Planning and Infrastructure Bill (Ninth sitting)

Paul Holmes Excerpts

Committee stage
Thursday 15th May 2025 Public Bill Committees

[Paul Holmes (Hamble Valley) (Con)]

I beg to move amendment 126, in clause 57, page 88, line 31, at end insert—

“(c) at five yearly intervals, a report on an EDP covering the previous five-year period.”

[The Chair]

With this it will be convenient to discuss the following:

Amendment 127, in clause 57, page 89, line 24, at end insert—

“(h) what impact the EDP has had on the local economy and community of the relevant area.”

Clause stand part.

[Paul Holmes]

It is a pleasure to serve under your chairmanship again, Dr Huq. I am also pleased to see everyone here this morning on the Committee.

Last night, after buying the Minister a coffee to keep us going, I promised to buy one for the Liberal Democrat spokesperson, the hon. Member for Taunton and Wellington. I declare that I did intend to stick to that promise—

[Gideon Amos]

Broken Tory promises!

[Paul Holmes]

—but the hon. Member was not in the café. He has nicked my joke; I was about to say that I hope that that does not go on a focus leaflet somewhere as a broken Tory promise. It takes two to tango.

[David Simmonds]

Lib Dems missing in action.

[Paul Holmes]

Missing in action and not winning here. I know that the Minister is very keen that we expedite this Committee today because of the semi-final play-off with Charlton tonight. I hope that his team does well in that, because we would like to invite him down to the Den to watch a match between Millwall and Charlton, if Charlton are promoted. The Minister is always welcome down to the Den.

I turn to amendment 126, which is in the name of my hon. Friend the Member for Keighley and Ilkley (Robbie Moore). We absolutely agree with the Minister’s sentiments on EDPs, and we wholeheartedly agreed with the majority of what he said on the previous clause. We accept that EDPs will be a step change in environmental delivery across the United Kingdom.

One of our concerns, and the reason why we tabled amendment 126—I will come to amendment 127 in a minute—is that at the moment the legislation says that there will be two reviews into the EDP: one at the mid-point and one at the end. We simply want to see whether the Minister would entertain the idea of review periods at five-yearly intervals and a report on an EDP covering the previous five-year period. That is for a number of reasons.

First, with only two reports—one at the mid-point and one at the end—there could be long gaps during which important issues or shortcomings in implementation go unaddressed. In rapidly evolving environmental contexts, more frequent reporting would allow for timely adjustments and a greater responsiveness to emerging challenges. What would happen under the current proposals if a mid-term report showed a failure to deliver in conservation outcomes? Also, are the two required reports sufficient for long-term monitoring and public accountability?

We have a slight concern that the clause does not seem to specify the content or required level of detail in those reports. I hope that the Minister will be able to elaborate slightly on what he and the Secretary of State would expect in terms of the detail when a report is published. It is also important to state that although the Bill will have to meet equality legislation, it does not meet the standard for public accessibility or independent review. I hope that the Minister will be able to say something about that. Without these safeguards, the report could become a box-ticking exercise rather than a meaningful tool for transparency and continuous improvement.

I turn briefly to amendment 127, tabled in the name of my hon. Friend the Member for Keighley and Ilkley. Given what the Minister said in our discussion of the last clause about the impact that the wording will have on legal definitions and measurements if those were to be challenged, I do not intend to press amendment 127 to a vote. We think that the wording

“the local economy and community of the relevant area”

is not defined enough, so we will have to look at whether we need to tighten it up, bearing in mind what the Minister said about the language in the amendment tabled by the hon. Member for North Herefordshire. But I would like to press amendment 126 to a vote.

On amendment 127, I hope the Minister will say something about community benefits and the local economy in the relevant area. I hope he looks favourably on amendment 126, which stipulates more transparency and a clearer guideline for the process of reviewing EDPs. I look forward to his response.

[Matthew Pennycook]

Let me start by setting out our overarching intentions behind clause 57. Once an environmental delivery plan is made, it is crucial that Natural England can effectively monitor the performance of the conservation measures put in place and report on its progress. It is vital that key information, such as the performance of conservation measures and remaining development capacity under the environmental delivery plan, are made available. That is why clause 57 sets out that, as the shadow Minister just said, Natural England must publish reports at least twice over the environmental delivery plan period: once covering the period from commencement to its mid-point, then a second report covering the mid-point to the end date. The reports must be published no later than two months after the period the report covers, and Natural England may publish reports at any other time.

The reports are intend to demonstrate how an environmental delivery plan is progressing. They must cover specific topics—I hope this gives the shadow Minister some reassurance—including how much development has been agreed to, how that compares to the total amount of development that could be agreed to, what conservation measures have been implemented and the effect that they are having. The report must also specify the amount of money received through the levy and whether that is in line with expectations. That transparency will ensure that proactive steps can be taken if an environmental delivery plan is underperforming, and it will allow the Secretary of State to consider amending an environmental delivery plan to accommodate continued demand. I will come to clause 58 shortly.

