Infrastructure Bill [Lords]

Lindsay Hoyle Excerpts

Monday 26th January 2015 Commons Chamber

[Andrew Miller]

On a point of order, Mr Deputy Speaker. Earlier in the Minister’s speech, she referred to a letter that she claims to have sent to the members of the Committee. I have checked my file—everything was sent electronically—and no such letter arrived in my office. I would be grateful if a copy of the letter could be made available to Members now.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

That is not a point of order for the Chair, but the hon. Gentleman has clarified what he believes to be the position. The Minister may or may not wish to comment.

[Amber Rudd]

The letter came from the Minister of State, Department for Transport, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), and with that information the hon. Gentleman may be able to find it. I am happy to send him another copy.

The industry will need to show how it has complied with the charter on an annual basis, and any failure to follow through will ultimately result in a loss of membership and the benefits attached. In addition, operators will contribute a voluntary one-off payment of £20,000 for the right to use deep-level land. Each year, operators will need to publish evidence detailing how these commitments are being met. The Department of Energy and Climate Change will regularly monitor this evidence. Let me reassure the House that the proposals in the Bill will enable the Secretary of State to introduce regulations to set up a statutory payment mechanism, if not satisfied.

On new clause 19(j) and amendments 62, 63 and 64, notice and publicity requirements relating to the planning and environmental permitting processes are already in place. We believe the system works well, but we recognise the concerns that have been raised by the new clause.

New clause 19(k) and amendment 60 are on the approval of substances to be left in the land. As part of the application for environmental permits, the EA will require full disclosure of chemicals used in hydraulic fracturing and has the power to restrict or prohibit the use of any substances where they would pose an environmental risk. Our regulations ensure that information on chemical substances and their maximum concentrations is included within the environmental permit, along with information on the total daily discharge of hydraulic fracturing fluid into the ground and the fluid taken off-site for disposal. The permit is placed on the public register.

I have already announced that the Secretary of State for Environment, Food and Rural Affairs will direct the Environment Agency to publish information about chemicals it requires operators to disclose.

--- Later in debate ---

[Mr Gordon Marsden (Blackpool South) (Lab)]

On a point of order, Mr Deputy Speaker. The Minister has referred to the potential for further amendments to be introduced. I know we have had an iterative process here this afternoon, to put it mildly, but even I did not think there would be scope for the Government to introduce further amendments in this House. Will you rule on this issue and clarify whether the Minister is making a statement correctly or incorrectly?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Let me help by saying that it would be possible for the Lords to look at that and do something about the Bill at that stage.

[Joan Walley]

I am interested in that point of order because it sets out for us the situation we are in: we are going to be voting today in this House on something that is not before us, in the hope that the concerns that we do not have time to raise can then be addressed by amendments in the other place. That is just not the right way to make good legislation.

I am conscious that so many Members wish to speak, so let me just say that there should be a moratorium, that the Government have overlooked the needs of people all over the country and that without that public support this policy and this haste—going all out for fracking—is just a failed policy.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Communities and Local Government (Stephen Williams)]

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

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 3—National Infrastructure Commission—

‘(1) There shall be an independent National Infrastructure Commission.

(2) The Secretary of State may by regulations provide for the appointment, duties, functions and staffing of the National Infrastructure Commission.

(3) Regulations made under subsection (2) may make provision for any consequential matter that the Secretary of State considers is necessary to establish the National Infrastructure Commission.

(4) Regulations made under subsection (2) shall be made by statutory instrument.

(5) A statutory instrument under this section shall not be made unless a draft of it has been laid before and approved by both Houses of Parliament.

(6) In this section—

“National infrastructure” means infrastructure of strategic significance in or relating to the sectors including—

(a) transport covering ports, transport networks (including railways and roads) and aviation;

(b) energy;

(c) flood defences;

(d) hazardous waste;

(e) telecommunications;

(f) water; and

(g) such other sectors as are prescribed.”

New clause 12—Abolition of the Planning Inspectorate—

‘(1) The Planning Inspectorate is abolished.

(2) Subject to paragraph (3), all the functions of the Planning Inspectorate are transferred to the Secretary of State for Communities and Local Government.

(3) The functions of the Planning Inspectorate in relation to Wales are transferred to Welsh Ministers.

New clause 16—Use classes and demolition: drinking establishments—

‘(1) The Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) is amended as follows.

(2) At the end of section 3(6) add—

“(n) as a drinking establishment.”

(3) In the Schedule, leave out “Class A4. Drinking Establishments”.

(4) The Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) is amended as follows.

(5) In Part 3 of Schedule 2 under Class A: Permitted Development, leave out “A4 (drinking establishments)”.

(6) In Part 31 of Schedule 2 under A.1 add—

“(c) the building subject to demolition is classed as a drinking establishment”.”

The purpose of this New Clause is to aim to ensure that any proposed demolition of or change of use to public houses and other drinking establishments would be subject to planning permission. Currently such buildings can be demolished or have their use changed without such permission being granted.

New clause 20—Community right of appeal—

‘(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert—

“(2A) Where a planning authority grants an application for planning permissions and—

(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or

(b) the application is not supported by policies in an emerging development plan;

certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.

