Oral Answers to Questions

Lewis Cocking Excerpts

Monday 14th July 2025 Commons Chamber

[Matthew Pennycook]

Although swift brick coverage is increasing, we want to drive up swift brick installation. As I made clear on Report of the Planning and Infrastructure Bill, we are considering using a new sweep of national policies for decision making, to require swift bricks to be incorporated into new buildings unless there are compelling reasons that preclude their use or would make them ineffective.

[Lewis Cocking (Broxbourne) (Con)]

T10. Will the Minister outline what new planning powers could be provided to local councils to ensure that my local communities in Broxbourne can say no to houses in multiple occupation—HMOs—where they are not wanted?

[Matthew Pennycook]

The hon. Gentleman—who I have great affection for, as we go through our tenure—is a highly experienced former councillor, and he will know that local authorities already have article 4 powers. If he has evidence that those powers are not proving effective, I would really like to have more information.

Draft Buckinghamshire Council, Surrey County Council and Warwickshire County Council (Housing and Regeneration Functions) Regulations 2025

Lewis Cocking Excerpts

Wednesday 9th July 2025 General Committees

[Lewis Cocking (Broxbourne) (Con)]

Can the Minister outline for the Committee, where these powers will sit, once councils have gone through devolution talks and appointed metro mayors? Will they still sit with the unitary councils, or will they go to the metro mayor? Can the Minister explain where the powers will sit when they get a new devolution agreement?

[Jim McMahon]

In a sense, these are legacy agreements made under the previous Government that we are keen to honour. We know that councils worked in good faith when preparing their devolution agreements with the previous Government, and we want to ensure that—notwithstanding the transition period following the English devolution and community empowerment Bill—we can honour those arrangements as much as possible. It is accepted that we are in a period of significant transition for local government in England, both in reorganisation and the creation of new combined authorities in these areas, but we do not think that is a reason in itself to hold back powers.

If the point comes when these areas receive a mayoral strategic authority, as it will be known under the new Bill—the Houses of Parliament need to go through the process of confirming that position—the powers will be conferred, alongside a range of other powers, which would be quite normal. I should say that nothing will be presented to Parliament in the English devolution Bill that cuts across what we now consider to be the foundational agreements that are in place. We would encourage willing local authorities to collaborate and come together, even if that is without a mayor being in place, so that further powers can be devolved to current local authorities.

Ministry of Housing, Communities and Local Government

Lewis Cocking Excerpts

Tuesday 24th June 2025 Commons Chamber

[Lewis Cocking (Broxbourne) (Con)]

I commend the Chair of the Select Committee, the hon. Member for Vauxhall and Camberwell Green (Florence Eshalomi), for securing this important debate. I congratulate her on her fair and robust approach to leading the Committee, and every now and again she allows me to ask some difficult questions of Government Ministers, for which I am very grateful. All of us on the Committee have taken very seriously our duty of scrutinising the Ministry of Housing, Communities and Local Government over the past year, recognising its widespread responsibilities and the deep impact its decisions have on our constituents right across the country. I wish to mention a couple of those responsibilities.

One of the biggest drivers of the financial difficulties facing councils has been the catastrophic rise in the amount of money spent on children with special educational needs. This is very close to my heart, as I have seen it from both sides. I grew up with a brother and sister who both benefited from SEND provision, and I have also been a local councillor in Hertfordshire. In just 10 years, the number of children in the county with education, health and care plans has grown by a staggering 223%, which is even higher than the 140% national rise. The funding has not kept up. Incredibly, Hertfordshire receives the third lowest funding per head out of every authority in the country. If it was funded at the national average, an extra £47 million would be available for children with the most complex needs across Hertfordshire.

I hope the Minister agrees that it should not matter where in this country someone is born, because the system should have the resources to meet their educational needs. Removing this historical funding formula would be the first step in creating such a system. The Minister will of course point out that the total reorganisation of local government in this country is the answer to these problems, and that the efficiencies promised by huge unitary councils will solve the funding crisis. However, residents of my constituency of Broxbourne already feel that they are getting a bad deal from the county council, so exactly how will forcing them into a much larger council, which will have a much longer list of responsibilities for an even bigger area, help this situation?

As with everything the Government touch, one of the inevitable consequences of this reorganisation will be higher taxes for my constituents. It will be constituents living under Conservative-controlled Broxbourne council who will feel this the most, as they will go from paying the lowest non-parish council tax in the country to, inevitably, a higher charge under a merged authority.

