Planning and Infrastructure Bill

Lord Roborough Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Lord Roborough (Con)]

My Lords, it is a great pleasure to rise to speak to the Government’s Planning and Infrastructure Bill—second last, as I am sure that noble Lords are aware. There is much to commend in the Bill, easing the path to building more homes for the people in this country and allowing strengthening of our infrastructure.

Before I begin, I draw the House’s attention to my register of interests as a farmer and landowner, an owner of residential development land, a developer of commercial property, renewable energy infrastructure and new forests, and an investor in natural capital-related businesses: Agricarbon, Cecil Earth, John Deere and Circular FX.

Planning goes to the heart of how homes are supplied. I hope that the Minister will consider the means by which we bolster much-needed supply, including the supply of planning officers, as many noble Lords have mentioned. We are deeply concerned about the proposed national scheme of delegation, which would remove councillors’ ability to vote on individual planning applications. As my noble friend Lady Scott of Bybrook set out earlier, democratic accountability matters, especially when it comes to housebuilding. Many noble Lords clearly agree.

Local consent, legitimacy and trust are essential to delivering not just more homes, but the right homes. While the planning system is part of the problem in the housing shortage and slow and expensive delivery of critical infrastructure, we must also address cost of delivery, heavily impacted by inflation on labour and materials; increasing energy-efficiency regulations; tighter environmental regulations; and accessibility and safety requirements. All these add to the cost, and we need to question whether we can truly afford all of them.

Housing affordability has also been impacted by the increase in mortgage rates, thanks to inflation and this Government’s forecast expenditure remaining at 45% of GDP over this Parliament, even with optimistic productivity forecasts, undermining financial markets’ confidence. What plans do the Government have to reduce the cost of building new homes and providing their infrastructure to make houses more affordable? Does the Minister intend to drive down new and existing house prices by creating a larger supply of houses than can be absorbed by the market at current prices? The housebuilders have received a bruising this evening, but what proportion of the 1.5 million target is expected to be supplied by the private housebuilding sector and what by the public sector?

I would like to focus on the environmental aspects of the Bill, set out in Part 3. While a nature restoration levy may appear to be a welcome simplification of the environmental conditions attached to the planning system, this is a problem that is more imaginary than real. As Richard Benwell from Wildlife and Countryside Link said in giving evidence to the other place:

“It is worth noting that Natural England reckons that 99% of the housing applications that it is consulted on go through perfectly properly; only 1% receive objections on the basis of environmental concerns. It is also worth noting that … the long-term trend is that only 10% of major infrastructure projects are challenged”.


Where is the problem that the Government are trying to fix with a radical overhaul of how environmental damage is dealt with in planning? Is this really because the Government resent £100 million being spent on a bat tunnel, or because the previous Opposition, now Government, rejected our amendment to the levelling-up Bill, which would have removed the blockage by Natural England advice on nutrient neutrality rules of well over 100,000 houses?

The fingerprints of Natural England are all over those instances, and I support my noble friends Lord Gascoigne and Lady Coffey and others in questioning whether Natural England should really be allowed to build an authoritarian empire to deliver these EDPs. Natural England will have forcible powers of entry, the ability to set its own fees, and uncontrolled compulsory purchase order powers, extending even to gardens and allotments. This does not seem right. We will be seeking to remove or restrict these powers and to challenge the role of Natural England in Committee.

We hear major concerns about Part 3 of this Bill from the National Trust, the NFU, the Wildlife Trusts, the Woodland Trust, Wildlife and Countryside Link, the Better Planning Coalition, the CPRE, the CLA, the RSPB and many more—I do not think I have ever come across an issue on which they were united. As the noble Baroness, Lady Young, highlighted, even the supposed beneficiaries are very concerned about Part 3 of the Bill. Many noble Lords from all Benches have added their voices today, and I hope the Government are listening to this debate and the negative response to Part 3 from all those organisations with deep domain expertise.

