Planning and Infrastructure Bill

Lord Deben Excerpts

Committee stage
Thursday 24th July 2025 Lords Chamber

[Lord Moylan (Con)]

My Lords, I start by congratulating the noble Lord, Lord Liddle, on the deftness with which he developed a debate on charging fees into one about charging his electric vehicle. It demonstrates the indulgence of your Lordships that he could get away with that for the whole length of a speech. Well done is what I would like to say to him.

In the light of the Minister’s clear assurances at the Dispatch Box that these genuine concerns, which are not mentioned in the Bill, will be dealt with satisfactorily through secondary legislation—

[Lord Deben (Con)]

Does my noble friend not still agree that it would be much better to have primary legislation that listed who and where it is than always having to wait for secondary legislation, which we know we cannot amend, as we discovered only earlier this week? Why can we not have proper primary legislation, so that we can discuss these things more sensibly?

[Lord Moylan (Con)]

I could not agree more with my noble friend, and I will only say that you cannot get blood out of a stone. We are simply not going to get those changes unless we decide to bring the matter back on Report and divide the House, which we may do. I am sufficiently satisfied at this stage to withdraw my amendment.

Before I do so and sit down, I simply remind the Minister that I had a question about the general fund and parking revenue accounts as sources for paying for the charges imposed on highways authorities. It would be useful, perhaps by way of a letter after this debate, to have a response to that question. With that, I beg leave to withdraw the amendment.

Planning and Infrastructure Bill

Lord Deben Excerpts

Committee stage
Thursday 11th September 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baronesses, Lady Parminter and Lady Young, and to thank the noble Lord, Lord Krebs, for supporting this amendment. It is something of the usual crew, and “Green Member gets up to support climate and biodiversity action” is, I know, not terribly original, but I just want to make a couple of specific points. One is that there was a climate reporting duty on local authorities until 2010, brought in by a previous Labour Government. This amendment is seeking to reinstate something that Labour Governments brought in.

Repeated calls have come from the Climate Change Committee, businesses and the independent net zero review for a statutory local duty on climate, which is what this amendment aims to introduce. The noble Baroness, Lady Parminter, referred memorably to the “NERC Act”, a phrase I had not heard before; I think I will call it the Natural Environment and Rural Communities Act, because it is perhaps a bit clearer. It links with the Environment Act 2021, and research on the implementation of it is clear—it exists but it is all terribly obscure, and people are not catching up with it. This amendment introduces something very clear and simple.

As the noble Baroness, Lady Young, said, this is a debate that we keep having, so let us bring in a climate duty. Your Lordships’ House has had some real success over the years in having impact on Bills. I can go back to the pensions dashboards Bill, which will predate quite a number of people sitting in this Chamber. It was the first Committee stage I ever worked on, and we were trying to get climate measurements into the pensions dashboard. We really need to get to the point where your Lordships’ House does not have to keep doing this Bill after Bill. I know the noble Lord is concerned about the rate of progress, but if the Government put this in at the start, we would save a lot of time in your Lordships’ House.

I want to make one other crucial point. Local authorities have clear statutory duties, including a growth duty under the Deregulation Act 2015. There is a real imbalance between the fact that they have this growth duty but not a duty to look after the environment, climate and nature. Whatever I may think about growth, if you do not have a healthy environment, if communities are being battered by heatwaves, floods and droughts and you are not doing the climate mitigation you need to do, then you are not going to get the growth. These two things have to fit together.

We are all well aware that different parties with different views are coming into local authorities now, but this is a communal responsibility. Loss of biodiversity does not stop at county or district boundaries; climate change does not stop there either. All local authorities must have the duty, so that everyone is looked after. We cannot allow some people a free ride.

[Lord Deben (Con)]

My Lords, this is a crucial amendment, not least for the reasons the noble Baroness, Lady Young, put forward. We are going to go on about this until we have an overall demand that this is how we think about matters. We have to recognise that unless we make all our decisions in the context of recovering our biodiversity and protecting our nation and the world against climate change, we are going to make a mess of the decisions we make. That is absolutely central.

I know the Government will be inclined to say it is already there—it is in the guidance, and it is all very proper—but I am afraid that there are many in local authorities who do not see this as the priority it ought to be. I really must ask the Minister to think seriously about the fact that every local authority at least must know that it has to think about things through this lens, because it is the most important lens for all of us.

I live in, and used to represent, a very agricultural constituency, and anyone who has seen the effect of the drought on all our farms at the moment will realise just how desperate the effect of climate change is, particularly for farmers who, only 18 months ago, could not get their crops out because of the water and could not plant because it was still too wet to do so.

