Planning and Infrastructure Bill

Lord Khan of Burnley Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

Moved by

[Lord Khan of Burnley]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)]

My Lords, I would first like to extend my thanks to the many noble Lords with whom my noble friend Lady Taylor and I have already spoken about the Bill. I know that there is consensus in this House that the country could and should be better served: better served by more decent housing, with a better, faster process for agreeing what infrastructure is needed to support the communities we build; better, greener infrastructure to help the country meet its climate targets; a better deal for nature, which we know the public deeply cares about. Britain deserves better than the status quo, and it is for that reason that we have brought forward this Bill.

We have already delivered significant changes to our planning system in a revised, pro-growth National Planning Policy Framework. The Office for Budget Responsibility has forecast that these changes will increase our real GDP level by 0.2% by 2029-30—the equivalent of £6.8 billion in today’s prices. We are creating a system that is not only fit to address our present challenges but agile enough to respond to our future needs.

For too long, the approach was a mismatched tapestry of ill-fitting, short-termist reforms that tinkered around the edges rather than resolving our problems. In the process, layers of bureaucracy and gold-plating have been created rather than genuine improvements. This House should not mistake the Government’s ambitions or the speed at which the Bill has been taken forward for a lack of careful consideration. The situation is stark, and these issues merit prioritising.

The time it takes to secure planning permission for major infrastructure projects has almost doubled in the last decade to more than four years. Home building has also fallen from already insufficient levels. There are simply not enough homes. The number of new homes built is estimated to drop to around 200,000 this year, which would be the lowest year for net additional dwellings in England since 2015-16. The Planning and Infrastructure Bill will help turn this around, sending us on our way to building 1.5 million safe and decent homes in England and reaching planning decisions on 150 major economic infrastructure projects in this Parliament.

The Bill will further support the Government’s clean power 2030 target, enabling essential clean energy projects to be built as quickly as possible. As a key component of our Plan for Change, this ambitious package of reforms will unblock the planning system to secure the infrastructure this country needs. Upgrading the country’s critical infrastructure is essential to boosting economic growth and improving the quality of life that Britain has to offer. That is why the Bill introduces a range of reforms to the consenting process for nationally significant infrastructure projects to create a faster and more certain system. These changes have been informed by feedback from developers, planning and technical experts, ENGOs and local authorities.

Reforms brought forward by the Bill include ensuring that national policy statements, which are the cornerstone of the nationally significant infrastructure project regime, are kept up to date. New powers will allow for projects to be directed out of the NSIP system where they can be better served by another consenting route. We are replacing overly prescriptive statutory consultation requirements, which encourage risk aversion and gold-plating, with guidance that will encourage the development of high-quality applications through meaningful engagement.

The Government still expect that development proposals are fully scoped before submission to the Planning Inspectorate. These measures will tackle the huge volume of inaccessible paperwork that slows the process without adding value to communities. This could reduce consenting times by up to 12 months and pave the way for new roads, railways and wind farms to bolster the country’s connectivity and energy security.

Building on recommendations proposed by the noble Lord, Lord Banner, KC, the paper permission stage for judicial reviews of national policy statements and development consent orders has been removed, as has the right of appeal when cases are deemed totally without merit. Taken together, these changes will address the biggest barriers to delivery. They are targeted specifically at fixing elements of the system that slow down applications, decisions and, ultimately, development.

On top of these overall changes to the NSIP regime, the Bill will also deliver a faster and more certain consenting process for transport infrastructure projects. Boosting transport connectivity will support economic growth across the country, tackle congestion and keep Britain moving. Measures brought forward in the Bill will streamline the Highways Act and the Transport and Works Act process to ensure that it is proportionate, is fit for purpose and supports the effective and timely delivery of transport projects.

Additionally, the Bill will introduce a number of changes to speed up the delivery of our energy infrastructure. It supports vital reforms to the electricity network’s grid connection process. The current first come, first served connections queue prevents viable projects from being able to connect to the grid ahead of slower-moving ones. The Bill will ensure that projects that align with the Government’s Clean Power 2030 Action Plan are prioritised. This move to a first ready, first connected approach will avoid delays in connecting viable and needed projects to the power grid. These reforms enable strategically important energy projects needed for clean power to be prioritised for grid connection.

Reforms to the consenting process for electricity infrastructure in Scotland will also make the system more efficient and look to reduce overall consenting timescales. These have been developed jointly with the Scottish Government.

The Bill enables the launch of a discount scheme for certain communities that live nearby new or significantly upgraded electricity transmission infrastructure. The introduction of a cap and floor scheme for long-duration energy storage will support investment in this area and help to decarbonise the electricity system. A cheaper and more efficient energy system is a key driver of growth.

I turn to Part 2. The Bill will make further changes to streamline decision-making in the planning system to ensure that the system operates as effectively and efficiently as possible. A national scheme of delegation will be introduced to set out which types of applications should be determined by officers and which by planning committees. The Government have published a technical consultation in which we propose splitting planning applications into two tiers, providing certainty about what decisions will be delegated to expert officers and at the same time ensuring that councillors can continue to focus on the most significant proposals for housing and commercial developments. This change will not undermine the important role that planning committees play in providing local democratic oversight of planning decisions. Instead, it will ensure that planning committees play their proper role in scrutinising development to the best standard possible and without delay. In fact, 96% of planning decisions are already made by officers. Introducing a national scheme of delegation will simply create greater consistency of decision-making, ensuring that planning committees have the time to deal with the most significant or contentious applications.

Some in the other place have argued that this measure represents an attack on local democracy, framing the Bill as an attempt to diminish community voices. I disagree. This reform will improve the effectiveness of local democratic oversight. There will be no more grandstanding debates about the merits of a fence or extension; instead, the committee’s focus will be on those development proposals that matter most to local communities.

Our changes, combined with further reforms in the Bill to allow the local determination of planning fees, will help to ensure that local planning authorities and wider organisations have the resources they need to deliver change for communities across the country.

We cannot meet this country’s needs without planning for growth on a larger than local scale. The Bill will enable the Government to introduce a system of strategic planning across England. Areas will be required to produce spatial development strategies, closely modelling the system which has been in place in London for over 20 years. This will help to address key spatial issues such as meeting housing needs, delivering strategic infrastructure, growing the economy and improving climate resilience and nature recovery by taking a subregional view of how growth needs can be sustainably met. It will also enable more efficient and timely production of local plans, which will provide the detail and site allocations to support the special strategy set out in the SDS.

On Part 3, I think we can all agree on the important role that sustained economic growth plays in ensuring the prosperity of our country. However, we are clear that nature cannot be an afterthought and must be placed at the heart of our reforms. The nature restoration fund will accelerate the building of homes and infrastructure, while unlocking the positive impact that development can have in driving the recovery of protected sites and species. This will move us from a system that simply offsets impacts to one that actively supports the recovery of protected sites and species. The more strategic approach to nature recovery brought forward by the Bill will be delivered through the creation of environmental delivery plans. EDPs, made by the Secretary of State and delivered by Natural England, will set out a package of conservation measures sufficient to address the environmental impacts of development and, crucially, secure an environmental uplift. Rather than being limited to addressing the impact of a single development, an EDP will pool resources and deliver conservation measures at scale to maximise the positive outcome for the environment. At the same time, developers will benefit from a streamlined process and simple user experience for development in England and up to 12 nautical miles into its territorial waters.

The Government have constructed the legislation to include a range of safeguards to ensure that the new system delivers on the ambition to go further for nature. An EDP can be put in place only where the Secretary of State is satisfied that the conservation measures are likely to outweigh the negative effects of development. This will ensure that our reforms will not reduce existing levels of environmental protection, with this new approach delivering more for nature, not less. It is for this reason that the Government are confident that the nature restoration fund is a progressive intervention, as supported in the Section 20 statement that accompanies the Bill. That is not to say that the Government are not listening to the views of stakeholders who have indicated areas where they may wish to strengthen the Bill. My noble friend Lady Taylor of Stevenage and I take the views of the Office for Environmental Protection seriously and continue to engage with it and environmental NGOs. We look forward to hearing and engaging with the views of noble Lords today and throughout the Bill’s passage.

Of course, the NRF is not the only measure in the Bill that will make a meaningful difference in our ongoing battle to support nature and address climate change. Measures in the Bill to prioritise network connections are a prime example—we cannot afford to delay the benefit the Bill will have on the environment as a whole.

The Bill will also strengthen development corporations to make it easier for central and local government to deliver large-scale new communities. It creates a clearer, more flexible and robust legislative framework for the operation of development corporations. These are important vehicles for delivering large-scale and complex regeneration and development projects. Ensuring that we have up-to-date and clear legislation on their remit, duties and powers will allow development corporations to unlock more housing across the country, co-ordinating that with infrastructure and transport for sustained economic growth.

The Government are keen for authorities to make greater use of their compulsory purchase powers to support the delivery of housing, growth and the regeneration of their areas. Measures introduced in the Bill will enable more effective land assembly, which will speed up and lower the cost of housing and infrastructure delivery. The Bill will ensure that the process for acquiring land with a hope value direction is more efficient. It will reduce the administrative cost of making a CPO and streamline the CPO process, including by allowing notices to be served electronically.

The legislation will also expand the power to remove hope value where land is acquired by a parish or town council when the relevant project facilitates the provision of affordable housing This will reinforce the principle that landowners should not receive excessive compensation where compulsory purchase powers are used to deliver schemes in the public interest. These changes have been brought forward to make the system more efficient and fairer. The Government are clear that there must always be a compelling case in the public interest for the use of a CPO.

It is in our national interest to make the planning system better, because sustained economic growth is the only route to improving the prosperity of our country and the living standards of working people. In making these changes, we can tackle some of the biggest issues facing the country today. I believe the measures in the Planning and Infrastructure Bill are sufficiently comprehensive, robust and, crucially, balanced to meet these challenges head-on. I know that the subjects to be debated today are matters dear to many across the House. I have no doubt that, in the weeks and months ahead, Members will approach this Bill with the rigour and scrutiny that embodies the very best that this House offers. I beg to move.

