Planning and Infrastructure Bill

Gideon Amos Excerpts

Report stage
Tuesday 10th June 2025 Commons Chamber

[Paul Holmes]

I understand, and I say this with respect to the hon. Gentleman: I think the new clause is well intentioned, but roads are absolutely necessary. Sometimes, on the CPO powers currently allocated in existing legislation, even though we disagree with some of the overreach that the Minister wants to put forward, we believe fundamentally in the rights and responsibilities of local government to decide how they want to allocate routes in localities. We agree that in some cases, as in my constituency, which covers half of Fareham and half of Eastleigh, there needs to be better co-ordination between local authorities. However, we fundamentally disagree with the extension and provision of powers, which we do not believe should be allocated, in new clause 22.

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

Will the shadow Minister explain why the Levelling-up and Regeneration Act 2023 created vast new powers for development corporations, if he believes that all such powers should be discharged by local authorities?

[Paul Holmes]

I knew that was coming from the hon. Gentleman. The last Government put forward many things in legislation that we are looking at again. We have been very clear about that, and I have been clear about what this new Conservative party stands for. We said throughout the Committee stage that we do not support the extension of powers within CPOs.

Madam Deputy Speaker, I am aware that you are looking at me to move on. I will do so and restrict the number of interventions I take, as I am about to wind up. [Hon. Members: “Hear, hear.”] I knew I would bring universal acclaim once again, including from my Deputy Chief Whip, my hon. Friend the Member for South West Hertfordshire (Mr Mohindra). I thank him.

We have had a robust debate in this House on this groundbreaking piece of legislation. As I have said repeatedly, much to the Minister’s embarrassment— I hope he takes this in the genuine spirit in which it is said—even though we have fundamental disagreements on the measures that he is taking to get what he wants later on, we know that he has a well-intentioned and principled approach. The Labour party won the election and we know that. However, that will not stop us having principled and robust arguments around our disagreements with the methods by which he wants to get there.

As my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) indicated in her intervention, the Minister had—and still has—a chance to listen to some of the well-intentioned, educated and intellectual amendments and new clauses that have been proposed by all parties to strengthen the legislation and make it better.

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[Paul Holmes]

I know that many of my hon. Friends were concerned to hear about my generosity in the Tea Room. It was simply that we were very tired and I bought an espresso for the Minister, just once. I did offer one to the Lib Dem spokesman, but I have not delivered on that promise—

[Gideon Amos]

Shocking.

[Paul Holmes]

I expect to see a “Focus” leaflet—or whatever the Lib Dems put out in Hamble Valley—saying that is a Tory broken promise, but when did we ever take notice of the accuracy of Lib Dem literature? But I will buy him one, I promise. With regard to looking in the mirror and not liking what we see, I wake up daily basis and consider how much weight I have gained in this House over the past four years.

What I will say to the hon. Member for North Warwickshire and Bedworth (Rachel Taylor) is that in Committee the Minister consistently said that he would reflect, so she is right; she has accepted the premise of my argument on this. However, not once in this legislation has the Minister made any attempt to take into account our serious concerns. He has not changed this piece of legislation once. This is a parliamentary democracy and there is not a monopoly on brilliant ideas, despite the fact that the Minister likes to think he has one.

If the Minister wanted to make the Bill better, he could look openly at some of our amendments and accept them. I know that when he stands up to make his winding-up remarks, he will not accept them and that this legislation will therefore not be able to be supported by all parties in this House. If he had made some changes that could have delivered to the people of this country, we would have been able to support it. This is a shame, because some of his genuine and well-intentioned attempts to change the housing market in this country will now not be achievable because of the Labour Government’s intransigence.

As I have said, the Minister could have made some decent changes to the Bill. We and the Green party and the Lib Dems had serious concerns on environmental standards—[Interruption.] I was a Parliamentary Private Secretary for a very long time, and I thought that PPSs were supposed to sit and ferry notes for their Minister, and not to contribute to the debate. I am having real difficulty with this consistent heckling from the two PPSs. They are aspiring to high office and I really do not think they should be carrying on in this way; I never did—then again, I was never a Minister, so there we go. I am a big fan of them both, of course.

