Planning and Infrastructure Bill

Lord Teverson Excerpts

Committee stage
Monday 1st September 2025 Lords Chamber

[Lord Teverson (LD)]

My Lords, like many Members in the Committee, when I read the list in my noble friend’s Amendment 77 I was absolutely incredulous that we are in the position where planning permissions still have to be given for that scale of change to our electricity distribution system. It is incredible. I hope that whichever Minister is answering on this group will be able to give us concrete guarantees that action will be taken in this area, whether through accepting this amendment or through secondary legislation. We need to get on with this and with the Government’s own programme.

I very much welcome the boldness of the amendment of the noble Lord, Lord Lucas, which is perhaps unusual coming from those Benches, and the tenor of the amendment of the noble Baroness, Lady Coffey. One thing that strikes me, and she mentioned it, is that a lot of reservoirs, certainly in my part of the world, the south-west, are used as recreational facilities, and obviously we would not want to squeeze that out. The other thing that occurs to me, particularly this year, is that floating solar on reservoirs is very likely to become non-floating fixed solar panels, given the rate of rainfall that we have been having, or not having, over some of these summers.

I will be interested to hear the Minister’s response to these very positive suggestions for how we can move renewable energy forward in this country.

[Lord Cromwell (CB)]

My Lords, with the solar energy that is reaching me at the moment, it is actually quite hard to see whether there is anybody out there, but I will take it for granted that there is and that they are all listening with rapt attention.

I apologise that I was unable to participate in earlier debates on the Bill, but I have been following it closely. I should declare that my family farm has some of what the noble Baroness, Lady Coffey, referred to as “hideous”—or was it “horrendous”?—pylons and poles coming across it. My grandfather actually welcomed these as signs of the inevitable march of progress, but, even then, and certainly now, not everybody is quite as enthusiastic as he was.

While I see and support the logic of Amendment 77, it makes no provision overtly for wayleaves or compensation for those whose homes and businesses are affected by any additional poles et cetera. I hope that any amendment along these lines would accommodate such arrangements, as is the case with current power lines. Will the Minister, or perhaps the noble Earl himself, confirm that that is the intention?

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[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.

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In conclusion, I look forward to hearing from the Minister how the Government are taking forward the essential work on developing our grid capacity. I hope that he will provide reassurance to the Committee that grid reform remains an urgent and co-ordinated priority as we take this Bill forward.

[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.

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Moved by

[Lord Teverson]

87: Clause 28, page 39, line 23, at end insert—
“(1A) For renewable energy produced from biomass, the forestry authority may only supply or use forestry materials that are deemed to be waste.”Member's explanatory statement
This amendment prevents public forestry resources being used for the establishment of large scale biomass operations.

[Lord Teverson (LD)]

My Lords, I declare a couple of interests that are relevant to this Bill. I chair the Cornwall and Isles of Scilly Local Nature Partnership and Aldustria Limited, a company which is into grid battery storage. I thank the noble Baronesses, Lady Boycott and Lady Bennett of Manor Castle, for adding their names to Amendment 87.

When I first read through this Bill before Second Reading, I went through all the big things in Part 3 and all the stuff that we have been debating. Hiding in plain sight was Clause 28 on forestry authorities—primarily one thinks of the Forestry Commission here in England—and how their land should be used. It is entitled in such a way, with renewable energy, that you think, “Oh, that sounds good: more renewable energy and forestry. What could possibly go wrong?” Then you look down this clause and think, “Hang on a minute: what goes together most with renewable energy and forestry?” Of course, the answer that springs out is biomass; what else can you do with trees for renewable energy than to produce biomass? I am not totally against biomass for renewable energy, but it is an area about which we have to be very careful.

If we read through the rest of Clause 28 to see the definitions of renewable energy, interestingly we find that it does not actually say what they are but what they are not. It goes through nuclear energy, so we are not likely to have any small modular reactors on Forestry Commission sites in the near future, and it goes through all the fossil fuels and peat, all of which is good. However, it does not mention biomass within those definitions. As we know, biomass has its issues. It is interesting that we are debating this clause at a point when the Financial Conduct Authority has looked at the behaviour of Drax over something of a completely different scale and in a different place. It shows that one of the difficult areas with biomass is how you manage it, have accountability and make sure that, if it is used, it is managed in the right way. So there are a number of issues around biomass, all of which we know. The forestry authorities have a number of ancient woodlands, which certainly should not be touched, and there are issues around clear-cutting and soil quality, particularly if we were to take away all the cuttings—the branches and fallen trees—in that natural forestry.

I am aware that the Minister will say to me—it is a positive part of this clause—that activities carried out under this clause would have to have an environmental benefit. It goes on to mention those environmental benefits to nature and other areas, and I welcome that. However, my concern—hence why I have pursued this amendment—is that it could be said that all those things would be helped if we moved more quickly towards net zero. That is true, and so you could construct an argument that having renewable energy through biomass would reduce climate change, which is positive for all those other natural environment considerations.

I am really trying to find out from the Minister—she gave part of this answer in writing after Second Reading but I want to investigate it further—what exactly was in the Government’s mind when they wrote this. Are they going to cover Forestry Commission land with solar panels or wind turbines? I am trying to understand what this allows and what those organisations’ management plans for renewable energy are likely to be. I can accept, as I put in the amendment, that waste product is acceptable. Having said that, even residual and dead timber can itself be a good springboard for biodiversity. I am really trying to find out the intent behind this, because it is one area that could go very wrong if we are not careful. I beg to move.

[Baroness Boycott (CB)]

My Lords, I am very pleased to support the amendment in the name of the noble Lord, Lord Teverson. There is widespread concern about the sustainable sourcing of all Drax wood pellets, and it is incredibly important that we ensure there are safeguards in place around the potential for the wrongful use of forestry land. As the noble Lord said, we learned just last week that Drax is now under investigation by the financial watchdog. In the past, it has been fined £25 million for supplying inaccurate data. So while the Government’s decision to reduce the subsidies for Drax is welcome, it will remain the UK’s largest emitting power station, whatever we do. We have to be watchful.

The Secondary Legislation Scrutiny Committee’s report in May, covering DESNZ’s draft regulations to extend the regime for Drax, highlighted concerns about the ability of Ofgem and DESNZ to hold Drax to account on the sustainability question and the enforcement of environmental compliance. It noted that “key documents” relating to

“Drax’s supply chain processes and reporting practices have not been published”.

A lot of this comes from whistleblowers within the company. The Public Accounts Committee has also criticised the weaknesses in the current assurances and enforcement processes.

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[Baroness Taylor of Stevenage (Lab)]

I will pass my noble friend’s comments on to the Defra Minister.

[Lord Teverson (LD)]

My Lords, if this was not the House of Lords, I think I would ask for a round of applause for the Minister. That was very concentrated information over about 15 minutes without even a breath, so my congratulations to her.

Clearly, there is another debate that needs to happen. I am absolutely fascinated by the comments of the noble Baroness, Lady Coffey, that the Forestry Commission is not too strongly into planting trees. That could just explain the fact that we are rather behind on our tree planting targets in this country. I really welcomed the in-depth, practical view of how the Forestry Commission worked from the noble Lord, Lord Roborough.

As far as my amendment is concerned, I can see from what the Minister said in answer to one of the other amendments that the role model here may be what is happening in Scotland. I will look at that further and try to understand further what the Government are trying to achieve in terms of the Forestry Commission and renewable energy. I may or may not come back to this on Report, but at this point I beg leave to withdraw my amendment.

Amendment 87 withdrawn.