English Devolution and Community Empowerment Bill

Lord Jamieson Excerpts

Thursday 5th March 2026 Grand Committee

[Baroness Pinnock (LD)]

My Lords, the difficulty the public have with the word “consultation” is that they often dismiss it as being a mere sop by those who want to change the order of things, whatever that might be. Consultation is frequently used; it is a basic part of the planning process. Often, members of the public make representations based on planning law, the NPPF and local plans, but nevertheless the developers overcome those objections. It is the same with changes to the structure of local authorities. Consultation has become, “You can have your say, but in the end you’re going to be overruled”.

With something as serious as this, where land has been donated for public use for many years and held in trust—a word we need to reflect on—for public use, it should not be easy to remove that public trust, in effect removing the public from the trust. In my view, using a device called consultation is totally inadequate in those circumstances. There ought to be a different way of determining whether land should be taken out of that protection.

[Lord Jamieson (Con)]

My Lords, this is an issue that we remember well from debating the Planning and Infrastructure Bill, now an Act. I am pleased that the Government and my noble friend Lord Banner have been able to work together on this and have, I believe, come to an agreed position. I am also grateful that my noble friend has been able to lend his significant expertise to the drafting of Amendment 222C to help find a solution. However, as we are only in Committee, we will need a little more time to go through it thoroughly before we consider giving it our support.

In the meantime, can the Minister please update us on the wider review of existing protections, so that communities, local authorities and developers can have clarity about when and how land is protected, which she committed to during the passage of the Planning and Infrastructure Bill? Has this review been conducted? If so, what was the outcome and has it been published? If not, when will it be conducted?

We are also aware of the impact of the Supreme Court judgment in the Day case. That needs looking at in detail. Will the Government look into the case of Wimbledon specifically, given the enormous importance of Wimbledon to our national sporting life and the contentious issues at stake? Would a targeted inquiry into that case be appropriate? I would be grateful if the Minister could give her view on these points.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank everybody for their patience while we have had to adjourn the Committee several times for voting. I thank the noble Lord, Lord Banner, for his Amendment 222C and for his engagement on this matter. I thank all noble Lords who have spoken in this debate. I thank the noble Lord for his very careful consideration and constructive efforts to address the issue at hand. We need a mechanism to close this lacuna in the law, while ensuring balanced decisions can be made in the public interest. In my view, Amendment 222C does just that.

As the noble Lord, Lord Banner, set out, and as we discussed during debates on what is now the Planning and Infrastructure Act, there is currently no way of releasing such statutory trust if the statutory advertisement procedure is not followed. This means that the land is bound by the trust in perpetuity, which can risk holding up important developments that may be in the public interest—for example, the building of important new amenities and facilities for the local community. The amendment would provide a practical solution to this issue, while still ensuring that balanced decisions are made in the public interest. The noble Lord helpfully set out the safeguards enshrined in the qualifying conditions, which the Secretary of State will have to consider to make a discharge order.

The issues around community rights are, of course, very important. The noble Baroness, Lady Pinnock, raised this but the amendment would embed a robust public interest test and significant transparency safeguards. Before any statutory trust discharge order can be made, the Secretary of State must be satisfied that all six of those qualifying conditions are met, including full compliance with the new publicity requirements and a broad public interest test. I remind the Committee that the conditions are: nature conservation, landscape conservation, public rights of access, features of historic interest or archaeological remains, development proposals, and economic, environmental or social benefits, which the order would facilitate, if made. This is a transparent, evidence-based process and it would ensure that trusts can be discharged only where it is demonstrably in the public interest to do so.

The purpose of Amendment 222C is to provide clarity for those who are already impacted by this lacuna in the law. It does not address past failures to follow the advertising procedure. However, it places additional requirements on local authorities to co-operate with the Secretary of State to identify if this procedure has not been followed. Most importantly, the application process and advertising procedure in the amendment would maintain the core elements of the Local Government Act 1972 by ensuring that communities have opportunities to make representations, should they object to the release of the statutory trust held for public recreation.

