Planning and Infrastructure Bill (Thirteenth sitting)

Gideon Amos Excerpts

Thursday 22nd May 2025 Public Bill Committees

[Ellie Chowns]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 16

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

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

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

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

the local planning authority must refuse the application.

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

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

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

(5) In this section—

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

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

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

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

Brought up, and read the First time.

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

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

[The Chair]

With this, it will be convenient to discuss the following: new clause 29—Inclusion of wildbelt in planning considerations—

“(1) The Secretary of State must, within six months of the passing of this Act—

(a) create a category of protection for wildbelt areas in England for the purpose of permanently protecting such areas from or during development, and

(b) issue guidance for local planning authorities and other relevant parties on how wildbelt land is to be protected.

(2) For the purposes of subsection (1), ‘permanently protecting’ areas means protecting or restoring the natural environment in a wildbelt area, and in ecosystems functionally connected to a wildbelt area.

(3) Guidance issued under subsection (1)(b) must—

(a) provide assistance to local planning authorities and others on the identification of wildbelt sites;

(b) impose responsibilities on strategic planning authorities in relation to the development of spatial development strategies regarding—

(i) the use of Local Nature Recovery Strategies to protect and enhance wildbelt;

(ii) the reporting of progress towards the development of wildbelt sites; and

(iii) the reporting of progress towards the use of wildbelt designation to increase public access to nature.

(4) For the purposes of this section, ‘wildbelt’ has such meaning as the Secretary of State may specify in guidance, but must include—

(a) areas of land;

(b) bodies of water and adjacent land;

(c) wetlands.”

This new clause would enable the creation of new wildbelt areas and associated ecosystems, and require guidance to be issued regarding the use of provisions of the bill to protect wildbelt areas.

New clause 47—Prohibition of solar development on higher-quality agricultural land—

“No permission may be granted for the building or installation of provision for solar power generation where the development would involve—

(a) the building on or development of agricultural land at grade 1, 2, or 3a, and

(b) building or installation at ground-level.”

This new clause would prohibit the development of solar power generation on higher quality agricultural land.

New clause 74—Conditions for installation of solar panels on productive land—

“Where an application for permission proposes the installation of solar panels on land used or suitable for agricultural production, it must be a condition of any grant of consent that such panels are installed at a minimum height of one metre from the ground.”

[Gideon Amos]

I rise to speak to new clause 29, which would enable the creation of new wild belt areas and associated ecosystems, and require guidance to be issued regarding them. In January, the Office for Environmental Protection reported that the Government are off track for meeting the nature recovery target set out in the Environment Act 2024 and the related commitment to protect 30% of land and sea for nature by 2030—the 30 by 30 target, which was really important.

Getting nature recovery back on track will require the restoration of hundreds of thousands of natural habitats. A new claim designation will be needed to achieve that upgrading and uprating of habitat protection land. For example, sites where habitats are in recovery are not yet at the point where they could qualify for existing protections, such as sites of special scientific interest. Put simply, there is no mechanism to safeguard the next generation of nature sites. We desperately need these new sites for nature to emerge if we are going to achieve the doubling of nature that the Liberal Democrats had in our manifesto. That includes the doubling of protected areas and/or meeting the 30 by 30 target.

The new clause would require the Secretary of State to create the new wild belt designation within six months of the passing of the Act, and to limit development in those areas. It would also require the Secretary of State to issue guidance on implementing the new wild belt sites. The new wild belt would be protection for the next generation of nature sites, and would ensure that early habitat restoration is not upended by a change in land use or by new development proposals.

As well as turbocharging efforts to meet nature recovery targets, the increase in habitat recovery provided by wild belts could also help with the climate, by protecting land and reducing carbon emissions. Finally, wild belt sites could create a new space that people can use to connect with nature. The guidance required by the new clause would require local authorities to increase public access to nature through wild belt designations and to report on progress towards this objective. Increased access to nature is associated with improved health outcomes and life satisfaction, as well.

