial development strategy. That Act has a duty to take account of consultation, and there is no such duty in this Bill.

I have some sympathy for the amendment that the shadow Minister proposed—the points made were valid—but we did not feel the drafting was quite right. Picking out particular businesses and interest groups was not how we would do it. We propose that strategic authorities should develop their own statement of community involvement. After all, that is what local councils are expected to do on their local plans, so why should a mayoral authority not be required to do that on a much more overarching, much more strategic and much more powerful document that would follow as a result?

In another respect, the Bill provides for even less consultation than there is on nationally significant infrastructure projects in the Planning Act 2008. In that Act, there is a statutory duty to take account of consultation—I believe it is in section 50, if memory serves me correctly. In this Bill, there is no duty to take account of consultation. There is a difference between considering notifying parties and consulting them and being required to take their views into account.

[Matthew Pennycook]

This is an important point, and perhaps some of the confusion arises from the stages of the process. Let me draw his attention to proposed new section 12K(2) of the Planning and Compulsory Purchase Act 2004. That makes it very clear:

“The strategic planning authority must…consider any representations received in accordance with regulations under section 12H(7)”—

which we have just discussed—

“and decide whether to make any modifications as a result”.

A strategic planning authority cannot, as I think the shadow Minister asserted, bin all the representations that it receives in a cupboard—I think that was how the hon. Member for North Herefordshire phrased it. It does have to have regard to them. I just address that point, in terms of the examination, about what is required to come via submission to the Secretary of State before adoption.

[Gideon Amos]

I am grateful to the Minister for correcting me on that point. He is absolutely right that there is a provision stating that consultation responses must be taken into account, but there is no duty to consult and no requirement, and it is the same for community involvement. In fact, the Bill explicitly states that there will not be a right to be heard in the examination in public.

We should be clear that what is called a public examination of the strategy does not mean that the public are allowed to take part. They are allowed to watch and listen to it—that is what it means—but they are not allowed to take part. A clause specifically states that there should not be a right to be heard, so those affected—members of the public, landowners, businesses and so on—will not have a right to take part in that examination. There is effectively no right to take part in any of the process.

   We propose a modest approach that is less onerous than what is required of local planning authorities: a statement of community involvement, in which mayoral authorities would establish for themselves what categories of persons have the right to be heard in examinations of their plans. I believe that is a sensible measure that would provide a different level of involvement, which is appropriate given that a strategic authority obviously covers many more people and it would be difficult to provide a right to be heard to every member of the public. A provision to allow mayoral authorities to set out their own consultation and involvement standards seems eminently sensible to us, and that is why we have tabled the amendment.

[Matthew Pennycook]

I thank the hon. Gentleman for clearly setting out his intent. Again, I preface my remarks by saying that, given the strength of feeling that has been expressed this afternoon, I will certainly reflect. As a point of principle—I will repeat this clearly, so that it is on the record—the Government of course want local communities to be actively involved in the production of a spatial development strategy for their area. All persons have the right to make representations on a draft SDS. However, we do not think it is necessary to be overly prescriptive about how strategic planning authorities should go about seeking the views of their communities, or to require them to demonstrate how they are doing so.

As the hon. Gentleman may be aware, following the implementation of changes made in the Levelling-up and Regeneration Act 2023, local planning authorities will no longer be required to produce a statement of community involvement setting out how they are engaging with their community. I do not think it would be appropriate to place a similar requirement on strategic planning authorities.

Similarly, I do not think it is necessary to give people the right to be heard at examination. It is true that, unlike for local plans, there is no formal right for persons to appear and be heard at the examination of a spatial development strategy. As I have said several times, it is the Government’s intention that spatial development strategies should act as high-level documents that set the context for subsequent local plans that must be in general conformance with them. Notably, unlike local plans, spatial development strategies do not allocate specific sites for development. Therefore, it is more appropriate for people to have the right to appear at local plan examinations and for examinations of spatial development strategies to be kept proportionate to their specific role.

I say that having heard very clearly the hon. Gentleman accept and understand the difference between what the Government are trying to achieve via SDSs vis-à-vis local development plans, for example. Experience shows that planning inspectors go to lengths to ensure that a broad range of relevant interests and views are heard at examinations of the London plan, which, while not identical in legislative underpinning, is the most comparable SDS that is out there. For reference, as the hon. Gentleman probably knows given his background and experience, the most recent spatial development strategy examination—that of the London plan in 2019—took place over 12 weeks and the list of participants ran to 27 pages.