There is no way that efficiencies will cover the extra spending of these bloated authorities. Reorganisation itself is not cost-free, and I am yet to see councils that have gone through a reorganisation come out saying they are awash with cash. I hope the Minister is genuinely listening to the concerns raised in this debate, and will come back with the Department of Education in the near future with genuine solutions to the SEND funding crisis, and ensure that all our constituents have a fair say when local government reorganisation is forced upon them in our areas.

Planning and Infrastructure Bill

Lewis Cocking Excerpts

Report stage
Monday 9th June 2025 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

Order.

[Lewis Cocking (Broxbourne) (Con)]

I rise to speak to a number of the amendments before us. I spent a lot of time with colleagues on the Public Bill Committee, and some of the amendments are very good and some are not so good. I will try to rattle through as many as I can.

I support new clause 43, which stands in the name of my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds). Our villages should have the same protection as our towns. Villages have a unique character across all our constituencies, and I am privileged to represent six of them—Brickendon, Hertford Heath, Great Amwell, Stanstead Abbotts, St Margarets and Goffs Oak. I have seen a local council that has built probably too much development in a village, and I have seen that change the fundamental character of Goffs Oak. We should be trying to protect that character, because when people move to villages, they do so for the rural way of life and their unique character and identity. We should stop urban sprawl, and we should stop villages linking together.

--- Later in debate ---

[Aphra Brandreth (Chester South and Eddisbury) (Con)]

My hon. Friend is making a wonderful point about the new clause I have tabled. Does he agree with me that this is about improving our environment and reducing pollution, and we need to think about all of that when we consider this Bill?

[Lewis Cocking]

I thank my hon. Friend for that intervention, and of course I agree. She makes an important point, and I fully support her new clause. I know she is a keen advocate for this provision in her constituency; it is about creating communities. As I have said, this Government are interested only in hitting a national target, which I and lot of experts in the industry do not think they will meet.

The Government need to think about how they are going to create the communities of the future and the places where people want to live. That means designing them to be really nice, getting developers around the table and agreeing design codes, and making sure developers really put their money where their mouth is. We should ensure we have tree-lined streets, because when we go out in our constituency, as I am sure you do in yours, Madam Deputy Speaker, a tree-lined street is absolutely beautiful to walk down. It is so much better for the people living there and everybody in the constituency if we make that a reality for lots of our residents. Rather than just focusing on building a set number of houses, we should focus on creating the communities of the future and the places where our constituents want to live.

[Neil Duncan-Jordan (Poole) (Lab)]

I rise to speak in favour of amendment 69 and new clause 32, which were both tabled by my hon. Friend the Member for North East Hertfordshire (Chris Hinchliff). I commend him for his work on the Bill.

I believe the Government have got it wrong with their changes to nature protection. I appreciate that Ministers will say that they come from a genuine desire to address the housing crisis, but the Bill removes the foundations of our nature laws, including the mitigation hierarchy that requires developers to avoid harm. Nearly every major conservation group opposes the Bill and the Government watchdog, the Office for Environmental Protection, says that it degrades nature protections.

Amendment 69 offers practical improvements, ensuring that environmental delivery plans achieve their stated purpose of making developers pay to offset damage to nature. It ensures that plans result in an improvement to the specific feature being harmed, so that the Bill does not give a green light to degrading irreplaceable habitats.

Oral Answers to Questions

Lewis Cocking Excerpts

Monday 9th June 2025 Commons Chamber

[Alex Norris]

I share the right hon. Gentleman’s enthusiasm for Changing Places toilets, which have their roots in Nottingham. Frankly, people will not be able to access the amenities on their high streets if they do not feel they can leave their home without those facilities. I share his enthusiasm and commend him and his community. He sells himself slightly short, however, because I recall that when he was a Minister in this Department, he changed the rules and building regulations to make it easier to develop such toilets, and as Chancellor he made funding available for more as well. I would like to take this opportunity to recognise that and to praise him and the community of Wensleydale.

[Lewis Cocking (Broxbourne) (Con)]

Houses in multiple occupation throughout Broxbourne—on our high streets in particular—are causing my constituents lots of issues. What will the Minister do to review the powers that my local councils of East Herts and Broxbourne have to stop HMOs where we do not want them?