Those reporting requirements are also important to ensure transparency as to whether delivery is aligning with the expected costs, and how the levy is being set and spent. By legislating for appropriate levels of reporting, we are ensuring that developers, local communities and environmental groups will be able to continue to engage with environmental delivery plans across their lifespan, ensuring they can be adapted as needed.

Amendment 126, tabled by the hon. Member for Keighley and Ilkley, seeks to require Natural England to publish a report at five-yearly intervals that covers the previous five-year period of an environmental delivery plan. I very much share the hon. Gentleman’s desire to ensure that Natural England appropriately monitors the performance of the conservation measures put in place and reports on the progress of the environmental delivery plan. However, as drafted, clause 57(1)(a) and (b) already provide adequate safeguards by requiring appropriate levels of reporting. Under the existing drafting, Natural England is required to produce reports for each EDP. As I have set out, the first report will cover the start date to the mid-point, and the second will cover the mid-point to the end date of the plan.

As the maximum length of an environmental delivery plan is 10 years, the latest a report will be published is in year five, and then year 10. As such, the proposed requirement to provide a report every five years would not add further value. Where the duration of an environmental delivery plan is less than 10 years, a prescriptive timetable for reporting could create duplication. However, we recognise the need to ensure that Natural England can tailor reporting, which is why clause 57(3) allows it to publish a report at any other time.

On amendment 127, which was also tabled by the hon. Member for Keighley and Ilkley, the Government share his desire to ensure that EDPs make a positive impact on the regions they cover, but we are clear that they should be judged first and foremost on their delivery of the environmental outcomes they are designed to achieve. That is why the legislation focuses on reporting on the environmental performance of EDPs. However, through subsection (6), the Secretary of State can publish guidance that Natural England must consider when producing a report. That gives the Secretary of State the ability to introduce new elements of reporting where appropriate.

The core focus of these reports is to provide the Secretary of State and the public with confidence that an EDP is providing the necessary environmental benefits to bring about an overall positive environmental outcome. Adding a new metric to cover the impact on the local economy and community, we believe, risks extending the scope of reporting and losing focus on the core objective of these reforms. Local economic benefits would, to a degree, be covered by the existing requirement to report how much of an EDP’s development capacity has been utilised. With that explanation, and the assurance that I always give the shadow Minister that I will go away and reflect on whether the wording is the best it can be, I hope he will withdraw the amendment.

[Paul Holmes]

I thank the Minister, as always, for his clarity on the amendments. He has said many times in Committee that he will be reflecting; I hope that he finds time to do things other than reflect. Given his assurances, I will have a word with my hon. Friend the Member for Keighley and Ilkley so that he might have a proper look at where in the Bill the timescales are already set out; that may be a lesson for cross-shadow ministerial working in the future. Given the Minister’s assurances, I will not press the amendment; as I have said already, we are content with what he said on amendment 127. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 57 ordered to stand part of the Bill.

Clause 58

Amendment of an EDP

[Gideon Amos]

I beg to move amendment 11, in clause 58, page 89, line 38, at end insert—

“(2A) An EDP may not be amended if the amendment would reduce the amount, extent or impact of conservation measures that are to be taken to protect the identified environmental features.”

This amendment would mean that the Secretary of State could not amend an environmental delivery plan so as to reduce the measures to be taken to mitigate the negative environmental impact of a development.

--- Later in debate ---

[Paul Holmes]

I rise to speak to amendment 128, in the name of my hon. Friend the Member for Keighley and Ilkley—let us hope this one goes slightly better.

We understand the reason for clause 58 and for outlining the provisions for amending an environmental delivery plan. The clause clearly lays out the process the Secretary of State must go through to amend an EDP, which they may do either on their own initiative or at the request of Natural England.

The reason why my hon. Friend tabled amendment 128 is that, in some cases, the Secretary of State may choose to revoke an EDP. We will come to compulsory purchase orders later, but we would like to tighten up the wording of the Bill, so that when an EDP is revoked, the Secretary of State must seek to return any land obtained under a CPO for the purposes of that EDP to the original owner.

Will the Minister outline his thoughts on those proposals, which relate to cases where land has been CPO-ed and what happens to it afterwards? I hope he will see amendment 128 as a minor adjustment to the Bill and that he will give me some satisfactory answers, as he has this morning. We support the clause in general, but we just seek to tighten the language.

[Matthew Pennycook]

Let me set out for the Committee the intentions behind the clause, which gives the Secretary of State the power to amend environmental delivery plans in specific circumstances, where it is necessary to do so, and lays out the process that must be gone through.

The ability to amend may be required, for example, to reflect new environmental information or to extend an environmental delivery plan to accommodate additional development. The Secretary of State may amend on their own initiative or at the request of Natural England. It is right that environmental delivery plans can be amended, but our intention is that, where development has already contributed to the environmental delivery plan, any future amendment does not expose such development to requests for additional funding.

In providing a power to amend, we have also included proportionate requirements to consult on amendments. Crucially, however, in making an amendment to an environmental delivery plan, the Secretary of State will be bound by the same overall improvement test and will need to be satisfied that the conservation measures in the amended plan are likely to sufficiently outweigh the negative effect of development on the relevant environmental feature.