Planning and Infrastructure Bill

Lord Khan of Burnley Excerpts

Committee stage
Thursday 24th July 2025 Lords Chamber

[Lord Roborough (Con)]

My Lords, I also support Amendment 50 in the name of my noble friend Lord Lucas, which would recognise livestock markets and abattoirs as critical national infrastructure. I draw the Committee’s attention to my register of interests, in particular as a dairy and livestock farmer. This amendment, if passed, would lay the foundation for a new, modernised network of these vital rural services—positions with proper transport links, outside of town centres, and designed to ensure that animals are dealt with humanely, locally and profitably.

As others have pointed out, the abattoir sector is in crisis. In 2023, just 60 small abattoirs remained operational in the UK. That number is falling at 10% per annum, as the noble Baroness, Lady Grender, mentions. At that rate, these essential businesses could vanish entirely. This would be disastrous for rural communities, food security and animal welfare.

Over 90% of abattoirs have closed in the past 50 years. Family farms face round trips of over 100 miles to slaughter just a handful of animals. It is inefficient and undermines the very animal welfare standards that we seek to uphold. However, it is more than just a logistical problem; it is a threat to the viability of local farming and the vitality of our regional food systems. A resilient, shorter and more farmer-focused supply chain demands a well-distributed network of small abattoirs, local butchers and livestock markets. These businesses form the bedrock of local food infrastructure. They offer private kill services for farmers who wish to add value, by marketing directly to consumers, and they provide an essential lifeline to farmers breeding rare or native breeds that larger processors often cannot or will not accommodate.

Two-thirds of livestock farmers report difficulty accessing appropriate abattoir services and one-third say that their nearest abattoir has already closed. Small abattoirs in particular are struggling to survive: they face rising energy costs, increased national insurance contributions and a regulatory system that is disproportionately burdensome. The rules are designed with large-scale processors in mind, not the nuance of a local operation handling a few thousand livestock units a year.

Our previous Conservative Government introduced the small abattoir fund to help these small businesses modernise and alleviate costs. Disappointingly, the current Labour Government chose to cancel it, sending entirely the wrong message to the rural economy after the family farms death tax and the abrupt cancellation of sustainable farming incentive applications.

Livestock markets are also disappearing from market towns. These are an essential part of rural life, where farmers and other rural inhabitants can come together, generating real social cohesion and a shared sense of community. If this Government are serious about rural resilience, food security and animal welfare, they should look to support the amendment in the name of my noble friend Lord Lucas. It would provide abattoirs with the planning status that they need to invest, modernise and survive. It would allow new facilities to be built with appropriate infrastructure and make it clear that local food systems matter just as much as energy or transport. Livestock markets will ensure that communities can continue to bond on market days.

This amendment speaks to a wider issue in our national life, where traditional social infrastructure is made uneconomic through burdensome regulation. Large, impersonal businesses are able to cope with this far better than small ones. I urge the Government to consider, in all legislation and regulation, how they can encourage and empower these community businesses to thrive.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)]

My Lords, Amendment 50 tabled by the noble Lord, Lord Lucas, seeks to create a national policy statement for livestock markets and abattoirs.

The Government are committed to a resilient food supply chain. A thriving abattoir network is vital to this, providing a competitive route to market for producers, including those rearing rare and native breeds. Despite recent challenges, England’s resilient meat-processing sector continues to ensure food supply and security, and the Government remain confident in its strength.

The Secretary of State already has the power, under Section 5 of the Planning Act 2008, to designate a national policy statement for any specified description of development, should they choose to exercise their discretion to do so and where the statement meets the criteria set out in this section. This matter should be considered on a case-by-case basis. Another concern we have with the noble Lord’s amendment is that it attempts to override this discretionary process and would, in effect, fetter the Secretary of State’s discretion.

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[Lord Jamieson (Con)]

Grayling. As was pointed out earlier, it has been 184 days. Some of us are just getting a little tired. Like my noble friend, I must also offer a note of caution and a bit of a “but”.

Although CCS is a promising technology, it is not without its challenges. It is expensive, it is not a silver bullet, and it is somewhat untested. Therefore, as the noble Earl, Lord Russell, pointed out, we need closer scrutiny to make sure that it can be done commercially and at scale, which, to date, has not been done. It has not been proved to be viable. We do not want a technology that will cost the taxpayer money, and there are other technologies that could also potentially achieve this aim.

We should also consider this as part of a broader strategy. We must continue to prioritise clean energy, in particular dense technologies such as nuclear. It is our duty to ensure that the costs of decarbonisation are not unfairly borne by households and businesses already facing significant financial pressures.

So, while I support the broad intention of the amendment and agree that enabling clarity in planning and law is important, we must proceed with care. Our route to net zero must be grounded in economic and technical reality.

[Lord Khan of Burnley (Lab)]

My Lords, I thank my noble friend Lord Hunt of King’s Heath for tabling these amendments, which relate to carbon capture and storage designation. Amendment 51 would amend the Planning Act 2008 to enable the designation of

“carbon dioxide spur pipelines and carbon capture equipment … as Nationally Significant Infrastructure Projects”.

As my noble friend knows well from his time as Minister of State at the Department for Energy Security and Net Zero, this Government recognise the pivotal role of carbon capture and storage in securing growth, achieving their climate goals and transitioning to a low-carbon economy. That is why we have committed to substantial investment to support the development and deployment of carbon capture and storage across the UK.

However, although the Government are committed to the deployment of carbon capture, transport and storage, this amendment could lead to confusion for developers, as it would, in effect, provide a choice for developers in consenting routes. Onshore electricity generating stations with a capacity exceeding 50 megawatts, including those using carbon capture technology, are classified as NSIPs under the Planning Act 2008 and require a development consent order—a DCO. Onshore carbon dioxide pipelines over 16.093 kilometres in length also classify as NSIPs and require a DCO. However, smaller pipelines and industrial carbon capture facilities sit outside the NSIP regime, and applications for development are determined by the local planning authorities under the Town and Country Planning Act 1990. This is consistent with the consenting process for pipelines and industrial facilities more broadly and, as far as we are aware, experience from the planning process for the first carbon capture and transport projects has not identified significant issues for projects determined by the local planning authorities thus far.

Nevertheless, carbon capture, transport and storage remain nascent sectors in the UK, and officials in my department are working closely with the Department for Energy Security and Net Zero, and the Department for Environment, Food and Rural Affairs, to ensure that the full range of consenting and permitting regimes for carbon capture, transport and storage remain effective and appropriate.

Amendment 91 seeks to amend the Pipe-Lines Act 1962 to disapply the requirement for special parliamentary procedure in relation to pipelines or lengths of pipeline that are to be repurposed for the conveyance of carbon dioxide. It should be noted that, as drafted, the amendment would not legally achieve its intended purpose as a relevant subsection of Section 12A allows a Secretary of State to revoke a compulsory rights order rather than grant one.

Nevertheless, even with that to be addressed, and while I certainly sympathise with the spirit of the amendment, it would not be practical. Section 12A of the Pipe-Lines Act allows a Secretary of State to make an order for the compulsory acquisition of rights over land that are necessary for the conversion and use of a pipeline to convey carbon dioxide. The making of such an order is subject to special parliamentary procedure.

The Government recognise that it can be more efficient to repurpose existing pipelines for use in a carbon capture, transport and storage project compared with building new pipeline infrastructure. Where the pipeline infrastructure is considered suitable for reuse in this way, the Government support this. For example, we have recently legislated to remove a tax barrier that oil and gas companies have told us would prevent the transfer and repurposing of suitable assets from use in oil and gas, such as pipelines and platforms for use in carbon dioxide, transport and storage.

However, as the works involved in the repurposing of pipelines for the conveyance of carbon dioxide could impact local communities and landowners, enabling the compulsory acquisition of rights over land to remain subject to a special parliamentary procedure would ensure proper scrutiny of such proposals.

The Government support the repurposing of onshore and offshore infrastructure for use in carbon capture, transport and storage projects as part of the UK’s drive to net zero. We are already seeing this in practice, where the HyNet carbon capture and storage cluster in the north-west will be served by a combination of new and existing infrastructure. We are committed to ensuring that the right support and mechanisms are in place to enable the repurposing of suitable onshore and offshore infrastructure, and I hope with this reassurance my friend will feel able to withdraw his amendment.

Before I sit down, I want to refer to the important points made by the noble Lord, Lord Grayling, which I take seriously. I note that consideration of Part 3 and wider environmental issues will take place after the summer. We will consider his points over the summer, as requested. The points the noble Lord is making are mainly being debated in September, so we can pick them up in response to similar amendments, including in relation to Part 3. For the reasons I have just outlined, I ask my noble friend to withdraw his amendment.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am grateful to all noble Lords who have taken part. I thought the intervention from the noble Lord, Lord Grayling, was very interesting. I very much take his point about the precautionary principle. A degree of proportionality is required by our regulators in the way they operate. One of the concerns that I and a number of noble Lords have is whether the current regulators are up for the kind of dynamic change we need in the way they perform, and that is really why there are concerns around Part 3.

There are concerns from people very concerned about nature protection, which I well understand. Equally, my concern is that we are putting a hell of a lot of responsibility on Natural England in relation to EDPs. The way I read it, this Bill is largely written around housing requirements, and I can see how EDPs can apply to housing, particularly if you have a number of housing developments within a particular area. A pretty unknown quantity is how this is going to apply to major infrastructure projects as well—but I take the noble Lord’s point.

The noble Lord, Lord Jamieson, is absolutely right. We are taking a punt on CCUS. I am confident about it. His Government continued the work in this area. I think we see in Norway enough to suggest that we can pull this off. The potential for the UK here is enormous, in terms of both our approach to climate change and decarbonisation and the huge export potential.

On the wording of the Bill, I have checked the Planning Act, and in Section 14 there is an order-making power for the Secretary of State that I think can deal with the flexibilities around the length of the pipeline. I should say, as I took the energy bits of that Act through your Lordships’ House, that I feel a particular affinity towards that perfectly formed legislation.

I am grateful to the Minister, because clearly he and his officials are having a look at this. I noted that he did not think much of my Amendment 91, so I will have to go away and reflect on that. I think his main argument was “We don’t really think this is a problem, but we will have a look at it”. My intelligence is that CCUS developers think it could be a problem. If we can iron out some of these things, which are really not mega-principal, that would be very helpful. Having said that, I beg leave to withdraw the amendment.

