National Networks National Policy Statement

Lord Banner Excerpts

Wednesday 8th May 2024 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

How many years in Government does the noble Lord want? Maybe a couple of terms. As such, I will focus my next few remarks to those in the next Government, because these national policy statements were Labour’s idea—and they are a really good idea. To make them work, we have to make sure that the Treasury listens and that the next Government get the funding to deliver real change.

When I was the Deputy Mayor of London to Ken Livingstone, I told him that, if we were to be serious about creating more cycling routes, we were going to need hundreds of millions a year. There was a huge shudder of shock around his whole office. It was eventually accepted that, if you want to change things and to get people more safely walking and cycling, you need the sort of money that we might spend on a new road. The truth is, if you build those opportunities, people will take them. We need to imagine a future that is better than what we have now and spend the money building that future.

[Lord Banner (Con)]

My Lords, I have two interests to declare. First, I am a practising Silk. At the planning and environment Bar, I act for a range of parties affected by national policy statements. Secondly, in February this year, I was appointed by the Prime Minister to undertake a review of the processes relating to legal challenges to development consent orders for nationally significant infrastructure projects.

In the course of that review, which is still to report, I have engaged on NSIPs with various stakeholders from all sides of the spectrum, including environmental NGOs, the public sector and the private sector. Obviously, I will not comment on matters within the remit of the review, but I want to draw the House’s attention to one point on which there is broad consensus among the stakeholders. It is not directly relevant to my remit, but it has some relevance to this debate. There is broad consensus that national policy statements need to be kept up to date, and that there have been shortcomings in that respect in recent years. The NPS that we are debating tonight replaces one from 2014. That is the status quo; it is 10 years old. The disbenefits of a national policy statement being out of date include, first, that the function of an NPS—to set the framework for development consent and streamline the consenting process—is undermined if it has been overtaken by events. Secondly, the propensity for and risk of legal challenges is greater if people can point to a mismatch between current circumstances and an out-of-date NPS.

Voltaire probably did not have in mind nationally significant infrastructure projects when he said that the perfect is the enemy of the good, but he might very well have done, because the adage is no less applicable, and possibly more so, in this context than it is in any other. Even if the national networks NPS could be improved with further reviews of the nature the noble Lord, Lord Berkeley, suggests, the status quo during the time when it was subject to that review would be the 10 year-old and even further ageing 2014 NPS. I suggest that it may well be better to have a 2024 NPS—which on any view is more up to date than its decade-old predecessor—complete with a commitment to be reviewed within five years or earlier, as the new NPS commits that it should be. That review would be in light of any further environmental policy developments that took place in that five-year period. Is that not better than maintaining the status quo of 2014 while we conduct further reviews in the meantime?