Planning and Infrastructure Bill (Fourteenth sitting) Debate

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Department: Ministry of Housing, Communities and Local Government

Planning and Infrastructure Bill (Fourteenth sitting)

Michael Shanks Excerpts
Thursday 22nd May 2025

(1 day, 23 hours ago)

Public Bill Committees
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Gideon Amos Portrait Gideon Amos
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New clauses 98 and 99 would require the Government to review permitted development rights and land acquisition rights for the electricity distribution network. The electricity distribution network is about 200,000 kilometres of bending overhead lines. If we are going to deliver net zero and economic growth, the anomalies now appearing in the system need to be addressed. There is a massive challenge for us in delivering more local renewable energy installations, as more farmers want batteries and more people want solar panels on their roofs.

The stress on the distribution network is significant—the Minister will know a lot more about this than I do—and we need to upgrade our distribution network as rapidly as possible. That reminds me of a seminar I once organised, when someone from National Grid said, “You can tell the road with all the solar panels on the roofs by the substation on fire at the end of it.” We really need to find a way to resolve the overloading of the distribution network, which can pose risks—though hopefully not fires—and challenges to those trying to upgrade their local network.

I have a couple of examples. Where there is a row of poles with two cables on them going across a field, just to put a third cable on there requires a planning application. When we are dealing with hundreds of thousands of kilometres of electricity line, that seems overly rigorous and constrained. Similarly, if someone wishes to increase the height of the poles by more than 10%—let us say they want to increase them by 12%—that would require a full planning application process. We hope these new clauses are self-explanatory in their aim of to moving us closer and faster towards delivering on communities’ net zero ambitions.

I have growing confidence that the Government will accept these new clauses without any further debate—but I have always been an optimist. I look forward to the Minister’s comments.

Michael Shanks Portrait The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Michael Shanks)
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I hate to let the hon. Gentleman down at this hour of the Committee, but I will outline why we cannot accept his new clauses. I think he will, however, be pleased with the Government’s position on this. I will turn first to new clause 98, which requires the Government to consult on the implementation of measures to give distribution network operators powers in relation to the acquisition of and access to land.

First, we completely agree with the case that the hon. Gentleman outlined. The distribution network does the vast majority of the heavy lifting to get electricity to all our homes and businesses, and it plays a critical role. It will require significant upgrading over the coming years, not least with the increase in demand that we expect. We agree that the current regime for infrastructure is not fit for purpose, as do developers and landowners.

We are all in agreement, which is fantastic at this hour of the Committee. The reason I cannot support this new clause is that we want to propose—if I may say so—a more ambitious set of reforms to land rights and consenting processes later this year. While we agree with the principle of many of the proposed changes, it is important that we get their detail right and ensure that they are developed with particular consideration of the rights of landowners. We will consult on reforms in this area, and following that consultation, we will look at including appropriate measures in future legislation, where necessary.

Gideon Amos Portrait Gideon Amos
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I wonder whether the Minister could be a little more definite. He referred to future legislation and some time this year, but I cannot help but think that I have heard those phrases before on some other topics. Is there a concrete proposal to bring forward legislation in this area?

Michael Shanks Portrait Michael Shanks
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A working group, involving people from across the Department and all those involved in this area, has been working on these proposals, and a consultation will be brought forward shortly. In the King’s Speech, we committed to a Bill that addresses a number of different areas in the energy space, and we hope that this area could be included. However, it is necessary to complete the consultation process in order to know what those measures might look like.

On new clause 99, I broadly agree with the thrust of what the hon. Gentleman has raised. Reform is necessary for us to meet the increasing demand for clean energy, and upgrading the distribution network will play a crucial role, particularly in connecting small-scale renewable energy technologies such as solar and wind, as well as the widespread adoption on the demand side, which we do not often speak about, with the roll-out of electric vehicles and heat pumps. Without upgrades in this space, we risk falling short of our climate goals and hindering progress towards our sustainable future.

While we are in complete agreement with the hon. Gentleman on the need for change, we do not support this particular new clause because it is possible for us to complete many of these changes through secondary legislation. As with new clause 98, it is also crucial that landowners’ views are heard and understood before any of these changes are implemented. We may wish to consider other reforms as part of this process or to discount certain proposals based on the evidence from those relevant stakeholders. That is why the Government have committed to consult on these and other reforms in the summer. That is the most appropriate way forward, rather than the Planning and Infrastructure Bill. I hope the hon. Gentleman will withdraw new clause 98.

Gideon Amos Portrait Gideon Amos
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I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 101

Preservation of playing fields and pitches

“(1) A local planning authority must, when exercising any of its functions, ensure the preservation of playing fields and playing pitches.

(2) The duty in subsection (1) may, when granting permission for development, be met through the imposition of conditions or requirements relating to—

(a) the protection of playing fields or playing pitches affected by the development; or

(b) the provision of alternative, additional or expanded playing fields or playing pitches.

(3) For the purposes of this section, ‘playing fields’ and ‘playing pitches’ have the same meanings as in the Town and Country Planning (Development Management Procedure) (England) Order 2010.”—(Gideon Amos.)