I shall finish on this point. The Greens, the Liberal Democrats and the Conservative party had a real disagreement on environment standards, and it is still our contention that environment standards will not be improved under this legislation. The hon. Member for North Herefordshire (Ellie Chowns) tabled a number of amendments because experts had clearly stated their concern that environmental standards would be reduced under this legislation. The Minister did not make any concessions. On the centralisation and erosion of local powers for planning committees, we tabled a number of sensible amendments—

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[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

[Gideon Amos]

I reiterate my thanks to all members of the Bill Committee and to the Clerks and officials, who I know had plenty to be getting on with during our sittings.

I am grateful for the support of my colleagues for the amendments I have tabled. The Liberal Democrats’ new clause 22 on active travel, and new clause 114 on open spaces in new towns and other development corporation developments, and our amendments 88 and 89 on recreational land, form our key proposals for this part of the Bill. All of them urge the Government to go further when it comes to releasing land value for infrastructure that meets community and environmental needs.

On part 5 of the Bill generally, our compulsory purchase proposals included that where major permissions of over 100 homes are not built out, greater powers to acquire that land for housing would be given to councils in a new “use it or lose it” planning permission. I was delighted to hear in the news that the Government are taking up that idea—although I gained a slightly different impression in Committee—even if the promise of more conditionally approved compulsory purchase orders will not give councils the same strong “use it or lose it” power that our amendment would have.

Wary of your strictures to stay on topic, Madam Deputy Speaker, I hope you will briefly allow me to add my welcome to that of my hon. Friend the Member for Cheltenham (Max Wilkinson) of the fact that, following the introduction of his private Member’s Bill, the Government, to their credit, have agreed that all new homes will be fitted with solar panels as standard—his sunshine Bill really is “winning here”—bringing zero emissions a step closer, after all the hard work of Liberal Democrat and Labour Ministers on zero-carbon homes, before the Conservatives cancelled the programme in 2015.

I turn to our amendments on compulsory purchase and development corporations. Our community-led approach is about the essential infrastructure people want to see being put in place ahead of the building of new homes. Clause 104 could support that by helping the building of council and social homes. It would reward landowners with a fair value, rather than inflated prices from an imaginary planning permission no one has ever applied for, as set out in section 14A of the Land Compensation Act 1961. Our manifesto supports that for the delivery of council houses, and we are supportive of steps that ensure that landowners are awarded fair compensation, rather than inflated prices, for specific types of development scheme.

However, at my meeting with farmers in North Curry on Friday, there was concern about the idea—possibly as a result of rumours—that under the clause, farmers would lose land to Natural England so that it could carry out its environmental delivery plans, and in return would get only a reduced payment. I am not convinced that is what the clause does, but family farms have had a tough time recently. They provide food for our tables, and they have been hit hard by risky trade deals with Australia and New Zealand under the last Government, followed by a new inheritance tax on small family farms, the underspend of the agricultural budget, and the closing of the sustainable farming initiative.

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[Greg Smith]

The hon. Gentleman just said that CPO powers are, to the landlord, an inconvenience. I would say that having a home, farm or business taken is absolute devastation, not an inconvenience.

[Gideon Amos]

The hon. Gentleman knows he is talking absolute rubbish because those are not the words I said at all. What I said was that the occupiers’ loss payments “are made to recognise inconvenience”. He may have misheard me. I did not say that farmers were an inconvenience or anything of the kind, and Hansard will reflect that. As the proposed payments would clobber the taxpayer by making them pay double the land’s value, we cannot support the new clause.

On the contrary, we say that people are fed up with money going to private developers, leaving local people with little to show for the sacrifices that they are making for new construction projects. There are further areas where the maximum commercial value of land should not have to be paid by public and community bodies. Under amendments 88 and 89, proposed by my hon. Friend the Member for Twickenham (Munira Wilson), hope value would not have to be paid in CPO cases where land is being acquired for sport or recreation. Her new clause 107, relating to disposals of land by public bodies, would ensure that top dollar did not have to be paid where the Secretary of State certified that the disposal was for “public good”; in those cases, a discounted price could be paid.

As we have heard, another Liberal Democrat amendment, new clause 22 proposed by my hon. Friend the Member for Henley and Thame (Freddie van Mierlo), would provide a “compelling case” justification for compulsorily purchasing land for new footpaths and cycle paths. Knowing the location of Haddenham and Thame parkway station as I do, I congratulate him on this key proposal, which would really help his constituents.

