Planning and Infrastructure Bill

Mike Reader Excerpts

Report stage
Tuesday 10th June 2025 Commons Chamber

[Freddie van Mierlo]

I am grateful for the opportunity to speak to new clause 22. Active travel—cycling, walking and wheeling—is hugely beneficial for health and happiness, and I know there is wide agreement on that point in this House. I welcome the investments being made by this Government in active travel through increases to the budget for Active Travel England, but even when there is willingness and funding to progress a scheme, it can be hard to get a plan off the ground, because landowners can refuse to co-operate. Compulsory purchase orders are regularly used for road transport projects, but when it comes to active travel, local authorities are reticent.

I am grateful to the Under-Secretary of State for Transport, the hon. Member for Wakefield and Rothwell (Simon Lightwood), for responding to my written parliamentary questions on this matter. On 15 May, he informed me:

“The Department for Transport has not made an assessment of the effectiveness of compulsory purchase order powers in progressing active travel schemes”.

That is somewhat surprising given the scope of this Bill, which aims to speed up infrastructure project delivery, but he did reassure me that local authorities can use CPOs for active travel. However, there is a difference between what is theoretically possible and the reality.

In Committee, this issue was raised by my hon. Friend and constituency neighbour the Member for Didcot and Wantage (Olly Glover), who is a powerful advocate for cycling. We were informed then by the Minister for Housing and Planning that updated guidance was published in October last year, and that it will be updated following the passage of the Bill. I have been through that guidance, and I can tell the House that nothing in it refers to active travel; it is covered only in so far as it falls under the umbrella term “highway”. The problem is that those rules work fine for roads, but are insufficiently adapted for the challenges of an active travel project. Furthermore, this guidance is non-statutory and is an interpretation of current law.

The Minister also signposted me to upcoming guidance from Active Travel England. This will support local authorities in the design and delivery of active travel routes, but it does not include consideration of CPOs. Again and again when the Minister states that there is already guidance, we see that it is insufficient and does not cover CPOs.

It is welcome news that, in response to another of my written questions, the Government have shared that future Active Travel England guidance will include case studies of the use of compulsory purchase orders for active travel routes. However, this is not enough. Active Travel England does good work, but it is not the Government and will never carry the same weight as statutory guidance. That is why new clause 22, which specifically requires such guidance to be published by Ministers, should be part of the Bill. All other options have been exhausted.

Before going further, let me make it clear that I do not believe that CPOs should be wielded lightly. It is far better to have a constructive relationships with landowners. CPOs should be a last resort, but without the threat of one in the back pocket, we are sending local authorities into negotiations with both hands tied behind their backs.

My county of Oxfordshire is hugely ambitious in its desire to reduce car journeys and roll out a county-wide strategic active travel network linking towns and villages together. In my own corner of the county, there is a clear case for the Thame to Haddenham greenway, which would link the town of Thame with the train station in Haddenham, and allow villagers in Haddenham to get safely to Thame and enjoy the town. There is widespread cross-party support for it, and I am pleased that Oxfordshire and Buckinghamshire are working closely together to progress the project. I thank the hon. Member for Mid Buckinghamshire (Greg Smith), another of my constituency neighbours, for his support.

When I was a councillor, residents of the beautiful small town of Watlington told me just how valuable a cycleway between Watlington and the village of Lewknor would be. Lewknor sits just off junction 6 of the M40, and it enjoys good bus connections to London and Oxford through the Oxford tube and airport buses. An informal park and ride works well enough, but would it not be so much better if there was a cycle route covering those 2.5 miles? Yet I learned early on that the landowner has no intention of co-operating, even though an old railway would be a perfect route, and the project was stopped dead in its tracks.

It may surprise Members that the issue this new clause seeks to address has already been considered closely by our colleagues in Wales. In 2019, the Welsh Assembly, as it was still called, looked in detail at the issue. The Economy, Infrastructure and Skills Committee made some observations within the context of the Active Travel (Wales) Act 2013 that I think are relevant to building the case for better guidance. The committee was cross-party and chaired by an AM for the Welsh Conservatives. It received evidence from Sustrans that:

“without effective support to ensure that land is made available, key sections of route which could make everyday journeys viable could take years to be delivered, or not be delivered at all.”