People do not understand the impact of climate change today—it is amazing. I am upset and concerned that the good common view of all major political parties is beginning to be eroded. Only by working together are we going to solve these problems. It is no good just saying, “Oh well, we can put it off. We can’t do it by this or that time”. I congratulate the Government on sticking to the fact that we have to do this very quickly indeed. The trouble is that the timetable is not in our hands. We have allowed the timetable to be led by the fact that nature is now reacting to what we have done, and doing so in an increasingly extreme way.

I hope that the Government will take these amendments seriously and consider an overall view of this in a whole lot of other areas, so that we do not have to have this discussion on a permanent basis. Frankly, it ought to be the given for everything we do that we look at in the light of the fact of climate change. If there are Members of the Committee who have still not seen this, I remind them that it is necessary for growth. If we do not do this, we will not be a country in which people will invest, and we will not have new jobs or the kind of society, nature and climate that will be suitable not only for our children and grandchildren but for us. At my age, I can still say that we have to do this, otherwise the climate in which I will go on living will be increasingly unhappy for me, and for my children and grandchildren. Please accept this amendment.

[Lord Jamieson (Con)]

Amendment 187A, tabled in my name and that of my noble friend Lady Scott of Bybrook, seeks to probe the practical meaning of the new definitions, particularly the “achievement of sustainable development” and “mitigation” of climate change. Repetition signals importance; the fact that the same definition appears three times in such a short clause suggests it would carry significant legal and practical weight. That makes it vital that Parliament understands precisely what is meant. These terms, though laudable, are broad and open to interpretation. Without clear parameters, they risk being applied inconsistently by different authorities. If undefined, in unmeasurable or unenforceable terms, they could slip into the realm of aspiration rather than action, undermining their purpose as guiding principles for planning and infrastructure decisions. Ambiguity would not only weaken decision-making but could result in delays, disputes and costly appeals.

I appreciate that the Government’s Amendment 187 is not grouped here, but it is relevant. That amendment creates a new clause clarifying the relationship between different types of development corporation, ensuring that any overlap is resolved in favour of the higher tier authority. Will the Government consider committing to something similar in relation to these definitions, so that we secure the same kind of clarity and consistency?

--- Later in debate ---

A comprehensive legal framework requiring local authorities to take action on air quality already exists. Specifically, local authorities already have statutory duties relating to air quality in their local area, and under national planning policy air quality is a material consideration in planning decisions. The Government are committed to reducing the harmful health and environmental impacts of air pollution and will continue working with local authorities to achieve this. Given that local government statutory duties relating to air quality already exist, and the fact that many local authorities are already taking great strides in tackling the combined issues of environmental decline and climate change impacts, we do not think a statutory duty on local authorities to deliver environmental and air quality targets, climate adaptation and net zero is needed.

[Lord Deben (Con)]

The noble Lord mentions the local authorities that are doing the job but he does not mention the local authorities that are not. It would not do any harm to increase the pressure on them—it would do a great deal of good. I was a Minister for 16 years and I know the case he is putting forward. It is a very interesting case, normally pressed by civil servants, who say to the Minister that we really do not need this as we already have this, that and the other. I say to the noble Lord that it would not do any harm, and it may well do some good and might remind certain local authorities, such as Kent and Lancashire, that they ought to be doing this instead of doing exactly the opposite and saying that they are doing the opposite. This is the moment to remind them.

[Lord Wilson of Sedgefield (Lab)]

I very much appreciate what the noble Lord said, As I said, these requirements are a duty on all public authorities, and I am sure we will keep revising this. We know how important it is that we get this right. We will continue to press it with local authorities and all public organisations to achieve that end.

Amendment 187A, tabled by the noble Baroness, Lady Scott, seeks to probe the need to make additional climate change provision in respect of the new towns development corporation. This model is currently the only one that has any climate change objectives built into its legislation. Through the Bill, we are going further by including climate change mitigation and adaptation in the already existing aim to contribute to sustainable development and have regard to the desirability of good design. The same objectives will be replicated for all the other development corporation models which currently have no specific objectives in relation to climate change written into their legislative framework. Where development corporations are conferred the role of local planning authority for local plans, they will automatically fall under the planning legislation duties which place specific obligations in relation to sustainable development and climate change mitigation and adaptation. However, not all development corporations will take on the local planning role.

With this in mind, regardless of whether the development corporation takes on planning functions, they will all be required to meet this objective. The UK’s climate is getting hotter and wetter, with more extreme weather events. The effects of extreme weather and nature loss are already here and have impacted all our lives. But there are small wins which can have a big impact. By updating the current framework and making it consistent across the development corporation models and the National Planning Policy Framework, our message is clear that we will place sustainable development and climate change at the heart of all development corporations and guide the use of their powers.