[Alex Norris]

This is a really important question. The future mix of our high streets will undoubtably include, yes, traditional retail but also leisure and accommodation. That footfall can be a good thing, but if this is not well planned or well organised, and if communities are not brought along, it will not succeed. I am conscious that we have the Planning and Infrastructure Bill proceedings ahead of us today, and I am sure the hon. Gentleman will find an opportunity to make that case to the Minister for Housing and Planning.

Planning and Infrastructure Bill (Fourteenth sitting)

Lewis Cocking Excerpts

Committee stage
Thursday 22nd May 2025 Public Bill Committees

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

I will be brief: the issues in new clause 111, which it is my privilege to speak to, have already been extensively debated. We have just heard about protections in respect of playing fields; new clause 111 is about protections in respect of villages. Those are relevant to places such as Harefield in my constituency—pretty much the last village in London—and to the concerns highlighted by many Members, including my hon. Friend the Member for Broxbourne (Lewis Cocking), about some recent decisions on infilling, which puts the separation of villages from nearby towns at some degree of risk. We are keen to preserve it. We will press the new clause to a vote in due course.

[Lewis Cocking (Broxbourne) (Con)]

I rise in support of the important new clause 111, in the name of the shadow Minister. I have six villages in my patch—Goffs Oak, Hertford Heath, Brickendon, Great Amwell, St Margarets and Stanstead Abbotts—all of which have a unique character. We need to protect village life; villages are all unique and different. The new clause is not saying that we do not want any development in villages—of course, to make progress, there has to be developmentbut people in villages in my constituency, and probably across the country, are fearful of having loads of development so that villages all get connected up together and lose their rural identity, village community and spirit.

I would like the Government to really consider the new changes they have made to the national planning policy framework, particularly on villages. As I said, when we drive throughout the country, probably through hundreds of villages, we know they are all unique and have a different character. We should try to maintain that, rather than having an urban sprawl, with no green spaces left and developments that all link together. I fully support the new clause in the shadow Minister’s name.

[Matthew Pennycook]

I will start with new clause 101. I gently say to the hon. Member for Taunton and Wellington that I do not agree with his interpretation of the reforms that we set out for the statutory consultee system or our minded reforms; as I have said, we will consult on those in fairly short order.

We want to look at both the scope of statutory consultees and the specific application types on which they provide advice. We know that there are lots of applications where statutory consultees are required to be consulted but do not even engage with the issues for which they have responsibility. We think there is a sensible reform there. But I take issue with the hon. Gentleman’s claim that the in-principle decision to look to consult on the removal of Sport England means that the Government are determined to develop on every playing field across the country.

The Government agree that access to recreational spaces, including playing fields and pitches, is vital for the health and wellbeing of communities. Those spaces play an important role in supporting physical activity, social cohesion and opportunities for young people. The national planning policy framework already includes strong protections for playing fields and pitches. It sets out clear and robust tests that must be met before any development affecting such space can be approved. The policies ensure that playing fields can be lost only where the facility is no longer needed, or where there is a justified and appropriate alternative, such as equivalent or better provision elsewhere.

Given those existing safeguards, we do not believe it is necessary to duplicate them in primary legislation. The risk is that doing so could lead to an overly rigid framework that limits the ability of local planning authorities. We have had a number of debates where in a sense we are trying to restrict the ability of local planning decisions—I do not think advertently, but perhaps inadvertently. We think local planning authorities are best placed to make some of these decisions. We do not want to overly restrict their ability to respond to the specific needs and circumstances of their communities. We need some of that flexibility to be left in the system.

Planning and Infrastructure Bill (Thirteenth sitting)

Lewis Cocking Excerpts

Committee stage
Thursday 22nd May 2025 Public Bill Committees

[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.

--- Later in debate ---

[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.

[Lewis Cocking]

Does the Minister not appreciate that lots of utility companies dig up roads under emergency procedures, so do not have to let the local authority know? As it is an emergency, one would expect someone to be working, maybe not around the clock, but for a long period of the day over multiple days to get it fixed. When people drive past roadworks in those scenarios, and they do not see anyone working on them, they get incredibly frustrated. Could he just outline what the Government are doing to make sure that roadworks are finished as quickly as possible, in a timely manner?

[Matthew Pennycook]

Well, I do not begrudge the hon. Gentleman for asking, but he tempts me to move into areas far beyond my ministerial remit and, I would argue, outside the scope of the Bill. In the interests of time, and of ensuring that all of the other worthy new clauses that I see before me on the selection list are debated, I will write to him on that particular point.