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[Lord Khan of Burnley (Lab)]

My Lords, Amendment 53A, tabled by the noble Baroness, Lady Kramer, seeks to insert a new clause that would require the Secretary of State to establish an independent body to receive and investigate whistleblowing disclosures relating to nationally significant infrastructure projects, including responsibilities for oversight and protections for whistleblowers.

The NSIP regime is responsible for delivering consenting decisions on the most complex and critical infrastructure projects. The framework, underpinned by the Planning Act 2008, is based on principles of fairness and transparency. As noble Lords have heard throughout the debates on the Bill so far, it is vital that the Government’s decisions on major infrastructure projects are properly informed by relevant expert bodies, as well as those who are affected by the application, including landowners, local authorities and local communities. That is what the Planning Act and NSIP regime enables.

This planning process includes the transparent appointment of an examining authority, which has six months to consider the views of members of the public, local authorities and other interested parties as part of the examination of an application. It also involves interested parties such as regulators, including the Environment Agency and Natural England, in examinations, and enables them to outline any concerns they have. Ultimately, based on evidence and the legal framework, the Secretary of State has the ability to grant or refuse consent for the development consent order, and must prepare and publicise a statement of reasons for their decision. Finally, the lawfulness of decisions can be challenged in the courts.

While I have been interested to hear the noble Baroness’s views today, I am afraid that I do not share the view that whistleblowing is a widespread issue within the NSIP regime or that there is currently sufficient evidence to warrant action. More broadly, I understand that the noble Baroness, Lady Kramer, has long called for the introduction of an office of the whistleblower to centralise and triage disclosures, enforce standards and provide advice and support to those considering making a disclosure of information. However, the Government do not support the establishment of an office of the whistleblower at this time. Such a step would introduce a significant structural change to the whistleblowing legal framework, which the Government believe should be considered as part of a broader assessment of the operation of the framework. I also do not agree that this is something which should be tackled through this Bill.

The Government are keen to work with organisations and individuals who have ideas on how to further strengthen the whistleblowing framework. Our first priority is the Employment Rights Bill, which delivers on our commitment to strengthen protections for whistleblowers who report sexual harassment at work. I do not think the fact that they are not NSIPs is the best argument to make, given that they are so evocative. It is a really important issue to discuss here, with the relevant focus. No examples were given by the noble Baroness that would give consent to the NSIP regime or go through the system. I therefore ask the noble Baroness to beg leave to withdraw her amendment.

[Baroness Kramer (LD)]

My Lords, I am obviously not encouraged by the government response. It seems a weakness not to recognise how essential it is that there is transparency in major infrastructure projects, for the sake of everybody involved—but I was very encouraged by the comments across the Floor. I am not precious about how whistleblowing is structured, except that the channel needs to be genuinely perceived as being independent and having the power to protect whistleblowers, making sure that investigation follows where necessary.

I will make two comments. First, on grievances, part of the reason for having an expert body is that it will be expert at identifying the truth. Sometimes under a grievance there is real truth that matters, but there can be mischievous reporting. Whistleblowing expertise is very good at quickly winnowing that out, because obviously that is not where you are going to focus your time, energy and effort, and you want to make sure that it is stropped in its tracks. But we know from experience across the globe that that is very well managed.

Secondly, on the issue of changing the culture—that is what they used to say in the United States, until offices of whistleblowing were introduced widely across the financial sector and are now being picked up by the Department of Transportation. That may change with the Trump Administration, but you are seeing them picked up across other areas in the United States, because having an Office of the Whistleblower with the appropriate kind of powers has had a dramatic impact on the culture. There has been a sharp drop in bad actors, because people know that they are not safe. There is no greater deterrent than knowing that somebody will speak out, and it very much changes the whole culture within an industry.

It is also important to recognise that, with a good whistleblowing system, you get information very early—it is the canary in the mine. Therefore, in the case of the Elizabeth line, you know very early on that something is going wrong when you have scope to act, correct and manage. It is truly an important mechanism to save a project as well as protect the public.

I am fascinated that this argument is beginning to get widespread recognition and traction. I am totally supportive of a great deal of new infrastructure across the UK, so let me suggest that we must have with it a mechanism that means that disclosure and transparency happen at the earliest possible moment when things go wrong and before they turn into project-destroying phenomena.

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[Lord Jamieson (Con)]

My Lords, Amendment 53B in the name of the noble Lord, Lord Hunt of Kings Heath, proposes a sensible and pragmatic change to the current requirement that, before a nuclear power station is built, an assessment must be made as to whether the social, economic and other benefits outweigh the health detriment caused by ionising radiation. The amendment seeks to disapply this requirement in cases where planning consent has already been granted.

This change is both timely and necessary. We must look carefully at how to prevent nuclear power projects from being blocked or delayed, especially in the context of a wider energy landscape. Notably, the Government are currently presiding over the highest prices for offshore wind in a decade, which highlights the urgent need for diverse, affordable, reliable and resilient energy sources. Nuclear power stations provide that critical alternative—one that is essential to the UK’s growing demand for electricity in a cost-effective and secure manner.

Noble Lords across the House can agree on the vital importance of nuclear energy to our energy strategy. Nuclear energy remains a cornerstone for delivering a cheap, stable and low-carbon supply of electricity. It is crucial not only to meet our ambitious climate commitments but to safeguard energy security in an increasingly unpredictable world. The reliability of nuclear power provides a steady backbone to the electricity grid. As such, it is an indispensable part of our efforts to build a resilient energy system.

We acknowledge that we need rigorous planning and regulatory processes, but these are already in place for nuclear projects. These processes thoroughly assess health and safety concerns, including the risk posed by ionising radiation. While I might not go as far as some other noble Lords today about “wasteful”, “useless” and “byzantine” regulation, I certainly believe that it is duplicative. We therefore do not need to do it again, if planning consent has already been granted and has already assessed those risks. It would create unnecessary complexity and delays, without delivering any meaningful public benefit.

Where planning consent has already been obtained, following comprehensive scrutiny, it is entirely reasonable to disapply this further requirement. Doing so would streamline the development process, reduce unnecessary bureaucratic hurdles and support the timely delivery of vital infrastructure projects, which are so central to the UK’s energy future. For these reasons, we hope that the Minister has listened carefully to the concerns raised in relation to this amendment.

[Lord Khan of Burnley (Lab)]

My Lords, Amendment 53B would have the effect of removing the need for nuclear technologies that generate electricity or heat to undergo regulatory justification. Regulatory justification is derived from international standards. Its purpose is to ensure that all practices involving ionising radiation, including nuclear technologies, must first be assessed to determine whether the individual or societal benefits outweigh the potential health detriment from that practice. It is a key pillar of radiological protection.

That said, I am aware that there are concerns around the process of justification for nuclear reactors and that it is considered administratively burdensome—I heard that argument loud and clear from the noble Lord, Lord Naseby, and my noble friend Lord Hunt of Kings Heath. That is why I am pleased that it forms part of the nuclear regulatory task force’s review of nuclear regulation.

The Government are committed to stripping out ineffective, overlapping and unduly burdensome processes, but as we move forward with new nuclear, it is vital that we maintain high standards of health and environmental protection and fulfil our international obligations. The nuclear regulatory task force is examining all aspects of nuclear regulation, including regulatory justification, environmental permitting and nuclear licensing and planning. We expect it to come forward with recommendations that will streamline the regulatory processes and reduce unnecessary burden.

I believe that more effective solutions can be found to improve the process of regulatory justification by including it, as the task force is doing, in a holistic review of the nuclear regulatory framework. Therefore, we unfortunately cannot support this amendment. I hope that my noble friend Lord Hunt is satisfied with my response and will withdraw his amendment.

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[Lord Lucas (Con)]

My Lords, I very much support Amendments 63 and 106 in this group. I will speak fearlessly to them, because my noble friend Lord Moylan has already put the WD-40 on my set of thumbscrews as a result of previous amendments.

It is entirely sensible to put solar panels in places where there is the immediate local demand for electricity when it is sunny. When it is sunny, our trains are running. To have solar panels along rail infrastructure supplies a demand which is entirely local. When the sun is out in a serious way, the rail consumes extra electricity in keeping the carriages cool, so it is an entirely sensible place to put them.

Car parks are excellent places to charge your car. They are usually next to supermarkets or other similar places that are using electricity in the daytime. If we are going to generate solar electricity, this is an entirely appropriate place to do it.

I would go further than this: I would allow local authorities to have local schemes to encourage solar on all commercial roofs and would allow them to increase the level of business rates payable on roofs that do not have solar. It is ridiculous when you stand on hills above Eastbourne and look at a couple of hundred hectares of commercial estates and there are no solar panels whatever on any of them, but they are all using electricity in the daytime. The difficulties arise from fractured ownership and lease patterns. It is not easy to do, but, if we can produce a substantial incentive that basically says to businesses, “You can either generate some solar in this space or you can pay into a fund to help us to do other things elsewhere”, and if the payment is sufficiently high, I think we will get a move to solar, and that would be a good idea.

The alternative is a large solar farm on an ancient marsh in the middle of town. That would be entirely destructive in visual terms and not at all helpful in terms of wildlife and the environment generally. It would be much better if we could have the same size of solar farm on land that is already developed and entirely suitable for it. But we have not got the right structures in place in government to enable that, and I would really like to see that changed.

[Lord Khan of Burnley (Lab)]

My Lords, before I speak to these amendments, I declare my registered interests, including shareholdings in companies involved in renewable energy. These interests are not directly affected by the amendments under discussion. I thank the noble Baroness, Lady Pidgeon, for tabling and speaking to these amendments so eloquently and passionately, and for her ongoing commitment to the UK’s decarbonisation ambitions in the transport sector.

Amendments 63 and 106 seek to mandate the installation of solar panels in the construction of new transport infrastructure and require solar panels to be provided as part of the construction of all new above-ground car parks. The Government are committed to achieving clean power by 2030, and it is clear that solar energy will be crucial to achieving our mission. The clean power action plan calls for the rapid acceleration of solar deployment, from around 18 gigawatts as of April 2025 to 45 to 47 gigawatts by 2030. This is an ambitious mission, which has enormous potential to create good jobs, protect bill payers, ensure energy security and reduce our exposure to volatile fossil fuel markets. The recently published Solar Roadmap includes over 70 actions for government and industry to take forward to help deliver this ambition by removing barriers to deployment of all types of solar.