I hope my explanation has reassured the noble Baronesses sufficiently, and I kindly ask them not to press their amendments.

Planning and Infrastructure Bill

Lord Deben Excerpts

Committee stage
Monday 15th September 2025 Lords Chamber

[Lord Fuller (Con)]

My Lords, I rise very briefly to support Amendment 214. My noble friend nearly said that we are no more than three meals away from societal breakdown, but we are—and, in the hierarchy of needs, food in the belly is the number one requirement. Land is the principal resource that provides bread, beer, biscuits, as well as broccoli, and they are not making land anymore.

I am concerned, because the land use framework that has been proposed by the Government contemplates that fully 9% of our farmland will be used for non-growing purposes. Your Lordships will have heard me say before, in respect of solar panels particularly, that it is beyond careless to allow the best land to be consumed for non-farmland purposes before the worst land is exhausted. Last year, the national wheat yield was down 20% on account of wet weather. This year, there is an impairment in many areas on account of the dry weather. The weather changes, but we cannot be careless about our food supply.

The better news is that we have recently heard encouraging noises from former Defra Ministers who belatedly realise that the risks of food security are greater than they have ever been. It is noteworthy that, while we no longer have a Minister for Agriculture, we have a Minister for Food Security, and I think we should all welcome that, provided that the title of food security flows through into recognising the importance to national security, ensuring that the greatest proportion of the food in this country can meet our needs.

I had a commercial meeting this morning with one of the UK’s largest participants in the agricultural supply chain in this country. Its agricultural director gave me what I felt was a stunning statistic, and I will relay it to noble Lords. He said that, over the last 30 years, the amount of arable farmland in this country has diminished by 30%. I questioned him: “You mean 1% per year, each year, for the last 30 years?”, and he said, “Yes, we used to count on a 15 million tonne a year wheat harvest, now we’re lucky to get 12”. These are big reductions with large consequences, so I enthusiastically endorse Amendment 214. If we are going to have a Minister for Food Security, doing this arithmetic is going to be an essential part of her task—how else can she benchmark her success? I think the amendment is fully in tune with the direction this Government are going in.

Had it been my amendment, I would have probably asked for the data to be embellished by an assessment of the underlying agricultural land quality—the ALC, or agricultural land classification—so that we could work out not just the number of hectares that are lost but how they apportioned between the best and most versatile land versus the lower ranks. I wonder whether the noble Lord might consider enhancing the amendment with agricultural land classification, if he sustains it on Report. Otherwise, I give it my full support in Committee.

[Lord Deben (Con)]

I very much want to support this amendment, because it is asking for information, and one of the problems we have in this country is that when we do not like the answers, we do not ask the question. That seems to me to be the fundamental issue here.

I am rather in favour of properly placed solar farms, but I use the wording “properly placed”. I also think that, in many ways, at least you can get rid of them. The problem with building houses is that you cannot, and I am very concerned about the way in which we constantly use greenfield sites instead of insisting on the development of already used land. I have to say that this Government have really not faced up to the reality, which is that the housebuilding industry does not like anything but a greenfield site and will take those long before it will try to develop inside our already used towns and the like.

This is not only bad for food security but bad for the environment, because it means that people, instead of living relatively hugger-mugger, able to live and move within the same area, have in fact to use transport to get anywhere. In Suffolk, where I come from, I see this all the time: more and more people are commuting from villages which have never had the jobs, and will not have the jobs, to towns increasingly far away. So, the issue of housebuilding is crucial, and we have not thought it through. Merely saying “1.5 million new homes over five years” does not actually face the real issue.

I declare an interest as a small organic farmer. I am very concerned about the failure of the Government to face food security. I am not sure that I myself would have chosen Angela Eagle for that job. The fact of the matter is that it is a very important job, but it is not one that is being faced up to. When I was Minister of Agriculture, I was interviewed by Peter Jay, the cleverest man in Europe, and he said to me, “I don’t know why we have a Minister of Agriculture, because we can always buy food elsewhere in the world”. That is the ignorant position, which I am afraid has been carried on either publicly or privately, and not only by this Government, but I fear by previous Governments too.