The proposed amendment also provides that a statutory trust may be released only where this is in the public interest, which the advertised provision in the Local Government Act does not specify. I feel that, to some extent, the noble Baroness, Lady Pinnock, has misunderstood the narrow focus and purpose of this amendment, and the rigorous guardrails that have been placed around it. We need a method of resolving an issue. This amendment effectively allows that public consultation to be responded to in a Secretary of State process where it has been omitted originally.

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[Lord Foster of Bath (LD)]

My Lords, rather like the noble Lord, Lord Hampton, I apologise for being a Johnny-come-lately, having left my noble friends to do all the heavy lifting on this Bill. I have come to raise only one issue: the concern that many of us have about the prevalence of gambling premises on our high streets.

In raising that issue, I declare my interest as the chairman of Peers for Gambling Reform and the chair of Action on Gambling. Many noble Lords will be aware of the serious concerns about the large number of gambling premises, particularly betting shops and adult gaming centres, on many of our high streets. Only a few weeks ago a Minister wrote in a Written Answer:

“Some high streets have become increasingly dominated by certain types of premises—including gambling establishments—which don’t always meet the needs of their communities. According to the Gambling Commission, the number of adult gaming centres (AGCs) rose by 7% between 2022 and 2024, with additional data showing that AGCs are most concentrated in areas of higher deprivation”.


That last point was confirmed by the NHS’s Office for Health Improvement and Disparities, which confirmed that the most deprived local authorities have three times more gambling premises per head of population than the least deprived local authorities. Research shows not only very clear links with increased crime but, crucially, higher levels of gambling harm and all the problems that brings to the individuals, their families and their communities.

As a result, communities across the country have been demanding that local councils take action to stop the proliferation. But, as has been seen in many council areas—Peterborough, Brent and numerous others—they have come up against a stumbling block: Section 153 of the Gambling Act 2005. This is the so-called aim to permit section, under which the default position that councils have to take is that they must permit the use of premises for gambling unless there are specific reasons not to do so. Councils that have tried to stop new gambling venues have often had lawyers from the very powerful and wealthy gambling companies to contend with and have always ended up losing.

No wonder Brent Council, which has been leading a group of councils to try to bring about change to get more power, has come up with a little card pointing out that it is easier to block a fast food joint opening next door to a school than it is to stop a high street casino next door to a homeless shelter. Quite simply, planning and licensing authorities need additional powers to regulate the circumstances in which they authorise or reject premises being used for gambling.

On numerous occasions the Government have said that they wanted to do exactly this. The Pride in Place strategy, published on 25 September 2025, said:

“We … want to empower local authorities to curate healthy, vibrant public spaces that reflect the needs of their communities”.


It reaffirmed the Government’s commitment

“to strengthen councils’ tools to influence the location and density of gambling outlets”.

That is a clear commitment and has been repeated by the Prime Minister and other Ministers time after time. Sadly, the answer has been not to rule out the aim to permit but to come up with another solution. This alternative way forward was based on the solution to a problem that used to exist when there was a growth in the number of premises selling alcohol, and it is the basis for my amendment today.

That solution enabled local authorities to review and consult on the number and impact of the existing relevant premises, including pubs, in a particular area. Are there too many? Are there enough, or could we have some more? That was called a cumulative impact assessment. If that CIA concluded that there were already enough pubs in an area and that an extra one would harm the well-being of the community, it could be used to reject a licence for an additional one.

That idea of a cumulative impact assessment being used for gambling premises was picked up by the Conservative Government when they were in power. Their White Paper on gambling said categorically:

“We will align the regimes for alcohol and gambling licensing by introducing cumulative impact assessments”,


for gambling licences,

“when Parliamentary time allows”.

The new Government have come to the same conclusion. The Prime Minister announced that it is the Government’s intention to introduce cumulative impact assessments when parliamentary time allows, and Ministers have used it time after time in answers to Written Questions.

During the passage of the Planning and Infrastructure Act, I argued that it provided the necessary parliamentary time, so I introduced an amendment that would have provided CIAs for gambling licences. The Government accepted that it was a great idea and they really wanted to do it, but told me that that was not the right Bill to do it in. I was confused at the time as to why that was but nevertheless accepted it. I am very much hoping that we have another Bill which is the right Bill in which to do it. My Amendment 235F would therefore bring forward, as I have done previously, the giving of the power to local councils to use cumulative impact assessments to address, where it is appropriate, concerns about additional gambling premises coming to a particular area.