[Richard Foord (Honiton and Sidmouth) (LD)]

Local authorities could really do with compulsory purchase powers for cycling and walking paths. The Devon local cycling and walking infrastructure plan that came out last December said that

“certain private sector development…may come forward sooner, or later, than anticipated”.

Local authorities do not have any control over when they can put in walking and cycling paths. Would my hon. Friend’s amendment correct that?

[Gideon Amos]

The amendment of my hon. Friend the Member for Henley and Thame would definitely provide a much stronger justification for a CPO that enabled footpaths and cycle paths to be made. As he said, it would create a more level playing field with the compulsory purchase powers already in use for highways. I certainly agree with my hon. Friend the Member for Honiton and Sidmouth (Richard Foord). New clause 22 is a very logical amendment, and there is no logical reason why Ministers should reject it, although that has not stopped them so far; I hope that they break the habit of a lifetime.

We are clear in our amendments that communities should lead, and should be in the driving seat, when it comes to development and land. When people see the infrastructure for which they have been calling, it drives more community consent for the homes we need and the communities that we want to build. We need infrastructure for nature as well. Good places to live have gardens, open spaces, parks and meadows, so our new clause 114 would charge development corporations with ensuring those things.

I remind the shadow Minister that development corporations discharged planning powers under Conservative Governments, just as under Labour and coalition Governments. It is not always local authorities that deliver development. It is therefore right to ensure that development corporations discharge their duties as effectively as possible. If and when they build new towns and major developments, as the Government want them to, they must ensure open spaces for nature—spaces that work for people and our environment. Amendment 151 would require them to report regularly on their environmental and climate duties.

The first garden cities were supported by a Liberal Government and built without felling a single tree, as the hon. Member for North East Hertfordshire (Chris Hinchliff) confirmed yesterday. Their successes were emulated, and they are still emulated in the best developments, right up until today. The vision was a radical one of bringing people and the environment, town and country, and nature and humanity closer together. Those pioneers ensured healthier places to live in, an objective that our new clause 6, promoted by the Town and Country Planning Association, would insert in the planning objectives. Today, however, we face the much greater challenge of saving nature, as well as community cohesion and consent, before it is too late.

These amendments may not pass, but make no mistake: there are no greater threats to our way of life than the breakdown of trust, which risks destroying communities, and the breakdown of our environment, which is destroying nature. Those are the challenges that our amendments would tackle head-on, and I humbly urge Members to support them.

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

Once more unto the breach. I rise to speak in favour of amendment 68 in my name, and I hope to find as much common ground with Ministers as possible. I fully agree with the Government that we need bold reform of the planning system to tackle the housing crisis, and that is what even stronger reform of CPOs would deliver.

We have substantially more homes per capita than we did 50 years ago, yet over that time, house prices in the UK have risen by 3,878%. The Minister for Housing and Planning was right to argue that housing supply is not a panacea for affordability. There have been 724,000 more net additional dwellings than new households in England since 2015, so the Deputy Prime Minister was right to argue that there is plenty of housing already, but not enough for the people who desperately need it. The fundamental planning reform we need is an end to the developer-led model, which Shelter estimates is on track to deliver just 5,190 social rented homes per year, despite those being the very properties that we need to reduce waiting lists and get families out of temporary accommodation.

The housing crisis is one of inequality. We must move away from reliance on the vested interests of private developers, whose priorities will never align with the public good. Amendment 68 is intended to ensure just that. Half of England is owned by less than 1% of its population. Between 1995 and 2022, land values rose by more than 600% to £7.2 trillion, which amounts to more than 60% of the UK’s net worth. The amendment would build on Government proposals to give councils the land assembly powers necessary to acquire sites to meet local housing need at current use value, and so would do away with speculative hope value prices, which put taxpayers’ money into wealthy landowners’ pockets. That would finally make it affordable for local authorities to deliver the new generation of council homes that is the true solution to this nation’s housing crisis.

If we coupled strengthened compulsory purchase powers with a more strategic approach to site identification and acquisition, we could not only increase the amount of affordable housing built, but achieve genuinely sustainable development, and would no longer be beholden to whatever ill-suited proposals developers chose to bring forward.