It is a serious matter that no member of this Cabinet has real agricultural connections of any kind. No member represents a fully agricultural seat, although I am pleased to see that the new Secretary of State for Defra—who is an extremely intelligent and useful addition to the Cabinet—has the most agricultural seat of any Cabinet Minister: Wycombe. Anyone who knows where Wycombe is knows that the agricultural bit is ancillary rather than central.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, this amendment, tabled by the noble Lord, Lord Hodgson of Astley Abbotts, seeks to require the Secretary of State to produce an annual report

“detailing the total area … of any land that has been taken out of food production as a result of the provisions of this Act”,

as well as an assessment of any increase in risk to the water and food security of the UK.

As noble Lords know, the measures in this Bill provide changes to the existing planning process to speed up housebuilding and infrastructure delivery. In other words, they are levers within an existing planning system. It is therefore impossible to measure whether any land use change from development is as a result of specific measures in the Bill. Furthermore, the Government already publish regular reports on land use change and food security. These include: statistics on land use change from agricultural land to residential use every three years; a report by Natural England on agricultural land take to development over the period 2013 to 2022, following previous reviews undertaken by Defra; annual analysis on agricultural land use change through the annual June survey of agriculture and horticulture; statutory annual analysis of agricultural statistics through Agriculture in the United Kingdom; and statutory analysis of statistical data relating to food security in the UK at least every three years. The Government therefore already have legal requirements to report regularly on matters relevant to food security in the UK.

To address the concern driving this amendment, I reassure noble Lords once again that the Government are clear that food security is national security. We absolutely understand that point, made powerfully by noble Lords during this debate. In July, Defra published the good food cycle as part of the UK food strategy. It outlined the development of work on sustainable, resilient domestic production of food. There are planning policy measures in place to ensure that non-agricultural land is encouraged over agricultural land.

As I have mentioned a couple of times already today, the National Planning Policy Framework also safeguards the best and most versatile land, which is land in grades 1, 2 and 3a of the agricultural land classification system. Where significant development of agricultural land is demonstrated to be necessary, areas of poorer-quality land should be preferred to those of a higher quality.

Furthermore, on the point made by my noble friend Lady Young, the Government consulted on land use in England from January to April this year. The responses are informing the preparation of the land use framework, which will be published later this year. It will set out the evidence, data and tools needed to help safeguard our most productive agricultural land.

The Government do not believe that new water resources infrastructure, such as new strategic reservoirs or local catchment solutions, will threaten food security. Of course, a successful agricultural sector depends on access to secure water supplies, and the National Farmers’ Union and farmers are working with the Environment Agency and water companies to help us develop water resources.

The Government also do not believe that the accelerated rollout of solar generation poses a threat to food security. As of the end of September 2024, ground-mount solar PV panels covered only around 0.1% of the total land area of the UK. The Solar Roadmap also sets out how much land we estimate could be taken up by solar farms as part of our clean power 2030 commitment. Even in the most ambitious—

[Lord Deben (Con)]

The Minister has said “the Government do not believe” three times now. Would it not be a good idea to check whether or not their belief was true? She also said something really frightening. She said, “Because this Act is in addition to other things, it is impossible to see what its effect would be”. What kind of legislation can it be to put before the House when the Government cannot tell what its effect is, nor are prepared to measure what its effect is when it takes place? I find this very difficult to understand.

[Baroness Taylor of Stevenage (Lab)]

I set out for the noble Lord all the measurements already taken, in respect of the take of agricultural land. That is an important part of the system. As regards solar generation, the Solar Roadmap sets out how much land we estimate could be taken by solar farms as part of our clean power 2030 commitment. Even in ambitious scenarios, we expect only up to 0.4% of total UK land to be occupied. Solar farms can operate alongside farming activities but, to answer noble Lords’ points about the provision of solar on non-domestic buildings, we will be setting that out shortly, as we have done already for domestic buildings. For these reasons, I ask the noble Lord to withdraw his amendment.

Planning and Infrastructure Bill

Lord Deben Excerpts

Report stage
Monday 20th October 2025 Lords Chamber

[Earl Russell (LD)]

My Lords, I support Amendment 20A in the name of the noble Lord, Lord Ravensdale. We welcome this amendment; it is a well-judged and timely proposal which will give practical effect to the commitments Parliament has already made in law to achieve net zero, protect biodiversity and promote sustainable development within the planning system and nationally significant infrastructure projects.

In essence, this amendment is about coherence—ensuring that the way we plan consents and deliver low-carbon infrastructure genuinely aligns with the environmental and climate obligations this country has already bound itself by. At present, there remains a troubling gap between our statutory climate targets and the machinery through which we approve major energy projects. The Planning Act 2008, however good it is, pre-dates our key climate primary legislation. This amendment would help bring the planning regime for major projects into line with a more modern legislative landscape. It would create a new Section 35E, placing a duty on the relevant authorities—conservation bodies, the Environment Agency and others—to have specific regard to four key objectives when they make representations on nationally significant projects.