Sustrans suggested that the CPO process is a block on active travel routes, as objections to CPOs may be made on the grounds that there is one or more alternative—albeit lower-grade—route options, leaving local authorities vulnerable to challenge. As a result, local authorities are discouraged from beginning a lengthy and costly CPO process. The committee received further evidence from Sustrans that:

“Greater guidance and support is needed for local authorities”.

It concluded with a recommendation that the Welsh Government should work with local authorities and other stakeholders to find ways to “unblock” the process of using CPOs to develop cycle routes.

Perhaps recognising this problem, in response to another written question, the Minister yesterday pointed me in the direction of public path construction under the Highways Act 1980 for the creation of active travel routes. Although I am grateful for his response, it raises more questions than answers, and I am sure he will be pleased to hear that I will be submitting those questions through MemberHub. I have previously worked with local groups who wanted to get rights of way registered, and it is simply not possible for the highway authority to create public paths where none already exist. The application process requires statements from multiple people showing continuous use over at least 20 years, which does not work for a route that already cannot be used due to private ownership.

Before I wrap up, let me give another shout-out to the work of the Welsh Government, who have recognised that funding for active travel can be hard to find and is often assembled piecemeal. This gives rise to a chicken-and-egg situation: why seek a CPO if there is no funding, and why get funding if there is no viable route assembled? In Wales, guidance therefore requires a compelling public interest in acquisition, but not immediate financial readiness; in contrast, in England, guidance emphasises the importance of demonstrating financial readiness. Will the Minister therefore consider following in Wales’s footsteps? I ask the Government not to dismiss my concerns around the inadequacy of the current guidance or the good work of their colleagues in Wales. A Government serious about active travel would engage with these issues, as I am sure this Government will want to do following this debate.

Finally, I will spend a few moments on other new clauses and amendments, including those tabled by my hon. Friend the Member for Twickenham (Munira Wilson). The Bill removes hope value to improve the use of CPOs for some projects, but there are further projects that would benefit from a similar policy. Amendments 88 and 89 would ensure that hope value is not added to the cost of recreational facilities such as playing fields when an authority purchases the land with the intention of keeping it as a playing field. Removing hope value is particularly important in an area like Oxfordshire, where any whiff of development massively increases costs. In fact, it is one reason that so many small and medium-sized farms will be caught by the Government’s changes to agricultural property relief. If this House accepts the principle of disregarding hope value, that should also apply to the value of land for the purposes of inheritance tax for farms that remain farms.

I also support new clause 107, which would create a duty for any public body to consider the public good when selling land or property. I am aware of local organisations and good causes in my constituency that are looking for space to support their activities where land is disposed of by local authorities. It is right that local organisations benefit when public bodies sell land or properties, such as the men’s sheds movement, which seeks to improve mental health by offering practical hobbies in a space where people can meet and share skills.

Thank you, Madam Deputy Speaker, for allowing me to speak to these new clauses and amendments. I humbly ask Members across the House to support new clause 22.

[Mike Reader (Northampton South) (Lab)]

It is fantastic to speak in the Chamber on a subject that has been part of my career for the better part of 20 years. I started working in the construction sector as a civil engineer and finished my time working on major programmes around the world.

Planning, and particularly planning in respect of national programmes and major infrastructure, has been a headache for me for a long time. The prolonged wasteful consultation that happens on major programmes, which stops the urgency and prevents an outcome-focused approach to delivering the major infrastructure that we need, is almost like death by a thousand cuts for a lot of communities. It is death by consultation and fatigue; it means that people do not engage in the process, and it drives a culture of nimbyism rather than a culture of wanting to deliver the homes and schools—the civil and social infrastructure—that we desperately need, and that everyone across this House calls out for in their constituencies.