If the Secretary of State wishes to amend an environmental delivery plan, other than to amend only the charging schedule, they may first direct Natural England to consult on the environmental delivery plan as proposed to be amended. That allows environmental delivery plans to adapt and reflect changing circumstances, while ensuring that they are subject to sufficient scrutiny and oversight.

Turning to the amendments, I will begin with amendment 11, as set out by the hon. Member for Taunton and Wellington. I recognise the concern he highlights that, in a certain scenario, an amendment could be made that reduces the environmental outcomes and lowers the amount of protection. There are of course many important reasons why an environmental delivery plan may need to be amended, but we recognise that that ability to amend needs to be carefully considered. That is why existing clauses already offer a number of safeguards.

The central safeguard is that, where amended, an environmental delivery plan is still required to pass the overall improvement test. That means that, when amending an environmental delivery plan, the Secretary of State will not be able to reduce the amount of conservation measures without amending the scale of development that can rely on that environmental delivery plan.

--- Later in debate ---

[Paul Holmes]

I am just trying to be helpful. Clause 58(4) clearly sets out the process where a Secretary of State directs Natural England to consult, and the detailed consultation procedure is set out in clause 54. We have had a big debate on consultation procedures, which are not necessarily what we would like in other clauses of the Bill, but consultation is clearly set out in clause 58(4).

[Ellie Chowns]

rose—

--- Later in debate ---

[The Chair]

We now come to amendments 15 and 128 to clause 59, which have already been debated. Does anyone wish to press either amendment to a vote?

[Paul Holmes]

No, Dr Huq, but on the assurances that the Minister gave in relation to amendment 128, which he said he expected we would take in the spirit in which he intended them, let me say that we will seek further clarification from him on CPO.

Clause 59 ordered to stand part of the Bill.

Clause 60

Challenging an EDP

Question proposed, That the clause stand part of the Bill.

[Matthew Pennycook]

The clause sets out the approach to challenging an environmental delivery plan. As the obligations discharged through an EDP will not be subject to separate consideration at the point of development consent, we recognise that it is important that EDPs are subject to appropriate scrutiny. Earlier clauses provided for consultation in respect of EDPs, and clause 60 provides a route to challenge them.

The route of challenge enables a claim for judicial review to be brought within a period of six weeks from the date that the EDP is published. The same six-week period for judicial review is available following any decision by the Secretary of State not to make an EDP or to amend or revoke one, or when the Secretary of State has decided not to amend or revoke an EDP.

The decisions of the Secretary of State and Natural England in preparing EDPs must be subject to scrutiny, and the clause sets out a clear, time-bound mechanism for parties to question those decisions. For those reasons, I commend the clause to the Committee.

[Paul Holmes]

I thank the Minister for that explanation of the clause. We have tabled no amendments, but we do have some questions for him.

We welcome the Government’s recognition that there should be the right to challenge an EDP—that is perfectly sensible and we appreciate it—and we welcome the fact that an EDP can be challenged by judicial review. We have all seen examples in our constituencies of large-scale projects in the planning system; in my area, although I disagreed with the people who were against an extension of Southampton airport’s runway, they had the right to go to judicial review. We also see—I declare an interest given what I said on Tuesday about Hamble quarry —communities wanting to assess whether they can take cases to judicial review. We absolutely welcome that provision in clause 60.

However, we have a concern about the six-week window. The Minister will know—and we have all seen these cases, for good and bad—that people who may want to bring a judicial review, or at least investigate one, cannot always afford it. They are not always well-organised or large-scale businesses with the resources to afford that very expensive and complicated process. We are concerned that such a short window may hinder meaningful access to justice, particularly for local communities, smaller organisations, or individuals or charities, which may lack the resources or legal expertise to respond quickly enough. I know that this is in legislation, but is the Minister confident that the six-week window is sufficient, given the potential complexity of EDPs, and will he look at reviewing it or consulting interested parties on it?

We have been very clear that we expect robust public engagement and clear communication obligations. Especially on something as substantial as an EDP, and bearing in mind the charities or small activist groups that may be affected by it and that may, whether we back the principle of EDPs or not, have genuine disagreements, I invite the Minister to outline his thoughts on the six-week period.

[Matthew Pennycook]

I appreciate why the shadow Minister raises that point. I am confident, for the following reasons. A six-week timeframe to challenge an EDP is in line with similar legislation on plan making. For example, the statutory consultation period for local plans is six weeks, as set out in regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012. We think it is an appropriate timeline, and there is precedent. We are trying to strike a balance between allowing sufficient time for an EDP to be challenged when it is made, amended or revoked—in all the circumstances that I set out—and not making the period so long that it will not allow for EDPs to be prepared and implemented as swiftly as possible, which is obviously the objective of the Bill. I hope that, on that basis, the shadow Minister is reassured.

Question put and agreed to.

Clause 60 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Gen Kitchen.)