For those reasons, we do not think the amendment is necessary, and I kindly ask the hon. Gentleman to withdraw it.

[Gideon Amos]

We wish to press the amendment to a vote, because we believe in the right to be heard and, in general, we are highly concerned about the potential erosion of the democratic planning system by the Bill.

Question put, That the amendment be made.

Division 16

Ayes: 3

Noes: 9

[Gideon Amos]

I beg to move amendment 124, in clause 47, page 74, line 10, leave out “from time to time” and insert “annually”.

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

Government amendment 48.

Schedule 3.

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[Gideon Amos]

The Committee will be delighted to hear that I will be extremely brief on this topic. Simply put, there is no provision for how often a spatial development strategy should be reviewed, and our amendment proposes that it be done annually. It may be that annually is not be the appropriate timeframe, but there should be regular reviews. That is the spirit of the amendment, although I will not seek a vote, to enable the Committee to make progress.

[Matthew Pennycook]

I will start by responding to amendment 124 moved by the hon Member for Taunton and Wellington. I will then speak to clause 47 stand part, Government amendment 48 and schedule 3.

In reference to amendment 124, it is true that, unlike local plans, which must be reviewed at least every five years, there is no set timescale in which spatial development strategies must be reviewed or replaced. Spatial development strategies are intended to be long-term strategies that provide greater certainty for investment and development decisions. The areas producing them will vary greatly in their size, the scale of development that they require and the changes over time which they must respond to. This light-touch review requirement gives strategic planning authorities greater discretion to review their strategy as and when they feel it necessary to do so.

By way of comparison, the London plan, which has the same review requirement, has been fully replaced twice, and another version is now under way; it has also undergone several interim reviews and updates. I hope that strategic planning authorities will exhibit similar diligence in maintaining their SDSs. In the event that a strategic planning authority fails to adequately keep its strategy under review, the Secretary of State will have the power under the Bill to direct the authority to review all or part of its strategy. For those reasons we do not think that this amendment is required.

The Government firmly believe that housing and infrastructure needs cannot be met without planning for growth on a larger than local scale, and that new mechanisms for cross-boundary strategic planning are essential. A nationally consistent system will underpin the Government’s ambition to deliver 1.5 million new homes during this Parliament, help to deliver better infrastructure, and boost economic growth. For those reasons I hope that the hon. Member will understand what we are trying to achieve with this clause and withdraw the amendment.

Government amendment 48 makes consequential changes to regulation 111 of the Conservation of Habitats and Species Regulations 2017 to add spatial development strategies drawn up under the Bill to the definition of “land use plan”, and update the definition of “plan-making authority” and the references to

“giving effect to a land use plan”

to reflect the introduction of the new spatial development strategies. The amendment will bring the new spatial strategies into line with the spatial development strategy for London, along with local and neighbourhood plans. It ensures that strategic planning authorities will also be bound to carry out habitats regulations assessments. A habitats regulations assessment will identify any aspects of the spatial development strategy that may have an adverse effect on special areas of conservation, special protection areas and Ramsar sites. That will ensure that the impacts of development on protected habitat sites are appropriately considered.

Finally, on clause 47 stand part, as we have discussed at some length, the clause reintroduces a system of strategic plan making across England. The recent period has been something of an aberration, as throughout most of the past 50 years, England has had a strategic tier of plan-making. We have had structure plans at county level, regional planning guidance from central Government and regional spatial strategies prepared at regional level. The past 14 years, without any formal planning since the abolition of regional spatial strategies, have been anomalous, and this Government’s firmly held view is that that has led to suboptimal outcomes. Over the last 40 years, development levels have consistently failed to meet the country’s needs, resulting in a housing crisis and significant affordability gaps across the country. Additionally, the number of local plans being adopted or updated has continued to decline, with only about 30% of plans adopted in the last five years.