The Office for Environmental Protection has been cited in passing by a number of noble Lords. In its letter to the Government, it said that

“aiming to improve environmental outcomes overall, whilst laudable, is not the same as maintaining in law high levels of protection for specific habitats and species. In our considered view, the Bill would have the effect of reducing the level of environmental protection provided for by existing environmental law”—

the Environment Act.

“As drafted, the provisions are a regression.”

I have a number of amendments that would have the effect of underpinning the Environment Act and simplifying the interrelationship between legacy EU law and our own law, which has driven confusion. I hope the Minister will take these in the constructive spirit in which they are offered.

The apparent removal of the mitigation hierarchy, mentioned by many noble Lords, appears to lead to the potential for a complete loss of protection for key environmental features, which is both a destruction of nature but also a loss of access to that nature for local communities. The requirements on the Secretary of State are very weak, with only a “likely” overall improvement in the same type of feature over 10 years—a vanishingly small amount of time in the lifespans of ecosystems, let alone trees, and a very low bar for decision-making. This does not fill the House with confidence, and we would be interested in working with all noble Lords to strengthen these environmental protections and restore the mitigation hierarchy in the Bill.

I question whether it is appropriate that the nature restoration levy should be used for compulsory purchase by Natural England. Why should developers funding EDPs be subsidising the Government’s acquisition of land? In the other place, we suggested this should fall to the Treasury, and I expect to repeat those arguments in more depth in Committee.

The Secretary of State in the other place mentioned that

“we expect farmers and land managers to benefit, with the nature restoration fund providing opportunities to diversify their business income”.—[Official Report, Commons, Planning and Infrastructure Bill Committee, 15/5/25; col. 427.]

That is a generous sentiment but, as my noble friend Lord Lucas highlighted, nowhere in this Bill do I see any requirement for Natural England to consult with land managers and farmers, or to work with them on delivering environmental improvement within EDPs. At a time when the Government have imposed the family farm death tax, slashed delinked payments and slammed shut SFI applications, I am surprised that the Government do not look to allow farmers and landowners to provide these services commercially to developers or Natural England.

To add insult to injury, the publication of this Bill has chilled the biodiversity net gain and nutrient neutrality markets, undermining an existing business activity for many farmers. I join my noble friend Lord Goldsmith in asking the Minister how she sees Part 3 of the Bill relating to those markets? What role can they play if developers are forced to pay the nature restoration levy without the option of their own full or partial mitigation activities, either on-site or through these existing markets?

The Minister was unable to tell me, in an Answer to a Written Question, what levy rate developers will be required to pay nor how large the nature restoration fund is likely to be. I wonder whether the Government have given more thought to this and whether they can answer those questions now. How can we be confident this will not undermine the financial viability of developments or, as other noble Lords have mentioned, be used as an excuse to reduce other contributions made by developers?

Moving outside of Part 3 of the Bill and addressing other concerns that impact on the environment and rural community, I have been confused by comments from the Minister and her officials in meetings, and by the Secretary of State, in their descriptions of when they see compulsory purchase orders being used without hope value. I would be most grateful if the Minister could lay out exactly those circumstances.

Depending on the answer to the previous question, I also ask the Minister how this Bill really can be compatible with the European Convention on Human Rights, given that it allows the compulsory purchase of property at beneath its market price. Let me remind the House of the Council of Europe’s explanation of the ECHR:

“Under the European Convention on Human Rights, people have the right to possess property that is lawfully theirs. Governments cannot take property away without proper reasons - and neither can other people. For example, if a government takes land away from someone for public use, the former owner has to be properly compensated”.

In response to a Written Question, the Government helpfully cited that in 2024, local authorities used CPOs 54 times and others used them seven times. Can the Minister indicate what increase in frequency of CPOs is expected, both by Natural England and other bodies with CPO powers? Will these CPO powers be used on land already controlled by housebuilders, by Forestry England, by university colleges or by the Church? Who is excluded, apart from the Crown Estate?

I expect we will also address in Committee whether the Government have got right the balance and extent of compensation to landowners and occupants. Agricultural tenants invest heavily in equipment, buildings, soil, and indeed their businesses. Their economic loss as a result of a CPO is very material. To back up my noble friend Lord Hodgson of Astley Abbotts, I highlight that the Bill provides no protection to our best and most versatile land that is responsible for much of our food security, alongside reducing protections for other land.