New wild belt sites could be assets for local communities. Community use of wild belts can include space for outdoor education, shared wildlife-friendly gardening spaces, and new river walks to help people of all ages enjoy the benefits of access to nature. Similarly, wild belt designation would not cause undue problems for development or landowners. Many landowners would welcome the designation as a way of securing the protection and nature management of their land, which could be aligned with schemes such as environmental land management schemes. The Government could give extra weighting to ELMS applications where landowners are applying for wild belt areas.

In summary, the wild belt clause would significantly increase the contribution the Bill makes to achieving nature recovery targets, while also helping net zero efforts and ensuring that new homes are progressed alongside flourishing wild spaces that local communities can enjoy. Wild belt would be a win-win for nature, climate and people, and we urge the Committee to support it.

[Lewis Cocking (Broxbourne) (Con)]

It is a pleasure to continue with you in the Chair, Ms Jardine. I rise to speak to new clause 16, which is in the name of my hon. Friend the Member for South Leicestershire (Alberto Costa). The new clause goes some of the way to address what I spoke about on Second Reading, about how we must create communities. When we are designing new large-scale housing in the countryside, community and design must be at the forefront.

I want the Government to look at what more they can do, because we do not want affordable homes to be put next to large electricity transmission systems. In the interests of time, I would be grateful if the Minister would agree to write to me on this issue, setting out the Government’s position and explaining what they are doing, when we have large-scale development in the countryside, to stop the social housing element of the development being placed in these locations.

[Matthew Pennycook]

I will respond briefly to new clauses 16 and 29, but I am more than happy to expand on what I say in writing to the hon. Gentleman and to the hon. Member for South Leicestershire. New clause 16 relates to the refusal of planning permission for large-scale housing developments where they are close to large electricity pylons in the countryside.

The new clause seeks to require local planning authorities to refuse applications for planning permission, or permission in principle, for large-scale residential development in the countryside that falls within specific distances of overhead electricity lines. It would also require any planning permission granted since 11 May 2022—a specific date—to be revoked where the development meets the criteria set out in the new clause.

There is nothing in current planning legislation that prohibits development near to overhead electricity lines. However, there are mechanisms within the existing system that ensure decision makers are aware of and—to the extent that they are material—take into account potential safety or other issues of siting development near overhead lines. When developing sites that are close to overhead lines, in practical terms, developers are more likely to position less sensitive elements of their development under these, such as roads rather than homes, which can further minimise any impact.

In the Government’s view, including a clause within legislation that requires the refusal of certain large-scale residential developments together with the revocation of existing permissions would be a major departure from the current approach in planning legislation. It would have a significant impact and would therefore need to be supported by strong justification. That is particularly the case given that other types of safety risk, such as residential development near oil pipes, are deal with adequately under the current framework.

I would also highlight that in the case where an existing planning permission is revoked, which happens very rarely at present, it can be subject to compensation payable to the developer in particular circumstances. That could be significant in the context of large-scale housing development. National Grid has published guidance relevant for development near overhead lines, which ensures that decision makers are aware of safety and amenity issues that may arise from development within close proximity of electricity pylons and overhead lines, citing statutory safety clearances. It also encourages early and proactive engagement with National Grid on plans and individual schemes, which are brought forward within proximity of its infrastructure. That is precisely so that matters can be considered and addressed at the outset.

Given the mechanisms already in place to address impacts on development near high-voltage lines, the new clause would place unnecessary restrictions on the decision-making powers of local planning authorities. For those reasons, we cannot accept it, but, as I said, I am more than happy to set out some further detail to hopefully reassure the hon. Members for Broxbourne and for South Leicestershire.

I turn to new clause 29, as tabled by and spoken to by the hon. Member for Taunton and Wellington. The Government are committed to ensuring that our goal of building 1.5 million homes does not come at the expense of nature. We have had several debates where the Government have reinforced our position in that respect. We are taking steps towards achieving our commitment of protecting 30% of our land for nature by 2030.

I again highlight, as I have in previous debates, local nature recovery strategies, which were introduced under the Environment Act 2021 and are being rolled out across England. They are vehicles to agree priorities for nature’s recovery, to map the most valuable existing areas for nature and to identify proposals for creating or improving habitats for nature and wider environmental goals. They will provide a basis for local decision makers to take informed decisions about where to protect and restore areas that are of importance for nature recovery. They will be able to identify the best opportunities to create or improve habitats, while enabling the development that is needed in their area.