We recognise that solar canopies on car parks have the potential to provide significant renewable electricity generation, shelter for cars and drivers, and localised power for EV charging points. This year, the Government published a call for evidence to assess the potential to drive the construction of solar canopies on new outdoor car parks over a certain size.

We are currently analysing the evidence that has been provided by the sector, and are conducting the essential cost-benefit analysis needed to understand the impact of any policy to mandate the provision of solar on new car parks. Having not yet concluded this process, it would not be appropriate at this stage to include this amendment in the Bill. However, the Government are considering this proposal very carefully and will explore ways to achieve its intention, including through future legislation, if the evidence supports this conclusion.

It is also the case that we do not currently have the evidence base to support requiring all transport infrastructure to include solar panel installation. We have not yet engaged with industry to fully understand the potential impact of this amendment, or conducted the necessary cost-benefit analysis to determine whether it would be appropriate to install solar on all the different types of transport infrastructure set out in the amendment.

The Government are committed to achieving their mission through significant solar deployment across the country. Following the publication of the road map, the solar council will be established to bring together the solar industry, the UK Government and other relevant parties. The council will work to secure, enable and accelerate the deployment of solar at all scales and identify emerging opportunities, realigning priorities and action as needed.

I hope that the noble Baroness, Lady Pidgeon, notes the ongoing work the Government are doing in this area, which must conclude before any consideration of a legislative intervention takes place. I therefore kindly ask her to withdraw her amendment.

On Amendment 68, also tabled by the noble Baroness, Lady Pidgeon, the Government recognise the importance of accelerating grid connections for electricity demand projects, including electric vehicle charging, as well as for generation projects. This recognition lies at the heart of the reforms we announced in the industrial strategy, which include using the powers in the Bill to amend regulatory processes and accelerate connections for strategically important projects.

Although the Government fully acknowledge the critical role of freight and logistics in national supply chain security and decarbonisation targets, it would not be prudent to enshrine in legislation a preference for one sector, as this would inevitably mean deprioritising equally important sectors listed in the industrial strategy, such as advanced manufacturing, the wider supply chain for clean energy projects, data centres, and more.

That is why we have also announced the connections accelerator service, which will support strategically important projects across all priority sectors to accelerate their connection dates. The Department for Transport will play a key role in helping to shape the framework for identifying these vital projects.

I also take this opportunity to highlight the suite of initiatives the Government are pursuing in support of the electrification of freight, logistics and the broader transport sector. This includes our ongoing efforts in national and regional strategic energy planning. We are working to support infrastructure investment ahead of need, ensuring that we not merely react to but anticipate demand. By planning strategically, we can deliver robust, future-proofed infrastructure, and support our broader decarbonisation and economic ambitions.

Furthermore, the Department for Transport is actively encouraging stakeholders in the transport sector to look ahead, to consider their future electricity needs and to feed this information directly into our strategic planning processes. By doing so, we will create a more comprehensive and responsive energy network that is able to meet the evolving requirements of our nation’s transport system.

I also highlight the work of the Freight Energy Forum. Led by the Department for Transport, this forum brings together transport and energy stakeholders from across the country, providing a platform for knowledge-sharing and collaboration. By working closely together, we can inform future action and ensure that the sector remains agile and well-equipped for an electrified future.

I trust that the Committee will appreciate the rationale for our approach and recognise the Government’s determination to deliver balanced, strategic and forward-looking energy infrastructure for the nation. The noble Baroness, Lady Pidgeon, mentioned a number of countries, as did the noble Baroness, Lady Bennett. The noble Baroness cited the French Government in particular. The potential for solar canopies on car parks is significant, and we are looking carefully at international best practice, including what France has introduced. Before committing to any prospective policy, including mandating, we believe it right to properly engage with industry and stakeholders to better understand the impacts and see whether government intervention is needed.

Noble Lords alluded to a couple of points about deploying solar on rail lines and roads. Rail track solar could be a feasible solution, particularly in urban areas where the track is electrified, as there will already be a good connection. However, there are some current obstacles that may inhibit the deployment of the technology in all areas, such as the challenge of grid connections in rural areas and additional kit required to convert electricity from solar to usable electricity for trains, which may be expensive.

Finally, the noble Baroness, Lady Bennett, talked about car parks and agricultural land. This Government are committed to a solar revolution that enhances energy security while protecting the UK’s biodiversity and agricultural spaces. Car parks indeed offer an opportunity to utilise vast spaces for solar generation, but we must engage with industry and gather a broader evidence base to overcome the potential structural and financial barriers to widespread use of solar canopies. For the reasons outlined previously, I kindly ask the noble Baroness to withdraw her amendment.

[Baroness Pidgeon (LD)]

I thank Members who have spoken on this group and the Minister for his detailed answer. He talked about a solar road map. Alongside that, we want a solar rail, tram and bus map. We want to see this across transport infrastructure, and we hope to start to see some progress in due course, particularly looking internationally. With that, I beg leave to withdraw my amendment.

Planning and Infrastructure Bill

Lord Khan of Burnley Excerpts

Committee stage
Monday 1st September 2025 Lords Chamber

[Lord Roborough (Con)]

My Lords, Amendment 77 in the name of the noble Earl, Lord Russell, seeks to require the Secretary of State to designate certain electricity network upgrade works as permitted developments within 12 months of the passing of this Act. I refer the Committee to my register of interests, including as a developer of solar and wind energy generation infrastructure.

The amendment is detailed and specific, covering a range of necessary and often routine upgrades to our distribution network. These upgrades are not exceptional; rather, they are part and parcel of the essential modernisation of our grid. As demand for electricity grows, driven by electric vehicles, heat pumps, an increasing shift to electrified systems and the construction of new data centres, so, too, does the need for a distribution network that can meet that demand safely and efficiently.

The concerns raised by the noble Earl in bringing forward this amendment have merit. Local electricity distribution is hampered by regulatory delays, planning burdens and procedural hurdles, which can slow down or increase the cost of what are in many cases necessary infrastructure improvements. We understand the motivation to streamline these processes and provide industry with greater certainty. However, there are important questions around local engagement, visual impact and environmental considerations, which would need to be worked through. Permitted development rights by their very nature bypass certain planning safeguards, and we must take care not to undermine public confidence in the system by extending them too broadly or too quickly. I ask the Minister whether there are other ways of simplifying the decision-making on such upgrades.

Amendment 94E in the name of my noble friend Lady Coffey would require the Secretary of State to make regulations to extend permitted development rights to include the installation of floating solar panels on reservoirs. At a time when we are seeking every opportunity to expand renewable energy without placing additional pressure on land, utilising existing bodies of water in this way may present a pragmatic and low-impact solution. My noble friend makes an important and timely point about the potential of underused spaces to contribute to our energy goals. I hope that the Government will look closely at how permitted development rights can help facilitate the responsible deployment of floating solar technology.

In a similar vein, Amendment 185B in the name of my noble friend Lord Lucas seeks to expand permitted development rights for small-scale onshore wind turbines up to a height of 30 metres. This, too, is a proposal worthy of consideration. Enabling more local generation of renewable energy, particularly where there is community support, can play a valuable role in decarbonising the grid and improving energy security.

I look to the Minister to provide clarity on the Government’s current thinking in this area and to address the important questions raised by the noble Earl, Lord Russell, and my noble friends Lady Coffey and Lord Lucas. Specifically, I hope that he can reassure the Committee that the Government recognise the need for timely electricity network upgrades and are actively considering how the planning framework can support that aim while balancing the interests of local communities and the environment.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)]

I thank the noble Earl, Lord Russell, for raising this important issue through Amendment 77. The Government fully recognise the need to accelerate electricity network upgrades to support the transition to net zero. We agree with the intent behind this amendment and with many of the specific proposals that it contains. However, we do not believe that it is appropriate to legislate on these matters through this Bill at this time. The amendment proposes exemptions from the consent process under the Electricity Act 1989. These are technical and regulatory matters that are generally best addressed through secondary legislation, following proper consultation.

The Government launched a public consultation on 8 July; it closes tomorrow. It includes proposals that closely reflect those in this amendment and seeks views from a wide range of stakeholders, including network operators, landowners and local authorities. The Government must undertake a thorough evaluation of consultation responses to understand any stakeholder concerns or unintended impacts ahead of implementation. Introducing changes now, whether through primary or secondary legislation, before that work has been done would pre-empt the consultation process and risk undermining the careful balance that we are trying to strike between speeding up delivery and protecting landowners’ rights. We are committed to acting quickly once the consultation process is complete, but we must do so in a way that is informed, proportionate and legally sound. For these reasons, I kindly ask the noble Earl to withdraw his amendment.

I thank the noble Baroness, Lady Coffey, for raising the important issue in Amendment 94E. The Government are committed to achieving clean power by 2030. We will need to see significant increases in the development of all types of solar, whether sited on land, rooftops or water, to achieve this mission. The Government are therefore supportive of floating solar and consider it a technology ripe for development, especially considering the increased efficiency of solar panels on water and the wider benefits of preventing algal blooms and reducing climate-related evaporation. An effective planning system is pivotal to delivering our clean power mission. The system must work in a way that supports both new infrastructures, such as floating solar, and more established technologies.

The noble Baroness may have seen that the Government published their first ever solar road map on 30 June; it commits to more than 72 ambitious actions across several areas, including planning. The road map includes a section on the opportunities of floating solar and identifies the needs both to provide clarity on the planning requirements for what is a relatively new technology in the UK and to ensure that these measures are proportionate. In the solar road map, the Government made a clear commitment to explore how planning levers could further support floating solar projects. This work will be overseen by a new government and industry solar council, which is being set up to assist in driving forward and monitoring progress on solar road map actions. However, we do not believe that it is appropriate to legislate on these matters through this Bill. I believe that it is only right that we conduct further work to ensure a strong evidence base on potential proposals and ensure that we have considered the breadth of benefits and impacts. I hope that the noble Baroness is content with this response; I kindly ask her not to press her amendment.

Amendment 185B, tabled by the noble Lord, Lord Lucas, seeks to classify some small-scale wind turbines as permitted development, provided certain conditions are met. I am grateful to the noble Lord for this amendment. He may have seen that the Government published their first ever dedicated onshore wind strategy on 4 July; it commits to more than 40 ambitious actions across several areas, including planning. One of the opportunities identified in the strategy regards small-scale deployment. The Government recognise the importance that small-scale onshore wind developments could play in achieving our wider decarbonisation goals and want to consider changes to the planning system to better support it—[Interruption.]

