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.

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[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.

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[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.