I will not detain the House any longer, but we support this sensible amendment.

[Lord Deben (Con)]

My Lords, I support this amendment. It seems that all the experience we have is that there is not coherence where there ought to be. I thank the Minister for her earlier willingness to react to the House and show that she was able to make the changes the House asked for. I hope she will say to her colleagues how much it helps the Government if we feel that they listen on things which are not party political but about how best to organise ourselves.

With the range of regulators we have, it is crucial to get coherence. I believe that we all know we have not got it at the moment. The amendment from the noble Lord, Lord Ravensdale, may not be ideal—I do not think he sees it in those terms—but it seeks to get from the Government a coherent programme for coherence. We all know that every day the urgency that climate change forces upon us gets more and more obvious. I have just come back from Northern Ireland, where businesses right across the board were saying how important that was and—I have to say to my noble friend—pointing out how unacceptable it is to try to change the architecture we have to try to deal with this. That architecture will work much better if we get a greater coherence across the board.

Therefore, I hope the Minister will be kind enough at least to give us some understanding of the way in which the Government hope to bring about that coherence and, in that, give us something about dates and times. I was a Minister for rather a long time and I know perfectly well that it is very easy to promise in general about the future almost any nice thing but what really matters is when and how it is going to be done.

[Baroness Scott of Bybrook (Con)]

My Lords, Amendment 20A, tabled by the noble Lord, Lord Ravensdale, was considered in Committee. A number of questions were asked, and I think a number of questions remain unanswered. While we fully recognise the importance of sustainable development, we are not persuaded that this amendment is necessary. It appears to us that the Government already have—or should have—the tools they need to guide public bodies in their engagement with the development consent order process, and I think we are satisfied that these powers are sufficient.

Planning and Infrastructure Bill

Lord Deben Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the two noble Baronesses who have just spoken, demonstrating the breadth of support for this set of amendments around the House. As the noble Baroness, Lady Willis, said, to paraphrase, this is a common-sense set of measures which are not big-P “political” at all—it just something that obviously needs to be done.

I am speaking to Amendments 70 and 81, to which I attached my name, and for my noble friend Lady Jones of Moulsecoomb, who tabled Amendments 86, 120, 121A and 121B. Briefly, on the first two, we have to set the context. A week ago, the Committee on Climate Change told the Government that we have to be preparing for 2 degrees of warming by 2050. Even more critically perhaps, in the context of this Bill, the Government and the country have not yet adapted to the levels of warming that we already have.

As in so many other areas—not just flooding but heat and cold—we are building homes that immediately need to be retrofitted, or homes that are setting people up for months, if not years, of misery. If a home was flooded and we had the kind of measures proposed by Amendment 70, it would be possible to clean the home up and, potentially, for people to move back in quite quickly. Without those measures, there are issues around the cost of insurance and months or even years of misery before there is any way that the home is occupiable again. We should not be building homes in that condition, and where homes are being retrofitted it should be to prepare them for that.

Those are my views on Amendments 70 and 81. I spoke extensively in Committee on Amendment 81, so I shall just repeat: the flood plain is not beside the river; the flood plain is part of the river.

My noble friend’s amendments are about the other side of this issue. They do not deal with the flood-water rushing down the river, the surface water that is rushing off the hard surfaces that is so typical of many areas, or the impounded soils that reflect so much of our land management now. This is saying that we should catch that water and use it in the right kind of way. It is talking about having infrastructure systems that have sustainable harvesting—we talked a lot about water butts in Committee—in order to distribute fit-for-purpose water among residents. It makes no sense at all that we still use massive quantities of expensive—in both financial and energy terms—treated drinking water for purposes where we do not need anything like that quality.

These amendments are also about reducing costs. We have a cost of living crisis, so if we can use free water rather than water that we have to pay for, that would be a win-win all round. Similarly, Amendment 120 is about water efficiency and making sure that the design minimises the amount of water use. These are all practical things and it is hard to see any reason why anyone could argue that they should not be in the Bill.

[Lord Deben (Con)]

My Lords, I remind the House of my registered interests, particularly that I chair a company that advises people on sustainability, and water is central to that.

I want to encourage the Government to move on this subject. I hope that they will allow me to do so by pointing out that the previous Government still have to explain how they managed to get rid of the regulations that would have meant that, instead of building 1.5 million homes that are not fit for the future and that have to be retrofitted, we reduced the opportunities to make our building code insist that, when people sell a house, it is fit for the future. This is a wonderful opportunity for the present Government to show that they have changed that way of looking at things and I am very surprised that they have not done so on this central issue of water.