It is important that local areas have flexibility in how they do that. We are not convinced that we need a new category of designated area in law to achieve that end. Development plans at both the local and strategic level will be required to take account of local nature recovery strategies under provisions in the Levelling-up and Regeneration Act 2023 and this Bill when brought into force, and will be able to identify area for environmental improvement.

The Government published guidance setting out the role of local nature recovery strategies in the planning system in February this year. We are considering how the creation of a national set of policies for decision making can further support the goal of protecting and restoring land, which will become of importance to nature’s recovery, using those strategies. I hope that in the light of that information, the hon. Member for Taunton and Wellington might consider withdrawing his new clause.

[Gideon Amos]

I am grateful to the Minister for that response. We believe that wild belts could be a significant new designation and would add something of real value to help to restore the species that I discussed—those that are in recovery and need their habitats to be developed and further protected, such that they reach protected status. When we reach that point, we will be pressing new clause 29 to a vote.

[Lewis Cocking]

I am happy with the Government’s considered approach to new clause 16, and I am happy that the Minister will write to me and my hon. Friend the Member for South Leicestershire.

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[Gideon Amos]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 20

Swift bricks and boxes

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

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

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

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

(5) For the purposes of this section—

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

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

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

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

Brought up, and read the First time.

[Ellie Chowns]

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

--- Later in debate ---

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

It is once again a pleasure to serve with you in the Chair, Ms Jardine.

We broadly support the aim of this new clause. I know my colleague the noble Lord Goldsmith proposed a similar amendment in the House of Lords, which Baroness Taylor and the Secretary of State at DEFRA have indicated they are supportive of. However, there are some flaws in the new clause. It is clear that rather than just habitats for swifts, there are creatures—insects in particular—that would also benefit from similar arrangements within the building industry. Creatures such as starlings, which are something of an iconic British bird and also nest in buildings, would require an alternative design provision.

I am not inclined to seek a vote, but it would be helpful to hear from the Minister that there will be consideration given to ensuring that new buildings—both homes and, where possible, commercial buildings—incorporate features designed to support the nesting of birds and other creatures that may use those habitats in a way that is sympathetic to the use of the building.

[Gideon Amos]

I rise to speak to new clause 26, which would increase biodiversity net gain to 20% for nationally significant infrastructure projects, and new clause 27 on swift bricks. The Committee will be relieved to know that I will not repeat all the points that have been made on this. It is worth saying that the swift bricks proposal has widespread public support and would be a very small and limited change to introduce to building practices. Swifts fly thousands of miles from the Congo basin and back across the Sahara desert twice. When they get here, quite often they find that their nesting places have gone, have been sealed up or are not available. This new clause would make a significant contribution to providing better habitats for swifts and other bird species. We are in support of this new clause.

[Matthew Pennycook]

I take from that that the hon. Member for Taunton and Wellington is not seeking a debate on new clause 27. Is that right?

[Gideon Amos]

I did refer to new clauses 26 and 27.

[Matthew Pennycook]

Sorry—and 23 as well? I could also address that, if we come on to debate it, but let me first respond to new clauses 20 and 27 relating to swift bricks.

I am well aware of the serious population decline of swifts in the UK. There are numerous reasons behind that decline. It is not just the loss of nesting sites; there are other factors, such as the decline of insect food, but nesting sites are a certainly a contributory factor and the Government recognise that. The objective of increasing the coverage of swift bricks is one that we absolutely share.

However, there are different ways of advancing that aim and this is where a fruitful debate can take place. We are not convinced that legislating to mandate the use of specific wildlife features is the right approach, whether that is done through building regulations or a freestanding legal requirement. If the hon. Member for North Herefordshire wants a good summary of my own views, which I have been very clear on over many years, she can find it in a 10 July 2023 Westminster Hall debate we had on the subject, where I expressed similar reservations about the approach that the new clause dictates. Measures such as swift bricks and hedgehog highways are beneficial in many cases, but they will not be feasible or effective for every single development across the country.