Brought up, and read the First time.

--- Later in debate ---
Olly Glover Portrait Olly Glover
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I beg to move, That the clause be read a Second time.

The new clause would make the adoption of local area energy plans compulsory in England. Local area energy plans are now recognised as the leading method for turning national net zero targets into real, on-the-ground action. They offer a path that is not only strategic and data driven but collaborative and cost-effective.

The plans are driven by local government, working hand in hand with key stakeholders from across the community. The result is a fully costed spatial plan that lays out exactly the changes needed to the local energy system and the built environment. Critically, it includes not just what needs to happen but where, when and by whom it should be delivered. Moreover, local area energy plans break down the big picture into manageable steps. They map out the costs, shifts in energy use and reductions in emissions over time. Such plans can be prepared to align with our national climate goals, including ultimately reaching net zero by 2050.

I am proud to say that in Oxfordshire, where my constituency is, a local area energy plan is under development. However, despite their importance to our planning process and net zero target, such plans are not compulsory in England. That has not stopped many local authorities from preparing them, and I hope that the Government will note that many of those local authorities are controlled by the Labour party. In Greater Manchester, 10 boroughs have a local area energy plan in place. Plans are also in place in York and North Yorkshire, Cornwall and the Isles of Scilly, Peterborough and the borough in which we are holding this debate: Westminster. In Wales, all 22 authorities have produced a local area energy plan because in Wales that is compulsory.

If hon. Members do not believe me, I quote Shaun Gibbons, the head of carbon reduction at York city council:

“The York Local Area Energy Plan has served an important role in articulating the scale of the net zero challenge and setting specific targets against some of our most pressing actions. It has provided a robust evidence base for external funding applications and has resulted in the Council accessing funding several times greater than the original cost of the plan.”

The new clause would require local authorities to prepare local area energy plans and would be a key component in getting to net zero. In the final stages of this Committee, I have hope that the Minister will view the measure favourably, given that there is so much good practice from Labour-run councils.

Michael Shanks Portrait Michael Shanks
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I thank the hon. Member for Taunton and Wellington for tabling the new clause, and the hon. Member for Didcot and Wantage for speaking to it—and for his praise of Labour councils, which we are always happy to hear from colleagues across the House. I recognise the important work and example of local area energy plans where they are working.

Local authorities are taking a number of other actions right across the country to deliver net zero, many having drafted strategies in different ways and forms to achieve their own local aims, goals and ambitions alongside other strategies that local authorities might have. These are helpful documents to be able to refer to when planning for forthcoming energy projects and investment.

We support the idea that local authorities may wish to look at these kinds of plans as part of the wider context around, for example, local growth plans. However, our view on the new clause is that now is not the right time to place an additional burden on all local authorities to have to develop local area energy plans—during a period of local government reorganisation, and crucially, as we are taking forward the regional energy strategic plans process, which is under way at the moment.

A top-down requirement for a local area energy plan would risk duplicating local and regional energy system planning that the National Energy System Operator is carrying out in line with Ofgem’s recent decision to introduce regional energy strategic plans. Ofgem has set out that regional energy strategic plans will plan how local energy systems need to be developed to reach net zero, considering the national targets set by central Government, and, as part of the strategic planning of our energy system more generally, the local needs and most appropriate approach in each area. They will set out the energy requirements for each region presented spatially. They will also set the foundation for determining capacity required and strategic investment needs on a regional basis.

Ofgem has stated that the National Energy System Operator will set up regional strategic boards, which will be responsible for providing oversight of regional energy plans, and it is anticipated that local government will be properly represented on those boards. We want local government to play an active role in the development of the regional energy plans. I understand that the work that many of them have been doing already, the evidence they have gathered and the experiences that they have had will be hugely helpful in supporting this process. The exact format of how each local government will contribute is still to be decided. Given that that process is ongoing and the huge amount of work as part of the strategic spatial energy plan and the regional plans, now is not the right time to place a new burden on local government to provide a uniform product across the country.

Finally, given that many areas have multiple tiers of local government, the new clause risks a number of different duplicative plans covering the same geographical area. For those reasons, although I completely support the premise of the point about the importance of local participation in planning the energy system, we will not support the new clause.

Olly Glover Portrait Olly Glover
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I thank the Minister for his comments. It is good to know from him that the topic is being looked at with a geographical scope greater than single local authorities. We shall observe with interest how that goes. In the interests of having time to speak to other new clauses, I will not press this one to a Division. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 105

Extension of use classes C5 and C6 to England

“In article 1(2) of the Town and Country Planning (Use Classes) (Amendment) (Wales) Order 2022, after “Wales” insert “, except in relation to articles 2(e) and 2(f), which apply in relation to England and Wales”.”—(Gideon Amos.)

This amendment of existing regulations would extend use classes C5 (Dwellinghouses, used otherwise than as sole or main residences) and C6 (Short-term lets), which currently only to apply to Wales, to England.

Brought up, and read the First time.