On this new clause, following on from what I have just said, we must bear in mind that local planning and highway authorities can take concerns into account when approving planning permission or road closures. They can also amend the timings of road closures and make other arrangements to ensure that access to properties and businesses is maintained. On that basis, we cannot accept the new clause.

Planning and Infrastructure Bill (Twelfth sitting)

Lewis Cocking Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

[Matthew Pennycook]

My hon. Friend is right. If we are having a mature conversation about this, we have to recognise that economic circumstances can change and that the costs that developers are having to deal with—build material costs have increased significantly, particularly in London—are factors they do have to weigh in their judgments. On the other side of the coin, it is important, in strengthening the section 106 system, that we are ensuring local authorities can negotiate robustly on those agreements and that we hold developers to the commitments that they make. The Government’s intention is to do both.

[Lewis Cocking (Broxbourne) (Con)]

Will the Minister give way?

[Matthew Pennycook]

I will, but I do not want to lead us down the path of a long debate on viability.

[Lewis Cocking]

I thank the Minister for giving way. He is talking about changes in viability. What does he say to councils that are in the position of having granted planning permission, had a viability assessment and agreed a 106, and the developer comes back a year or two later and says that they cannot do it and will have to put in a new planning application, have a new viability assessment and a new 106, but because the council has determined a planned application on that site, if it went to the planning inspector, there would be a lower bar for that development to get over? That is because the council has already accepted the principle of development on that site under the premise of one section 106 negotiation.

Does the Minister think that, on the second go, the developer should have to start from the beginning, have the same principles to get the development off the ground, and that the same higher bar should apply? At the end of the day it is the community that lose out from the community obligations that the developer is trying to get out of.

[Matthew Pennycook]

The hon. Member tempts me into commenting on hypotheticals. I will instead say the following. There are two things happening here. We have to be aware of the ability for some existing mechanisms—section 73 applications are a good example—to be gamed in terms of viability to drive down the amount of public gain. I am aware of that, and I have been very candid about it. On the other hand, and correspondingly, if a permission such as the one he hypothetically mentioned is in place, I think that is testament to why it is so important that we bring forward measures on build-out transparency and have the powers to be able to say to developers, as the Government are saying to all developers, “If you’ve got a consent, then get on and build.”

The Government are making a variety of reforms to the planning system, which in any number of ways will provide for a more rules-based system, more certainty and will drive down development costs. We are firming up planning policy guidance and expectations. We are making it clearer and easier for developers to put in an application and we should reduce costs as well. Correspondingly, we can ask for more. We are bringing forward measures in fairly short order on build-out and we will turn on the LURA provisions that I have mentioned. On that basis, I ask for the new clauses to be withdrawn.

New clause 76, tabled by the shadow Minister, the hon. Member for Hamble Valley, seeks to prevent those who have deliberately undertaken unauthorised development from obtaining planning permission retrospectively. The Government do not condone unauthorised development and are clear that anyone seeking to undertake development should first obtain planning permission where it is required. I therefore very much appreciate the sentiment behind his new clause. I recall debating with a shadow Secretary of State this particular matter in relation to Gypsy and Traveller camps, and I appreciate that across the House there is concern about the use of unauthorised developments.

However, the Government’s view is that there may be circumstances—I am happy to set this out in writing to the shadow Minister—in which unauthorised development, even if it is intentional, may be acceptable in planning terms or may be made so by the imposition of planning conditions. I say that only to make the point that we believe that there is a need for some pragmatism here and that such developments should be considered by the local planning authority. It is already the case that intentional unauthorised development, as he said, is a material consideration. It must be weighed in the balance when determining planning applications and appeals. That approach retains local decision making.

The Government obviously keep this matter under review. I am more than happy to have a conversation with the shadow Minister about the Government’s view as to whether the enforcement powers available to local planning authorities—they have a wide range of powers, with strong penalties for non-compliance—are being used, and if not, why not. I am also more than happy to share with him our understanding of how local planning authorities and inspectors are treating unauthorised development as a material consideration, as they are now required to do. I hope that, on that basis, I have provided him with some reassurance.