I hope the Minister will agree at least in principle to the amendment. If she is in any way unhappy with any of the details, I hope she will agree to work with me and other interested parties so we can resolve them and bring back an amendment that is acceptable to all parties at a later stage in the Bill, therefore giving councils the additional powers they need to curb the proliferation of gambling venues with all the problems they can create on our high streets.

[Lord Jamieson (Con)]

My Lords, I thank the noble Lord, Lord Foster of Bath, for his amendment. Having listened to his arguments, I believe he is right that local authorities should not only have the ability to but should take into account cumulative impact before deciding on planning applications for gambling premises.

This would not be an outright ban on premises being used for gambling, nor would it encourage local authorities to come to a particular conclusion or other. Rather, this would allow councillors to make a reference to cumulative impact assessments and adopt an evidenced-based approach on planning matters. Local authorities should be empowered to respond and make planning decisions according to their communities’ needs, and they are best placed to interpret the evidence and act proportionately. I look forward to hearing the Minister’s response.

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Lord, Lord Foster, for his amendment, for all the work he continues to do on tackling gambling harms—it is much appreciated—and for raising this very important topic. I assure him the Government are committed to introducing cumulative impact assessments for gambling licensing. Once introduced, these will help local authorities take evidence-based decisions on premises licences, particularly in areas identified as vulnerable to gambling-related harms. They will also create a presumption against new gambling premises licences being granted in specific areas. As the noble Lord, Lord Jamieson, said, this is not about banning gambling premises; it is about assessing the harms and being able to deal with those.

Anyone who has been a councillor will know the issue, how this works and how it can cause detriment to high streets, so I absolutely support the spirit of the noble Lord’s amendment. As drafted, it would introduce cumulative impact assessments to guide planning decisions. However, the cumulative impact assessments will be most effective for local authorities when specifically applied to the licensing process and licensing applications, rather than simultaneously applying to planning and licensing. This would match the approach already taken by licensing authorities when using cumulative impact assessments in relation to the licensing of alcohol premises, which the noble Lord mentioned. The planning and licensing regimes are separate legal frameworks. This amendment risks creating inconsistencies between a local authority’s planning process and licensing process.

The amendment tabled by the noble Lord would require the planning authority to consider a cumulative impact assessment published by the licensing authority during the planning process. By granting this power to the planning authority, the amendment risks conflating the licensing and planning regimes. The noble Lord is quite correct to say that licensing is in the scope of the Bill. However, this amendment would not allow local authorities to use cumulative impact assessments in the most suitable and effective way and risks creating conflict between the planning and licensing regimes. That is our concern.

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[Lord Jamieson (Con)]

My Lords, I have listened carefully to the valuable contributions of noble Lords in this debate and I thank the noble Lord, Lord Ravensdale, for bringing this amendment forward. As has been highlighted, local area energy plans could be helpful in addressing how local energy infrastructure can cope with the pressure of increased housing and commercial targets from central government in the context of a changing energy environment in their local areas.

Paragraph (d) would also require that the Secretary of State’s report includes,

“proposals for funding, technical support, training, and capacity building initiatives”

to ensure that local authorities are capable and well-equipped to introduce local area energy plans. In addition, the amendment insists on clear evaluation, criteria and success metrics for any pilots carried out.

I commend the noble Lord on his amendment, which rightly recognises that authorities must have the means to ensure that the local energy infrastructure can meet the needs of economic and housing growth and provide resilient energy. However, I would hesitate before introducing a statutory requirement for local area energy plans. If we are serious about community empowerment and trusting local representatives to determine what is right for the areas, it should be up to individual local authorities to set targets for which local area energy plans might be needed. There is also the question of the resources and powers that would be given to local authorities, without which plans would be undeliverable.