We know what will happen. There are not many things in life that are certain, but one is that we will have too little water at some times of the year and far too much water at other times of the year. Therefore, I wonder why the Government have not jumped up to say how good these amendments are and that this is exactly what we should have. I do not always agree with the noble Baroness, Lady Bennett, but I agree with her comment that this is obvious: this is what we should be doing and there should not be any argument about it. So why are we not doing it?

When I was chairman of the Climate Change Committee, one of the problems we faced was that the adaptation side did not have the same statutory role that the mitigation part had. There is no doubt that, historically, we have not adapted fast enough, so we need to adapt very much faster.

I say to the Minister: if we do not start putting right the new houses, when we have such a long history of old houses that will have to be done, all we will do is build a greater problem for ourselves and our children, and that is unacceptable. It is much more unacceptable for the Government to say that designers “may” use the best advice. The problem is that, if they do not use the best advice, people will sell houses to others who will have to pay the cost of retrofitting. The housebuilders are therefore making profits by taking the money and not building houses that are suitable. It is the duty of the Government to insist that the standards are such that, when you buy a house, you can rely—at least for some reasonable time—on it being proper and fit for the future.

I hope that the Minister will be extremely generous in her acceptance of these amendments and, if not, that she will promise to come back with amendments that will do what—as the noble Baroness, Lady Bennett, said—everybody needs and knows needs to be done.

[Baroness Grender (LD)]

My Lords, I thank the noble Baronesses, Lady McIntosh, Lady Willis, Lady Bennett and Lady Jones, for resuming this all-important discussion we held in Committee. Indeed, many of the amendments aim to define whether the Bill meets the climate reality of what is happening today or continues to repeat the mistakes of the past.

Amendment 70 strengthens the requirement that planning decisions consider cumulative flood risk. Too many developments are still approved on already saturated land, leaving new residents vulnerable and the taxpayer to pick up the cost of recurring floods. As our colleague in the Commons, Gideon Amos, argued:

“Nobody should have to deal with that raw sewage coming into their home and garden”,—[Official Report, Commons, 12/3/25; col. 416WH.]


when flood-waters surge. However, this remains a lived experience for thousands today, because sustainable drainage rules have not been made mandatory. Amendment 70 ensures that flood plain development decisions properly account for these realities.

Amendment 81 would require local plans to align with catchment-wide flood mitigation strategies. That is long overdue. After all, flooding has no respect for, or understanding of, council boundaries, so planning policies must be equally joined up to match that. The amendment would prevent the patchwork approach that critics have warned has left entire communities at risk.

Amendment 86 focuses on sustainable drainage systems —SUDS—echoing the unfulfilled recommendations, as mentioned by the noble Baroness, Lady McIntosh, of the Pitt Review from 2008; and on our own Benches there is a long-standing call to commence Schedule 3 to the Flood and Water Management Act 2010. These systems manage rainfall where it lands, reduce sewage overload and help alleviate combined sewer overflows, reducing the unacceptable discharge of sewage which has been witnessed so often in flood events.

Amendments 120 and 120A shift focus from drainage to water efficiency and the long-term supply. They would require the Secretary of State to issue national guidance promoting water reuse, rainwater harvesting, greywater systems and distributed storage at development scale. These are pragmatic, tried and tested approaches to reducing both flooding and water scarcity—two sides of the same crisis which increasingly confronts so many of our UK communities.

Taken together, all these amendments turn abstract sustainability pledges into enforceable planning duties, at a time when the Government’s own reviews have concluded that the current policy is simply not working. We on these Benches believe that these fixes are essential, not optional. Our planning system must no longer treat flooding as an afterthought but as a central test of responsible design. I look forward to hearing the Minister’s response to these very useful amendments.

Planning and Infrastructure Bill

Lord Deben Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Baroness Maclean of Redditch (Con)]

My Lords, I want to make a few remarks on Amendment 121G in the name of my noble friend Lady Neville-Rolfe. I also support Amendment 117 in the name of the noble Lord, Lord Foster of Bath, on gambling premises. I am a former MP who represented a town centre, Redditch, where we often saw these challenges in maintaining a healthy mix of shops and businesses. Thinking about planning decisions on a holistic basis would have been very beneficial. These challenges cannot be fixed by planning alone, but planning can play a part.