The failings of our developer-led planning system are writ large across my constituency. In the 10 years from 2014 to 2024, North Hertfordshire and East Hertfordshire delivered a significant expansion of housing supply—3,973 and 7,948 net additional dwellings respectively. What happened to local authority housing waiting lists over the same period? They rose from 1,612 to 2,449 in North Hertfordshire and from 2,005 to 2,201 in East Hertfordshire. There have been more than enough new homes in my area to clear housing waiting lists, but the affordable homes we need are simply not delivered by a profit-driven model. A further fact stands out: over that decade, during which housing supply and waiting lists grew simultaneously in North and East Hertfordshire, not a single council house was built in either authority.

It is time for a genuine alternative to this farce. I urge the Government to look closely at the amendment, and to push onwards to create a planning system that once again puts people before profit.

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[Robbie Moore]

That is exactly why I urge the Government, as I have throughout the passage of the Bill—I know this point was also raised in Committee—to realise the huge level of disenfranchisement it represents for landowners. This Bill is not introducing fairness into the system, because it does not enable the state to pay the market value that should be attributed to anything that is compulsorily acquired. That is why I do not support the Bill, and I will be proud to vote against it on Third Reading.

[Gideon Amos]

I am grateful to the hon. Gentleman for giving way during his speech against all the things he voted for under the last Government, but I am confused by Opposition Members. Is there no limit to the amount of taxpayers’ money they would give to landowners, rather than to councils so that they can build social housing, roads and the other public facilities we need?

[Robbie Moore]

Here we have the Liberal Democrats setting out their position, and it is a good that they are doing so because I fundamentally believe that if a farmer owns land and the state seizes control of it through compulsory purchase powers, it is absolutely right that that farmer should be rewarded with the market value, not the agricultural value. I know the Liberal Democrats have set out their position that they fully support just agricultural value being paid, not what the land is really worth at market value, and I hope all farmers across the country understand the Liberal Democrat position, which is to disregard that hope value.

I want to know whether the Government have undertaken an impact assessment on the Valuation Office Agency. As we go through the compulsory purchase process, there will be many a challenge—quite rightly—by land agents or valuers acting on behalf of those many landowners to understand the true value of their land. I fear that the Valuation Office Agency will not be able to cope with the level of scrutiny there will rightly be of the Government’s position.

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[Matthew Pennycook]

I agree with my hon. Friend. It is a shame that the Conservative party has seemingly changed its view. [Interruption.] The shadow Secretary of State said, “Yes, that’s right. We’ve changed our view. It was a bad piece of legislation.” Many provisions in the Levelling-up and Regeneration Act 2023 were some of the best introduced by the previous Government. There is lots in the previous Government’s record that Conservative Members should rightly feel embarrassed about; these powers are not among that. Far from removing that power, we want acquiring authorities to use the power. For that reason, we cannot possibly accept the hon. Member’s amendment.

[Gideon Amos]

The hon. Member for Keighley and Ilkley (Robbie Moore) suggested that market value would not be paid for such land in compulsory purchases. Will the Minister confirm that the amount paid in compulsory purchases is the market value for the existing use of that land?

[Matthew Pennycook]

The Liberal Democrat spokesman tempts me to stray beyond the specific measures in the Bill and how that power can be used. We are clear and have recently issued guidance about how that power can be used.

That leads me helpfully to amendments 68, 88 and 89, which would expand the LURA power in question. Sympathetic as I am to the more frequent removal of hope value from the assessment of compensation, the use of the relevant power must be proportionate and justified in the public interest so that it does not fall foul of article 1 of the first protocol to the European convention on human rights. Seeking to expand the use of the power beyond that test and apply it much more widely is problematic for that reason. I cannot accept the amendments on that basis.

However, I want to make it clear to the hon. Member for Twickenham (Munira Wilson) that use of the direction power can be sought on mixed use schemes that include sports or recreational uses, but within those schemes there must be education provision, health provision or affordable housing provision to justify the use of the power in the public interest. On that specific point, and to respond to the Liberal Democrat spokesman, I confirm that clause 104 does not extend the LURA power to other uses or social objectives; it merely enables parish and town councils to make use of the existing power.