As is generally accepted by hon. Members, the planning system is in dire need of reform. A system of strategic plans is central to our efforts to get Britain building again. The duty to co-operate introduced by the Localism Act 2011 was intended to replace strategic planning, but it has failed. Instead, it created a bureaucratic system and significant uncertainty, led to numerous local plan failures, and ultimately failed to deliver the kind of joined-up thinking and co-operation across local authority boundaries that was intended. Indeed, the failure of the duty was such that the previous Government legislated for its repeal in the Levelling Up and Regeneration Act 2023. I can assure the Committee that this Government will honour the previous Government’s intentions and commence the relevant provisions of the 2023 Act to repeal the duty. Our goal is to establish a system of strategic planning that garners support from all sides of the House, and so create a stable and consistent framework for planning the growth that this country so desperately needs.

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Briefly, schedule 3 contains amendments consequential on new part 1A of the Planning and Compulsory Purchase Act 2004 inserted by the clause. That includes amending the 2004 Act, the Town and Country Planning Act 1990 and the Levelling Up and Regeneration Act 2023. That will ensure that legislation is operable and effective, achieving the Government’s intended objectives. For those reasons I commend clause 47 and schedule 3 to the Committee.

[Gideon Amos]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 47 ordered to stand part of the Bill.

Schedule 3

Section 47: minor and consequential amendments

Amendment made: 48, in schedule 3, page 146, line 4, at end insert—

“Habitats Regulations

11A  (1) Regulation 111 of the Habitats Regulations (interpretation of Chapter 8) is amended as follows.

(2) In paragraph (1), in the definition of ‘land use plan’—

(a) in paragraph (a), for ‘(the spatial development strategy)’ substitute ‘(the spatial development strategy for London)’;

(b) after paragraph (a) insert—

‘(aa) a spatial development strategy as provided for in Part 1A of the 2004 Planning Act;

(ab) a spatial development strategy of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, not being a spatial development strategy within paragraph (aa);

(ac) a spatial development strategy of a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023, not being a spatial development strategy within paragraph (aa);’.

(3) In paragraph (1), in the definition of ‘plan-making authority’—

(a) in paragraph (a), after ‘replacement’ insert ‘of the spatial development strategy for London’;

(b) after paragraph (a) insert—

‘(aa) a strategic planning authority (within the meaning given in section 12A of the 2004 Planning Act);

(ab) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 when exercising powers in relation to a spatial development strategy specified in paragraph (ab) of the definition of “land use plan”;

(ac) a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023 when exercising powers in relation to a spatial development strategy specified in paragraph (ac) of the definition of “land use plan;”’;

(c) in paragraph (c), before sub-paragraph (ii) insert—

‘(ia) section 12P or 12Q of the 2004 Planning Act (Secretary of State’s powers in relation to spatial development strategy);’.

(4) In paragraph (2)—

(a) in sub-paragraph (c), after ‘strategy’, in both places, insert ‘for London’;

(b) after sub-paragraph (c) insert—

‘(ca) the adoption or approval of a spatial development strategy or of an alteration of such a strategy under Part 1A of the 2004 Planning Act;

(cb) the adoption or alteration of a spatial development strategy specified in paragraph (ab) of the definition of “land use plan”;

(cc) the adoption or alteration of a spatial development strategy specified in paragraph (ac) of the definition of “land use plan”;’.”—(Matthew Pennycook.)

This amendment revises the Habitats Regulations 2017 so that the new kind of spatial development strategy (see clause 47 of the Bill) counts as a “land use plan”. The effect is that an assessment under those Regulations will be required in certain cases before the strategy is adopted.

Schedule 3, as amended, agreed to.

Clause 48

Overview of EDPs

[Gideon Amos]

I beg to move amendment 12, in clause 48, page 83, line 2, after “to” insert “significantly”.

This amendment would require that conservation measures undertaken within Environmental Delivery Plans (EDP) should significantly protect environmental features.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 77, in clause 48, page 83, line 8, at end insert—

“(1A) An environmental delivery plan may be prepared by a local planning authority, or incorporated into a local plan or supplementary planning document.

(1B) Where an environmental delivery plan is prepared by a local planning authority, references in sections 48 to 60 to Natural England should be read as referring to the relevant local planning authority.”

Clause stand part.

Clause 49 stand part.

[Gideon Amos]

I am sure we can hardly contain our excitement about moving on to another clause. Amendment 12 would require that conservation measures undertaken within environmental development plans should “significantly” protect environmental features.