The way that new clause 20 tries to provide for exceptions demonstrates that, so there is obviously an awareness of the issue, but it also shows the complexity which arises from a blanket approach. I have real concerns that it would be difficult to operate in practice and risks more legal challenges seeking to block development, rather than securing better uptake of the right features in the right places.

Progress is already being made in expanding the use of wildlife features in homes across the country. The Future Homes Hub, representing 29 home builders who have a large share of the market, operates a voluntary commitment to install a bird nesting brick or box for every new home built. There are factories across the country producing large numbers of swift bricks, so they—and similarly hedgehog highways—are being rolled out as a standard on every new development. That action is welcome, but we absolutely accept that more can be done.

That is why our revisions to the national planning policy framework, published last December, make clear that developments should incorporate features that support priority or threatened species such as swifts, bats and hedgehogs. That is supported by both the national model design code and Natural England’s green infrastructure framework, which set out how developers can do this.

[Gideon Amos]

It is good to hear the support for this measure. It is a very standard practice that could be expanded. Would the Minister be willing to meet with the hon. Members who support this new clause, including the hon. Member for Brent West (Barry Gardiner), myself and others, to discuss how the use of swift bricks and related features could be encouraged further across the development industry?

[Matthew Pennycook]

I am always happy to have conversations with hon. Members about the Government’s thinking in this area and other areas, although a particular spin on recent conversations I have had with hon. Members found its way into The Guardian, which is a warning to Ministers. We are trying, as a Government, to feel our way to the most appropriate way to boost the coverage of swift bricks. As I have said, that is an objective that we absolutely share.

In that regard in particular, I point once again to the fact that we are committed to producing a set of national policies for decision making to set out policy requirements in a variety of areas in a more explicit manner. As part of that, we will assess how existing policy is operating, and whether there are any changes to wording in that area that would be beneficial to that objective. Although I fully support the aim of securing both an increase in swift brick coverage and more nature-friendly features in new developments more generally, I cannot support these new clauses, for the reasons I have given. I hope the hon. Member for North Herefordshire will be content to withdraw them. Given that the hon. Member for Taunton and Wellington has not spoken to new clause 23, which relates to biodiversity net gain, I will—

[Gideon Amos]

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

[Ellie Chowns]

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

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

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

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

--- Later in debate ---

Brought up, and read the First time.

[Gideon Amos]

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

New clause 21 would introduce a mechanism compensating small businesses and organisations that incur operational losses due to significant roadworks. This is an important measure for us. I am disappointed that it appears that the Government may be foreclosing a whole half day of debate of this Bill Committee. None the less, I will proceed as rapidly as I can. It will be very disappointing if that does indeed occur, Ms Jardine, but they are the powers that be.

The purpose of this measure is to ensure a fairer distribution of impact when infrastructure projects take place. At present, the law is such that the Land Compensation Act 1973 covers only property damage and loss of land value. There is a clear legislative gap when it comes to consequential non-property-based losses.

Small businesses in Wellington, in my own constituency, are experiencing this at first hand. This summer’s unavoidable closure of the M5’s junction 26 and link road to Wellington, for reconstruction, has huge implications for the local economy. Several small businesses on the Foxmoor business park in particular, which depend on daily access to the M5 corridor, will see that closed off for up to three months. A scaffolding company showed me its estimates; it expects to lose around £14,000 over that three-month period. This is not speculative; those are real impacts.

A whole series of other companies will be affected: Adler & Allan, Moss Joinery, Apple Campers, Weston Recovery Services and TLC Garage Services and Recovery. Many of those have emergency services contracts with the police, the RAC and the AA. They are required by the police to be on-site, on the motorway, in 30 minutes. They will lose that business because they will no longer be able to get on to the motorway, because the motorway junction they are situated on will be closed. They are eligible for no compensation at all, despite those significant losses.

That situation is mirrored in the constituency of my hon. Friend the Member for Guildford (Zöe Franklin), in whose name the new clause was tabled, where redevelopment of the M25’s junction 10 has already run beyond its original deadline. By the time it is complete, it will have taken four years, causing serious disruption to both large and small organisations. RHS Wisley is projected to lose £11 million, and Ockham Bites, a small local café, is losing £600 per day. Those are real impacts on small businesses, which are the backbone of our economy, and they need support when they are experiencing massive losses due to roadworks.