(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permissions in the circumstances specified in subsection (2A) above are—

(a) the ward councillors for the area who have lodged a formal objection to the planning application in writing to the planning authority, or where there is more than one councillor, all councillors by unanimity;

(b) any parish council or neighbourhood forum by two thirds majority voting, as defined in Section 61F, covering or adjoining the area of land to which the application relates is situated; or

(c) any overview and scrutiny committee by two thirds majority voting.

(2C) The conditions are:

(a) the application falls within the definition of “major development”;

(b) the application is accompanied by an environmental impact assessment;

(c) the planning officer has recommended refusal of planning permission.”

(3) Section 79 is amended as follows—

(a) in subsection (2), leave out “either” and after “planning authority”, insert “or the applicant (where different from the appellant)”;

(b) in subsection (6), after “determination”, insert “(except for appeals as defined in section 78 (2A) and where the appellant is as defined in section 79 (2B)).

(4) In this section—

“emerging” means a development plan that is being examined by the Secretary of State, or is due to be examined, having met the public consultation requirements necessary to proceed to this stage; and

“major development” means cases within categories defined in guidance produced by the Secretary of State.”

Government amendments 84, 45 and 46.

Amendment 53, page 27, line 9, in clause 28, at end insert

“provided that any designated property, rights or liabilities to be transferred pursuant to a scheme—

(a) have been classified as surplus;

(b) do not compromise land forming part of a common, open space or fuel or field garden allotment;

(c) do not extinguish any public right of way;

(d) are subject to transparent reporting of all aspects of the transaction to the Land Registry; and

(e) shall be subject to a test of viability that is underpinned by guidance and an open book approach.”

Government amendment 85.

Amendment 52, page 34, line 2, leave out clauses 30 to 32.

Amendment 54, page 34, line 36, in clause 33, at end insert

“and shall relate to buildings or developments of any size”.

Amendment 67, page 34, line 36, in clause 33, at end insert—

“(e) carbon abatement offsite must only be considered exceptionally, where:

(i) it has been demonstrated that the carbon abatement can not reasonably be met on the development site, and

(ii) the homes on the development site achieve a high standard of energy efficiency.”

Amendment 71, page 35, line 5, in clause 33, at end insert

“and where the requirement cannot reasonably be met on the building site.”

Amendment 72, page 36, line 21, in clause 33, at end insert—

‘(7) No variation to the requirement of the building regulations in respect of a building’s contribution to or effect on emissions of carbon dioxide may be made solely by regard to the number of buildings on any particular building site.”

Government amendments 91 to 93, 95, 100, 102 and 104 to 106.

Amendment 74, page 128, line 2, in schedule 8, leave out from “sharing” to end of line 4 and insert

“do not change its appearance.”

Amendment 75, page 132, line 20, in schedule 8, leave out paragraph (b).

Amendment 118, page 165, line 28, in schedule 8, leave out “or other vegetation”.

Amendment 119, page 165, line 30, in Schedule 8, leave out “or vegetation”.

Amendment 120, page 165, line 41, in schedule 8, leave out “or vegetation”.

Amendment 121, page 165, line 41, in schedule 8, leave out from “lopped” to second “to” in line 42.

Amendment 122, page 166, line 2, in schedule 8, leave out

“or cutting back of the vegetation”.

Amendment 123, page 166, line 11, in schedule 8, leave out from “lopped” to end of line 12.

Amendment 124, page 166, line 13, in schedule 8, leave out “or cuts back vegetation”.

Amendment 125, page 166, line 16, in schedule 8, leave out “or vegetation”.

Amendment 126, page 166, line 24, in schedule 8, leave out

“or cutting back of the vegetation”.

Government amendments 107 and 108.

[Stephen Williams]

The group touches on an incredibly wide range of issues, but I shall concentrate my remarks on the amendments and new clauses that have aroused significant interest across the House.

Government new clause 14 relates to the Greater London Authority’s powers to incur expenditure on transport elements of housing and regeneration projects. This matter was raised in Committee by my hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi), and I promised him that I would look urgently at the legislative options available to address this important issue. We have concluded that it is necessary to make a minor change to the Greater London Authority Act 1999 and have therefore proposed the new clause.

The new clause removes a prohibition in section 31 of the Greater London Authority Act preventing the GLA from incurring expenditure on anything that may be done by its functional body, Transport for London, if it relates to housing and regeneration. We are making this change to the 1999 Act because the GLA has said that, because TfL’s powers are wide-ranging, they preclude the GLA from incurring expenditure on anything transport related. This includes expenditure on transport elements of projects to deliver housing, jobs and growth in London, which the GLA has been responsible for since 1 April 2012, when it took on the roles, land and contracts of the former London Development Agency and the Homes and Communities Agency in London. The new clause will apply in relation to expenditure incurred by the GLA before, as well as after, the coming into force of the new clause, because it was clearly the intention of Parliament that the GLA should have powers equivalent to those of the LDA and HCA following the Localism Act 2011. Making this change to the 1999 Act is therefore essential to ensure that the GLA can deliver new homes and jobs for London.

Government amendment 95 provides for new clause 14 to extend to England and Wales only, and Government amendment 102 provides for the amendment to the 1999 Act to come into force on the day the Act is passed. Government amendment 85 relates to clause 29 and will ensure that future purchasers of land owned by the HCA, GLA and mayoral development corporations can develop and use land without being affected by easements and other rights and restrictions. Clause 29 will bring the position of purchasers of land from the HCA, GLA and MDCs into line with those currently enjoyed by purchasers from local authorities and other public bodies involved in regeneration and development.