Clause 48 is definitional, introducing the concept of environmental delivery plans and setting out briefly what they should contain. Amendment 12 would strengthen the second of the four main functions of an EDP in subsection (1)(b), which describes the purpose of any conservation measures, including an EDP, as merely to protect the environmental features in question. “To protect” is not adequate or strong enough. The amendment would have the relevant text read, “significantly protect” the features, which would provide stronger protection.

We heard oral evidence from various environmental groups at the beginning of our consideration of the Bill. They rang alarm bells about the level of protection that EDPs would offer and said that it would not be strong enough. This is a specific change to the test of what those environmental measures should deliver, and it would go some way to address the environmental concerns that have been raised.

[Paul Holmes]

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

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

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

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

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

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

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

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[Matthew Pennycook]

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

[Gideon Amos]

We are concerned about this issue. Our set of amendments in these areas is small; they are in the spirit of the Bill and of what the Government want to do with environmental delivery plans. They are designed to provide the strengthening that environmental groups are calling for clearly and strongly. We will not push the Committee to a vote, but we remain concerned and we will return to similar points, which are also in the spirit of the Bill, on later amendments. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 77, in clause 48, page 83, line 8, at end insert—

“(1A) An environmental delivery plan may be prepared by a local planning authority, or incorporated into a local plan or supplementary planning document.

(1B) Where an environmental delivery plan is prepared by a local planning authority, references in sections 48 to 60 to Natural England should be read as referring to the relevant local planning authority.”—(Paul Holmes.)

Question put, That the amendment be made.

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[Luke Murphy]

I rise to speak to clause 50. The Government and the Minister deserve complete praise for their attempt to thread the needle of building more homes while protecting and restoring nature. We must recognise that the system we inherited was failing on both counts. The innovative approach outlined in this part of the Bill, including in clause 50, is to be applauded.

I have one question for the Minister. In evidence to the Committee, there was a difference of opinion between Natural England and Wildlife and Countryside Link about whether the mitigation hierarchy would still apply under the Bill. As the Minister is aware, the Office for Environmental Protection has also expressed concerns about the undermining of the mitigation hierarchy. Here we have a disagreement between Natural England and the OEP on the loss of the mitigation hierarchy, and whether developers can indeed get away without avoiding harm.

I have also seen written evidence from Arbtech, the leading ecological consultancy in the UK and a major employer in the constituency of my right hon. Friend the Member for Alyn and Deeside (Mark Tami). In its representations on the issue, it also expressed concerns on behalf of developers about the complexities that could be created for them. I ask the Minister, how can we clear up the discrepancy? It is absolutely clear that the Government want to avoid harm for habitats that cannot be easily replaced, and that the Government want to restore and protect nature and achieve our housing goals. How can we give the OEP and others the confidence that the Government’s intentions will be made a legal reality?

[Gideon Amos]

I rise to speak in support of amendment 13, which would require that the conservation measures undertaken within environmental delivery plans should significantly protect environmental features. It is one of a number of similar amendments that I will not speak to at length. Together, they would strengthen the thrust and strength of environmental delivery plans.

I say gently to the Government that if none of these strengthening opportunities is taken, we will end up with a Bill that provides environmental delivery plans that do not have the confidence of environmental bodies in this country or those who represent our environment. I hope that the Minister will consider that as we debate these amendments, which may seem to concern minor matters of wording but could really strengthen the structure of EDPs.

We look forward to hearing what the Government have to say about amendment 18, which was tabled by the hon. Member for North Herefordshire. We are concerned about irreplaceable habitats, and we look for some reassurance on that topic before considering how we respond to that amendment.

[Matthew Pennycook]

Before I start, let me make a point that I think has been well conveyed, but that I will make again for the sake of clarity: I hope that Opposition Members who have dealt with me in the past know this, but when I say that I am reflecting and listening, I am. I will take all the comments about these clauses away. As I said in respect of the opinions that have been shared with us by the Office for Environmental Protection, we are already thinking about how we might respond to allay some of those concerns.

Environmental delivery plans will ensure that the environmental impact of development is addressed through the delivery of effective, strategic conservation measures. The conservation measures will not only address the impact of development, but go further to provide a positive contribution to overall environmental improvement, delivering the win-win that we have spoken about.

Clause 50 is central to establishing the new approach that I have outlined. It introduces requirements for the environmental delivery plan to identify and set out information on three of the key concepts that it deals with. The first is the environmental features that are likely to be negatively affected: either a specific protected feature of a protected site, or a protected species. Those protections stem from the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981 or the Protection of Badgers Act 1992. I will come back to that point, which is relevant to the amendment tabled by the hon. Member for North Herefordshire.