Finally, and crucially, energy systems are part of a broader national energy system, where all parts must work together in an integrated manner. This cannot be looked at in isolation, although those plans will obviously be a hugely helpful contribution. I look forward to the Minister’s response.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Ravensdale, for Amendment 241 and for meeting me to discuss his proposals. The Government continue to work in partnership with local government, recognising the important role that local authorities play in reaching net zero and achieving our clean power 2030 mission.

We recognise that in support of local and national net-zero targets some local authorities have developed local area energy plans and have found them very helpful. We also welcome the work that many local authorities have already undertaken to incorporate planning for future energy needs into work such as the development of local growth plans and their contribution to the development of regional energy strategic plans.

Perhaps there has been a slight misrepresentation of the fact that there is no co-ordination to this. It is being co-ordinated. In fact, NESO published the transitional regional energy strategic plan on 30 January 2026. These plan for energy needs over the next few years at a regional level but include a lot of energy-related data at a lower super output area—that is, neighbourhood level. This will influence business planning for distribution network operators across the country. NESO recently consulted on the methodology for enduring regional energy strategic plans, which will be developed in partnership with local communities and implemented by the end of 2028.

However, the amendment, as drafted, risks duplicating or constraining current activity in this area. For example, the recently published transitional regional energy strategic plans contain a wealth of data on energy at local authority level and neighbourhood level as well as an assessment of regional energy infrastructure need consistently across all regions.

The local net-zero hubs have also worked with Energy Systems Catapult on Ready for RESP to support local and regional stakeholders to help deliver energy system planning aligned with investment plans and planning needs. This work included updating which places have already developed local area energy plans. Local net-zero hubs’ most recent report, published on 5 February, sets out some of the strengths and weaknesses of different approaches to local decarbonisation plans. I welcome that as a very helpful approach to take. In parallel, the Government are aware of work undertaken by the Local Government Association to consider options for a statutory duty that we plan to discuss at a future, ministerially chaired, local net-zero delivery group.

We are sympathetic to the points raised in this debate and in previous debates on energy planning by the noble Lord, Lord Ravensdale. We are yet to be convinced that a national statutory requirement to produce local area energy plans would support local authorities rather than reducing their flexibility to produce plans that meet their needs. We continue to discuss with the Local Government Association and others the benefits of statutory duties on net zero, and we will continue current research in this area. I hope that, with these reasons and explanations, the noble Lord, Lord Ravensdale, will feel able to withdraw his amendment.

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By opposing this clause and Schedule 34, Baroness Scott of Bybrook seeks to remove the ban on upward only rent reviews.

[Lord Jamieson (Con)]

My Lords, I shall speak to the stand-part notices and the amendment in the group in my name and that of my noble friend Lady Scott of Bybrook. Our intention is to oppose Clause 85 and Schedule 34, which seek to abolish long-standing, upward-only commercial rent reviews, standing part of the Bill, while Amendment 254 proposes a review of the market impacts of rent review provisions. I speak with a deep concern for the stability, liquidity and long-term health of the commercial property market and for the businesses, pensions, investors and communities who depend on it.

Clause 85 and Schedule 34 would enact an outright ban on upward-only rent reviews in new and renewed commercial leases. This represents one of the most interventionist market reforms in modern commercial leasing, yet it arrives without the benefit of any industry consultation. The British Property Federation has been clear that it does not support the Government’s blanket ban and expresses its concern about the absence of proper consultation. Why are the Government not listening?

The existing evidence is clear. Upward-only rent reviews have long underpinned confidence in UK commercial property as an investment asset. These proposed changes have caused widespread concern in the sector. We have heard that upward-only rent reviews provide vital income certainty and support property valuations by ensuring that rental income cannot decline mid-lease—an important factor for institutional investors and particularly lenders assessing long-term risk. Lawrence Stephens, one of the main real estate lawyers, notes that outlawing upward-only rent reviews will undermine the perceived security of rental income and place developers at a disadvantage when seeking finance—a consequence that risks delaying regeneration projects and suppressing new commercial investment. There is a significant concern that the Government’s proposed changes will have a widespread impact on market stability and investment confidence, affecting everything from property values to regeneration projects. Can the Minister please tell us whether the Government have taken this analysis into account and how they plan to mitigate it?