We believe that infrastructure investment must balance public benefit with the private burden that they often incur. This is a targeted measure that would introduce pragmatic, proportionate reform, and means to support businesses that are being hardest hit during the delivery of major projects.

[Matthew Pennycook]

I note and appreciate the case that the hon. Gentleman has just made, but successive Governments have taken the view that businesses should not have the right in law to any particular given level of passing trade, and that traders, or other organisations, must take the risk of loss due to temporary disruption of traffic flows along with all of the other various risks of running a business or organisation. The same businesses or organisations may also profit from new developments once works have been completed.

If planning permission is needed, affected organisations can express concerns as part of that process if they are worried about how works will affect them. Temporary traffic regulation orders are needed for some road closures, and affected organisations can also express concerns as part of that process to the relevant local planning authority.

--- Later in debate ---

[Gideon Amos]

I have nothing further to add, but we will press the new clause to a vote.

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

--- Later in debate ---

[Olly Glover]

I thank the Minister for his comments, and I welcome his overview of the Government’s endeavours in tackling the issue of local planning authority capacity. I also note the comments from the hon. Member for Ruislip, Northwood and Pinner. I understand his point, but nevertheless, there are still considerable challenges in this area that need to be tackled. Notwithstanding that, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 32

Register of planning applications from political donors

“(1) A local planning authority must maintain and publish a register of planning applications in its area where—

(a) a determination has been made by the Secretary of State responsible for housing and planning, and

(b) the applicant has made a donation to the Secretary of State responsible for housing and planning within the period of ten years prior to the application being made.

(2) A register maintained under this section must be published at least once each year.”—(Gideon Amos.)

This new clause would require a local planning authority to keep and publish a register of applications decided by the Secretary of State where that Secretary of State has received a donation from the applicant.

Brought up, and read the First time.

[Gideon Amos]

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

New clause 32 would require local planning authorities to keep and publish a register of applications decided by the Secretary of State where the Secretary of State had received a donation from the applicant. We are fortunate to live in a country where the planning system is, generally, free of corruption. The United Kingdom is ranked by the Corruption Perceptions Index as among the least corrupt countries in the world. It is in the top 20 alongside Japan and other countries, but perceptions, as in that perceptions index, matter. It is important that justice is not only done, but seen to be done.

We believe there is a need for better control of situations where donations have been made to Ministers, and those Ministers have themselves then made decisions. I will not name any individual, but there has been a well-known scheme involving the Isle of Dogs in which that occurred. I do not allege any corruption in that instance, but, as I say, it is important that justice is not only done but seen to be done. The new clause would be an important contribution to ensuring that our planning system remains as free of undue influence as possible.

[Matthew Pennycook]

I thank the hon. Gentleman for moving new clause 32. In short, we think it is unnecessary, but I take on board his points and I share his concerns about the particular case that he raised.

Local planning register authorities are already required to maintain and publish a register of every application for planning permission that relates to their area. The register must include details on application decisions, including where the Secretary of State has made the decision either via a called-in application or a recovered appeal. That is set out in article 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. Secretary of State decisions on planning casework are also published on gov.uk in order to provide additional transparency. That includes the decision letters that set out the reasons for the decision in question.

When determining applications for planning permission, the Secretary of State operates—obviously—within the ministerial code and planning propriety guidance. The planning propriety guidance makes it clear that decisions on planning proposals should be made with an open mind, based on the facts before them at that time. Any conflicts of interest between the decision-making role of Ministers and their other interests should be avoided.

To that end, planning Ministers are required to declare their interests as part of their responsibilities under the ministerial code. The ministerial code makes specific provision for the declaration of gifts given to Ministers in their ministerial capacity, and gifts given to Ministers in their capacity as constituency MPs or members of a political party fall within the rules relating to the Registers of Members’ and Lords’ Financial Interests. In addition, before any planning Minister takes decisions, the planning propriety guidance reiterates that they are required to declare anything that could give rise to a conflict of interest, or—this is equally important—the appearance of a conflict of interest.