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[Lord Khan of Burnley (Lab)]

My Lords, the rules that determine whether a turbine can be classed as permitted development and not require a full planning application have not been updated for over a decade. With advances in technology and increased demand for small-scale generation, there may be opportunities to update these rules. Therefore, I hope the noble Lord will be pleased to hear that the Government committed in the onshore wind strategy to publish a consultation this year on whether existing permitted development rights are fit for purpose and could support other forms of small-scale onshore wind deployment. I believe it is only right that we conduct a full consultation to gather views, insights and evidence on potential proposals, and ensure that we have considered the breadth of the benefits and impacts.

I hope the noble Lord is content with this response. Before I ask him to withdraw his amendment, I will respond to the very important point alluded to by the noble Lord, Lord Teverson. The Government recognise the urgency of reform and have already taken action. We have published the 8 July consultation; we will gather views on proposals and we are committed to bold and effective reform, but it is essential that we understand the full impact of these changes on all those involved. We will move at pace to bring forward any necessary legislation once the consultation analysis is complete. I kindly ask the noble Lord to withdraw his amendment.

[Baroness Neville-Rolfe (Con)]

Coming back to Amendment 77, I mention one word: growth. We are trying, with cross-party effort, to reform the planning system and speed it up. I hear some good ideas from the noble Earl, Lord Russell, my noble friend Lord Lucas and others, yet we are having another consultation and another quango—doing something “in due course”, at some time, somewhere else. This is the flagship planning Bill, and I want the Minister to consider whether there is more we can do in it to set a better tone on speed and growth, and to get local authorities to move forward on the things which, as many agree, are bureaucratic and unnecessary.

[Lord Teverson (LD)]

Following on from the noble Baroness, Lady Neville-Rolfe, can the Minister give us some idea of a timetable for this, given that there is total unanimity that we are not in a sensible position and we need growth and to move this whole proposition forward? The consultation is about to end. Will we get this fixed by the end of the year, for instance? Could we be revolutionary and have something ready for Report? I am interested to hear from the Minister.

[Lord Khan of Burnley (Lab)]

We all share the opinion that we need to get this Bill on to the statute book speedily and to ensure that we have the growth to which the noble Baroness alludes. However, we need to do this by reflecting on and responding to the consultation, and for that to happen, we have to wait for it to finish—which is tomorrow, by the way. We will look diligently and carefully at the responses and ensure that we have a system that is fit for purpose, growth and development, so that this country grows. This Bill will play its part, but there will be secondary legislation following consultation. We hear noble Lords’ desire, which is also the Government’s; we are all on the same page, and we want to move robustly and diligently in considering the consultation that we launched.

[Earl Russell (LD)]

My Lords, I thank noble Lords who have taken part in the debate on this group of amendments. It has been a very useful group, and I note the unanimity around the House on these issues.

I thank the Minister for his response. I note that there is a consultation, which is closing tomorrow, on some of these matters. I would be interested to know which bits of my amendment are not in the consultation and how the Government plan to take those forward. I also press the Minister to take them forward as quickly as possible. If there is any scope for having conversations between now and Report, I would welcome that. If we can collectively take action on these matters where we agree, and make progress, that would be welcomed across the House. A government amendment on Report would also be greatly appreciated.

I thank the noble Baroness, Lady Coffey, for her important amendment. It is important that floating solar is not excluded. As she said, it is a nascent technology, subject only to the issues of not taking up water and leisure space, and perhaps that of drought. I absolutely welcome her amendment and hope that it can progress as well.

I also thank the noble Lord, Lord Lucas, for his amendment. I am not certain I can promise him a bonfire of regulations from my party hierarchy, but I support the amendment he has put forward, subject only to that one drafting issue. It is in exactly the same spirit as my amendment but comes from a different place, looking at what we can do to provide permitted development for such things.

Across these amendments, there is some interesting uniformity and common purpose on getting these things done, and I thank the Minister for his response. I beg leave to withdraw Amendment 77.

--- Later in debate ---

[Lord Teverson (LD)]

My Lords, I just want to welcome that speech from the noble Baroness, Lady Bloomfield. It was excellent in its tone and entirely different from that of her colleague, the noble Lord, Lord Offord, when he spoke from the Front Bench. I congratulate the noble Baroness.

[Lord Khan of Burnley (Lab)]

My Lords, let me take this opportunity to welcome the noble Baroness, Lady Bloomfield, to her place on the Front Bench. I look forward to the exchanges ahead.

I turn to Amendments 78 and 79A, tabled by the noble Earl, Lord Russell, the noble Lord, Lord Swire, and the noble Baroness, Lady Coffey. I thank them both for tabling these amendments and for their interest in and commitment to improving grid capacity and electricity distribution infrastructure.

Amendment 78 seeks to require the Secretary of State to consult on and implement measures to grant distribution network operator powers in relation to the acquisition of and access to land, with the aim of accelerating electricity distribution network infrastructure build and maintenance. The Government are fully committed to achieving clean power by 2030. It is clear that a rapid expansion of the electricity network is essential to delivering that mission. Although we agree with the intent behind this amendment, we do not believe that it is appropriate to legislate on these matters through this Bill.

As previously outlined, the Government launched a public consultation on 8 July; it closes tomorrow, on 2 September. That consultation includes proposals on land access and rights and seeks views from a wide range of stakeholders, including network operators, landowners and local authorities. Once the consultation closes, the Government will undertake a thorough evaluation of the responses to understand stakeholder concerns and to assess any potential unintended impacts ahead of implementation. Introducing changes now, before that work has been done, would pre-empt that process and risk undermining the careful balance that we are trying to strike between speeding up delivery and protecting landowner rights.

We are committed to acting quickly once the consultation process is complete but we must do so in a way that is informed, proportionate and legally sound. I hope that the noble Earl, Lord Russell, is reassured by this response; I kindly ask him to withdraw his amendment. I will take his offer forward with my officials and look forward to meeting the noble Earl, alongside my noble friend Lady Taylor, on the issues raised in this area.

I move on to Amendment 79A in the name of the noble Lord, Lord Swire. This amendment would introduce a statutory presumption in favour of undergrounding power lines. It would require developers to demonstrate that undergrounding was their preferred and initial option, and that it was infeasible on cost or engineering grounds, before overhead lines could be approved. We understand that some communities hold strong views in favour of undergrounding, particularly due to concerns about the visual impact of overhead lines. We are aware that the support is partly driven by examples seen internationally, where undergrounding is used in certain contexts.

The Government’s position is that overhead transmission lines should be the starting presumption for electricity network developments except in nationally designated landscapes, where undergrounding is the starting presumption. That is because overhead lines are significantly cheaper, as undergrounding can cost up to four and a half times more, with costs ultimately passed on to bill payers. Overhead lines are also quicker to build, cause less environmental disruption and are easier to maintain and connect to existing networks.

That said, we totally understand the point made by the noble Lord, Lord Cromwell. I reassure him that neither I nor my noble friend Lady Taylor answered the Question that he asked in relation to pylons, but we look forward to speaking to and working with officials to get more detailed examples of costs and how they work in different ways in different combinations. The noble Lord asked a question that I did not previously answer on whether the network permitted development rights proposals in the current consultation cover compulsory purchase. I can confirm they do not, but there will be a huge debate—well, hopefully not a debate, but a huge discussion—on compulsory purchases in due course.

Strategic network planning is critical to ensuring that transmission infrastructure is designed and delivered in a way that meets system-wide needs. The National Energy System Operator, NESO, through the forthcoming centralised strategic network plan, will assess technology options against key criteria—including cost, deliverability, operability and community and environmental impact—and recommend optimal solutions. Developers will then apply those recommendations at a project level, refining routes and designs within existing planning and regulatory frameworks.

Accepting the amendment would move us away from a strategic, co-ordinated, system-wide approach to grid development and towards a more fragmented process. While undergrounding is already used on a case-by-case basis where justified, the amendment could lead to more frequent project-level decisions, undermining strategic system-wide planning. That risks creating inconsistency, reducing efficiency and ultimately slowing down the delivery of the infrastructure. We need to meet our clean power 2030 and net-zero targets. Further, the amendment would shift the burden of proof onto the developer, which would add complexity, legal risk and delay to an already lengthy consenting process. Given the significantly higher costs and technical complexity of underground lines compared with overhead, the amendment is unlikely to increase the use of undergrounding but would add additional time to the planning and delivery process.

Amendment 94, tabled by the noble Baroness, Lady Coffey, would require that electrical or communications cables under land in active agricultural use must be buried to a minimum depth of two metres from the surface level, and deeper if required. Existing legislation for electrical cabling is contained in the Electricity Safety, Quality and Continuity Regulations 2022. They require that:

“Every underground cable shall be kept at such depth or be otherwise protected so as to avoid, so far as is reasonably practicable, any damage or danger by reason of such uses of the land which can be reasonably expected”.


This legislation is supported by industry codes that provide the specific standards for the relevant minimum burial depth, considering different factors and use cases. These industry codes must comply with the legislation that forms the quality standards that network operators must legally operate within.

For agricultural land, the minimum recommended depth for electricity cables, set out in the Energy Networks Association’s engineering recommendation G57 for cable laying on agricultural land, is 910 millimetres. This is intended

“to provide sufficient depth to safeguard against damage from deep ploughing and cultivation, and from the mechanical installation of drainage systems”.

Recommendation G57 says:

“This depth requirement takes account of the wishes of the National Farmers’ Union”.


Agricultural activities including deep cultivations, subsoiling and mole draining rarely extend deeper than 700 millimetres below the soil surface. Installing cables at depths greater than 910 millimetres can introduce engineering and environmental constraints, such as increased heat generation from the cables, which may require additional mitigation measures such as increased pole spacing. Deeper installation would necessitate a wider and deeper trench, raising the risk of potential detrimental impacts on the soil resource due to soil handling and storage. The existing legislation is supported by detailed industry standards, ensuring an agile framework whereby the relevant standards can be flexibly updated and refined in line with evolving circumstances such as innovation while minimising potential impacts on agricultural land.