Turning to Amendment 121G, I declare my interest as someone who was a small business owner and an entrepreneur for more than 30 years. I thank my lucky stars that that was not in the construction sector because, honestly, that is one of the hardest sectors to operate in—particularly for a small business. When I was the Housing and Planning Minister, I spent a lot of time with small and medium businesses. It was really difficult to hear their stories, which were often frustrating, heartbreaking and tragic. Ultimately, we as a country are losing out if we fail to support and nourish these incredibly hardy and resilient people. Many of them are at risk of losing their livelihoods; in fact, some recent statistics suggest that around half of SME construction businesses are at risk of insolvency by the end of this Parliament. That is why I support this amendment.

What my noble friend Lady Neville-Rolfe has put forward is very sensible. She makes the point that, too often, the system defaults to one-size-fits-all requirements, which land heaviest on smaller firms. We talk about the NPPF. It has 76 pages and is relatively concise, I agree, but it sits on top of a very large and complex ecosystem of guidance. This is one of the concerns that businesses repeatedly raise: the real burden lies in all of that additional guidance, not just in the 76 pages of the NPPF. Volume housebuilders can navigate such things easily, but it is not so for SMEs. For instance, negotiating Section 106 agreements hits them disproportionately harder, on top of all of the cost burdens that they face.

Anyone who has been a local representative—whether a councillor or a Member of Parliament—knows well that opposition exists to virtually all housing of any kind, no matter where it is. However, in my experience, SME local builders with roots in the community are in a much better position to overcome these hurdles and contribute to desperately needed housing.

In conclusion, these are practical amendments that support local authorities to plan for places in which families want to live, shop and invest.

[Lord Deben (Con)]

My Lords, I support the amendment in the name of the noble Lord, Lord Foster. I am appalled by the statement read to the House by the noble Baroness, Lady Bennett. Noble Lords have to understand that it is very embarrassing for me to be on the side of the noble Lord, Lord Foster, and the noble Baroness, Lady Bennett, but I have to say that what she just read out shows what a disgraceful industry this is and how much money is being made out of the poorest and most deprived places.

I have lived with this problem for many years. My father was a clergyman in one of the worst slum areas of Britain. He always said that gambling was much more damaging than drink or any of the other things to which referred. It was particularly damaging in his parish, which contained a large number of military personnel, both retired and present.

I hope that the Minister will not make the speech that I suspect I might have had written for me as a Minister. It goes like this: “This is a planning Bill, and this amendment refers to the licensing duties of a local authority. I know that we already said that it was more appropriate for licensing authorities than the Planning Bill but, because this is a planning Bill, we really believe that it should be left for a different piece of legislation”. Yet the Government have said that they will make these changes immediately when there is some opportunity in Parliament to do it.

This amendment is an opportunity. What is more, it has been shown to be within the long title of the Bill, so, if the Minister says that it cannot be done because it is not appropriate, I will have to say to her that I do not believe the House should accept that. The House should simply say that it is clearly appropriate and that this is a clear opportunity. If the Government do not support that, I say something very tough to them: this is about the very people whom this Government are always banging on about and are supposed to be supporting. These are the people who are most at risk from the bloodsuckers who run the gambling industry and know what they are doing. They are applying to the very people who are most vulnerable and from whom they get most of their money.

I say this to the Minister: there is a growing anger around the country at what is happening and at the vast sums of money that some of the people who own these companies make. The biggest payer of income tax in Britain runs a betting company. That says something deeply offensive about our society; I do not believe that any of us should stop the battle to change this.

I wish also to say one thing about my noble friend Lady Neville-Rolfe’s amendment. I hope that the Government will not say that it is not necessary to make the point about small businesses. My noble friend has concentrated on the construction industry but, very recently—in the past three years—I applied to the local authority to change a residential building back to what it had originally been since 1463: a public house.

That piece of planning change for a very small business —I do not know what I was doing starting a small business at my age, but there we were—for the benefit of the community, took a year. It was the year in which construction prices rose faster than they had for generations. At the end of that year, the cost of what one was trying to do for the community was significantly greater than at the beginning. The reasons for holding it up included the conservation officer complaining that we were going to use second-hand pamments and bricks; we were obviously going to do so because that is my attitude to these things. My architect said, “My client is strongly concerned about climate change and wishes, therefore, to use second-hand materials”. He got back from the conservation officer a note that said, “I don’t care about climate change; I’m interested only in conservation”.

Even if you know something about these things, it is very difficult to put up with a year of that kind of conversation. I merely say to the Minister that it is essential that we have in this Bill a clear statement that small businesses must be treated with the consideration that they do not have the means to do things that big businesses have. I really hope that we can resurrect small construction businesses, but we will not do that unless they have special understanding as far as planning is concerned.