The planning casework unit within my Department uses that information to ensure that planning Ministers do not deal with decisions that could give rise to an appearance of impropriety. For example, if the Minister in question has declared that the applicant of the proposal is a political donor, they would be recused from making the decision. We therefore feel that there is sufficient transparency on planning casework decisions made by the Secretary of State, and the Ministers, including myself, who act on her behalf, and it is not necessary to impose an additional administrative burden on local planning authorities.

I hope that, with those assurances, the hon. Member for Taunton and Wellington will withdraw his amendment.

[Gideon Amos]

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

Clause, by leave, withdrawn.

New Clause 35

Prohibition of development on functional floodplains

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

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

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

Brought up, and read the First time.

[Ellie Chowns]

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

--- Later in debate ---

[Ellie Chowns]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 36

Internal Drainage Boards to be statutory consultees

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

[Gideon Amos]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 62—Water companies to be statutory consultees for planning applications —

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

[Gideon Amos]

This group of new clauses relates to statutory consultees. We are concerned that the Government are reducing the number of statutory consultees. We do not believe that reducing consultation with expert bodies is the right approach. Some of the new clauses in this group relate to introducing certain organisations as statutory consultees into the system. Our new clause 62 would require water companies to be consulted. At present they are not consulted, but they are also obliged to provide connections. They are unable to state whether there is capacity to provide water supply for new development.

New clause 63 in the name of my hon. Friend the Member for Wells and Mendip Hills (Tessa Munt) would introduce the Association of British Insurers into the statutory consultation list, which would mean that insurance companies would be able to indicate whether they would be able to insure properties, particularly those vulnerable to flood risk. At present they have no role in the planning process to do that.

New clause 64 in the name of my hon. Friend the Member for Chichester (Jess Brown-Fuller) refers to national landscape partnerships being involved. Areas of outstanding natural beauty are now called national landscapes. The partnerships that oversee them are incredibly important and do not have any statutory voice in the planning system at present.

New clause 87 in the name of my hon. Friend the Member for Harrogate and Knaresborough (Tom Gordon) would require fire authorities to be consulted, and new clause 90, in the name of my hon. Friend the Member for St Albans (Daisy Cooper), would require historic parks and gardens to be consulted. New clause 97 is also included in this group. We believe Parliament should be required to agree when statutory consultees are removed from the list.

With regard to national landscape partnerships, in my constituency the Blackdown Hills national landscape partnership covers a wide number of local authorities that are unable to provide a single voice in the planning system. The partnership covers probably tens of different parishes and certainly three council areas. It has asked us to put forward the case for it to have a single voice, a seat at the table. If our national landscapes are of importance, they should have a seat at the table in the planning process.

Similarly, my hon. Friend the Member for Chichester points out that national landscapes such as Chichester harbour are just asking for a seat at the table in the same way that other organisations do. Chichester harbour national landscape currently responds to 300 planning applications a year, so there would be no increase in resource or funding required to become a statutory consultee. The pressures on Chichester harbour, with the loss of 58% of its salt marsh in 80 years—two and a half hectares a year—mean that it is under considerable stress and needs its voice to be heard in the planning process.

[Matthew Pennycook]

I will respond to this large group of new clauses by taking seven of them together and then responding separately to new clause 97.

New clauses 36, 62 to 64, 87, 90 and 100 seek to introduce internal drainage boards, water companies, the Association of British Insurers, landscape partnerships, fire authorities, the Gardens Trust and emergency services as statutory consultees in the planning application process. As the hon. Member for Taunton and Wellington will be aware, on 26 January my right hon. Friend the Chancellor of the Exchequer announced a moratorium on any new statutory consultees in the planning application process and a review of existing arrangements for statutory consultees to ensure that they align with the Government’s ambitions for growth.

I set out the Government’s concern in this area in more detail in the written ministerial statement that I made on 10 March. It responds to concerns—I think this is an important point to get on the record—not only from developers about the operation of the statutory consultee system at present, but from local planning authorities. In that written ministerial statement, I outlined a package of measures to reform statutory consultees in the planning system, so that they meet their goal of supporting high-quality development through the swift provision of expert relevant advice to inform decision making.