The Bill is attracting considerable attention in this House and beyond. As His Majesty’s Official Opposition, we intend to play a detailed and constructive role in improving the Bill and helping to deliver a better outcome for all stakeholders. Noble Lords have raised considerable concerns, many reflecting those of rural representation groups and conservation bodies. I am grateful to the Minister for conceding that there is scope for strengthening the Bill, suggesting an openness to constructive amendments.

There have been many contributions over the course of the evening. Given the hour, I will return to those in Committee. We hope that the Government are able to take a co-operative approach, engaging with all Members of this House, and have an open mind to amendments that will allow better delivery of houses and infrastructure while restoring nature and protecting those impacted by development. I very much look forward to the Minister’s response.

Planning and Infrastructure Bill

Lord Roborough Excerpts

Committee stage
Thursday 24th July 2025 Lords Chamber

[Baroness Grender (LD)]

My Lords, these Benches support the amendment moved by the noble Lord, Lord Lucas, and thank him for raising this. We also thank him for tabling this amendment in good time so that this Committee could consider it.

This amendment seeks to designate livestock markets and abattoirs as critical national infrastructure. This is not merely a technical adjustment but a vital step towards securing the future of our rural communities, ensuring robust food security and upholding the highest standards of animal welfare across our nation. The Liberal Democrats have been consistent about the critical importance of maintaining and investing in small abattoirs and local livestock markets. We see them not just as commercial facilities but as essential pillars for rural economies, fundamental to animal welfare and crucial for food traceability. They are the very backbone of our local food systems and they in turn enable ethical meat production, allowing for shorter supply chains and reduced food miles, about which we have heard something already.

We have heard from the noble Baroness, Lady Bennett, about the closure of small abattoirs: operations in England fell from 64 in 2019 to 49 in 2023. This has exacerbated pressures on our rural communities, leading to significant challenges—including thousands of farm animals being culled, with the meat unable to be sold due to a lack of workforce. I will not get into the Brexit legacy, but this is clearly part of that too. According to a 2022 Food Standards Agency report, small abattoirs are closing at the alarming rate of 10% per year and within a decade may disappear altogether. This is not just an economic loss but a profound waste and a blow to animal welfare, as animals often face longer and more stressful journeys to distant facilities.

In the House of Commons during the passage of this Bill, my honourable friend Sarah Dyke MP, whose family are sixth-generation farmers in Somerset, highlighted the impact of regulatory and cost pressures, such as the 20% rise in meat inspection fees, which disproportionately affect these vital facilities. We have consistently called for the replacement of the small abattoir fund, which was removed in November 2024, and have proposed a £1 billion addition to the farming budget to sustain and enhance these networks. Yes, it was all fully costed when we made this proposal, with revenue-raising measures. We even advocate for innovative solutions, such as authorising mobile slaughter units to improve access in remote areas.

The inclusion of abattoirs and livestock markets as critical infrastructure would provide them with the protection and longevity that they desperately need within future planning and development strategies. Our 2024 manifesto explicitly committed to:

“Investing in rural and coastal infrastructure and services, including local abattoirs”


and livestock markets, to bolster community resilience and food security and to support younger workers in rural areas. This underpins our commitment to a comprehensive new animal welfare Bill, which we would love to see, ensuring high animal welfare standards throughout the food supply chain.

This is about providing the stability and recognition that these essential facilities deserve. It is about more than just buildings. It is about safeguarding the livelihoods of our farmers, ensuring humane treatment for animals, and building a more resilient, transparent food system for all. Think of it as a circulatory system of our rural economy. The abattoirs and livestock markets are the vital arteries and veins. Without protecting this core infrastructure, the entire body of our farming sector, and local food supply, will struggle to thrive—or worse, begin to fail. By acting now, we can revitalise and safeguard our rural heartlands for the generations to come. I look forward to hearing the Minister’s response.

[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.