To conclude, similarly for communication cables, the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 include a requirement that code operators must install apparatus such as cabling at a depth that does not interfere with the use of the land. This ensures that the land can continue to be used for the purpose that the landowner wishes, even where there is electronic equipment buried in the ground. Introducing a new requirement for the depth of communications cables could increase digital infrastructure deployment costs substantially, slowing network build and potentially preventing the Government’s ambition of a nationwide coverage of stand-alone 5G and gigabit-capable broadband.

For the reasons outlined, I do not think that these amendments are necessary and I therefore kindly ask the noble Earl to withdraw his amendment.

[Earl Russell (LD)]

My Lords, this has been an interesting group of amendments, and I thank everyone who has tabled an amendment or taken part in the debate. I thank the Minister for responding so thoroughly and welcome his commitment to work with me between now and Report in relation to Amendment 78.

My only real concern is that I am aware that renewable energy operators are not included in the Government’s consultation. Equally, they were not included in my amendment, but they are an important part of the picture. If we could work together to try to find a solution so that they could be included in the process, preferably prior to Report, it would be appreciated.

I welcome the noble Baroness, Lady Bloomfield, to her place and recognise the point that she made on parliamentary scrutiny in relation to my amendment. I will take that on board. It was not my intention to exclude it.

On the amendment in the name of the noble Lord, Lord Swire, it is important that these issues are raised. I welcome the fact that this was put forward as a probing amendment. These are difficult issues that need to be balanced. I do not think that anybody knows the true cost of burying cables, because it depends on what you are burying them in, so I do not think there is an absolute answer. It seems clear that some of these costs are coming down. That may be something that the Government want to look at again.

There is an important need in this debate to balance the cost, which ultimately goes to consumers, with the need for the Government to be open, able to listen, to vary plans in response to communities’ concerns and to be able to persuade and hold the energy companies to account to take more expensive options where there are particular impacts. To that end, I also welcome that the amendment from the noble Lord, Lord Swire, would be against the EN-1, the overriding energy policy statement. I ask the Government to be open to the idea. I know that there are legislative conditions around areas of outstanding natural beauty, but the Government should be open and mindful of community concerns and make sure that budgets are available for burying cables where communities raise particular concerns or there are particular types of landscapes. I welcome the news that we had yesterday of the cable from Norfolk going south. In response to the consultation that took place with communities, bits of that have been buried. I think that is the right approach. With that, I beg leave to withdraw my amendment.

--- Later in debate ---

[Lord Goodman of Wycombe (Con)]

My Lords, I rise, as my noble friend on the Front Bench said a moment ago, to speak to my Amendments 85A, 88B and 88C, which seek to effect the recommendations of the Delegated Powers and Regulatory Reform Committee, of which I am a member, on this Bill. I shall speak to them briefly.

The amendments fall into two parts. The first part refers to benefits that shall arise for people who live in homes near electricity transmission projects—a very good principle and one which I am sure that we all agree. The question then follows: who should be eligible for this scheme and who should be eligible to receive these benefits? The Government say that that should be decided by regulation—and, again, that seems perfectly reasonable.

The question is about the level of parliamentary procedure that the regulations in question should receive. The Government propose that only three aspects of these wide-ranging new sections, Sections 38A to 38D of the Electricity Act 1989, which this Bill amends, require the affirmative procedure, and that all other aspects of the scheme will be made by negative procedure resolutions, on the grounds that those regulations are merely of an “administrative or technical nature”. However, the committee’s view, many aspects of the regulation-making powers proposed by the Government are

“important matters of substance rather than mere ‘administrative or technical’ matters”.

I shall cite just three of them as quoted in our report. There is:

“making provision determining whether premises or works are qualifying … conferring and delegating functions in connection with the scheme”

and

“providing for payments by electricity suppliers to meet costs incurred in the carrying out of functions in connection with the scheme”.

The argument of the committee is that those matters are not merely administrative or technical but rather more substantial, and it concluded:

“The affirmative procedure should apply to all regulations made pursuant to the provisions inserted by clause 26 of the Bill, not just those matters mentioned in new section 38A(6) of the Electricity Act 1989”.


That is the first matter. The second matter is the use of forestry estate for renewable electricity, which is again a perfectly sensible aim and one with which I am sure noble Lords will agree. Clause 28 inserts new Section 3A into the Forestry Act 1967 to give forestry commissioners powers to use land in England for this purpose, and it gives the same powers to the Natural Resources Body for Wales. The Government say, in effect, that the two bodies should not worry because they will not interfere if those bodies wish to engage in small-scale projects of this kind—they will do so only if they believe that the projects that those bodies wish to undertake are significant. That is fine, but the committee noted that

“this requirement of significance does not appear on the face of the Bill”.

It went on to say:

“We do not judge delegated powers on how the Government say that they will use them but on how any Government might use them … Clause 28 should state explicitly that Ministerial consent to Forestry Commissioners’ and the National Resources Body for Wales’ renewable electricity projects should only apply to significant projects”.


In conclusion, my understanding is that the Attorney-General is of the view that delegated powers have been used by previous Governments, especially the last one, in a somewhat slipshod manner, and that this new Government will do better. If the Minister on the Front Bench is to follow in the footsteps that the Attorney-General has laid out, I look forward to him being able to give a positive response to what I have said and to the committee’s report, and I look forward to hearing from him in due course.

[Lord Khan of Burnley (Lab)]

My Lords, I turn to Amendments 80, 81, 82, 85A, 88B and 88C, which relate to Clause 18 and consents for electricity infrastructure in Scotland and delegated powers in the Bill. I thank the noble Lord, Lord Roborough, for tabling the amendments on consenting in Scotland and the noble Lords, Lord Offord and Lord Blencathra, for supporting him. I also thank the noble Lord, Lord Goodman, for the amendments relating to the Bill’s delegated powers.

I turn to Amendment 80, which seeks to prescribe that any fees paid to Scottish Ministers for processing electricity infrastructure applications and for any pre-application services provided may be used only for consumer benefits or local planning authorities. Clause 18 creates a power to make regulations relating to fees to be paid to Scottish Ministers on the application for consent or anything done by them in relation to a proposed application under Sections 36 or 37 of the Electricity Act 1989.

Scottish Ministers already have the power to make regulations for determining the fees to be paid on applications, with the Bill creating a power to make regulations for fees for pre-application services. This aims to allow the Scottish Government to resource their own efficient processing of electricity infrastructure applications and pre-application services. The UK Government recognise the importance that local planning authorities have in the consenting process, and that they therefore need to be appropriately resourced.

While I welcome the spirit of the amendment, the resourcing of local planning authorities in Scotland is a devolved competence. Scottish Ministers will consider the resourcing of statutory consultees and local planning authorities to ensure that they are adequately resourced and have the skilled workforce to carry out any additional responsibilities created by these reforms. It would therefore not be appropriate for the UK Government to be prescribing in statute how Scottish Ministers direct their resources.

The amendment would also provide for the directing of fees to community benefits packages. Over the past 12 months, renewable energy developers in Scotland have offered more than £30 million in community benefits. The UK Government are committed to the provision of community benefits for energy infrastructure. On 21 May 2025, the UK Government issued a working paper for public comment on proposals to mandate community benefits for low-carbon infrastructure and next steps for shared ownership. The deadline for comment has now passed and responses are being analysed which will inform next steps.

In Scotland, the provision of community benefits is already a well-established element of renewable energy developments. The Scottish Government have had good-practice principles for community benefits from renewable energy in place since 2014, and these are currently under review following the response to a public consultation that closed in April 2025. Similarly to the position on local planning authorities, it would not be appropriate for the UK Government to prescribe in statute that Scottish Ministers should direct fees received for processing consenting applications to community benefits packages.

Amendment 81 would require Scottish Ministers to hold a public hearing whenever an objection from the relevant local planning authority is received regarding an application for consent. Additionally, Scottish Ministers would not be able to make a decision on an application until at least one month after a public hearing session has taken place. The Scottish consenting reforms are intended to make the electricity consenting process in Scotland more efficient, while retaining opportunities for local communities and planning authorities to participate meaningfully in the process. A key aspect of the reform package developed with the Scottish Government is to move away from the current prescriptive methods of handling objections by local planning authorities to consent applications, which has resulted in a slower system, with decisions that can be delayed for years.

To deliver efficiencies, the proposed provisions allow for various procedures to be used in such circumstances, at the discretion of a reporter appointed by the Scottish Government. These may include holding one or more hearing sessions, or a public inquiry. Reporters are experienced specialists. In addition to considering written representations on the application, they may conduct site visits, request further written submissions from specific parties, and/or conduct hearings or inquiries. The amendment would introduce an additional requirement to the consenting process, mandating a public hearing regardless of other procedures a reporter may determine necessary, which could already include a hearing session or written representations. These reforms will bring in a more efficient consenting process that brings certainty to both applicants and communities. To achieve this, it is vital that the Scottish Government are able to examine objections by local planning authorities through the most appropriate and proportionate method.

Amendment 82 would remove Clause 18(4), which changes the way in which local authority objections to applications for consent for electricity infrastructure are managed. At present, public inquiries are required to be held in Scotland when the relevant local planning authority objects to an application under Sections 36 or 37 of the Electricity Act 1989, no matter the nature of the objection. Public inquiries tie up many electricity infrastructure consenting applications in Scotland for months and even years. This adds both time and uncertainty to the consenting process, leaving communities and applicants in limbo. It is a major barrier to the timely deployment of low-carbon electricity infrastructure when we need it most. While public inquiries have a key role to play in ensuring that there is a transparent and thorough assessment of significant objections to electricity infrastructure projects, it is not proportionate or sensible that all such objections should be referred to this process.

As noble Lords will be aware, a primary aim of the Scottish consenting reforms is to streamline the process wherever possible, while retaining the right for local communities to have meaningful opportunities to comment on and influence applications. Clause 18(4) retains the right for relevant planning authorities to object to applications for consent, while bringing in a targeted, effective process fit for a modern consenting system. This is essential to end delays in electricity consenting and put in place the infrastructure we need. The policy intent of this clause is to move away from the current prescriptive methods for handling objections by local planning authorities to consent applications, which has resulted in a slow system, with decisions that can be delayed for years.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, Amendment 82B from my noble friends Lord Offord of Garvel and Lord Roborough would require the Secretary of State to report on the impact of this Bill on the UK’s long-duration electricity storage capacity. It is both reasonable and necessary. The new clause in Clause 25 makes reference to a scheme designed to encourage the development and use of long-duration electricity storage installations, but, as with any major intervention in our energy system, it is essential that we couple ambition with accountability. That is precisely what this amendment seeks to ensure.