The likely effects of these measures on business tenancies that the Government claim to support cannot be ignored. Landlords will inevitably respond to this change by front-loading rents and shortening lease terms to protect themselves against the prospect of downward-only risk exposure. This would most significantly impact the very businesses that the Bill says it aims to help, especially those that require stability over the long term.

My opposition to Clause 85 and Schedule 34 standing part of the Bill reflects several key concerns: reduced investment in liquidity, threatening regional development; shorter lease durations with fewer stable long-term tenancies; higher initial rents, counteracting the Government’s aim of supporting the high street; increased financing costs, making commercial development harder to deliver; and a slowing down of regeneration projects across the country, especially in areas dependent on external investment, thereby hampering growth, which the Government say is their number one priority.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baroness, Lady Scott, for Amendment 234. I will start with the stand part notices for Clause 85 and Schedule 34.

Upwards-only rent reviews have been a long-standing issue for businesses throughout England and Wales. The British Independent Retailers Association and UKHospitality gave evidence in the other place about just how damaging the practice is and why they have campaigned for decades for the Government to take action. The practice of upward-only rent reviews has an invidious effect on the efficiency and accessibility of the commercial property market—not to mention the impact on our high streets and town centres that the noble Baroness, Lady Thornhill, outlined. It is designed to ensure that landlords and investors are insured against market conditions, but there is a cost to this, which falls chiefly on the business tenants left paying excessive rents when they are already stretched to breaking point, unable to invest or improve their productivity, or, in times of hardship, to keep the lights on or pay their staff wages.

Ultimately, these clauses make running a business less viable, damaging the competitiveness of the economy. Alongside reform of business rates, banning these clauses will help make commercial rents fairer and more efficient, help businesses invest and give them greater resilience to economic conditions. In recognition that these clauses can provide some security to investors, we have committed to consult on how caps and collars could be used. I reassure noble Lords that the Government intend to work carefully and closely with the property industry and others to implement this policy, help manage risk and maintain confidence in the market, without relying on one-sided mechanisms such as upwards-only rent review clauses.

I turn to Amendment 254. I understand the desire to consider the impacts of legislation once it has passed. However, 12 months is too limited a period to see the ban fully implemented and the market adjusted. The Bill’s impact assessment also finds that the ban is likely to have a net positive impact on the UK economy because it will make the commercial property market more efficient, reducing rents for tenants who can instead invest in their businesses and help keep consumer prices low. For those reasons, I hope that noble Lords will not press their amendments.

[Lord Jamieson (Con)]

I am grateful to both noble Baronesses for their comments. There may be a slight misunderstanding here. Our key point is that this is a very significant change to the commercial property market, and it has not been done with the industry. The Minister said that she would “work carefully and closely” to implement it. It would have been better to have worked closely and carefully with the industry in developing it. I agree with the noble Baroness, Lady Thornton. Our issue is with a blanket ban rather than looking at how we can come up with a potential system that works better for all parties. I am glad that she is more supportive of our amendment.

[Baroness Thornhill (LD)]

The noble Baroness, Lady Thornhill.

[Lord Jamieson (Con)]

I am dreadfully sorry; I apologise to the noble Baroness, Lady Thornhill. Can we have that officially minuted? I share those concerns. The key point is that we need something that works.

I wish to point out that upward-only rent reviews are nowhere near the biggest problem facing businesses up and down the high street. They are contending with devastating increases in business rates and are facing increased regulation, increases in national insurance charges and the effects of changes to the minimum wage. Although we would all like a higher minimum wage, it must be affordable.

The Government’s solution—tearing out a long-established market measure without proper consideration, without careful engagement with the sector and without understanding the consequences for investment and lending to commercial markets—is a high-risk strategy. The question today is not whether commercial tenants deserve fair terms—they do—but whether the proposal before us is the right one. There are too many uncertainties and risks that have been left unaddressed.

We will seek to revisit this issue on Report. I hope that, by then, the Government will have reflected on the concerns raised today and will come forward with proposals grounded not in assertion but in evidence, balance and economic reality. In the meantime, I beg leave to withdraw my clause stand part notice.

Clause 85 agreed.