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[Lewis Cocking]

Does the hon. Member not agree that, in most local plans—if not all local plans that come forward; I took one through for Broxbourne when I was leader of the council—we do have targets for affordable and social homes? The reason lots of those do not get built out is because of the issues that we discussed earlier around viability. Just having a target does not necessarily deliver what she and I want to deliver: more social homes. We can have that target, but it is about the viability and the costs that developers try to get out of. That is why they do not get built.

[Ellie Chowns]

I thank the hon. Member for his point, which is actually exactly the same point that the hon. Member for Barking made, essentially—

--- Later in debate ---

[Lewis Cocking]

Local plans are done over a 15-year period, so they are over multiple Parliaments. When the Government set the housing targets for local councils—if what the Minister has just said is the Government’s position on new towns—should the situation not be the same as for local plans? Broxbourne has a local plan over 15 years, which is three Parliaments, so all the housing targets given to local authorities will not be done in one Parliament.

[Matthew Pennycook]

The hon. Gentleman makes a fair point. Local plans are set over a longer time horizon. There is an issue, as he knows, with the number of local plans across the country that are up to date. There are other, corresponding issues about the date at which those local plans that are brought forward begin, and whether they are brought forward at all. Our general position—I will not go any further than that—is that we are keeping this under review. It has been our stated position so far that new towns will deliver over and above the targets produced by the standard method.

When a new town might build out will be highly place-dependent; it will depend on the particular circumstances and delivery vehicle. Let us see what sites the new towns taskforce recommends. We are keeping this under review because we recognise that we need the right incentives in place to support proactive local authorities to work with us to bring new towns together. Although we have been clear that the site selection will ultimately be in the national interest, in terms of building these large-scale new communities out quickly and effectively, and ensuring that they are exemplary developments, it will obviously be far easier if local authorities are proactive and constructive.

Planning and Infrastructure Bill (Eleventh sitting)

Lewis Cocking Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

[Matthew Pennycook]

I welcome the support for the clause that hon. Members have indicated. The integration of transport infrastructure and its timely delivery are essential to delivering large-scale urban developments, and that is what the clause will facilitate.

The shadow Minister and others asked me whether the wording is sufficient to deliver the objectives of the clause. I will reflect on that, as I always do, but we are clear that introducing a duty on local transport authorities to have regard to and co-operate with development corporations—this is our preferred approach in the instance—will facilitate co-operation. Each development corporation will respond to particular and localised delivery challenges, with differences in transport requirements for each development, so it is not possible to specify the nature of the co-operation required in all cases.

In practical terms, officials in my Department will support the development corporation to have those conversations with local transport authorities, try to get a shared understanding and resolve transport challenges in particular circumstances. As a necessary minimum, we will expect local transport authorities to engage constructively with the development corporation’s plans for transport delivery and not unduly block the delivery of transport infrastructure that is necessary to unlock growth in the red line area.

[Lewis Cocking (Broxbourne) (Con)]

I support this clause on development corporations and transport. NHS and healthcare services in the new development corporations are also vital, so why did the Government not include a clause that would make local NHS trusts behave in the way that the Minister wants transport authorities to behave, so that development corporations cater for healthcare needs as well?

[Matthew Pennycook]

I thank the hon. Gentleman for his question. We just debated a clause about standardising the list of infrastructure that all development corporations can bring forward, but clause 82 addresses a specific gap in the legislation, which is that development corporations cannot have transport powers and are reliant on local transport authorities to bring them forward. I do not dismiss his point about wider infrastructure—we have debated it elsewhere, and I have taken on board the points that hon. Members have raised—but the clause addresses a specific issue and outlines a way of dealing with it. As I say, the preferred approach is co-operation in the first instance and working with the local transport authority in question.

The ability to transfer transport powers, which is available under the clause, is ultimately a backstop measure, and escalation via direction is an initial measure to address insufficient co-operation. The clause clearly sets out how the escalatory process will work, although it is worth saying that decisions to either direct or transfer powers will be taken on a case-by-case basis and applied only where there is good reason to believe that co-operation on the part of the local transport authority is not forthcoming and necessary transport infrastructure is not delivered.

We think that the backstop is necessary for cases where the local transport authority refuses to co-operate and is blocking necessary infrastructure that the development corporation requires for its urban regeneration and development needs. On that basis, I hope I have reassured hon. Members.