The case for energy storage is seemingly clear. All sides of this Committee recognise the need to address the intermittency of renewable sources, particularly wind. Storage is seen as part of that solution, but we must be realistic about the scale of the challenge. We are often told that battery storage will save us; that it will plug the gap when the wind does not blow. But let us look at the numbers. The UK’s average daily electricity demand is 780 gigawatt hours. Our current battery storage capacity is roughly 12 gigawatt hours, which would keep the lights on for approximately 30 minutes. Globally, total battery storage is around 369 gigawatt hours—enough to power the UK for barely a day. This is not to dismiss the importance of innovation nor the promise of new technologies but to say we must deal in facts. We must measure progress and we must understand whether the scheme we are legislating for is delivering results. The requirement to report to Parliament on the impact of this Bill in this crucial area is not bureaucracy; it is oversight and it is responsible governance.

I now turn briefly to Amendment 82A, tabled by my noble friend Lord Fuller, which addresses the important and growing issue of fire safety in relation to long-duration electricity storage systems. However, I should say not all long-duration energy storage systems—and I think I can probably justify squeezing in another Welsh reference here to First Hydro’s schemes at Dinorwig and Ffestiniog power stations and the proposed Dorothea pump storage scheme, none of which will cause safety or fire issues.

As we move towards decarbonising our energy grid and increasing our reliance on renewable sources, long-duration energy storage is set to play an increasingly central role in stabilising supply and ensuring resilience. These technologies, whether battery-based, thermal or otherwise, are argued to be essential to the UK’s clean energy future. But with innovation comes responsibility, and we must be alert to the safety implications that accompany some of these new forms of infrastructure.

Amendment 82A rightly recognises that some forms of long-duration energy storage, particularly those involving large-scale batteries or other flammable components, pose inherent risks, especially in the event of fire. These are not theoretical concerns. We have seen incidents, both here and internationally, where energy-storage sites have suffered fires that require significant emergency service intervention and in some cases posed serious threats to nearby communities. This amendment seeks to introduce a sensible precaution that proposals for such technologies should be developed in consultation with the local fire and rescue authority. This would help ensure that any fire risks are assessed and mitigated early in the planning process and that emergency services are properly informed and prepared should an incident occur. As we roll out more of these systems in urban and rural settings alike, that reassurance will be crucial not just for planning authorities and operators but for the public.

This is a pragmatic and proportionate amendment. It reflects legitimate public concern and supports our wider objectives without compromising safety. I look forward to hearing the Minister’s response and, I hope, his assurance that public safety and fire risk will remain at the forefront of policy and operational planning as we deliver the energy infrastructure of the future.

[Lord Khan of Burnley (Lab)]

My Lords, Amendment 82A, tabled by the noble Lord, Lord Fuller, seeks to require long-duration electricity storage—LDES—operators to consult local fire authorities to assess the project’s fire risk before installation. I want to assure the noble Lord that this Government take fire safety extremely seriously, but we do not feel this amendment is necessary or proportionate, and it risks unintended consequences. I personally want to say to the noble Lord that, since fire has come from the Home Office into MHCLG, I have the ministerial responsibility for fire, and the noble Lord is welcome at any time to drop me a line to discuss anything related to this point or any concerns around fire safety.

The Health and Safety Executive regulates battery-energy storage system—BESS—sites within a robust framework that mandates battery designers, installers, and operators to uphold high safety standards. Our planning practice guidance encourages developers of BESS sites to engage with local fire and rescue services prior to the submission of their planning application and to consider the National Fire Chiefs Council’s guidance, so that matters relating to fire safety can be considered at the outset. However, we are going to go further than this. The Government are considering additional measures to enhance the regulation of the environmental and safety risks of BESS. Defra recently published a consultation on proposed reforms to environmental permitting for industry, including the principle of including BESS in scope of the environmental permitting regulations. This would give further safeguards for both people and the environment.

This amendment would add burdens to local fire and rescue services. Further changes to the long-duration electricity storage cap and floor scheme would add complexity to the system, which would lead to increased cost and time for the applicant. I hope that the noble Lord, Lord Fuller, is satisfied with my response, and I kindly request he withdraws his amendment.

Amendment 82B, tabled by the noble Lords, Lord Offord of Garvel and Lord Roborough, requires the Secretary of State to report to Parliament on the impact of the Planning and Infrastructure Act on the UK’s long-duration electricity storage capacity within five years of it being passed. I want to assure the noble Lords that this Government are committed to monitoring the development of the UK’s long-duration electricity storage capacity, as well as our wider clean power 2030 ambitions. Ofgem is proceeding at pace with the delivery of the first window of the cap and floor regime, and expects to announce final decisions on successful projects, in both the 2030 and 2033 delivery tracks, in the second quarter of next year. Ofgem will remain closely involved in monitoring delivery of those projects, and information on their features and progress will of course be made public at the appropriate stage, as they would be for any other major generation projects.

The Government publish statistics on the UK’s electricity storage capacity annually in the Digest of UK Energy Statistics—DUKES. This currently includes pumped storage hydro and grid-scale batteries. Other types of LDES will be added to the publication when they become operational. The Government also have a statutory duty to report on their carbon budget progress under the Climate Change Act 2008. For instance, the Act requires the Climate Change Committee to provide an annual report to Parliament on the UK Government’s progress in reducing greenhouse gas emissions, and we would expect future reports to include all relevant and significant developments in this regard, including those on delivery of the LDES cap and floor. The Government have a statutory duty to lay their response to the Climate Change Committee’s progress report before Parliament.

Given these existing monitoring and reporting commitments, this amendment to create additional reporting requirements is not necessary. I trust that the noble Lords, Lord Offord and Lord Roborough, are satisfied with our responses and I therefore kindly ask them not to press their amendments.

[Lord Berkeley (Lab)]

My Lords, the news that my noble friend has given us about the further checks and balances and reports on fire safety are very encouraging. However, the noble Lord, Lord Fuller, raised the question of the fire on top of the multi-storey carpark in Luton. There was a similar incident—just as bad, if I may say so—on a ship, somewhere between the Netherlands and the UK, which was carrying several hundred cars with these batteries. Apparently, the ship set itself on fire and the cars set each other on fire, and it was very lucky that nobody was hurt, because there was no way to put out the fires. I think the ship sank in the end.

My concern, to which I am sure my noble friend can respond, is that all these new reports are very useful, but what is missing is some transparency as to what actually happened. What happened on the roof of Luton airport carpark? We do not really know. Everybody denies that it was anything to do with lithium ion, but most people think that it probably was and that the then Government said nothing because they did not want to upset people. I hope my noble friend will agree that transparency is a very important part of the ongoing work.

[Lord Khan of Burnley (Lab)]

Let me reassure my noble friend that transparency is absolutely important in this situation. Both my noble friend and the noble Lord, Lord Fuller, provided examples; of course, it would be remiss of me to comment on them, but I am sure there will be some investigation and learning from them. If the point is to go away and find out what lessons have been learned, and look at them as part of our transparency, it is a good one and I accept it.

[Lord Fuller (Con)]

My Lords, we have had an interesting, brief debate which actually had a few twists and turns. The Minister asked me whether I was satisfied with his response and I regret to say that I am not satisfied at all, for reasons I will give in a moment. Before that, I will deal with the interventions from the noble Earl, Lord Russell. I was not sure whether he was for or against this amendment, but I regret that he fatally undermined the Lithium-ion Battery Safety Bill, brought forward by his noble friend Lord Redesdale, which now must be pointless from the Liberal Democrats’ point of view. I would have thought he would have been standing full square behind my amendment, which highlights the dangers of lithium.

The noble Baroness, Lady Bloomfield, quantified the value of battery storage in terms of amp hourage and capacity. However, the value of battery storage is not necessarily purely in the storage capacity; it is in the smoothing of voltages at an aggregate level, across a whole grid, and maintaining the hertz. It is a difference of only 0.2 hertz in the Iberian catastrophe that caused the contagious knock-on effect that brought down the entire grid in Iberia, in Spain and Portugal. So we must not look at battery storage in terms not only of current but of stability.

Planning and Infrastructure Bill

Lord Khan of Burnley Excerpts

Committee stage
Monday 1st September 2025 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, this group of amendments relates to the development and implementation of local area energy plans. The proposals raise important questions about the role of local authorities in our transition to a decarbonised, secure and efficient energy system. We have heard some thoughtful contributions about the tensions between local and central government, but also of the enormous potential when the right balance can be struck between the two.

Let me begin with Amendment 90, in the name of the noble Earl, Lord Russell, which would require all local authorities to prepare and publish local area energy plans. These plans would outline current and future energy needs and the decarbonisation pathways to meet them. The underlying intent here is one we can all recognise. The energy transition cannot be delivered only centrally; local authorities must have a clear understanding of their energy demands and the means to meet them sustainably. The noble Earl, Lord Russell, made a number of good points, reinforced by the noble Lord, Lord Hunt of Kings Heath, on which we might all agree in principle.

However, while we acknowledge the ambition behind this amendment, we would caution against placing an additional statutory duty on all local authorities, particularly at a time when many face stretched resources and competing priorities. A blanket requirement risks creating a burden of compliance that may prove challenging for councils already struggling with core service delivery. We must ensure that our expectations of local government are realistic, proportionate and backed with adequate support.

Amendment 177, tabled by the noble Lord, Lord Ravensdale, seeks to define the consultation and approval process for local area energy plans and mandates the provision of guidance to assist local authorities in their preparation. We recognise the positive intention here to provide clarity, consistency and technical support to authorities seeking to engage with this important agenda. This amendment also aims to widen the uptake of such planning and to define better the role of local authorities in delivering the future energy system. Those are commendable aims. While we must avoid onerous procedural hurdles or risk diverting local effort away from practical delivery into process-heavy reporting, we hope the Minister will consider this amendment carefully.

In conclusion, these amendments rightly draw attention to the importance of empowering local authorities in the energy transition. I welcome the debate and the ideas put forward, but urge a cautious, pragmatic approach. I look forward to the Minister’s response and any reassurances he can give on the Government’s direction in this space.