[Lord Jackson of Peterborough (Con)]

My Lords, I will be brief; I had not intended to speak but I want to say a few words.

First, I completely agree with my noble friend Lady Neville-Rolfe’s excellent amendment; I pay tribute to her persistence and indefatigability in defending small and medium-sized enterprises. However, I find myself agreeing with my noble friend Lord Deben—not always a common phenomenon—and with his excellent, passionate remarks in support of Amendment 117 in the name of the noble Lord, Lord Foster. I say this only because my own experience leads me to believe that we have a responsibility to ensure that there is balance and fairness in the planning system between betting companies, which have significant resources at their disposal—in particular, legal resources—and planning departments, which are often in small local authorities and do not have the capacity to push back against some of the planning policies that allow betting companies to put fixed-odds betting terminals in very deprived areas, for instance.

I raised this issue when I had the privilege of serving in the other place with, among others, my right honourable friend Iain Duncan Smith, the Member of Parliament for Chingford and Woodford Green. As a communitarian, not a libertarian, I believe that civic society is about protecting those people who are most likely to be the victims of market dysfunction. This is another example of market dysfunction. It is zeroing in on people who have very little money; advantage is being taken of them. This is not a draconian proposal to close down betting shops, gaming arcades and other facilities; it is about redressing the balance to allow there to be a cumulative impact assessment on issues around adult social care and on the depression, illness and penury, frankly, with which many people suffer; I saw this in my constituency of Peterborough a number of times.

You do not have to be liberal, anti-capitalist or anti-free market to support this amendment. It is about fairness and equity, treating people equally giving planning officers, in our local councils and on planning committees, the weapons to make a reasoned, fact-based case for preventing development that would be undesirable and damaging to their local communities. It is on that basis that I support the noble Lord’s excellent amendment. I hope that the Minister will give it a fair hearing, because it is well thought through and considered. I know that my Front Bench will do a similar job in analysing the amendment. I think there is consensus that fair play should be at the heart of this and that planners need weapons to deal with potentially very unsuitable developments.

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[Lord Jamieson (Con)]

I believe I have made our position very clear, and we will hold the Government to account.

[Lord Deben (Con)]

Before he sits down, will my noble friend accept that he has not made the position clear? The Benches behind want to know why we are not supporting this but merely giving the Government yet another chance to get off the hook. Can we not be a bit tough and actually do what we are here for—to oppose them when they have got it wrong?

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

I am loath to explain the Legislation Office’s rationale. I am surprised that the amendment was allowed for the planning Bill, but we are where we are. I am trying to respond as straightforwardly as I can: we want to put this cumulative impact assessment in as quickly as we can, but we do not believe that this Bill is the right place for it. We want to put it in a Bill where it is in scope and will do that as quickly as possible.

[Lord Deben (Con)]

Can I help the Minister on this? Why does she not just say that she will accept this in the same terms as the regulations on alcohol? Then she would not be promising anything that is not there. Frankly, it is very worrying for us that she cannot accept, having listened to the debate, that the Government have got the measurement of scope wrong and have said something about gambling which, if it were true, would mean that the present law on alcohol is wrong. I am sure that she does not mean to say that to the House. Therefore, is not this the moment for her to say to the House: “I will take this away and come back having looked at it”? In that case, we would not need to have a vote on it, which would be much more sensible.

[Baroness Taylor of Stevenage (Lab)]

This is Report, and I believe that the Government’s position that this should be related to licensing and not planning is right, so I will hold my line on it. I know that that will be disappointing to the noble Lord, Lord Foster, but it is very important that we take the issue of cumulative impact assessments as part of the licensing regime. We will endeavour to bring that forward in an appropriate way when the relevant legislation comes forward.

I turn to Amendment 121G, which seeks to ensure that public bodies discharging duties under this Bill pay consideration to the difficulties faced by small and medium-sized developers when engaging with the planning system. I am grateful to the noble Baroness, Lady Neville-Rolfe, for her strong championing, as ever, of this sector. I share her passion for ensuring that we do all we can to support it. I also commend the work of my noble friend Lord Snape on the APPG for SME House Builders; he continues to keep me informed on the concerns and challenges within the sector. I welcome the recent launch of its report setting out all the issues that they are facing and what the Government can do.

The Government are committed to increasing support across the housebuilding sector, especially for SMEs. SMEs have seen their market share shrink since the 1980s and this long-term decline raises concerns about the sustainability of the construction sector and the loss of weaker firms weakening market diversity and resilience. I gently point out to the noble Baroness that there was a period of 14 years when her party was in government and might have looked to support the sector a bit better during those years.