The Government have committed to reviewing the system of statutory consultees and will soon be consulting on proposals. At that point, I will expect and welcome a more extensive dialogue with the hon. Gentleman and others about the changes that we might have in mind. Decisions about the long-term operation of the system will be taken as part of the review, with any changes to statutory consultees being taken forward through changes to secondary legislation at a later date.

The new clauses are broadly framed and would result in the various bodies being consulted on a wide range of applications, including for small-scale housing and householder development. That could result, in our view, in many tens of thousands of applications requiring to be consulted on, which would be likely to have severe resourcing implications for the bodies in question—we have spoken about the resource pressures and challenges placed on local planning authorities, and hon. Members might like to have that in mind when drafting amendments that would increase pressure on them—and slow down the planning process. That would be especially acute in relation to application consultations for any building or property requiring insurance or any building that needs connecting to the water mains, and for fire and emergency services.

The Environment Agency and lead local flood authorities are statutory consultees in relation to flood risk issues. Internal drainage boards are not statutory consultees, but they do work proactively with local authorities, which are represented on their management boards, and they can comment on proposals within the statutory public consultation period. Where an internal drainage board raises issues that are material to the determination of the application in question, local authorities must take those into account in reaching a decision.

I should note that the Gardens Trust is currently a statutory consultee for development likely to affect any registered battlefields, gardens or parks. We have committed to consulting on the impact of removing its statutory consultee status, as part of the review. Any decision will obviously be taken in the light of the evidence provided through the consultation.

This Government take fire safety extremely seriously, but we do not feel that making fire authorities statutory consultees for planning applications involving battery energy storage solutions is necessary or proportionate. BESS grid-scale batteries are regulated by the Health and Safety Executive within a robust framework that mandates battery designers, installers and operators to uphold high safety standards. Developers of BESS sites are already expected, under guidance from the National Fire Chiefs Council, to engage with the local fire and rescue services prior to the submission of their planning application.

The Government are considering further measures to enhance the regulation of environmental and safety risks from BESS. DEFRA intends to consult by June 2025 on incorporating BESS in the environmental permitting regulations. That will provide further oversight to safeguard both people and the environment.

We must also consider at what stage in the planning process engagement is most effective. For instance, where particular emergency service concerns exist, such as in relation to high-growth areas, new settlements or developments with complex infrastructure needs, we believe that these are more appropriately addressed through local plan policies and strategic infrastructure planning. It is important to note that local planning authorities have the discretion to consult emergency services where that is relevant to a specific application.

Lastly on this large grouping of new clauses, I note that many organisations can meaningfully contribute to planning decisions through their responses within the statutory public consultation period. That includes charities that promote particular interests, as well as bodies performing public functions. However, the role of statutory consultee creates an obligation not just on the part of the planning authority to consult, but on the part of the consultee to respond within statutory timelines.

I set out in my written ministerial statement the ways in which the system, in various respects, is not performing in the way we believe is most conducive to the outcomes we seek. The burden is substantial, and existing statutory consultees, in some cases, can struggle to deliver. Under a streamlined and effective planning system, the bar for becoming a statutory consultee, in our view, must necessarily be high.

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This Committee has already agreed to new clause 44, which removes section 42 of the Planning Act. New clause 97 therefore seeks to amend a provision that the Committee has already agreed should be omitted. For that very simple reason—notwithstanding others—I suggest the hon. Member might not wish to press his new clause.

[Gideon Amos]

I will be brief. I know the Committee wants to move on to the remaining new clauses, and I will facilitate that—we will not push this new clause to a vote. I simply observe that, historically, there was not an issue of local authorities saying that they could not cope with statutory consultees and bodies. What we have now is a system that is not well enough funded, and consulting important bodies should not be seen as a cause of unnecessary delay in the planning process. We think the case is made for the bodies I set out, but we will not press the new clause to a vote. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 47

Prohibition of solar development on higher-quality agricultural land

“No permission may be granted for the building or installation of provision for solar power generation where the development would involve—

(a) the building on or development of agricultural land at grade 1, 2, or 3a, and

(b) building or installation at ground-level.”—(David Simmonds.)

This new clause would prohibit the development of solar power generation on higher quality agricultural land.

Brought up, and read the First time.

Question put, That the clause be read a Second time:—