Planning and Infrastructure Bill (Tenth sitting)

Lewis Cocking Excerpts

Committee stage
Thursday 15th May 2025 Public Bill Committees

[Matthew Pennycook]

Clause 63 forms part of the wider group of clauses that provide the necessary powers to make regulations governing the operation of the nature restoration levy. The clause specifically deals with issues of liability and provides regulation-making powers to set out who is liable to pay the nature restoration levy and when that liability arises. Given the breadth of environmental circumstances and types of development that may be covered by an environmental delivery plan, the detailed operation of the levy is best addressed through regulations, with the powers to make regulations suitably constrained. Technical matters of liability, such as the withdrawal and cancellation of liability, will be set out in the regulations, with the clause providing the relevant powers. To provide certainty and clarity to developers, those regulations will be subject to the affirmative procedure.

Clause 64 is another limb in the group of clauses that will govern the operation of the nature restoration levy. In particular, the clause provides the powers to make regulations in respect of how Natural England calculates and sets the nature restoration levy. Those regulations will, for example, frame how Natural England determines the cost of conservation measures to address the impact of development on the relevant environmental feature and the subsequent levy rate for developers. In doing so, regulations made under the clause will ensure matters of economic viability form part of the setting of rates under the charging schedule.

[Lewis Cocking (Broxbourne) (Con)]

Does the Minister share my concerns? When developments are proposed, there are obviously negotiations under section 106. Although I agree with the principle of the levy, I do not want developers to move money from other 106 obligations —healthcare, roads and education—into it. Has he given any thought to how we can prevent that from happening? This levy should be additional, rather than cutting the pie in a different way.

[Matthew Pennycook]

I appreciate where the hon. Gentleman is coming from. In the correspondence I will send to the Committee, I am more than happy to try to give hon. Members a sense of how the provisions in the Bill do or do not interact with the existing developer contribution system. However, section 106 agreements are a very different proposition from what we are discussing. We are talking about a nature restoration levy payment, managed by Natural England and directly for use on conservation measures that form part of an EDP. So section 106 is an entirely separate issue.

I recognise—I think this is the hon. Gentleman’s point—how issues of viability will be addressed in the calculation of the levy payment. What I would say to that is that this is a regulation-making power; the regulations will come forward with further detail, and we have made them subject to the affirmative procedure. We will have further debate in the House on the technical detail of how those regulations look when they are published. This is just the regulation-making power that will allow the levy to be charged. On that basis, I hope I have somewhat clarified the issue.

--- Later in debate ---

[Matthew Pennycook]

The hon. Member is right that those powers are there. The reason the new clauses are required is to ensure the operability under the nature restoration fund. To provide him with a little more detail, which I hope might be helpful, in respect of the Protection of Badgers Act the new clauses extend which prohibited activities may be covered by a licence to cover what will be needed for an EDP.

The new clauses also provide for a greater alignment between licences granted under the existing Protection of Badgers Act and those granted in respect of other species under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017. EDPs will set the terms of a licence, but we need these new clauses to ensure operability under the nature restoration fund. As I said, I am more than happy to write to hon. Members to reassure them on this point, but I do think their concerns are somewhat unfounded and I do not think the interpretation they are placing on the Government is correct.

[Lewis Cocking]

As Broxbourne’s emblem is a badger, I would like the Minister to write to me so I can have some more reassurance that these powers will not be used unnecessarily.

[Matthew Pennycook]

It is late in the day, Mrs Hobhouse, and people are running away with themselves in various respects, but I do want to provide members of the Committee with as much reassurance on this point as we can provide as the Government. I will be able to set out the reasons I think their concerns are unfounded and why I think the interpretation they have put on these new clauses is not accurate, and why, for reasons of operability, we need to ensure they are in place. As part of that, I also commit to write to the shadow Minister on the specific and fairly technical series of questions he has put to us about public bodies in respect of clause 75. With that, I commend the clauses to the Committee.

Question put and agreed to.

Clause 75 accordingly ordered to stand part of the Bill.

Clause 76 ordered to stand part of the Bill.

Schedule 6

Amendments relating to Part 3

Amendments made: 103, in schedule 6, page 156, line 35, leave out

“, as it applies in England and Wales,”

See the explanatory statement for Amendment 101.

Amendment 104, in schedule 6, page 156, line 35, at end insert

“(see also section 95(1A) (extent of this paragraph is England and Wales only)).”—(Matthew Pennycook.)

See the explanatory statement for Amendment 101.

Amendment proposed: 121, in schedule 6, page 157, line 34, leave out paragraph 41.—(Gideon Amos.)

Question put, That the amendment be made.