The second concept is the relevant environmental impact of development, and the third is the conservation measures that will be put in place to address the negative impacts and contribute to an overall improvement in the environmental feature. For example, where an environmental feature is a type of plant that is a notified feature of a protected watercourse, and the environmental impact is nutrient pollution from housing development, the conservation measures will address the nutrient pollution from the housing development but will go further to improve the conservation status of that type of plant in that watercourse.

In designing conservation measures, Natural England will consider the lifespan of the development and the period over which conservation measures need to be secured and managed. EDPs will be able to include back-up conservation measures that could be deployed, if needed, to secure the desired environmental outcomes. That is not only important for nature, but part of ensuring that the Secretary of State can be confident that EDPs will deliver conservation measures that outweigh the impact of development. This shift from the status quo towards active restoration is a key feature of the nature restoration fund.

A draft environmental delivery plan will also contain information on the expected cost of conservation measures to ensure that conservation measures are adequately funded. The cost of the measures will be relevant to making sure that the levy is set at a reasonable level for development, while allowing us to be confident that the conservation measures will be delivered.

As well as setting out further detail as to what an environmental delivery plan will contain, clause 50—with clarification from Government amendment 96—establishes the ability of Natural England to request that a planning condition be imposed on development as a conservation measure. Those pro forma conditions will allow avoidance and reduction measures to be secured up front, alongside wider conservation measures. It could be, for example, that as part of an environmental delivery plan dealing with the impact of water scarcity, a planning condition requires development to achieve a certain standard of water efficiency.

Although it has always been the case that those conservation measures would be maintained, Government amendment 95 introduces a requirement that an environmental delivery plan sets out how they are to be maintained and over what period, such as through conservation covenants or land agreements. I commend the clause and the Government amendments to the Committee.

I turn to the amendments tabled and spoken to by Opposition Members. As the hon. Member for North Herefordshire set out, amendment 18 seeks to prevent irreplaceable habitats, or habitats linked to irreplaceable habitats, from being included in environmental delivery plans. I should first set out clearly that the provisions in the Bill will not reduce protections for irreplaceable habitats.

Existing protections for irreplaceable habitats under the national planning policy framework will continue to apply. Those protections provide that where development results in the loss or deterioration of irreplaceable habitats, development should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists. That policy is set out in the NPPF and applies to those particular habitats.

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[Matthew Pennycook]

I say it once again for the record: I have understood the hon. Lady’s point. I will reflect on it, in the spirit of this Committee as a whole. I have sought to take points away when they are well made, and to give them further consideration.

[Gideon Amos]

The Minister is being characteristically generous with his time; I wish we had more. There are genuine concerns about the timetabling of the measures. I invite him to confirm that the Government are considering how to tackle the issue of ensuring that measures are taken in a timely fashion. That appears to be what he is saying, and I am encouraging him.

[Matthew Pennycook]

I hope that the hon. Gentleman will forgive me, but I am not going to provide the Committee with a running commentary on the Government’s internal deliberations in response to the OEP’s letter. I will not do that today. I totally understand why hon. Members are trying to draw me on the point, but I am not going to do that. I have set out the Government’s position, and I have made it very clear that we will reflect on the letter and on the points made today.

Question put and agreed to.

Clause 51 accordingly ordered to stand part of the Bill.

Clause 52

Other requirements for an EDP

Amendment proposed: 3, in clause 52, page 86, line 12, at end insert—

“(10) An EDP must include a schedule setting out the timetable for the implementation of each conservation measure and for the reporting of results.

(11) A schedule included under subsection (10) must ensure that, where the development to which the EDP applies is in Natural England’s opinion likely to cause significant environmental damage, the corresponding conservation measures result in an improvement in the conservation status of the identified features prior to the damage being caused.

(12) In preparing a schedule under subsection (10) Natural England must have regard to the principle that enhancements should be delivered in advance of harm.”—(Ellie Chowns.)

This amendment would require Environmental Delivery Plans to set out a timetable for, and thereafter report on, conservation measures, and require improvement of the conservation status of specified features before development takes place in areas where Natural England considers development could cause significant environmental damage.

Question put, That the amendment be made.