[The Parliamentary Under-Secretary of State, Ministry of Housing Communities and Local Government (Lord Khan of Burnley) (Lab)]

My Lords, I start with Amendments 90 and 177, which relate to local area energy plans. I thank the noble Earl, Lord Russell, the noble Baroness, Lady Bennett, and the noble Lords, Ravensdale and Lord Hunt of Kings Heath, for tabling these amendments.

Amendment 90, tabled by the noble Earl, Lord Russell, seeks to require all local authorities and combined authorities to produce a local area energy plan. The Government are committed to working in partnership with local government, in recognition of the essential role that local places play in accelerating to net zero and supercharging our mission to deliver clean power by 2030. We recognise that, in support of this role, some local authorities have already produced local area energy plans and have used them to plan for the investment they need to support the energy transition and deliver net zero in their areas. We welcome the work that many local authorities have undertaken to develop and deliver their local energy plans. Local authorities may well be considering how planning their future energy needs may form part of their local growth plans or help contribute to Ofgem and NESO’s work on regional energy strategic plans.

However, this is not the right time to place further burdens on local authorities, while the approach to energy planning is still under development. We are considering how these plans might align with a range of regional and national plans, including the regional energy strategic plans, the warm homes plan, heat network zoning and Great British Energy’s local work. With that in mind, we continue to consider the potential benefit of local net-zero plans, working with partners across central and local government such as the local net-zero hubs, Great British Energy, NESO, Ofgem and Innovate UK.

We are also learning from the work of several local authorities in England which have already undertaken to develop their own plans, in recognition of the important lessons that can be learned from local authorities. In the meantime, local authorities that wish to assess whether energy planning fits with their wider strategic plans can access a range of support to help them develop local plans, including the tools and advice available on the Net Zero Go digital platform, supported by the department and the advice and support available to them from their local net-zero hubs.

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[Earl Russell (LD)]

I welcome the Minister’s response to my amendment and the amendment in the name of the noble Lord, Lord Ravensdale. However, I am hearing from the Minister that this is not the right time to do this stuff. I understand that the Government are actively drawing up different strings and bits of policy and bringing them together. However, if now is not the right time, when might be the right time?

The Minister says that the Government are drawing together policy but also that there are loads of policy guidance available for local authorities that want to do this. The two statements are almost contradictory. Now is not the right time for the Government to give guidance, but guidance is available to any local authorities that want it. My worry is that this leads to guidance that is much more open to interpretation, which the Government do not have proper control of and which could be followed in multiple different ways without the Government having control over it. I strongly ask the Minister to think again on these matters. These are really important issues. I recognise that the Government are forming policy, but forming policy and working with local authorities are not contradictory things. These are everyday matters of government.

I thank the Minister for his response but call on the Government to think again.

[Lord Khan of Burnley (Lab)]

I appreciate the noble Earl’s contribution, but I politely disagree in that there is a lot of advice and support from local net-zero hubs funded by DESNZ. I understand and sympathise with what he is saying. We have all said today that we want to get moving as fast as we can, in a speedy manner, and to grow. This is all part of the agenda. We want to make sure that we get things right, be concise and have the right level of engagement and consultation, to ensure that when we have the clear plan moving forward it is well understood and implemented and does not have unintended implications or consequences.

[Lord Ravensdale (CB)]

I want to complement what the noble Earl just said. A couple of years back, when I raised this as part of the Energy Act 2023, I remember being given a similar response: this was still being considered by the Government as part of how it would fit into the bigger picture. But I think the Government need to recognise the real importance of that governance-level flow-down from national to regional to local, the importance of local understanding in this picture and the real priority that needs to be placed on developing this guidance and strategy for local areas to take it forward. I hope the Minister will reflect on that.

[Lord Khan of Burnley (Lab)]

I take note of the noble Lord, Lord Ravensdale, complementing the noble Earl, Lord Russell, and I recognise that there is a lot of work to do. I appreciate that the noble Lord has raised this before, but now we actually have a Planning and Infrastructure Bill which will very much fix the foundations of the whole growth to net zero and clean energy 2030.

My final and important point on this is that now is not the right time because we do not want to put further burdens on local authorities while we are still developing and finalising our energy planning. That is still under development, but I reassure the noble Lord that we are on it. We want to make sure that this happens as fast as possible, and this Bill will help us to change a lot of the infrastructure, thinking and systems in place in order for our country to grow.

[Earl Russell (LD)]

I withdraw my amendment.

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[Lord Jamieson (Con)]

My Lords, I thank my noble friend Lady Coffey for bringing this matter to the attention of the Committee, in particular the issue of concentration of power supply and potential implications. This amendment would limit the consent for electricity infrastructure within a 50-square mile area where the cumulative capacity is more than 10% of the country’s total. This raises several important questions for the Government. What assessment has been made of the cumulative impacts on a local area already hosting significant infrastructure? Additionally, how will fairness between different regions be measured and maintained? What mechanisms are in place to prevent overconcentration in certain areas at the expense of others, given, as my noble friend mentioned, the potential strategic risks to the country? I look forward to the Minister’s reply.

[Lord Khan of Burnley (Lab)]

My Lords, Amendment 94C, tabled by the noble Baroness, Lady Coffey, would create a new local area test, designed to limit the consenting of electricity infrastructure by reference to a percentage of the national total. In other words, it is addressed at the overconcentration of infrastructure in particular places.

The Government agree with the noble Baroness that the siting of electricity infrastructure should be considered carefully. While the Government are taking a strategic view, they are doing so via the strategic spatial energy plan and the centralised strategic network plan, due for publication by the end of 2026 and 2027 respectively.

It is unclear how exactly the amendment is intended to work in practice, given the complications of concepts such as cumulative capacity. It is not in the national interest for individual applications to be assessed or prevented by reference to a subjective threshold. They must be judged on the need case for the infrastructure weighed against local impacts, and that is precisely what the current system achieves. For projects designated as nationally significant, known as NSIPs, there is already a national policy statement, approved by Parliament, which sets out in detail the need case for this infrastructure and all the considerations that must be applied when consenting it.

This amendment would add further complexity to the consenting system, which could lead to a slowing down of the decision-making process for low-carbon and electricity infrastructure projects, which are crucial for this country—although, in practice, the threshold of 10% of the entire country’s electricity capacity is so high that it is highly unlikely that any project would in fact reach such a threshold.

The Government agree that infrastructure planning should have a special element. The strategic special energy plan will support a more actively planned approach to energy infrastructure across England, Scotland and Wales, land and sea, between 2030 and 2050. It will do this by assessing and identifying the optimal locations, quantities and types of energy infrastructure required for generation and storage to meet our future energy demand with the clean, affordable and secure supply that we need.

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[Lord Jamieson (Con)]

My Lords, I rise briefly to talk to Amendment 94D, tabled in the name of my noble friend Lady Coffey. This amendment concerns constraints on grants delivered by the Gas and Electricity Markets Authority. I simply ask the Minister whether he can clarify how the Government intend to ensure that such grants are awarded in a way that is both transparent and consistent across different technologies. I look forward to the Minister’s response.

[Lord Khan of Burnley (Lab)]

My Lords, Amendment 94D tabled by the noble Baroness, Lady Coffey, seeks to prohibit the Gas and Electricity Markets Authority—GEMA—from granting or considering early construction funding or accelerated strategic transmission investment unless planning consent has already been secured.

While I understand that network companies should not be given excessive funding for projects where procurement or construction costs are not yet incurred, I must urge noble Lords to consider the unintended consequences that this amendment would have for our energy infrastructure and our collective ambition to deliver a net zero-ready grid.

Let us be clear: the mechanisms in question, early construction funding and ASTI, are not blank cheques. They are carefully staged investments, including stages designed precisely to support the preparatory work that enables planning consent to be sought in the first place. This includes environmental assessments, route design, stakeholder engagement and technical feasibility studies. These are not luxuries; they are prerequisites for any responsible and successful planning application.

To deny access to funding before planning consent is granted creates a paradox. Planning consent cannot be obtained without preparatory work, and preparatory work cannot be funded without planning consent. This amendment risks trapping vital transmission projects in a bureaucratic cul-de-sac.

We are not debating theoretical infrastructure; we are talking about the backbone of our future clean energy system—projects that will connect offshore wind, solar and other renewables to homes and businesses across the country. These are the arteries of our economy. Delaying them risks not only our clean energy mission and net-zero commitment but the security and affordability of our energy and wider economic growth as grid capacity is needed to power new investments.

Moreover, GEMA already operates under a rigorous framework of accountability and oversight. Funding decisions are not made lightly; they are subject to scrutiny, cost-benefit analysis and alignment with strategic national priorities. To impose a statutory constraint at this stage would not enhance that process but hinder it. I therefore kindly ask the noble Baroness, Lady Coffey, to withdraw her amendment.

[Baroness Coffey (Con)]

I beg leave to withdraw the amendment.

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[Baroness Scott of Bybrook (Con)]

My Lords, I thank my noble friend Lady Coffey for bringing Amendment 94F to the attention of your Lordships. It would ensure that the duty relating to environmental principles was published in full. I ask the Minister: how are the Government going to monitor compliance in relation to environmental principles? As importantly, how will Parliament be kept informed of progress in this area? I thank my noble friend Lady Coffey for tabling her amendment and allowing us to ask those questions, and I look forward to the Minister’s response.

[Lord Khan of Burnley (Lab)]

My Lords, I was beginning to feel a bit of déjà vu before the noble Baroness, Lady Scott, spoke in place of the noble Lord, Lord Jamieson.

Amendment 94F, tabled by the noble Baroness, Lady Coffey, seeks to ensure that where an energy infrastructure project requires an assessment in relation to the environmental principles policy statement by the Secretary of State or the Gas and Electricity Markets Authority, this assessment and any advice provided and considered as part of that assessment is published.

As highlighted throughout today’s debate and in earlier discussions on the Bill, it is essential that we press ahead and deliver the critical infrastructure that we need to cut greenhouse gas emissions to net zero by 2050 and to achieve a clean power system by 2030. I thank the noble Baroness, Lady Coffey, for tabling this amendment and for the opportunity to set out both how the environmental principles policy statement and the environmental principles more broadly are given due regard by this Government.