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[Gideon Amos]

It has been an honour and a privilege to represent the Liberal Democrats at the pleasure of my right hon. Friend the Member for Kingston and Surbiton (Ed Davey) on the Planning and Infrastructure Bill in Committee and at all stages of the Bill. I thank my staff team for their work and my colleagues on the Liberal Democrat Benches for their spirited amendments across all topics; in fact, we put forward 78 amendments in Committee, which I can only imagine was an absolute joy for the Minister and his officials to respond to.

I pay tribute to Members across the House for their work on this Bill. It has stimulated amendments from all corners of the House, as well as great debate, including my hon. Friend the Member for St Ives (Andrew George) working with the hon. Member for Bury St Edmunds and Stowmarket (Peter Prinsley) on their amendment on rural housing exception sites, to give just one example of the cross-party approach from different corners of the House towards improving the Bill.

On Second Reading, where the Liberal Democrats were the only party—except Plaid Cymru—to vote against the Bill because of our principled concerns about it, we set out to address our concerns about people’s rights, communities and fairness, and the effects the Bill will have on nature. We sought to address all those topics with our amendments.

First, on rights for people and individuals, as the Chair of the Select Committee, the hon. Member for Vauxhall and Camberwell Green (Florence Eshalomi), pointed out yesterday, what greater right could there be than the right to a decent, affordable home to bring up one’s family? We championed our proposal for 150,000 social homes a year to be built as a key target for this Government, and continue to encourage them through all means, including votes in this place, to move towards a target for building social homes, rather than simply a target for building millions of homes; without that, the target will be led by private market housing, which, on its own, is no solution to the problems we face.

We sought to address communities and fairness by seeking to remove the power that the Government will grant themselves, and all future Governments, to interfere in the running of councils and to give decisions to employees and planning consultants over and above the heads of the councillors who employ them, and who are meant to be accountable for those decisions. For the first time, decisions could be made by council officers and consultants, and, though every single elected councillor of that authority may disagree, those decisions will stand in their name, and councillors will not have the power to do anything to change them. That cannot be right.

It will undermine communities’ trust in politics and our planning system—a system in which people engage more at a local level than perhaps any other aspect of local government. The more people see the centralisation of planning powers, the standard method and guidance written by Whitehall, the appeals process dominated by Whitehall, and now even their own councillors not allowed to make decisions, the more we will damage communities’ trust in politics and their belief in the planning system and the system of local democracy, which is so important to our country. That is the principal reason that we object so strongly to the removal of powers from councillors in the Bill.

We support a number of the measures in the Bill; there are many good measures. In passing, I pay tribute to the Minister for his work on bringing back strategic planning, on which he has worked for a number of years. However, we are gravely concerned about its effect on nature. The National Trust has called the Bill a “licence to kill nature”. It is right, of course, to bring in a system for phosphates, for instance, which could be mitigated at a strategic level through environmental delivery plans, but it is wrong to completely remove from that process the principle of “first do no harm” on the site on which we are developing. We should enshrine the mitigation hierarchy in this new system in the Bill, so that, first, we seek to avoid harm to the site, then to mitigate it and, finally, to offset it, but only where that is absolutely necessary. Our new clause 1 would have put that protection of nature into this new system.

[Jess Brown-Fuller (Chichester) (LD)]

I am sure my hon. Friend knows his legislation very well, but the Levelling-up and Regeneration Act 2023 stated that Ministers have a duty to further the purposes of protected landscapes such as national landscapes. Does he think that we have missed an opportunity in this Bill by not giving national landscapes a seat at the table as statutory consultees, like, for instance, Chichester harbour in my constituency?

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[Gideon Amos]

I am grateful to my hon. Friend who has done so much work to champion national landscapes and the need for them to have a seat at the planning table. In my own national landscape, the mellow and beautiful Blackdown hills of Somerset also deserve a seat at the planning table. We do not believe that cutting out consultees, consultation and voices such as Sport England from the planning process is the way to deliver more homes or better communities. We need to bring in voices such as those who support our national landscapes, and we would dearly like to put forward amendments to achieve that.

On the rights of people to genuinely affordable homes, the rights of communities to fairness in the process, and rights to nature, we do not believe that the Government have gone far enough and we cannot support the Bill as it stands.